Section 58.01.01.134 - UPSET, BREAKDOWN AND SAFETY REQUIREMENTSThe requirements in Subsections 134.01, 134.02, and 134.03 apply in all cases where upset or breakdown of equipment or an emissions unit, or the initiation of safety measures, result or may result in an excess emissions event. The owner or operator of the facility or emissions unit generating the excess emissions must demonstrate compliance with all of the requirements of Subsections 134.01, 134.02 and 134.03 as well as the development and implementation of procedures pursuant to Subsections 134.04 and 134.05 as a prerequisite to any consideration under Subsection 131.02. Where the owner or operator demonstrates that because of the unforeseeable nature of the excess emissions event it is impractical to develop procedures pursuant to Subsection 134.04, the Department will exercise its enforcement discretion on a case-by-case basis.
01.Routine Maintenance and Repairs. For all equipment or emissions units from which excess emissions may occur during upset conditions or breakdowns or implementation of safety measures, the facility owner or operator must: a. Implement routine preventative maintenance and operating procedures consistent with good pollution control practices for minimizing upsets and breakdowns or events requiring implementation of safety measures, andb. Make routine repairs in an expeditious fashion when the owner or operator knew or should have known that an excess emissions event was likely to occur. Off-shift labor and overtime must be utilized, to the extent practicable, to ensure that such repairs are made expeditiously.02.Excess Emissions Minimization and Notification. For all equipment or emissions units from which excess emissions result during upset or breakdown conditions, or for other situations that may necessitate the implementation of safety measures which cause excess emissions, the facility owner or operator must: a. Immediately undertake all appropriate measures to reduce and, to the extent possible, eliminate excess emissions resulting from the event and to minimize the impact of such excess emissions on the ambient air quality and public health;b. Notify the Department of any upset/breakdown/safety event that results in excess emissions. Such notification must identify the time, specific location, equipment or emissions unit involved, and (to the extent known) the cause(s) of the occurrence. The notification must be given as soon as reasonably possible, but no later than twenty-four (24) hours after the event, unless the owner or operator demonstrates to the Department's satisfaction that the longer reporting period was necessary; andc. Report and record the information required pursuant to Sections 135 and 136 for each excess emissions event caused by an upset, breakdown, or safety measure.03.Discretionary Reduction or Cessation Provisions. During any period of excess emissions caused by upset, breakdown, or operation under facility safety measures, the Department may require the owner or operator to immediately reduce or cease operation of the equipment or emissions unit causing the excess emissions until such time as the condition causing the excess emissions has been corrected or brought under control. Such action by the Department will be taken upon consideration of the following factors and after consultation with the facility owner or operator: a. Potential risk to the public or the environment.b. Whether ceasing operations could result in physical damage to the equipment, emissions unit or facility, or cause injury to employees.c. Whether continued excess emissions were reasonably unavoidable as determined by the Department.d. The effect of the increase in pollution resulting from the shutdown and subsequent restart of the equipment or emissions unit or facility.e. The owner or operator is not required to reduce or cease operations at the entire facility if reducing or ceasing operations at a portion of the facility eliminates or adequately reduces the excess emissions.04.Procedures. For equipment or emissions units and process upsets and breakdowns and situations that require implementation of safety measures, events that can reasonably be anticipated to occur periodically but that cannot be reasonably avoided or predicted with certainty, the owner or operator must prepare, implement, and file with the Department specific procedures that will be used to minimize such events and excess emissions during such events. To the extent possible and reasonably practicable (and based upon knowledge of the process or emissions where measured data is not available), specify the following information for each type of anticipated upset/breakdown/safety event: a. The specific air pollution control equipment or emissions unit and the type of event anticipated.b. The specific emissions in excess of applicable emission standards during the event.c. The estimated amount of excess emissions expected to be released during each event.d. The expected duration of each excess emissions event.e. An explanation of why the excess emissions are reasonably unavoidable.f. The frequency of the type of event, based on historic occurrences.g. Justification to explain why the piece of control equipment or emissions unit cannot be modified or redesigned to eliminate or reduce the particular type of event.h. Detailed specification of the procedures to be followed by the owner or operator that will minimize excess emissions at all times during such events, including without limitation those procedures listed under Subsection 134.05.05.Amendments to Procedures. The owner or operator must amend, and the Department may require amendments to, the procedures established pursuant to Section 134 from time to time and as deemed reasonably necessary to ensure that the procedures are and remain consistent with good pollution control practices.06.Filing Procedures. a. Failure to follow procedures filed with the Department does not preclude the Department from making a determination under Subsection 131.02 if the owner or operator demonstrates to the Department's satisfaction that alternate and equivalent procedures were used and were necessitated by the exigency of the circumstances.b. Unless otherwise required by the Department, the failure to prepare or file procedures pursuant to Subsection 134.04 is not a violation of these rules in and of itself.c. To the extent procedures or plans for excess emissions resulting from upsets, breakdowns or safety measures are required to be or are otherwise submitted to the Department with any permit application, such submission, if deemed adequate by the Department, fulfills the requirement under this Section to file plans and procedures with the Department.Idaho Admin. Code r. 58.01.01.134