OAR 340-245-0310
Process for Updating Lists of Regulated Toxic Air Contaminants and Their Risk-Based Concentrations

(1) Purpose.
(a) As risk assessment and toxicological sciences advance, it is important to have rules for Cleaner Air Oregon that allow for air quality regulation to continue to reflect the latest practices and science. The list of toxic air contaminants that are regulated and their RBCs represent one area where regulations will need regular updating to accommodate advancing science and practices;
(b) These rules include two lists of toxic air contaminants:
(A) OAR 340-245-8020 (Table 2 - Toxic Air Contaminant Reporting List) Table 2 contains toxic air contaminants that are for emissions reporting. The primary purpose of OAR 340-245-8020 (Table 2 - Toxic Air Contaminant Reporting List) Table 2 is to inform prioritization of RBC development and maintain a current and broad understanding of statewide toxic air contaminant emissions as industries and industrial practices change over time. The toxic air contaminants listed OAR 340-245-8020 (Table 2 - Toxic Air Contaminant Reporting List) Table 2 must be addressed in the uncertainty evaluation in a Level 3 or Level 4 Risk Assessment for the toxic air contaminants in OAR 340-245-8020 (Table 2 - Toxic Air Contaminant Reporting List) Table 2 that do not have RBCs; and
(B) OAR 340-245-8030 (Table 3 - Toxicity Reference Values) Table 3 contains toxic air contaminants for which TRVs are readily available and OAR 340-245-8040 (Table 4 - Risk-Based Concentrations) Table 4 contains RBCs for regulation as part of air permitting. The purpose of OAR 340-245-8030 (Table 3 - Toxicity Reference Values) Table 3 and OAR 340-245-8040 (Table 4 - Risk-Based Concentrations) Table 4 is to ensure that impacts to public health from industrial air emissions are minimized.
(2) OAR 340-245-8020 (Table 2 - Toxic Air Contaminant Reporting List) Table 2, Toxic Air Contaminant Reporting List.
(a) The Toxic Air Contaminant Reporting List is comprised of California Air Resources Board’s Toxic Air Contaminant Identification List Appendix A-1, Washington’s Table of ASIL, SQER and de minimis emission values, Oregon’s Toxics Focus list, and EPA’s Hazardous Air Pollutants list;
(b) Every three years starting from November 16, 2018, DEQ, in consultation with OHA, will review the four lists in subsection (a) for changes and may propose to update the Toxic Air Contaminant Reporting List in OAR 340-245-8020 (Table 2 - Toxic Air Contaminant Reporting List) Table 2 to capture changes in any of those four lists over the intervening three years;
(c) During the reviews of the Toxic Air Contaminant Reporting List, DEQ may also propose to add or remove toxic air contaminants based on information gathered from past reporting, industry types in Oregon that are not in California or Washington, or OHA’s and DEQ’s knowledge of toxic air contaminants that may be of potential public health concern in Oregon; and
(d) Owners or operators of sources must report emissions of any newly listed toxic air contaminant during the next periodic state-wide emissions inventory required in OAR 340-245-0040 (Emissions Inventory) following the new listing, or earlier upon request by DEQ.
(3) OAR 340-245-8030 (Table 3 - Toxicity Reference Values) Table 3, Toxicity Reference Values and OAR 340-245-8040 (Table 4 - Risk-Based Concentrations) Table 4, Risk-Based Concentrations.
(a) The list of Risk-Based Concentrations is comprised of all toxic air contaminants from the Toxic Air Contaminants Reporting List for which OHA and DEQ were able to establish RBCs;
(b) Every three years starting from November 16, 2018, or as necessary, DEQ, in consultation with OHA, will review the toxic air contaminants and Toxicity Reference Values published by the authoritative sources listed in OAR 340-245-0300 (Toxicity Reference Values) for changes over the intervening three years. DEQ will propose to:
(A) Revise Toxicity Reference Values and associated Risk-Based Concentrations for toxic air contaminants listed in OAR 340-245-8030 (Table 3 - Toxicity Reference Values) Table 3 and OAR 340-245-8040 (Table 4 - Risk-Based Concentrations) Table 4, as applicable, if Toxicity Reference Values have been revised by authoritative sources listed in OAR 340-245-0300 (Toxicity Reference Values);

(B)

Add toxic air contaminants to OAR 340-245-8030 (Table 3 - Toxicity Reference Values) Table 3 and 340-245-8040 (Table 4 - Risk-Based Concentrations) Table 4, as applicable, if Toxicity Reference Values have been generated by authoritative sources listed in OAR 340-245-0300 (Toxicity Reference Values) for toxic air contaminants on the Toxic Air Contaminant Reporting List in OAR 340-245-8020 (Table 2 - Toxic Air Contaminant Reporting List) Table 2 from which RBCs can be set; or
(C) Remove or revise toxic air contaminants from OAR 340-245-8030 (Table 3 - Toxicity Reference Values) Table 3 and 340-245-8040 (Table 4 - Risk-Based Concentrations) Table 4, as applicable, if some or all authoritative sources listed in OAR 340-245-0300 (Toxicity Reference Values) have rescinded Toxicity Reference Values for that toxic air contaminant without providing a replacement;

(c)

DEQ will propose updates to OAR 340-245-8030 (Table 3 - Toxicity Reference Values) Table 3 and 340-245-8040 (Table 4 - Risk-Based Concentrations) Table 4, as applicable, through the rulemaking process.
(4) Interested parties may submit petitions to DEQ to update the lists of regulated toxic air contaminants to add or remove toxic air contaminants from OAR 340-245-8020 (Table 2 - Toxic Air Contaminant Reporting List) Table 2, revise a TRV in OAR 340-245-98030 Table 3, or revise an RBC in OAR 340-245-8040 (Table 4 - Risk-Based Concentrations) Table 4.
(a) All petitions must be made in writing and must be received by DEQ at least 18 months before the applicable triennial review described in section (2) or (3);
(b) A request to add a toxic air contaminant to the Toxic Air Contaminant Reporting List in OAR 340-0245-8020 Table 2 must include evidence that:
(A) The chemical is emitted in the state of Oregon at a rate of at least 1 pound per year; and
(B) The chemical is toxic;
(c) A request to remove a toxic air contaminant from the Toxic Air Contaminant Reporting List in OAR 340-245-8020 (Table 2 - Toxic Air Contaminant Reporting List) Table 2, the TRV list in OAR 340-245-8030 (Table 3 - Toxicity Reference Values) Table 3, or the RBC list in OAR 340-245-8040 (Table 4 - Risk-Based Concentrations) Table 4 must demonstrate that all authoritative sources listed in OAR 340-245-0300 (Toxicity Reference Values) either do not have or have rescinded Toxicity Reference Values for that toxic air contaminant without providing a replacement;
(d)(A) A request to revise a Toxicity Reference Value in OAR 340-245-8030 (Table 3 - Toxicity Reference Values) Table 3 or an RBC in OAR 340-245-8040 (Table 4 - Risk-Based Concentrations) Table 4 must include either:
(i) Inhalation Toxicity Reference Values established by a federal agency or by another state; or
(ii) Publicly available and peer-reviewed toxicity information for the toxic air contaminant that demonstrates a quantitative dose-response relationship in human or animal studies from which Toxicity Reference Values could be calculated;
(B) If the request applies to a toxic air contaminant for which toxicity information is available from one or more of the authoritative sources listed in OAR 340-245-0300 (Toxicity Reference Values), then only petitions to select a Toxicity Reference Value from one of those authoritative sources will be considered; and
(C) If a toxic air contaminant being requested for review has no available toxicity information as described in paragraph (A) and is emitted at a rate of at least one pound per year in the state of Oregon, then DEQ will put the toxic air contaminant on a formal “Wait List”, to be held there until toxicity information for that toxic air contaminant becomes available;
(e) If DEQ, after consultation with OHA, determines that revisions are warranted as a result of a petition, DEQ will propose revisions to TRVs or RBCs or additions or removals of toxic air contaminants to the Toxic Air Contaminant Reporting List in OAR 340-245-8020 (Table 2 - Toxic Air Contaminant Reporting List) Table 2, the TRV list in OAR 340-245-8030 (Table 3 - Toxicity Reference Values) Table 3 or the RBC list in OAR 340-245-8040 (Table 4 - Risk-Based Concentrations) Table 4 through the rulemaking process; and
(f) If DEQ receives a request to revise a TRV or RBC or add or remove a toxic air contaminant from the Toxic Air Contaminant Reporting List in OAR 340-245-8020 (Table 2 - Toxic Air Contaminant Reporting List) Table 2, the TRV list in OAR 340-245-8030 (Table 3 - Toxicity Reference Values) Table 3 or the RBC list in OAR 340-245-8040 (Table 4 - Risk-Based Concentrations) Table 4 and the request is received less than 18 months before the applicable triennial review described in section (2) or (3), the request will be reviewed during the triennial review in section (3).

Source: Rule 340-245-0310 — Process for Updating Lists of Regulated Toxic Air Contaminants and Their Risk-Based Concentrations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-245-0310.

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 340-245-0310’s source at or​.us