Current through Register Vol. 63, No. 3, March 1, 2024
(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.
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
