OAR 340-245-0130
Risk Reduction Plan Requirements

(1) A Risk Reduction Plan for an existing source must do the following within the specified period of time, as applicable:
(a) Reduce risk to less than or equal to the TBACT Level;
(b) Require the owner or operator to meet TBACT on all significant TEUs;
(c) Reduce risk to less than or equal to the Risk Reduction Level; or
(d) Reduce risk to less than or equal to the Community Engagement Level if the owner or operator voluntarily agrees to do so.
(2) Risk Reduction Plan Requirements. The owner or operator that is requesting approval of a Risk Reduction Plan must submit to DEQ the following:
(a) Two air contaminant emissions inventories:
(A) The emissions inventory for the source submitted under OAR 340-245-0040 (Emissions Inventory)(1) before implementation of the proposed Risk Reduction Plan measures; and
(B) A projected emissions inventory for the source submitted under OAR 340-245-0040 (Emissions Inventory)(1) and OAR 340-245-0040 (Emissions Inventory)(3)(b)(B)(ii)(I) after implementation of the proposed Risk Reduction Plan measures;
(b) The results of a risk assessment performed under OAR 340-245-0050 (Risk Assessment Procedures)(10) or (11) including the risk calculations before and after full implementation of the Risk Reduction Plan using the emissions inventories required in subsection (a);
(c) An analysis of pollution prevention measures under OAR 340-245-0140 (Pollution Prevention), and a description of those measures that the owner or operator has undertaken and included as part of its Toxic Air Contaminant Permit Addendum application;
(d) Identification of each TEU for which an action will be taken to reduce risk, how the risk will be reduced, and for TEUs that are required to meet TBACT:
(A) A demonstration that all significant TEUs at the source meet TBACT under OAR 340-245-0220 (TBACT and TLAER Procedures); and
(B) The TBACT analysis under OAR 340-245-0220 (TBACT and TLAER Procedures) that demonstrates that all significant TEUs at the source will meet TBACT when the plan is fully implemented;
(e) A schedule for implementing the proposed Risk Reduction Plan measures within the time frames allowed under section (4), if not sooner. The schedule must specify:
(A) The dates by which the source will implement the proposed Risk Reduction Plan measures;
(B) The dates for submittal of periodic reports showing progress toward completion of the proposed Risk Reduction Plan measures. Progress reports should include achievement of significant milestones, including but not limited to dates of equipment delivery and construction progress; and
(C) The dates for submittal of applications for permits to construct or modify, which must be no later than 90 days after DEQ approval of the Risk Reduction Plan, or other time period approved by DEQ;
(f) The proposed Source Risk Limits.
(3) The owner or operator may request a postponement of risk reduction under OAR 340-245-0150 (Postponement of Risk Reduction).
(4) Risk Reduction Plan implementation deadlines.
(a) Chronic risk. The owner or operator of a source that has either or both an excess cancer or chronic noncancer source risk that is greater than the TBACT Level must implement the Risk Reduction Plan within two years from the effective date of the Toxic Air Contaminant Permit Addendum or the operating permit with conditions in compliance with this division, or at an earlier time as required by DEQ in such addendum or operating permit;
(A) Except as provided in paragraph (B), the owner or operator may apply for a permit modification as specified under OAR 340-245-0100 (Toxic Air Contaminant Permit Addenda)(8) to request additional time to implement risk reductions measures. If the owner or operator, in such application, shows good cause for the modification based on unreasonable hardship to the source, then DEQ may allow the owner or operator:
(i) Not more than two additional years beyond the initial two years to implement the required risk reduction measures and achieve required risk reductions if the initial excess cancer or chronic noncancer source risk is greater than the TBACT Level but less than the Risk Reduction Level; or
(ii) Not more than three additional years beyond the initial two years to implement the required risk reduction measures and achieve required risk reductions if the initial excess cancer or chronic noncancer source risk is greater than the Risk Reduction Level;
(B) DEQ may not grant a request under paragraph (A) to an owner or operator that has previously received approval for a postponement of risk reduction under OAR 340-245-0150 (Postponement of Risk Reduction);
(b) Acute risk. The owner or operator of a source that has acute risk that is greater than the TBACT Level must implement the Risk Reduction Plan on the following timeline:
(A) Within one month from the effective date of the Toxic Air Contaminant Permit Addendum or the operating permit with conditions in compliance with this division; or
(B) If the owner or operator requests additional time in its Toxic Air Contaminant Permit Addendum application and shows good cause based on unreasonable hardship to the source and an evaluation of health factors, including but not limited to severity of acute health effect, degree of scientific certainty, and averaging time of the acute TRV used to develop the RBC, then DEQ may allow the owner or operator up to and not more than 12 months to implement the Risk Reduction Plan.
(5) Reporting Requirements.
(a) The owner or operator of a source that has been issued a Toxic Air Contaminant Permit Addendum or operating permit that includes a Risk Reduction Plan must submit twice-annual progress reports to DEQ describing the source’s progress in reducing toxic air contaminant emissions and risk by implementing the Risk Reduction Plan. The progress reports are due to DEQ on or before February 15 and July 31 of each year that the Risk Reduction Plan is in effect, or other dates specified in the Toxic Air Contaminant Permit Addendum or operating permit. The progress reports must include all information required by the Toxic Air Contaminant Permit Addendum or operating permit, including but not limited to:
(A) The increments of progress achieved in implementing the risk reduction measures specified in the Risk Reduction Plan;
(B) A schedule indicating dates for future increments of progress;
(C) A description of any increases or decreases in emissions of toxic air contaminants that have occurred at the source since approval of the Risk Reduction Plan; and
(D) An estimate of when all Risk Reduction Plan elements will be completed;
(b) The owner or operator must submit a Risk Reduction Plan completion report to DEQ no later than 60 days after completing all Risk Reduction Plan requirements. The report must include:
(A) The final increments of progress achieved in fully implementing the risk reduction measures specified in the Risk Reduction Plan and the date the final increments of progress were achieved;
(B) A summary of the actions taken to implement the Risk Reduction Plan;
(C) The results of the demonstration of the effectiveness of the Risk Reduction Plan measures, including verification of the modeling parameters for all of the TEUs for which risk was reduced; and
(D) The remaining source risk after completion of all risk reduction measures.
(6) Voluntary Risk Reductions. DEQ will not conduct community engagement public meetings, as described in OAR 340-245-0120 (Community Engagement)(3), for the owner or operator of an existing source whose risk is less than the TBACT Level and that agrees to voluntarily reduce risk to below the Community Engagement Level.
(a) Voluntary Risk Reduction Plan. An owner or operator must submit for approval a Voluntary Risk Reduction Plan that follows the requirements and procedures in this rule for submittal of a Risk Reduction Plan to reduce risk to below the Community Engagement Level;
(b) The owner or operator must fully implement the Voluntary Risk Reduction Plan within two years from the effective date of the Toxic Air Contaminant Permit Addendum, or at an earlier time as required by DEQ. If additional time is needed to implement the risk reduction measures, the owner or operator must apply for a permit modification as specified under OAR 340-245-0100 (Toxic Air Contaminant Permit Addenda)(8);
(c) DEQ may allow the owner or operator not more than two additional years beyond the initial two years to implement the required risk reduction measures and achieve the voluntary risk reductions; and
(d) If the owner or operator does not implement the Voluntary Risk Reduction Plan within the approved time, DEQ shall initiate the community engagement requirements under OAR 340-245-0120 (Community Engagement).

Source: Rule 340-245-0130 — Risk Reduction Plan Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-245-0130.

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 340-245-0130’s source at or​.us