Or. Admin. R. 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 postponement of risk reduction for one five year period. After that five year period, the owner or operator must reduce risk in accordance with OAR 340-245-0130.

(2) An owner or operator of an existing source requesting postponement of the requirement to reduce risk for one or more significant TEUs must submit a request to DEQ that includes the following:

(a) Information proving inability to pay as described in section (4);

(b) The TEUs for which the postponement is being requested;

(c) An analysis of:

(A) All risk reduction measures that the owner or operator is required to undertake to reduce risk; and

(B) The cost to install, operate and maintain each risk reduction measure identified in paragraph (A) for which a postponement is being requested;

(d) A description of any other interim risk reduction measures, including a pollution prevention analysis under OAR 340-245-0140, that will be taken to reduce risk in lieu of implementing each risk reduction measure identified in paragraph (c)(A) for which a postponement is being requested and when those interim risk reduction measures will be implemented; and

(e) The number of employees at the source.

(3) An owner or operator must include a postponement request in the source's Toxic Air Contaminant Permit Addendum application under OAR 340-245-0100.

(4) The owner or operator making a request to postpone risk reduction:

(a) Must use the applicable U.S. Environmental Protection Agency's ABEL, INDIPAY or MUNIPAY computer model, or a substantially equivalent analysis approved by DEQ, to evaluate financial condition or ability to pay the full cost of reducing risk or meeting TBACT in accordance with EPA standards for determining ability to pay. The models' standard input values are presumed to apply unless the owner or operator can demonstrate that the standard values do not reflect the owner's or operator's actual circumstances. DEQ may generally determine that the owner or operator is able to pay if the model results show that the owner or operator has a 70% probability of being able to absorb the cost of meeting TBACT or implementing other physical, operational or process changes that could be made to reduce risk; and

(b) Is required to provide DEQ, on a confidential basis if the information meets the requirements of OAR 340-214-0130, audited financial information about the source. The information must include federal tax returns for the most recent three years, the most current year's audited financial statement, a signed auditor's statement provided by a certified public accountant, the source's latest income statement and balance sheet, and other information regarding the owner's or operator's financial condition on a form required by DEQ. The information will be held as confidential to the extent consistent with the Oregon Public Records Law, ORS 192.311 through 192.478.

(5) Negotiation and consultation.

(a) DEQ may negotiate alternatives to the postponement with the owner or operator, and may consider such alternatives in the final determination regarding whether to approve the postponement; and

(b) DEQ will consult with OHA, local elected officials, local Tribal governing bodies, and relevant state and federal agencies that have jurisdiction in the notification area before making a final determination regarding the postponement.

(6) DEQ may grant a request for postponement of risk reduction in full or in part and impose any conditions, implementation of reasonable alternative measures, and implementation schedules that DEQ determines are appropriate based on the following:

(a) Evaluating the following at exposure locations where risk will exceed an applicable Risk Action Level:

(A) The presence of sensitive populations, including people with low income, members of a minority group, and residents under five years old; and

(B) The total population that lives within the notification area of the source;

(b) Considering both the potential economic harm to the owner or operator of the source of requiring that the owner or operator make the identified risk reductions against the burden of risk to the exposed population if the risk reductions are postponed.

Notes

Or. Admin. R. 340-245-0150

DEQ 197-2018, adopt filed 11/16/2018, effective 11/16/2018; DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021

Statutory/Other Authority: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.135 & 468A.337

Statutes/Other Implemented: 468.065, 468A.025, 468A.040, 468A.050, 468A.070, 468A.155, 468A.010, 468A.015, 468A.035, 468A.337 & 468A.335