Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES
Section 340-012-0054 - Air Quality Classification of Violations
Universal Citation: OR Admin Rules 340-012-0054
Current through Register Vol. 63, No. 3, March 1, 2024
(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
340-271-0120;
(yy) Owning or
operating a covered entity, identified in OAR 340-271-0110, after a submittal
deadline under OAR 340-271-0150(1)(a) or OAR 340-271-0330(1)(b) without having
submitted a complete application for a Climate Protection Program permit or
Climate Protection Program permit addendum required under OAR
340-271-0150;
(zz) Emitting covered
emissions from a covered entity, as identified in OAR 340-271-0110, that is a
new source, as defined in OAR 340-271-0020, without having been issued a BAER
order under OAR 340-271-0320 and a permit issued under OAR
340-271-0150(3)(c);
(aaa) Failing
to submit a BAER assessment, updated BAER assessment, or a 5-year BAER report
according to OAR 340-271-0310;
(bbb) Failing to comply with a BAER order
issued under OAR 340-271-0320.
(ccc) Failing to comply with a condition in a
permit, Climate Protection Program permit, or Climate Protection Program permit
addendum issued according to OAR 340-271-0150 that requires the reduction of
greenhouse gas emissions;
(ddd)
Failing to demonstrate compliance according to OAR 340-271-0450;
(eee) Failing to comply with the requirements
for trading of compliance instruments under OAR 340-271-0500 or
340-271-0510;
(fff) Submitting
false or inaccurate information on any application or submittal required under
OAR chapter 340, division 271;
(ggg) Failing to register as a regulated
party in the Oregon Clean Fuels Program under OAR 340-253-0100(1) and (4);
or
(hhh) 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 271, unless otherwise
classified;
(z) Violating any
condition in a permit, Climate Protection Program permit, or Climate Protection
Program permit addendum issued according to OAR 340-271-0150, unless otherwise
classified;
(aa) 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.
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
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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