Confidential Information

Information obtained by the Department under these rules is subject to public disclosure pursuant to the provisions of IDAHO ADMINISTRATIVE CODE IDAPA 58.01.01 Department of Environmental Quality Rules for the Control of Air Pollution in Idaho Section 130 Page 23 Chapter 1, Title 74, Idaho Code and Section 39-111, Idaho Code. Information submitted under a trade secret claim may be entitled to confidential treatment by the Department as provided in Section 74-114, Idaho Code, and IDAPA 58.01.23, “Contested Case Rules and Rules for Protection and Disclosure of Records.” If the information for which the person is requesting confidential treatment is submitted to the Department under Sections 300 through 386 or the terms or conditions of a Tier I operating permit, the person must also submit the same information directly to the EPA. (3-28-23) 129. (RESERVED) 130. STARTUP, SHUTDOWN, SCHEDULED MAINTENANCE, SAFETY MEASURES, UPSET AND BREAKDOWN. 01. Procedures. Sections 130 through 136 establish procedures to be implemented in all excess emissions events and establish criteria to be applied by the Department in determining whether to take enforcement action to impose penalties for an excess emissions event where the excess emissions are caused by startup, shutdown, scheduled maintenance, upset, or breakdown of any emissions unit or that occur as a direct result of the implementation of any safety measure. (7-1-24) 02. Definitions. (7-1-24) a. Breakdown. An unplanned failure of any equipment or emissions unit that may cause excess emissions. (7-1-24) b. Excess Emissions. Emissions that exceed an applicable emissions standard established for any facility, source or emissions unit by statute, regulation, rule, permit, or order. (7-1-24) c. Safety Measure. Any shutdown (and related startup) or bypass of equipment or processes undertaken to prevent imminent injury or death or severe damage to equipment or property which may cause excess emissions. (7-1-24) d. Scheduled Maintenance. Planned upkeep, repair activities and preventative maintenance on any air pollution control equipment or emissions unit, including process equipment, and including shutdown and startup of such equipment. (7-1-24) e. Shutdown. The normal and customary time period required to cease operations of air pollution control equipment or an emissions unit beginning with the initiation of procedures to terminate normal operation and continuing until the termination is completed. (7-1-24) f. Startup. The normal and customary time period required to bring air pollution control equipment or an emissions unit, including process equipment, from a nonoperational status into normal operation. (7-1-24) g. Upset. An unplanned disruption in the normal operations of any equipment or emissions unit that may cause excess emissions. (7-1-24)