OAR 340-246-0170
Local Air Toxics Emissions Reduction Planning

(1) DEQ will develop air toxics reduction plans for selected geographic areas with the advice of local advisory committees. The main role of a local advisory committee is to consider air toxics reduction options and to recommend a specific air toxics reduction plan for their geographic area. The Director will appoint a local air toxics advisory committee.
(a) Local advisory committees will generally be composed of a balanced representation of members from affected local government, local health departments, the public, small businesses (50 or fewer employees), larger businesses (if present in the area), and interest groups represented in the area.
(2) Local Advisory Committee Tasks.
(a) Within 18 months of their first meeting, the committee will evaluate options for reducing emissions of air toxics that exceed ambient benchmarks, and recommend a local air toxics reduction plan to DEQ.
(b) DEQ may grant an extension of time to the local committee if requested by the committee, if DEQ believes the extension is technically justified and the committee is making reasonable progress in developing a local air toxics reduction plan.
(c) If the committee is unable to recommend a local air toxics reduction plan to DEQ within 18 months, or the date of an extension, DEQ will formulate a plan for the area within six months.
(d) DEQ and the local advisory committee will seek local government support for the proposed local air toxics emissions reduction plan.
(e) The local advisory committee will evaluate the plan’s effectiveness as it is implemented and recommend changes to DEQ.
(f) At DEQ’s request, the local advisory committee will reconvene to implement contingency planning and recommend contingency measures as specified by OAR 340-246-0170 (Local Air Toxics Emissions Reduction Planning)(4)(l).
(g) If the committee is unable to recommend contingency measures within 18 months, DEQ will formulate contingency measures for the area within 6 months.
(3) Public Notice, Comment, Approval and Adoption by the Environmental Quality Commission. DEQ will provide an opportunity for public notice and comment on proposed local emissions reduction plans. After the public notice and comment process is complete, DEQ will present local air toxics reduction plans to the Commission for approval, including adoption of appropriate administrative rules. The Environmental Quality Commission may delegate the approval of plans that do not contain administrative rules to the Director of DEQ.
(4) Elements of an Air Toxics Reduction Plan:
(a) Local air toxics reduction plans must focus on the air toxic or air toxics measured or modeled above the ambient benchmarks.
(b) Local air toxics reduction plans must be based on sound data analysis. This includes developing enhanced emissions inventory information for the local area using source-specific information to the extent possible. This may also include enhanced modeling and monitoring to better characterize ambient concentrations. Plans also must rely on sound analysis of the effectiveness and cost of air toxics emissions reduction options. Where needed to fill specific information gaps, DEQ may require air toxics emissions reporting for specific sources or source categories within the geographic area on a case-by-case basis.
(c) The emissions reduction goals for individual air toxics are ambient benchmarks in local air toxics reduction plans.
(d) Local air toxics reduction plans must be designed to reduce air toxics emissions in a timely manner.
(A) When feasible, local air toxics reduction plans will be designed to reach levels that are equal to or below ambient benchmark concentrations. Plans will be designed to achieve emissions reductions within ten years, beginning at the date the Commission approves the plan. Local plans must provide for the timeliest reductions possible for each air toxic exceeding ambient benchmarks.
(B) Local air toxics reduction plans must include specific three-year milestones that DEQ and the local advisory committee will evaluate every three years, in coordination with DEQ’s air toxics emissions inventory update.
(e) Every three years, DEQ will assess the effectiveness of local plans and make recommendations for plan revision based on progress meeting milestones or new information. If DEQ finds lack of progress at year three, it will work with the local advisory committee to provide corrective measures. If DEQ finds lack of progress at year six and projects that ten-year goals in OAR 340-246-0170 (Local Air Toxics Emissions Reduction Planning)(4)(d)(A) will not be met, it will implement the contingency plan in 340-246-0170 (Local Air Toxics Emissions Reduction Planning)(4)(l). If at year nine DEQ projects that ten year goals in 340-246-0170 (Local Air Toxics Emissions Reduction Planning)(4)(d)(A) will not be met, it will work with the local advisory committee to propose and seek adoption of measures necessary to reach these goals.
(f) Local air toxics reduction plans must evaluate air toxics emissions from all types of sources, including point, area, and mobile sources. Plans must require emissions reductions from the most significant sources of air toxics. Mandatory emissions reduction strategies will be commensurate with source contributions, considering relative emissions, toxicity, technical feasibility, cost-effectiveness and equity.
(g) Local air toxics reduction plans must include strategies to reduce high concentrations of air toxics that are limited to smaller portions of a geographic area as well as pollutants causing public health risk throughout the area.
(h) Local air toxics reduction plans may include a variety of mandatory and voluntary approaches to reducing emissions of air toxics. Depending on the type of source, local air toxics reduction plans may include public education, pollution prevention alternatives, economic incentives and disincentives, technical assistance and regulatory requirements.
(i) DEQ will ensure the opportunity for public involvement during the plan development process. This includes involving those affected by the air toxics emissions and those affected by the proposals to reduce air toxics emissions. Proposed local air toxics reduction plans must be available for public hearing and comment.
(j) Local air toxics reduction plans must be coordinated with other local, state, and federal requirements to the extent possible. This includes considerations of any ozone or particulate control requirements for the area, any federal standard applicable to sources in the area, any strategies that are federally pre-empted, and any impacts on water or land, such as water pollution or hazardous waste.
(k) Local air toxics reduction plans will include specific recommendations for developing ongoing emissions inventory or ambient air monitoring to track local trends in air toxics.
(l) Local air toxics reduction plans must include a contingency plan that will be implemented if evaluation at year six shows that an area is not meeting milestones and will not achieve the ten year goals established under OAR 340-246-0170 (Local Air Toxics Emissions Reduction Planning)(4)(d)(A). The contingency plan, like the original plan, must require emissions reductions from the most significant sources of air toxics. Mandatory emissions reduction strategies will be commensurate with source contributions, considering relative emissions, toxicity, technical feasibility cost-effectiveness and equity. Contingency plans must include but are not limited to:
(i) Re-evaluation of planning assumptions, such as emissions factors, motor vehicle data and background pollutants;
(ii) Evaluation of existing conditions and effectiveness of emissions reduction strategies, including reasons for success or failure; and
(iii) New or progressively more mandatory strategies that will be considered.

Source: Rule 340-246-0170 — Local Air Toxics Emissions Reduction Planning, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-246-0170.

Last Updated

Jun. 8, 2021

Rule 340-246-0170’s source at or​.us