OAR 340-245-0060
Toxic Emissions Units

(1) TEU Designation. An owner or operator must designate TEUs in the same manner as the owner or operator designated emissions units listed in a source’s operating or construction permit, if they are designated, unless the owner or operator requests a different designation in writing and DEQ approves that request in writing. The request for a new or a different TEU designation must be compatible with the following:
(a) TEUs may not be designated in such a way as to avoid the requirements of this division;
(b) An individual emissions-producing activity that exhausts through multiple stacks or openings must be designated as an individual TEU;
(c) Where multiple emissions-producing activities exhaust through a common opening, exhaust stack or emissions control device, each emissions producing activity may be considered a single TEU or may be considered separate TEUs; and
(d) The list of TEUs should not be limited to what is listed in a source’s operating permit but should include all processes and activities that emit toxic air contaminants.
(2) Aggregated TEUs.
(a) An owner or operator must designate the same TEUs as aggregated TEUs for all of the different types of risk: excess cancer risk, chronic noncancer risk and acute noncancer risk;
(b) After an owner or operator has designated the source’s aggregated TEUs in a modeling protocol or risk assessment work plan submitted in writing to DEQ, the owner or operator must request approval to change its designation; and
(c) An owner or operator may request approval to construct a new aggregated TEU or modify an existing aggregated TEU if the total risk from the aggregated TEUs, including the new or modified TEU, remains less than or equal to the Aggregate TEU Level.
(3) Exempt TEUs. A TEU is an exempt TEU if:
(a)(A) The TEU is listed in the definition of Categorically Insignificant Activity in OAR 340-200-0020 (General Air Quality Definitions), excluding subsection (a), of that definition, and except that a maintenance and repair shop that is defined as categorically insignificant under OAR 340-200-0020 (General Air Quality Definitions) will not be considered an exempt TEU if DEQ makes a finding that a particular maintenance and repair shop emits an amount of toxic air contaminants that may create a risk to human health; or
(B) The owner or operator of the TEU has demonstrated to DEQ’s satisfaction that the TEU is not likely to emit toxic air contaminants in more than trace amounts. The demonstration may include any information the owner or operator considers relevant, including but not limited to:
(i) The chemical make-up of the materials handled or processed in the TEU; the type of handling or processing in the TEU, including whether or not the handling or processing is likely to alter the chemical make-up of the materials; and the chemical make-up or likely chemical make-up of the materials emitted by the TEU; and
(ii) Any toxic air contaminant present in materials emitted are only trace contaminants that are not intentionally present in the materials handled, processed or produced in the TEU, and are present in such small amounts that they would typically not be listed in a Safety Data Sheet, product data sheet or equivalent document.
(4) New or modified TEU requirements.
(a) The owner or operator of a source that has not been notified in writing by DEQ that they are required to submit a risk assessment and that proposes to construct a new or modified TEU must comply with OAR 340-210-0205 (Notice of Construction and Approval of Plans: Applicability) through 340-210-0250 (Notice of Construction and Approval of Plans: Approval to Operate) before beginning construction of the new or modified TEU;
(b) The owner or operator of a source that has submitted a Toxic Air Contaminant Permit Addendum application but has not yet been issued a Toxic Air Contaminant Permit Addendum or an operating permit in compliance with this division and that proposes to construct a new or modified TEU must do the following before beginning construction of the new or modified TEU:
(A) Comply with OAR 340-210-0205 (Notice of Construction and Approval of Plans: Applicability) through 340-210-0250 (Notice of Construction and Approval of Plans: Approval to Operate); and
(B) Submit an updated Toxic Air Contaminant Permit Addendum application;
(c) The owner or operator of a source that has been issued a Toxic Air Contaminant Permit Addendum or an operating permit in compliance with this division must follow the applicable procedures in paragraphs (c)(A) through (C) and must pay to DEQ all applicable specific activity fees under OAR 340-216-8030 (Table 3 — Cleaner Air Oregon Specific Activity Fees) Table 3.
(A) New or modified exempt TEUs. If the proposed new or modified exempt TEU is subject to National Emission Standards for Hazardous Air Pollutants or New Source Performance Standards requirements, then the owner or operator must request approval of a new or modified exempt TEU under this rule and under OAR 340-210-0205 (Notice of Construction and Approval of Plans: Applicability) through 340-210-0250 (Notice of Construction and Approval of Plans: Approval to Operate);
(B) New or modified aggregated TEUs. The owner or operator must request approval of a new or modified TEU to be an aggregated TEU by demonstrating that the risk from the aggregated TEUs, including the new or modified TEU, will be less than or equal to the Aggregate TEU Level. The owner or operator may use any risk assessment procedure, Level 1 through Level 4, under OAR 340-245-0050 (Risk Assessment Procedures)(8) through (11) for the TEU. The owner or operator must receive DEQ approval of the modeling protocol and the risk assessment work plan under OAR 340-245-0210 (Modeling and Risk Assessment Work Plan Requirements) before performing the risk assessment, if applicable.
(i) If the owner or operator can demonstrate compliance using a Level 1 Risk Assessment in OAR 340-245-0050 (Risk Assessment Procedures)(8), the owner or operator may begin construction or modification of the TEU 10 days after DEQ receives the approval request or on the date that DEQ approves the proposed construction in writing, whichever is sooner, unless DEQ notifies the owner or operator in writing no later than 10 days after DEQ receives the request that the proposed construction or modification is not approvable as an aggregated TEU; or
(ii) If the owner or operator uses a Level 2, Level 3 or Level 4 Risk Assessment under OAR 340-245-0050 (Risk Assessment Procedures)(9) through 340-245-0050 (Risk Assessment Procedures)(11) to demonstrate that the new or modified TEU may be approved as an aggregated TEU, then the owner or operator may not begin construction of the new or modified aggregated TEU until DEQ has issued a Toxic Air Contaminant Permit Addendum or operating permit that approves the TEU;
(C) New or modified significant TEUs.
(i) The owner or operator must request approval of a new or modified significant TEU by submitting an application to modify its Toxic Air Contaminant Permit Addendum or operating permit that includes the following:
(I) Information necessary to assess the risk from the new or modified significant TEU using any risk assessment procedure, Level 1 through Level 4, under OAR 340-245-0050 (Risk Assessment Procedures)(8) through (11). The owner or operator may add the risk from the new or modified TEU to prior results from the latest risk assessment for the source rather than updating the entire risk assessment for the source. The owner or operator must receive DEQ approval of the modeling protocol and the risk assessment work plan under OAR 340-245-0210 (Modeling and Risk Assessment Work Plan Requirements) before performing the risk assessment, if applicable;
(II) Information necessary to verify that the new or modified significant TEU meets TLAER, if the source risk is greater than the TLAER Level for a new or reconstructed source, or meets TBACT, if the source risk is greater than the TBACT Level for an existing source;
(ii) The owner or operator of a proposed new or modified significant TEU may not begin construction of the new or modified significant TEU until DEQ has issued a Toxic Air Contaminant Permit Addendum or an operating permit that approves the TEU;
(iii) If a source that was previously determined to be an exempt source under OAR 340-245-0050 (Risk Assessment Procedures)(6) or a de minimis source under OAR 340-245-0050 (Risk Assessment Procedures)(7) will no longer be an exempt source or a de minimis after the new or modified significant TEU is constructed, the owner or operator must follow the procedures in this section and apply for a Toxic Air Contaminant Permit Addendum under OAR 340-245-0100 (Toxic Air Contaminant Permit Addenda). Such an owner or operator may not begin construction of the new or modified significant TEU until DEQ has issued a Toxic Air Contaminant Permit Addendum or an operating permit that approves the TEU; and
(iv) In conjunction with seeking authorization for the construction of a new or modified significant TEU, if the owner or operator makes simultaneous changes to existing TEUs other than the new or modified significant TEU for the purpose of reducing source risk, then the owner or operator may not begin operation of the new or modified significant TEU until DEQ has issued a Toxic Air Contaminant Permit Addendum or operating permit that approves all such changes to the other TEUs;
(d) DEQ will not approve an application for a Toxic Air Contaminant Permit Addendum required under this rule for a new or modified TEU if:
(A) The TEU does not comply with this rule; or
(B) The source does not comply with OAR 340-245-0050 (Risk Assessment Procedures), if required.

Source: Rule 340-245-0060 — Toxic Emissions Units, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-245-0060.

340‑245‑0005
Purpose and Overview 340‑245‑0010
Applicability and Jurisdiction 340‑245‑0020
Definitions 340‑245‑0022
Abbreviations and Acronyms 340‑245‑0030
Submittal and Payment Deadlines 340‑245‑0040
Emissions Inventory 340‑245‑0050
Risk Assessment Procedures 340‑245‑0060
Toxic Emissions Units 340‑245‑0100
Toxic Air Contaminant Permit Addenda 340‑245‑0110
Source Risk Limits 340‑245‑0120
Community Engagement 340‑245‑0130
Risk Reduction Plan Requirements 340‑245‑0140
Pollution Prevention 340‑245‑0150
Postponement of Risk Reduction 340‑245‑0200
Risk Estimates 340‑245‑0210
Modeling and Risk Assessment Work Plan Requirements 340‑245‑0220
TBACT and TLAER Procedures 340‑245‑0230
Toxic Air Contaminant Monitoring Requirements 340‑245‑0300
Toxicity Reference Values 340‑245‑0310
Process for Updating Lists of Regulated Toxic Air Contaminants and Their Risk-Based Concentrations 340‑245‑0320
Standards and Criteria for Noncancer Risk Action Levels for Existing Contamination Sources 340‑245‑0400
Cleaner Air Oregon Fees 340‑245‑8010
Table 1 - Risk Action Levels 340‑245‑8020
Table 2 - Toxic Air Contaminant Reporting List 340‑245‑8030
Table 3 - Toxicity Reference Values 340‑245‑8040
Table 4 - Risk-Based Concentrations 340‑245‑8050
Table 5 - Level 1 Risk Assessment Tool Dispersion Factors 340‑245‑9000
Colored Art Glass Manufacturing Facility Rules 340‑245‑9010
Colored Art Glass Manufacturing Facility Rules 340‑245‑9015
Colored Art Glass Manufacturing Facility Rules 340‑245‑9020
Colored Art Glass Manufacturing Facility Rules 340‑245‑9030
Colored Art Glass Manufacturing Facility Rules 340‑245‑9050
Colored Art Glass Manufacturing Facility Rules 340‑245‑9060
Colored Art Glass Manufacturing Facility Rules 340‑245‑9070
Colored Art Glass Manufacturing Facility Rules 340‑245‑9080
Colored Art Glass Manufacturing Facility Rules
Last Updated

Jun. 8, 2021

Rule 340-245-0060’s source at or​.us