​Proposed rulemaking

Sue MacMillan, 503-229-6458

The proposed Cleaner Air Oregon Hazard Index rules 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 proposed 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.

DEQ is proposing the following changes to Oregon Administrative Rule (OAR) 340, division 245 that would:
  • 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 would 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

DEQ is now accepting public comments on the proposed rule changes. You can submit comments through the email address below.

Submit Comment

The comment period closes on Nov. 22, 2019 at 4 p.m.
Comments submitted after this time will not be considered.
Supporting documents:
Public hearing: Nov. 18, 2019
DEQ Headquarters
700 NE Multnomah St.
Third Floor Conference Room
Portland, OR 97232
6 p.m. to 8 p.m.
Teleconference phone number:
Participant code: 8040259

EQC action

Meeting has not been scheduled yet.