Oregon Administrative Code

340-245-0100 Toxic Air Contaminant Permit Addenda (1) Purpose and Intent. (a) A Toxic Air Contaminant Permit Addendum or conditions included in an operating permit to comply with this division are used to: (A) Authorize the owner or operator of a source to construct or modify TEU…

340-245-0110 Source Risk Limits (1) The purpose of a Source Risk Limit is to limit the chronic and acute risk from a source that emits toxic air contaminants. DEQ will establish Source Risk Limits based on the results of the risk assessment performed under OAR 340-245-0050. DEQ w…

340-245-0120 Community Engagement (1) The purpose of community engagement is to inform the community and provide a mechanism for input to DEQ’s work with sources that are called into the program. The requirements of this rule are intended to ensure that consideration of environme…

340-245-0130 Risk Reduction Requirements (1) A Risk Reduction Plan for an existing source must do the following within the specified period of time under OAR 340-245-0030, as applicable: (a) Reduce risk to less than or equal to the TBACT Level; (b) Require the owner or operator t…

340-245-0140 Pollution Prevention (1) The owner or operator of a source whose risk is greater than the TBACT Level, before any additional risk reduction measures are considered, is required to do an analysis of pollution prevention measures as provided in this rule. (2) The owner…

340-245-0150 Postponement of Risk Reduction (1) Postponement of risk reduction is only available for existing sources for excess cancer and noncancer chronic risk, and cannot be approved if risk is over the Immediate Curtailment Level. An owner or operator may request postponemen…

340-245-0200 Risk Estimates (1) When a risk assessment is required under this division, the risk assessment must consider the toxic air contaminants and the Risk-Based Concentrations listed in OAR 340-245-8010 Table 2 to assess excess cancer and noncancer risk. (2) Directions for…

340-245-0210 Modeling and Risk Assessment Work Plan Requirements The owner or operator of a source must follow the applicable procedures in this rule when required to perform a risk assessment under OAR 340-245-0050 or 340-245-0060. (1) Modeling Requirements. All modeled estimate…

340-245-0220 TBACT and TLAER Procedures (1) If required to meet TBACT or TLAER on any significant TEU, the owner or operator of a source must perform a TBACT or TLAER analysis. (a) The owner or operator of an existing source must conduct a case-by-case TBACT analysis under sectio…

340-245-0230 Toxic Air Contaminant Monitoring Requirements (1) An owner or operator of a source that chooses to perform toxic air contaminant monitoring under OAR 340-245-0050 must submit an application for a Toxic Air Contaminant Permit Addendum and a Toxic Air Contaminant Monit…

340-245-0310 Process for Updating Risk-Based Concentrations for Toxic Air Contaminants (1) Purpose. As risk assessment and toxicological sciences advance, it is important that health risk-based standards for air quality continue to reflect the latest practices and science. The li…

340-245-0320 Standards and Criteria for Noncancer Risk Action Levels for Existing Contamination Sources (1) The noncancer Risk Action Levels for existing sources are identified in OAR 340-245-8010, Table 1. (2) The toxic air contaminants for which an adjusted noncancer Risk Actio…

340-245-0400 Cleaner Air Oregon Fees (1) Any owner or operator that has been issued or applies for an Oregon Title V Operating Permit under OAR chapter 340, division 218 must submit the annual CAO base fees to DEQ as specified in OAR 340- 220-0050(4). (2) Any owner or operator th…

340-245-8010 Tables (1) Table 1 - Risk Action Levels (2) Table 2 - Risk-Based Concentrations (3) Table 3 - Level 1 Risk Assessment Dispersion Factors [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.] Statutory/Other Authority: ORS 468.020, ORS 468.…

340-245-9000 Colored Art Glass Manufacturing Facility Rules; Applicability and Jurisdiction Notwithstanding OAR chapter 340, division 246, OAR 340-245-9000 through 340-245-9080 apply to all facilities in the state of Oregon that: (1) Manufacture glass from raw materials, or a com…

340-245-9010 Colored Art Glass Manufacturing Facility Rules; Definitions The definitions in OAR 340-200-0020 and this rule apply to OAR 340-245-9000 through 9095. If the same term is defined in this rule and 340-200-0020, the definition in this rule applies to this division. (1) …

340-245-9015 Colored Art Glass Manufacturing Facility Rules; Compliance Extensions A Tier 1 CAGM may request, and DEQ may grant, one or more extensions, not to exceed a total of 12 months, to the compliance date for installation of emission control systems if the CAGM cannot meet…

340-245-9020 Colored Art Glass Manufacturing Facility Rules; Permit Required (1) Not later than December 1, 2016, if located within the Portland AQMA, and not later than April 1, 2017, if located outside the Portland AQMA, all CAGMs not otherwise subject to a permitting requireme…

340-245-9030 Colored Art Glass Manufacturing Facility Rules; Requirements That Apply To Tier 2 CAGMs (1) Tier 2 CAGMs located within the Portland AQMA may not use raw materials containing arsenic, cadmium, chromium, lead, manganese or nickel except in glassmaking furnaces that us…

340-245-9050 Colored Art Glass Manufacturing Facility Rules; Requirements That Apply To Tier 1 CAGMs (1) No later than October 1, 2016, if located within the Portland AQMA, and April 1, 2017, if located outside the Portland AQMA, each Tier 1 CAGM must comply with subsection (a) o…

340-245-9060 Colored Art Glass Manufacturing Facility Rules; Operating Restrictions That Apply To Tier 1 CAGMs (1) Tier 1 CAGMs may not use raw materials that contain chromium VI in any uncontrolled glassmaking furnace. (2) Tier 1 CAGMs are not restricted on the raw materials tha…

340-245-9070 Colored Art Glass Manufacturing Facility Rules; Emission Control Device Requirements (1) CAGMs must comply with the requirements in subsection (a) or (b), as applicable, for each emission control device used to comply with this rule. (a) Tier 1 CAGMs must comply with…

340-245-9080 Colored Art Glass Manufacturing Facility Rules; Emission Control Device Monitoring (1) Each Tier 1 CAGM must perform the following monitoring on each emission control device it uses to comply with this rule: (a) At least once each week, observe and record the inlet t…

340-246-0010 Policy and Purpose The purpose of Oregon's state Toxic Air Contaminant Program is to address threats to public health and the environment from toxic air pollutants that remain after implementing the state delegated technology-based strategies of the federal Hazardous…

340-246-0030 Definitions The definitions in OAR 340-200-0020, 340-218-0030, 340-244-0030, OAR 340-247-0020 and this rule apply to this division. If the same term is defined in this division and elsewhere, the definition in this division applies. (1) "Ambient benchmark concentrati…

340-246-0050 Pollution Prevention The Environmental Quality Commission encourages the use of pollution prevention for all sources of toxic air contaminants statewide. The Commission encourages use of the following hierarchy to reduce toxic air contaminants: (1) Modify the process…

340-246-0090 Ambient Benchmark Concentrations for Toxic Air Contaminants Purpose. Ambient benchmark concentrations are concentrations of toxic air contaminants that serve as goals in the Oregon Toxic Air Contaminants Program. They are based on human health risk and hazard levels …

340-246-0110 Source Category Rules and Strategies (1) DEQ may identify the need for source category rules and strategies through the following methods: (a) The emissions inventory, modeling or monitoring, shows toxic air contaminant emissions from point, area, or mobile sources a…

340-246-0130 Geographic Program (0130 through 0170) (1) Purpose. The Geographic Program addresses emissions from multiple sources of toxic air contaminants. It requires prioritizing and selecting geographic areas of concern, forming a local advisory committee, developing a specif…

340-246-0150 Prioritizing and Selecting Geographic Areas (1) DEQ will prioritize geographic areas by considering the total cancer and non-cancer risk from toxic air contaminants to the population in the area, as indicated by: (a) The number and degree of ambient benchmark concent…

340-246-0170 Local Toxic Air Contaminant Emissions Reduction Planning (1)(a) DEQ will develop toxic air contaminant reduction plans for selected geographic areas with the advice of local advisory committees. The main role of a local advisory committee is to consider toxic air con…

340-246-0190 Air Toxics Safety Net Program (0190 through 0230) Reserved for Safety Net Program. Statutory/Other Authority: ORS 468.035, 468A.010(1) & 468A.015 Statutes/Other Implemented: ORS 468A.015 & 468A.025 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DE…

340-246-0210 Air Toxics Safety Net Program (0190 through 0230) Reserved for Safety Net Program. Statutory/Other Authority: ORS 468.035, 468A.010(1) & 468A.015 Statutes/Other Implemented: ORS 468A.015 & 468A.025 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DE…

340-246-0230 Air Toxics Safety Net Program (0190 through 0230) Reserved for Safety Net Program. Statutory/Other Authority: ORS 468.020, 468A. 025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A.025, 468A.040 & 468A.310 History: DEQ 18-2021, amend filed 11/17/2021, effec…

340-247-0010 Purpose and Overview Purpose and Overview. Division 247 lists air contaminants that are a priority for investigation in Oregon (Table 1), lists health risk-based standards for toxic air contaminants in Oregon (Table 2) and establishes the process for setting and upda…

340-247-0020 Definitions The definitions in OAR 340-200-0020 and 340-245-0020 and this rule apply to this division. If the same term is defined in this division and elsewhere, the definition in this division applies. (1) “Toxic air contaminant” means an air pollutant that has bee…

340-247-0030 Toxicity Reference Values (1) This rule lists sources of toxicity information that the Oregon Health Authority (OHA) and the Department of Environmental Quality (DEQ) consider authoritative in terms of their scientific rigor and methods for producing toxicity informa…

340-247-0040 Process for Updating the Lists of Priority Toxic Air Contaminants and Toxicity Reference Values (1) Purpose. (a) As risk assessment and toxicological sciences advance, it is important that TRVs and priority toxic air contaminants continue to reflect the latest practi…

340-247-0050 Air Toxics Science Advisory Committee (1) Purpose. The Commission recognizes the many scientific uncertainties associated with the effects of toxic air contaminants, and the continuing development of new information in this field. An Air Toxics Science Advisory Commi…

340-247-8010 Tables (1) Table 1 – Priority Toxic Air Contaminant List (2) Table 2 - Toxicity Reference Values [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.] Statutory/Other Authority: ORS 468.020, ORS 468A.025 & ORS 468A.135 Statutes/Other Imple…

340-248-0005 Applicability OAR 340-248-0010 through 340-248-0280 apply to asbestos milling, manufacturing, fabricating, abatement, and disposal, or any situation where a potential for exposure to asbestos fibers exists. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.135 &…

340-248-0010 Definitions The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020, the definition in this rule applies to this division. (1) "Accredited inspector" means a person who has completed training…

340-248-0100 Licensing and Certification Requirements: Applicability OAR 340-248-0100 through 340-248-0180 provide the requirements, standards, and procedures for contractor licensing, worker and supervisor certification, and asbestos abatement trainer accreditation. These requir…

340-248-0110 Licensing and Certification Requirements: General Provisions (1) Except as provided under OAR 340-248-0250(1)(a) a person performing an asbestos abatement project must be a certified supervisor or worker under OAR 340-248-0130. A certified supervisor may work as a ce…

340-248-0120 Licensing and Certification Requirements: Contractor Licensing (1) A contractor must submit an application for a license on a DEQ-approved form and must include the following: (a) Documentation that the contractor, or the contractor's employee representative, is a ce…

340-248-0130 Licensing and Certification Requirements: Certification (1) Application for Certification -- General Requirements: (a) A person wishing to become a certified supervisor or relying on prior training, as provided in OAR 340-248-0160 must apply to DEQ, through the train…

340-248-0140 Licensing and Certification Requirements: Training Provider Accreditation (1) General: (a) A person may apply to become an Oregon accredited asbestos training provider under this division. (b) Only training providers DEQ accredits may offer training in Oregon to sati…

340-248-0150 Licensing and Certification Requirements: General Training Standards (1) The training provider must limit each class to a maximum of 25 participants unless DEQ grants an exception in writing. The student to instructor ratio for hands-on training must be equal to or l…

340-248-0160 Licensing and Certification Requirements: Prior Training A candidate may rely on successfully completing a training course accredited by a governmental agency other than DEQ to satisfy the training and examination requirements of OAR 340-248-0130 and 340-248-0140 if …

340-248-0170 Licensing and Certification Requirements: Reciprocity DEQ may develop reciprocity agreements with other jurisdictions regarding all activities under this division. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.745 History: DEQ 195-201…