Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 245 - CLEANER AIR OREGON
Section 340-245-0130 - Risk Reduction Requirements
Universal Citation: OR Admin Rules 340-245-0130
Current through Register Vol. 63, No. 3, March 1, 2024
(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 to meet
TBACT on all significant TEUs;
(c)
Reduce risk to less than or equal to the Risk Reduction Level; or
(d) Reduce risk to less than or equal to the
Community Engagement Level if the owner or operator voluntarily agrees to do
so.
(2) Risk Reduction Plan Requirements. The owner or operator that is requesting approval of a Risk Reduction Plan must submit to DEQ the following:
(a) Two air contaminant emissions
inventories:
(A) The emissions inventory for
the source submitted under OAR 340-245-0040(1) before implementation of the
proposed Risk Reduction Plan measures; and
(B) A projected emissions inventory for the
source submitted under OAR 340-245-0040(1) after implementation of the proposed
Risk Reduction Plan measures;
(b) The results of a risk assessment
performed under OAR 340-245-0050(10) or (11) including the risk calculations
before and after full implementation of the Risk Reduction Plan using the
emissions inventories required in subsection (a);
(c) An analysis of pollution prevention
measures under OAR 340-245-0140, and a description of those measures that the
owner or operator has undertaken and included as part of its Toxic Air
Contaminant Permit Addendum application;
(d) Identification of each TEU for which an
action will be taken to reduce risk, how the risk will be reduced, and for TEUs
that are required to meet TBACT:
(A) A
demonstration that all significant TEUs at the source meet TBACT under OAR
340-245-0220; or
(B) The TBACT
analysis under OAR 340-245-0220 that demonstrates that all significant TEUs at
the source will meet TBACT when the plan is fully implemented;
(e) A schedule for implementing
the proposed Risk Reduction Plan measures within the time frames allowed under
section (4), if not sooner. The schedule must specify:
(A) The dates by which the source will
implement the proposed Risk Reduction Plan measures;
(B) The dates for submittal of periodic
reports showing progress toward completion of the proposed Risk Reduction Plan
measures. Progress reports should include achievement of significant
milestones, including but not limited to dates of equipment delivery and
construction progress; and
(C) The
dates for submittal of applications for permits to construct or modify, which
must be no later than 90 days after DEQ approval of the Risk Reduction Plan, or
other time period approved by DEQ;
(f) The proposed Source Risk
Limits.
(3) The owner or operator may request a postponement of risk reduction for excess cancer and chronic noncancer risk under OAR 340-245-0150.
(4) Risk Reduction Plan implementation deadlines.
(a) Chronic risk. The owner or
operator of a source that has either or both an excess cancer or chronic
noncancer source risk that is greater than the TBACT Level must complete
implementation of the Risk Reduction Plan within two years from the effective
date of the Toxic Air Contaminant Permit Addendum or the operating permit with
conditions in compliance with this division, or at an earlier time as required
by DEQ in such addendum or operating permit;
(A) Except as provided in paragraph (B), the
owner or operator may apply for a permit modification as specified under OAR
340-245-0100(8) to request additional time to complete implementation of risk
reductions measures. If the owner or operator, in such application, shows good
cause for the modification based on unreasonable hardship to the source, then
DEQ may allow the owner or operator not more than two additional years beyond
the timeline established in subsection (4)(a).
(B) DEQ may not grant a request under
paragraph (A) to an owner or operator that has previously received approval for
a postponement of risk reduction under OAR 340-245-0150;
(b) Acute risk. The owner or operator of a
source that has acute risk that is greater than the TBACT Level must complete
implementation of the Risk Reduction Plan on the following timeline:
(A) Within one month from the effective date
of the Toxic Air Contaminant Permit Addendum or the operating permit with
conditions in compliance with this division; or
(B) If the owner or operator requests
additional time in its Toxic Air Contaminant Permit Addendum application and
shows good cause based on unreasonable hardship to the source and an evaluation
of health factors, including but not limited to severity of acute health
effect, degree of scientific certainty, and averaging time of the acute TRV
used to develop the RBC, then DEQ may allow the owner or operator up to and not
more than 12 months to complete implementation of the Risk Reduction
Plan.
(5) Reporting Requirements.
(a) The owner or
operator of a source that has been issued a Toxic Air Contaminant Permit
Addendum or operating permit that includes a Risk Reduction Plan must submit
twice-annual progress reports to DEQ describing the source's progress in
reducing toxic air contaminant emissions and risk by implementing the Risk
Reduction Plan. The progress reports are due to DEQ on or before February 15
and July 31 of each year that the Risk Reduction Plan is in effect, or other
dates specified in the Toxic Air Contaminant Permit Addendum or operating
permit. The progress reports must include all information required by the Toxic
Air Contaminant Permit Addendum or operating permit, including but not limited
to:
(A) The increments of progress achieved in
implementing the risk reduction measures specified in the Risk Reduction
Plan;
(B) A schedule indicating
dates for future increments of progress;
(C) A description of any increases or
decreases in emissions of toxic air contaminants that have occurred at the
source since approval of the Risk Reduction Plan; and
(D) An estimate of when all Risk Reduction
Plan elements will be completed;
(b) The owner or operator must submit a Risk
Reduction Plan completion report to DEQ no later than 60 days after completing
all Risk Reduction Plan requirements. The report must include:
(A) The final increments of progress achieved
in fully implementing the risk reduction measures specified in the Risk
Reduction Plan and the date the final increments of progress were
achieved;
(B) A summary of the
actions taken to implement the Risk Reduction Plan;
(C) The results of the demonstration of the
effectiveness of the Risk Reduction Plan measures, including verification of
the modeling parameters for all of the TEUs for which risk was reduced;
and
(D) The remaining source risk
after completion of all risk reduction measures.
(6) Voluntary Risk Reductions. DEQ will not conduct community engagement public meetings, as described in OAR 340-245-0120(3), for the owner or operator of an existing source whose risk is less than or equal to the TBACT Level and that agrees to voluntarily reduce risk to below the Community Engagement Level in compliance with the following requirements:
(a) Voluntary Risk Reduction
Plan. An owner or operator must submit for DEQ approval a Voluntary Risk
Reduction Plan that follows the requirements and procedures in this rule for
submittal of a Risk Reduction Plan to reduce risk to below the Community
Engagement Level;
(b) The owner or
operator must complete implementation of the Voluntary Risk Reduction Plan
within the following timelines:
(A) Chronic
risk.
(i) Two years from the effective date of
the Toxic Air Contaminant Permit Addendum, or at an earlier time as required by
DEQ for excess cancer and noncancer chronic risk; and
(ii) If additional time is needed to
implement the risk reduction measures, the owner or operator must apply for a
permit modification as specified under OAR 340-245-0100(8). If the owner or
operator shows good cause for the modification based on unreasonable hardship
to the source then DEQ may allow the owner or operator not more than two
additional years beyond the initial two years to complete implementation of the
voluntary risk reduction measures.
(B) Acute risk.
(i) One month from the effective date of the
Toxic Air Contaminant Permit Addendum for acute risk; and
(ii) If additional time is needed to
implement the risk reduction measures, the owner or operator must apply for a
permit modification as specified under OAR 340-245-0100(8). If the owner or
operator shows good cause based on unreasonable hardship to the source and an
evaluation of health factors, including but not limited to severity of acute
health effect, degree of scientific certainty, and averaging time of the acute
TRV used to develop the RBC, then DEQ may allow the owner or operator up to and
not more than 12 months to complete implementation of the voluntary risk
reduction measures; and
(c) If the owner or operator does not
complete implementation of the Voluntary Risk Reduction Plan within the
approved time, DEQ may initiate the community engagement requirements under OAR
340-245-0120.
(7) Immediate Curtailment Risk Reduction Plan. If the results of the DEQ approved Level 3 or Level 4 Risk Assessment, submitted under OAR 340-245-0050, demonstrate source risk is greater than the Immediate Curtailment Level in OAR 340-245-8010 Table 1, the owner or operator must:
(a) Submit to DEQ, by the deadline provided
in OAR 340-245-0030(1)(e), an Immediate Curtailment Risk Reduction Plan that
describes the actions the source will take to immediately reduce risk below the
Immediate Curtailment Level. The Immediate Curtailment Risk Reduction Plan must
include:
(A) Specific actions to immediately
reduce risk from Significant TEUs, which may include:
(i) Production activity reductions or process
modifications;
(ii) Material
substitution or product reformulation;
(iii) Additional operations and maintenance;
and
(iv) Improvements to, or
installation of, pollution control devices;
(B) The amount of risk reduction anticipated
from the actions included under paragraph (A) and all supporting estimation
methods and calculations; and
(C)
Monitoring procedures to ensure the anticipated reduction amounts in paragraph
(B) are achieved;
(b)
Fully implement the Immediate Curtailment Risk Reduction Plan within ten days
of DEQ approval of the plan.
(8) If the owner or operator submits an incomplete Immediate Curtailment Risk Reduction Plan or if DEQ determines that the Immediate Curtailment Risk Reduction Plan is inadequate, then in addition to any other remedies available to DEQ, including authority pursuant to ORS 468.115, if applicable, DEQ may modify the Immediate Curtailment Risk Reduction Plan and order the owner or operator to comply with such plan. The owner or operator must fully implement the modified Immediate Curtailment Risk Reduction Plan within 10 days of receipt.
(9) The owner or operator must comply with the Immediate Curtailment Risk Reduction Plan until:
(a) DEQ issues a Toxic Air
Contaminant Permit Addendum under OAR 340-245-0100 with an approved Risk
Reduction Plan; and
(b) The owner
or operator implements the approved Risk Reduction Plan.
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
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