violation and is not a continuing violation. As persuasively explained in New York v. Niagara Mohawk, 263 F.Supp.2d at 661: A given construction or modification project occurs only once. If a permit is not obtained for that particular project, then the preconstruction permit requirement of the Clean Air Act has been violated. However, the requirement to secure a preconstruction permit applies prior to construction or modification. Once the construction or modification is complete, the window in which to apply for and obtain a preconstruction permit is gone. Thus, a violation of the Clean Air Act’s preconstruction permit requirement is singular in nature, and does not constitute an ongoing violation. See also Sierra Club v. Portland Gen. Elec. Co., 663 F.Supp.2d 983, 991-92 (D.Or.2009) (<HOLDING>); United States v. Illinois Power Co., 245
holding  3582 proceeding is criminal in nature and tenday appeal period applies and collecting cases recognizing distinction made by majority recognizing the majority rule recognizing rule recognizing majority rule and collecting cases