Section 58.01.01.131 - EXCESS EMISSIONS01.Applicability. The owner or operator of a facility or emissions unit generating excess emissions must comply with Sections 131, 132, 133.01, 134.01, 134.02, 134.03, 135, and 136, as applicable. If the owner or operator anticipates requesting consideration under Subsection 131.02, then the owner or operator must also comply with the applicable provisions of Subsections 133.02, 133.03, 134.04, and 134.05.02.Enforcement Action Criteria. Where an excess emissions event occurs as a direct result of startup, shutdown, or scheduled maintenance, or an unavoidable upset or unavoidable breakdown, or the implementation of a safety measure, the Department will consider the sufficiency of the information submitted and the following criteria to determine if an enforcement action to impose penalties is warranted:a. Whether prior to the excess emissions event, the owner or operator submitted and implemented procedures pursuant to Subsections 133.02 and 133.03 or Subsections 134.04 and 134.05, as applicable;b. Whether the owner or operator complied with all relevant portions of Subsections 131, 132, 133.01, 134.01, 134.02, 134.03, 135, and 136; c. Whether the excess emissions event was part of a recurring pattern of excess emissions events indicative of inadequate design, operation or maintenance of the facility or emissions unit; andd. Where appropriate, whether the excess emissions event was caused by an activity necessary to prevent loss of life, personal injury or severe property damage.03.Effect of Determination. Any decision by the Department under Subsection 131.02 will not excuse the owner or operator from compliance with the relevant emission standard and will not preclude the Department from taking an enforcement action to enjoin the activity causing the excess emissions. Any decision made by the Department under Subsection 131.02 does not preclude the Department from taking an enforcement action for future or other excess emission events. The affirmative defense for emergencies under Section 332 may be applied in addition to the provisions of Sections 130 through 136.Idaho Admin. Code r. 58.01.01.131