OAR 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 (Definitions), without first obtaining a required Air Contaminant Discharge Permit that includes permit conditions required under OAR 340-245-0005 (Purpose and Overview) through 340-245-8050 (Table 5 - Level 1 Risk Assessment Tool Dispersion Factors) or without complying with Cleaner Air Oregon rules under OAR 340-245-0005 (Purpose and Overview) through 340-245-8050 (Table 5 - Level 1 Risk Assessment Tool Dispersion Factors);

(c)

Failing to conduct a source risk assessment, as required under OAR 340-245-0050 (Risk Assessment Procedures);

(d)

Modifying a source in such a way as to require a permit modification under OAR 340-245-0005 (Purpose and Overview) through 340-245-8050 (Table 5 - Level 1 Risk Assessment Tool Dispersion Factors), that would increase risk above permitted levels under OAR 340-245-0005 (Purpose and Overview) through 340-245-8050 (Table 5 - Level 1 Risk Assessment Tool Dispersion Factors) without first obtaining such approval from DEQ;

(e)

Operating a major source, as defined in OAR 340-200-0020 (General Air Quality Definitions), without first obtaining the required permit;

(f)

Operating an existing source, as defined in OAR 340-245-0020 (Definitions), after a submittal deadline under OAR 340-245-0030 (Submittal and Payment Deadlines) without having submitted a complete application for a Toxic Air Contaminant Permit Addendum required under OAR 340-245-0005 (Purpose and Overview) through 340-245-8050 (Table 5 - Level 1 Risk Assessment Tool Dispersion Factors);

(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 (Toxic Air Contaminant Permit Addenda);

(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 (General Air Quality Definitions);

(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 (Purpose and Overview) through 340-245-8050 (Table 5 - Level 1 Risk Assessment Tool Dispersion Factors);

(o)

Exceeding an emission limit, including a grain loading standard, by a major source, as defined in OAR 340-200-0020 (General Air Quality Definitions), 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 (General Prohibitions Statewide)(3), or burning materials in a solid fuel burning device, fireplace, trash burner or other device as prohibited by OAR 340-262-0900 (Materials Prohibited from Burning)(1);
(x)
Failing to install certified vapor recovery equipment;

(y)

Delivering for sale a noncompliant vehicle by an automobile manufacturer in violation of Oregon Low 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 set forth in 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)

Failing to comply with any of the clean fuel standards set forth in OAR 340-253-0100 (Oregon Clean Fuels Program Applicability and Requirements)(6) and Tables 1 and 2 of OAR 340-253-8010 (Tables);

(ee)

Committing any action related to a credit transfer that is prohibited in OAR 340-253-1005 (Transacting Credits)(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 regulated party’s true compliance obligation denominated in deficits under such program;

(gg)

Making misstatements about material information or knowingly or recklessly providing false information when submitting an application for a carbon intensity score under OAR 340-253-0450 (Obtaining a Carbon Intensity);

(hh)

Failing to timely submit a complete and accurate annual compliance report under OAR 340-253-0100 (Oregon Clean Fuels Program Applicability and Requirements)(8);
(ii)
Failing to timely submit a complete and accurate emissions data report under OAR 340-215-0044 (Emissions Data Reports) and OAR 340-215-0046 (Reporting Deadlines); (jj) Submitting a verification statement to DEQ prepared by a person not approved by DEQ under OAR 340-272-0220 (DEQ Review and Approval of Verification Bodies and Verifiers) to perform verification services;

(kk)

Failing to timely submit a verification statement that meets the verification requirements under OAR 340-272-0100 (General Requirements for Verification of Reports and Fuel Pathway Applications) and OAR 340-272-0495 (Independent Review and Completion of Verification Services);

(ll)

Failing to submit a revised application or report to DEQ according to OAR 340-272-0435 (Documentation of Differences and Modifications to Reports and Fuel Pathway Applications); or

(mm)

Failing to complete re-verification according to OAR 340-272-0350 (DEQ Review and Approval of Verification and Re-verification Requirements)(2).
(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 (Purpose and Overview) through 340-245-8050 (Table 5 - Level 1 Risk Assessment Tool Dispersion Factors);

(j)

Failing to comply with the open burning requirements for commercial, construction, demolition, or industrial wastes in violation of OAR 340-264-0080 (County Listing of Specific Open Burning Rules) 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 (Materials Prohibited from Burning)(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 (Motor Vehicle Refinishing: Requirements for Motor Vehicle Refinishing in Portland AQMA);

(p)

Failing to comply with an Oregon Low Emission Vehicle reporting, notification, or warranty requirement set forth in OAR division 257;

(q)

Failing to register as a regulated party in the Oregon Clean Fuels Program under OAR 340-253-0100 (Oregon Clean Fuels Program Applicability and Requirements)(1) and (4), when the person is a producer or importer of blendstocks, as defined in OAR 340-253-0040 (Definitions);

(r)

Failing to register as an aggregator or submit an aggregator designation form under OAR 340-253-0100 (Oregon Clean Fuels Program Applicability and Requirements)(3) and (4)(c);

(s)

Failing to keep records under OAR 340-253-0600 (Records) when the records relate to obtaining a carbon intensity under OAR 340-253-0450 (Obtaining a Carbon Intensity);

(t)

Failing to keep records related to obtaining a carbon intensity under OAR 340-253-0450 (Obtaining a Carbon Intensity);

(u)

Failing to timely submit a complete and accurate quarterly report under OAR 340-253-0100 (Oregon Clean Fuels Program Applicability and Requirements)(7); or
(v)
Violating any requirement under OAR Chapter 340 division 272, unless otherwise classified.

(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 340 division 257;

(g)

Failing to register as a regulated party in the Oregon Clean Fuels Program under OAR 340-253-0100 (Oregon Clean Fuels Program Applicability and Requirements)(1) and (4), when the person is an importer of finished fuels, as defined in OAR 340-253-0040 (Definitions); or

(h)

Failing to keep records under OAR 340-253-0600 (Records), except as provided in subsection (2)(s).
Note: Tables and Publications referenced are available from the agency.

Source: Rule 340-012-0054 — Air Quality Classification of Violations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-012-0054.

340‑012‑0026
Policy 340‑012‑0028
Scope of Applicability 340‑012‑0030
Definitions 340‑012‑0038
Warning Letters, Pre-Enforcement Notices, and Notices of Permit Violation 340‑012‑0041
Formal Enforcement Actions 340‑012‑0045
Civil Penalty Determination Procedure 340‑012‑0053
Classification of Violations that Apply to all Programs 340‑012‑0054
Air Quality Classification of Violations 340‑012‑0055
Water Quality Classification of Violations 340‑012‑0060
Onsite Sewage Disposal Classification of Violations 340‑012‑0065
Solid Waste Management Classification of Violations 340‑012‑0066
Solid Waste Tire Management Classification of Violations 340‑012‑0067
Underground Storage Tank (UST) Classification of Violations 340‑012‑0068
Hazardous Waste Management and Disposal Classification of Violations 340‑012‑0071
Polychlorinated Biphenyl (PCB) Classification of Violations 340‑012‑0072
Used Oil Management Classification of Violations 340‑012‑0073
Environmental Cleanup Classification of Violations 340‑012‑0074
Underground Storage Tank (UST) Cleanup Classification of Violations 340‑012‑0079
Heating Oil Tank (HOT) Classification of Violations 340‑012‑0081
Oil and Hazardous Material Spill and Release Classification of Violations 340‑012‑0082
Contingency Planning Classification of Violations 340‑012‑0083
Ballast Water Management Classification of Violations 340‑012‑0097
Dry Cleaning Classification of Violations 340‑012‑0130
Determination of Violation Magnitude 340‑012‑0135
Selected Magnitude Categories 340‑012‑0140
Determination of Base Penalty 340‑012‑0145
Determination of Aggravating or Mitigating Factors 340‑012‑0150
Determination of Economic Benefit 340‑012‑0155
Additional or Alternate Civil Penalties 340‑012‑0160
DEQ Discretion Regarding Penalty Assessment 340‑012‑0162
Inability to Pay the Penalty 340‑012‑0165
Stipulated Penalties 340‑012‑0170
Compromise or Settlement of Civil Penalty by DEQ
Last Updated

Jun. 8, 2021

Rule 340-012-0054’s source at or​.us