Enforcement Action Summary Reports

Quarterly Reports:

Year 2011:

Fourth Quarter

Third Quarter

Second Quarter

First Quarter

Air Pollution Control Division

Stationary Sources Program
Field Services Unit

Enforcement Reports

This page provides access to summary reports of enforcement actions undertaken by the Field Services Unit of the Stationary Sources Program of the Air Pollution Control Division .

The reports summarize enforcement actions for each quarter for violations of Air Quality Control Regulations , by sources operating in Colorado. Other violations may have been settled through the use of compliance assistance and/or enforcement discretion. The report does not include enforcement actions taken by the Division for violations of asbestos, chlorofluorocarbons, lead based paint, or mobile sources regulations.

The legend below explains the codes used in the reports.

The cases with the following codes/dates are resolved. The violations have been corrected and proper procedures are in effect to protect air quality and public health.
 

Code	Description	Code	Description
AS	Settlement Agreement	INFF	Inspection – Full Compliance Evaluation/Off-Site
CA	Compliance Advisory	INFS	Inspection – Full Compliance Evaluation/On-Site
COC	State Consent Agreement Issued	INPS	Inspection – Partial Compliance Evaluation/On-Site
COMM	Comment (Not included in report)	INPX	Inspection – Partial Compliance Evaluation/Off-Site
DEFP	Deferred Penalty	NCP	Non-Compliance Penalty
EF64	State Day Zero – HPV	NOV	Notice of Violation Issued by State
EFNH	State Day Zero – Non HPV	NOVC	NOV Conference
EFV2	Violation Resolved	SEP	Supplemental Environmental Project
EFV4	Source Returned to Compliance by State w/No Further Action Required	ST3A	State Stack Test Observed/Reviewed
ENBF	Annual Back Fee Assessment	WL	Warning Letter
HPV	High Priority Violator

Information Categories

The categories listed include the county that the source was operating in, the EPA AIRS identification number, the source name, abbreviations, dates of actions taken against the source, a brief description of the violation, a description of any Supplemental Environmental Project (SEP) undertaken by the source, and the SEP value.

Definitions

The following definitions/explanations and links to other web sites are given to help understand the report.

AIRS ID - Aerometric Information Retrieval System Identification. The AIRS identification is a unique number identifying a source. It is composed of a unique state and county number and a number for the source. This number is used to access the AIRS database and to otherwise track information about the source.

CA - Compliance Advisory. The compliance advisory is a less formal enforcement action used when violations are less serious and/or to expedite the source's return to  compliance. It is a form letter explaining the violation(s) and gives a date by which a source must respond. For more information see the Compliance Assurance and Mutual Settlement Agreement Program Procedures and Guidelines Handbook , (Under Revision, Not Currently Available).

NOV - Notice of Violation. The notice of violation is a formal violation notice stating the alleged violation and setting a conference date for the source operators to appear and discuss the violation. For more information, see section 25-7-115 , (1)-(3) of the Colorado Revised Statutes.

WL - Warning Letter. The warning letter is a written letter warning source of noncompliance and possible enforcement action if violation continues. It is generally used for less serious offenses.

CO - Compliance Order. The compliance order is an official order by the Air Pollution Control Division ordering the source to comply with the specific regulatory/permit requirements a source has violated. The order is issued after an NOV has been issued and a conference held. The order may include any or all of the following: 1.) a requirement to pay assessed civil penalties; 2.) a requirement to pay assessed non-compliance penalties or to calculate non-compliance penalties and submit calculation to division for approval; 3.) a supplemental environmental project to be implemented by the source; and/or 4.) other requirements that source must comply with.

COC - Compliance Order on Consent. The term compliance order on consent means the settlement agreement or express terms, mutually agreed upon in writing, between the recipient of an informal notice of noncompliance or NOV and the Air Pollution Control Division, resolving the consequences of the discovered noncompliance. A Compliance Order on Consent may also resolve contested matters in a final compliance order issued by the division.

CP - Civil Penalty. A civil penalty is the penalty assessed by the air division for the violation cited. It is calculated using factors and circumstances spelled out in the statue. See section 25-7-122 of the Colorado Revised Statutes . The division uses a policy to help determine the appropriate civil penalty.

NCP - Noncompliance Penalty. This penalty is assessed pursuant to section 25-7-115(5) of the Colorado Revised Statutes to ensure a source does not reap the economic benefit of noncompliance with a federal requirement, as required under 42 U.S.C. section 7420. The air division relies on the statue and the division's penalty policy to determine sources subject to this requirement.

SEP - The acronym SEP means supplemental environmental project, an environmentally beneficial expenditure or activity undertaken by a source to mitigate some or all of a civil penalty in accordance with the guidelines of the handbook listed below.

The Division is revising a Compliance Assurance and Mutual Settlement Agreement Program Procedures and Guidelines Handbook which explains in more detail much of the above information and how the overall enforcement program works. It will be posted here for download when the revision is complete.

For further information about the field services enforcement actions/program the following people can be contacted.

Arch Crouse - (303) 692-3156
e-mail: comments.apcd@state.co.us

Stationary Source Home Page I Air Pollution Control Division Home Page

Suggestions and comments regarding the Air Quality Control Division can be forwarded to comments.apcd@state.co.us