Or. Admin. Code § 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 practices and science;

(b) These rules include two lists of toxic air contaminants:

(A) OAR 340-247-8010 Table 1 contains toxic air contaminants that are considered a priority for investigation in Oregon. The purpose of OAR 340-247-8010 Table 1 is to maintain a current and broad understanding of statewide toxic air contaminant emissions and ambient concentrations over time; and

(B) OAR 340-247-8020 Table 2 contains toxic air contaminants for which TRVs are readily available. The purpose of OAR 340-247-8020 Table 2 is to evaluate the public health impacts from toxic air contaminants.

(2) OAR 340-247-8010 Table 1, Priority Toxic Air Contaminants List.

(a) The Priority Toxic Air Contaminants List is comprised of contaminants listed on California Air Resources Board's Toxic Air Contaminant Identification List Appendix A-1; Washington's Table of Acceptable Source Impact Levels, Small Quantity Emission Rate, and de minimis emission values; Oregon's Toxics Focus list; and EPA's Hazardous Air Pollutants list;

(b) Every three years starting from November 16, 2018, DEQ, in consultation with OHA, will begin review of the four lists in subsection (a) for changes and may propose rule amendments to update the Priority Toxic Air Contaminants List in OAR 340-247-8010 Table 1 to capture changes in any of those four lists since the last review;

(c) During the reviews of the Priority Toxic Air Contaminants List, DEQ may also propose rule amendments to add or remove toxic air contaminants based on information gathered from past reporting, industry types in Oregon that differ from those in California or Washington, or OHA's and DEQ's knowledge of toxic air contaminants that may be of potential public health concern in Oregon.

(3) OAR 340-247-8020 Table 2, Toxicity Reference Values. Every three years starting from November 16, 2018, or as necessary, DEQ, in consultation with OHA, will begin review of the toxic air contaminants and Toxicity Reference Values published by the authoritative sources listed in OAR 340-247-0030 for changes since the last review. DEQ will propose rule amendments to implement one or more of the following actions, as appropriate:

(a) Revise Toxicity Reference Values for toxic air contaminants listed in OAR 340-247-8020 Table 2 if Toxicity Reference Values have been revised by authoritative sources listed in OAR 340-247-0030 or if indicated as part of the petition process established in section (4);

(b) Add toxic air contaminants to OAR 340-247-8020 Table 2 if Toxicity Reference Values have been generated by authoritative sources listed in OAR 340-247-0030 for toxic air contaminants on the Priority Toxic Air Contaminants List in OAR 340-247-8010 Table 1; and

(c) Remove or revise toxic air contaminants from OAR 340-247-8010 Table 2 if some or all authoritative sources listed in OAR 340-247-0300 have rescinded Toxicity Reference Values for that toxic air contaminant without providing a replacement;

(4) Interested parties may submit petitions to DEQ to update the lists of toxic air contaminants to add or remove toxic air contaminants from OAR 340-247-8010 Table 1 or revise a TRV in OAR 340-247-8020 Table 2.

(a) All petitions must be made in writing and must be received by DEQ by October 31st of the applicable triennial review year described in section (2) or (3);

(b) A request to add a toxic air contaminant to the Priority Toxic Air Contaminants List in OAR 340-0247-8010 Table 1 must include evidence that:

(A) The chemical is emitted in the state of Oregon at a rate of at least 1 pound per year; and

(B) The chemical is toxic;

(c) A request to remove a toxic air contaminant from the Priority Toxic Air Contaminant List in OAR 340-0247-8010 Table 1, must demonstrate that the chemical is emitted in the state of Oregon at a rate less than 1 pound per year;

(d) A request to remove a toxic air contaminant from the TRV List in OAR 340-247-8020 Table 2, must demonstrate that all authoritative sources listed in OAR 340-247-0030 have rescinded TRVs for that toxic air contaminant without providing a replacement;

(e)

(A) If the request to add or revise a TRV applies to a toxic air contaminant for which toxicity information is available from one or more of the authoritative sources listed in OAR 340-247-0300, then only petitions to select a Toxicity Reference Value from one of those authoritative sources will be considered;

(B) If there are no TRVs established by any of the authoritative sources listed in OAR 340-247-0030 for a toxic air contaminant, then a petitioner may still request to add Toxicity Reference Values in OAR 340-247-8020 Table 2. The request must include one or more of the following, in order of preference:

(i) Inhalation Toxicity Reference Values established by a federal agency or by another state;

(ii) Publicly available and peer-reviewed toxicity information for the toxic air contaminant that demonstrates a quantitative dose-response relationship in human or animal studies from which Toxicity Reference Values could be calculated; and

(iii) Publicly available and peer-reviewed new approach methodologies for inferring toxicity information from a well-studied toxic air contaminant to a structurally similar, but less-studied toxic air contaminant on the Priority Toxic Air Contaminants List;

(C) If a toxic air contaminant being requested for review has no available toxicity information as described in paragraph (B) and is emitted at a rate of at least one pound per year in the state of Oregon, then DEQ will put the toxic air contaminant on a formal "Wait List", to be held there until toxicity information for that toxic air contaminant becomes available;

(f) If DEQ, after consultation with OHA, determines that revisions are warranted as a result of a petition, DEQ will consult with ATSAC and propose rule amendments to revise TRVs or for additions or removals of toxic air contaminants to the Priority Toxic Air Contaminants List in OAR 340-247-8010 Table 1 or the TRV list in OAR 340-247-8020 Table 2; and

(g) If DEQ receives a request to add, remove, or revise a TRV or add or remove a toxic air contaminant from the Priority Toxic Air Contaminants List in OAR 340-247-8010 Table 1, or the TRV list in OAR 340-247-8020 Table 2 and the request is received after October 31st the year of the applicable triennial review described in section (2) or (3), DEQ will review the request during the subsequent triennial review in section (3).

Notes

Or. Admin. Code § 340-247-0040

DEQ 18-2021, adopt filed 11/17/2021, effective 11/17/2021

Statutory/Other Authority: ORS 468.020, ORS 468A.025 & ORS 468A.135

Statutes/Other Implemented: ORS 468A.025