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Enforcement Action Reports

Quarterly enforcement reports of violations are listed at the bottom of this page.

 

Other violations may have been settled through the use of compliance assistance and/or enforcement discretion. The reports do not include enforcement actions taken by the Air Pollution Control Division for violations of asbestos, chlorofluorocarbons, lead based paint, or mobile sources regulations.

 

The categories in the reports 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. 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 Aerometric Information Retrieval System (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 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

 

 

 

 

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.

 

Quarterly Reports:

 

Year 2014:

 

Year 2013:

 

Year 2012:

For further information about the field services enforcement actions/program, please contact:

  • Arch Crouse
    • (303) 692-3156
  • Shannon McMillan 
    • (303) 692-3259

 

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