Or. Admin. Code § 340-012-0054 - Air Quality Classification of Violations
(1)
Class I:
(a) Constructing a new source or modifying an
existing source without first obtaining a required New Source Review/Prevention
of Significant Deterioration (NSR/PSD) permit;
(b) Constructing a new source, as defined in
OAR 340-245-0020, without first
obtaining a required Air Contaminant Discharge Permit that includes permit
conditions required under OAR
340-245-0005 through
340-245-8050 or without
complying with Cleaner Air Oregon rules under OAR
340-245-0005 through
340-245-8050;
(c) Failing to conduct a source risk
assessment, as required under OAR
340-245-0050;
(d) Modifying a source in such a way as to
require a permit modification under OAR
340-245-0005 through
340-245-8050, that would
increase risk above permitted levels under OAR
340-245-0005 through
340-245-8050 without first
obtaining such approval from DEQ;
(e) Operating a major source, as defined in
OAR 340-200-0020, without first
obtaining the required permit;
(f)
Operating an existing source, as defined in OAR
340-245-0020, after a submittal
deadline under OAR 340-245-0030 without having
submitted a complete application for a Toxic Air Contaminant Permit Addendum
required under OAR 340-245-0005 through
340-245-8050;
(g) Exceeding a Plant Site Emission Limit
(PSEL);
(h) Exceeding a risk limit,
including a Source Risk Limit, applicable to a source under OAR
340-245-0100;
(i) Failing to install control equipment or
meet emission limits, operating limits, work practice requirements, or
performance standards as required by New Source Performance Standards under OAR
340 division 238 or National Emission Standards for Hazardous Air Pollutant
Standards under OAR 340 division 244;
(j) Exceeding a hazardous air pollutant
emission limitation;
(k) Failing to
comply with an Emergency Action Plan;
(l) Exceeding an opacity or emission limit
(including a grain loading standard) or violating an operational or process
standard, that was established under New Source Review/Prevention of
Significant Deterioration (NSR/PSD);
(m) Exceeding an emission limit or violating
an operational or process standard that was established to limit emissions to
avoid classification as a major source, as defined in OAR
340-200-0020;
(n) Exceeding an emission limit or violating
an operational limit, process limit, or work practice requirement that was
established to limit risk or emissions to avoid exceeding an applicable Risk
Action Level or other requirement under OAR
340-245-0005 through
340-245-8050;
(o) Exceeding an emission limit, including a
grain loading standard, by a major source, as defined in OAR
340-200-0020, when the violation
was detected during a reference method stack test;
(p) Failing to perform testing or monitoring,
required by a permit, permit attachment, rule or order, that results in failure
to show compliance with a Plant Site Emission Limit or with an emission
limitation or a performance standard established under New Source
Review/Prevention of Significant Deterioration, National Emission Standards for
Hazardous Air Pollutants, New Source Performance Standards, Reasonably
Available Control Technology, Best Available Control Technology, Maximum
Achievable Control Technology, Typically Achievable Control Technology, Lowest
Achievable Emission Rate, Toxics Best Available Control Technology, Toxics
Lowest Achievable Emission Rate, or adopted under section 111(d) of the Federal
Clean Air Act;
(q) Causing
emissions that are a hazard to public safety;
(r) Violating a work practice requirement for
asbestos abatement projects;
(s)
Improperly storing or openly accumulating friable asbestos material or
asbestos-containing waste material;
(t) Conducting an asbestos abatement project,
by a person not licensed as an asbestos abatement contractor;
(u) Violating an OAR 340 division 248
disposal requirement for asbestos-containing waste material;
(v) Failing to hire a licensed contractor to
conduct an asbestos abatement project;
(w) Openly burning materials which are
prohibited from being open burned anywhere in the state by OAR
340-264-0060(3),
or burning materials in a solid fuel burning device, fireplace, trash burner or
other device as prohibited by OAR
340-262-0900(1);
(x) Failing to install certified vapor
recovery equipment;
(y) Delivering
for sale a noncompliant vehicle by a vehicle manufacturer in violation of
Oregon Low Emission and Zero Emission Vehicle rules set forth in OAR 340
division 257;
(z) Exceeding an
Oregon Low Emission Vehicle average emission limit set forth in OAR 340
division 257;
(aa) Failing to
comply with Zero Emission Vehicle (ZEV) sales requirements, or to meet credit
retirement and/or deficit requirements, under OAR 340 division 257;
(bb) Failing to obtain a Motor Vehicle
Indirect Source Permit as required in OAR 340 division 257;
(cc) Selling, leasing, or renting a
noncompliant vehicle by an automobile dealer or rental car agency in violation
of Oregon Low Emission Vehicle rules set forth in OAR 340 division
257;
(dd) Violating any of the
clean fuel standards set forth in OAR
340-253-0100(6)
and in Tables 1 and 2 of OAR
340-253-8010;
(ee) Committing any action related to a
credit transfer that is prohibited in OAR
340-253-1005(8);
(ff) Inaccurate reporting that causes
illegitimate credits to be generated in the Oregon Clean Fuels Program, OAR
chapter 340, division 253, or that understates a registered party's true
compliance obligation in deficits under such program;
(gg) Misstating material information or
providing false information when submitting an application for a carbon
intensity score under OAR
340-253-0450, OAR
340-253-0460, or OAR
340-253-0470, or when submitting
an application for advance credits under OAR
340-253-1100;
(hh) Failing to timely submit a complete and
accurate annual compliance report under OAR
340-253-0650;
(ii) Failing to timely submit a complete and
accurate emissions data report under OAR
340-215-0044 and OAR
340-215-0046;
(jj) Submitting a verification statement to
DEQ prepared by a person not approved by DEQ under OAR
340-272-0220 to perform
verification services;
(kk) Failing
to timely submit a verification statement that meets the verification
requirements under OAR
340-272-0100 and OAR
340-272-0495;
(ll) Failing to submit a revised application
or report to DEQ according to OAR
340-272-0435;
(mm) Failing to complete re-verification
according to OAR 340-272-0350(2);
(nn) Failing to timely submit a Methane
Generation Rate Report or Instantaneous Surface Monitoring Report according to
OAR 340-239-0100;
(oo) Failing to timely submit a Design Plan
or Amended Design Plan in accordance with OAR
340-239-0110(1);
(pp) Failing to timely install and operate a
landfill gas collection and control system according to OAR
340-239-0110(1);
(qq) Failing to operate a landfill gas
collection and control system or conduct performance testing of a landfill gas
control device according to the requirements in OAR
340-239-0110(2);
(rr) Failing to conduct landfill wellhead
sampling under OAR 340-239-0110(3);
(ss) Failing to comply with a landfill
compliance standard in OAR
340-239-0200;
(tt) Failing to conduct monitoring or
remonitoring in accordance with OAR
340-239-0600 that results in a
failure to demonstrate compliance with a landfill compliance standard in OAR
340-239-0200 or the 200 ppmv
threshold in OAR 340-239-0100(6)(b)
or OAR 340-239-0400(2)(c);
(uu) Failure to take corrective actions in
accordance with OAR 340-239-0600(1);
(vv) Failing to comply with a landfill gas
collection and control system permanent shutdown and removal requirement in OAR
340-239-0400(1);
(ww) Delivering for sale a new noncompliant
on highway heavy duty engine, truck or trailer in violation of rules set forth
under OAR 340 division 261;
(xx)
Failing to notify DEQ of changes in ownership or operational control or changes
to related entities under OAR 340-273-0120;
(yy) Owning or operating a covered entity,
identified in OAR 340-273-0110, after a submittal deadline under OAR
340-273-0150(1)(a) or OAR 340-273-0150(2)(a) without having submitted a
complete application for a Climate Protection Program permit required under OAR
340-273-0150;
(zz) Failing to
comply with a condition in a Climate Protection Program permit, issued
according to OAR 340-273-0150;
(aaa)
Failing to demonstrate compliance according to OAR 340-273-0450;
(bbb) Failing to comply with the requirements
for trading of compliance instruments under OAR 340-273-0500 or
340-273-0510;
(ccc) Submitting
false or inaccurate information on any application or submittal required under
OAR chapter 340, division 273;
(ddd) Failing to register as a regulated
party in the Oregon Clean Fuels Program under OAR
340-253-0100(1) and
(4); or
(eee) Failing by a fuel producer to inform
DEQ if its operational carbon intensity exceeds its certified carbon intensity
as described in OAR 340-253-0450(9)(e)(D)
when credits generated from those certified carbon intensity values generated
illegitimate credits as described in OAR
340-253-1005(7)..
(2)
Class II:
(a) Constructing or operating a source
required to have an Air Contaminant Discharge Permit (ACDP), ACDP attachment,
or registration without first obtaining such permit or registration, unless
otherwise classified;
(b) Violating
the terms or conditions of a permit, permit attachment or license, unless
otherwise classified;
(c) Modifying
a source in such a way as to require a permit or permit attachment modification
from DEQ without first obtaining such approval from DEQ, unless otherwise
classified;
(d) Exceeding an
opacity limit, unless otherwise classified;
(e) Exceeding a Volatile Organic Compound
(VOC) emission standard, operational requirement, control requirement or VOC
content limitation established by OAR 340 division 232;
(f) Failing to timely submit a complete ACDP
annual report or permit attachment annual report;
(g) Failing to timely submit a certification,
report, or plan as required by rule, permit or permit attachment, unless
otherwise classified;
(h) Failing
to timely submit a complete permit application, ACDP attachment application, or
permit renewal application;
(i)
Failing to submit a timely and complete toxic air contaminant emissions
inventory as required under OAR
340-245-0005 through
340-245-8050;
(j) Failing to comply with the open burning
requirements for commercial, construction, demolition, or industrial wastes in
violation of OAR 340-264-0080 through
0180;
(k) Failing to comply with
open burning requirements in violation of any provision of OAR 340 division
264, unless otherwise classified; or burning materials in a solid fuel burning
device, fireplace, trash burner or other device as prohibited by OAR
340-262-0900(2).
(l) Failing to replace, repair, or modify any
worn or ineffective component or design element to ensure the vapor tight
integrity and efficiency of a stage I or stage II vapor collection
system;
(m) Failing to provide
timely, accurate or complete notification of an asbestos abatement
project;
(n) Failing to perform a
final air clearance test or submit an asbestos abatement project air clearance
report for an asbestos abatement project;
(o) Violating on road motor vehicle
refinishing rules contained in OAR
340-242-0620;
(p) Failing to comply with an Oregon Low
Emission Vehicle reporting, notification, or warranty requirement set forth in
OAR division 257;
(q) Failing to
receive Green-e certification for Renewable Energy Certificates used to
generate incremental credits when required by OAR
340-253-0470;
(r) Failing to register as an aggregator or
submit an aggregator designation form under OAR
340-253-0100(3) and
(4)(c);
(s) Failing to keep complete and accurate
records under OAR 340-253-0600;
(t) Failing to ensure that a registered party
has the exclusive right to the environmental attributes that it has claimed for
biomethane, biogas, or renewable electricity either directly as a fuel or
indirectly as a feedstock under OAR chapter 340, division 253 by either the
registered party, the fuel producer, and/or fuel pathway holder;
(u) Failing to timely submit a complete and
accurate quarterly report under OAR
340-253-0630;
(v) Violating any requirement under OAR
chapter 340, division 272, unless otherwise classified;
(w) Violating any requirement under OAR
chapter 340, division 239, unless otherwise classified;
(x) Failing to comply with the reporting
notification or warranty requirements for new engines, trucks, and trailers set
forth in OAR chapter 340, division 261;
(y) Violating any requirement under the
Climate Protection Program, OAR chapter 340, division 273, unless otherwise
classified;
(z) Failing to notify
DEQ of a change of ownership or control of a registered party under OAR chapter
340, division 253; or
(3)
Class III:
(a) Failing to
perform testing or monitoring required by a permit, rule or order where missing
data can be reconstructed to show compliance with standards, emission
limitations or underlying requirements;
(b) Constructing or operating a source
required to have a Basic Air Contaminant Discharge Permit without first
obtaining the permit;
(c) Modifying
a source in such a way as to require construction approval from DEQ without
first obtaining such approval from DEQ, unless otherwise classified;
(d) Failing to revise a notification of an
asbestos abatement project, when necessary, unless otherwise
classified;
(e) Submitting a late
air clearance report that demonstrates compliance with the standards for an
asbestos abatement project;
(f)
Licensing a noncompliant vehicle by an automobile dealer or rental car agency
in violation of Oregon Low Emission Vehicle rules set forth in OAR Chapter 340,
division 257;
(g) Making changes to
a submitted quarterly or annual report under OAR Chapter 340, division 253
without DEQ approval under OAR
340-253-0650(4);
or
(h) Failing to upload
transactions to a quarterly report by the 45-day deadline under OAR
340-253-0630.
Notes
Tables and Publications referenced are available from the agency.
Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.045
Statutes/Other Implemented: ORS 468.020 & 468A.025
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