Section 58.01.01.332 - EMERGENCY AS AN AFFIRMATIVE DEFENSE REGARDING EXCESS EMISSIONS01.General. An emergency, defined as any situation arising from sudden and reasonably unforeseeable events beyond the control of the owner or operator, including acts of God, which situation requires immediate corrective action to restore normal operation and that causes the Tier I source to exceed a technology-based emission limitation under the Tier I operating permit due to unavoidable increases in emissions attributable to the emergency, constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitation if the conditions of Subsection 332.02 are met. An emergency will not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. (3-28-23)02.Demonstration of Emergency. The affirmative defense of emergency must be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: (3-28-23)a. An emergency occurred and that the permittee can identify the cause(s) of the emergency; (3-28-23)b. The permitted facility was at the time being properly operated; (3-28-23)c. During the period of the emergency, the permittee took all reasonable steps, as determined by the Department, to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; and (3-28-23)d. The permittee submitted written notice of the emergency to the Department within two (2) working days of the time when emission limitations were exceeded due to the emergency. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken. Compliance with this section satisfies the written reporting requirements under Section 135 and Subsection 322.15.q. (3-28-23)03.Burden of Proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. (3-28-23)04.Applicability. Section 332 is in addition to any emergency or upset provision contained in any applicable requirement. (3-28-23)Idaho Admin. Code r. 58.01.01.332