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

Current through Register Vol. 63, No. 7, July 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).