- Alaska Statutes.
- Title 46. Water, Air, Energy, and Environmental Conservation
- Chapter 14. Air Quality Control
- Section 560. Unavoidable Malfunctions and Emergencies.
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AS 46.14.560. Unavoidable Malfunctions and Emergencies.
Excess emissions caused by an unavoidable emergency, malfunction, or nonroutine repairs of an emissions unit including
pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations
adopted under AS 46.14.140
, to an action brought for noncompliance with a technology-based emission standard. This section does not limit the
department's power to enjoin the emission or require corrective action. This provision is in addition to any emergency
or upset provision contained in an applicable requirement.
Article 06. GENERAL PROVISIONS
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