Malfunction Law and Legal Definition

According to 40 CFR 57.103 [Title 40 Protection of Environment; Chapter I-Environmental Protection Agency; Subchapter C-Air Programs; Part 57-Primary Nonferrous Smelter Orders; Subpart A-General], malfunction means “any unanticipated and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor design, poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions. A malfunction exists only for the minimum time necessary to implement corrective measures."