Rulemaking

​Adopted rule

Administrative Order No. DEQ 8-2020

Filed and effective Apr. 24, 2020

See Oregon Bulletin, May 2020

Sue MacMillan, 503-229-6458

The Environmental Quality Commission adopted the Cleaner Air Oregon Hazard Index rules which address provisions of Senate Bill 1541 that allow DEQ to establish more protective health standards for noncancer toxic air contaminants that are expected to cause developmental or other severe human health impacts.  The adopted rules base the Risk Action Levels, or benchmarks, for existing sources emitting these chemicals on a noncancer Hazard Index value of 3, if the chemical is expected to cause developmental or other severe human health effects.

EQC adopted the following changes to Oregon Administrative Rule (OAR) 340, division 245 that:

  • Adjust the benchmark, or Risk Action Level, at which existing facilities regulated under the Cleaner Air Oregon program must take action to reduce noncancer risk from 156 noncancer toxic air contaminants. This action will lower noncancer Risk Action Level benchmarks for 156 toxic air contaminants from a Hazard Index of 5 to a Hazard Index of 3.
  • Provide a calculation for existing facilities to estimate site-specific risk if they emit a mix of noncancer toxic air contaminants that are regulated at both a Risk Action Level of a Hazard Index of 3 and a Hazard Index of 5.

Parameters and requirements for these proposed rules are set forth in Senate Bill 1541, enacted by the 2018 Oregon Legislature.

 
 
 

Cleaner Air Oregon Hazard Index 2019 Advisory Committee

DEQ has appointed an advisory committee to review issues and fiscal impacts related to the proposed rules.
 
 

Technical Advisory Committee

DEQ appointed volunteers with the technical background necessary to address requirements of Senate Bill 1541 (SB 1541) enacted by the 2018 Oregon Legislature. SB 1541 states: “…the [Environmental Quality] commission shall establish and consider the recommendations of an advisory committee, composed, at a minimum, of persons with technical expertise in toxic air contaminant risk assessment.”
 

​P​ublic involvement

The public comment period for this rulemaking closed at 4 p.m on Dec. 18, 2019.
 
Supporting documents:
 

EQC action

The Environmental Quality Commission adopted these rules at its meeting on Apr. 24, 2020.