Or. Admin. R. 340-246-0170

Current through Register Vol. 63, No. 6, June 1, 2024

Section 340-246-0170 - Local Toxic Air Contaminant Emissions Reduction Planning

(1)

(a) DEQ will develop toxic air contaminant reduction plans for selected geographic areas with the advice of local advisory committees. The main role of a local advisory committee is to consider toxic air contaminant reduction options and to recommend a specific toxic air contaminant reduction plan for their geographic area. The Director will appoint a local toxic air contaminants advisory committee.

(b) Local advisory committees will generally be composed of a balanced representation of members from affected local government, local health departments, the public, small businesses (50 or fewer employees), larger businesses (if present in the area), and interest groups represented in the area.

(2) Local Advisory Committee Tasks.

(a) Within 18 months of their first meeting, the committee will evaluate options for reducing emissions of toxic air contaminants that exceed ambient benchmark concentrations, and recommend a local toxic air contaminant reduction plan to DEQ.

(b) DEQ may grant an extension of time to the local committee if requested by the committee, if DEQ believes the extension is technically justified and the committee is making reasonable progress in developing a local toxic air contaminant reduction plan.

(c) If the committee is unable to recommend a local toxic air contaminant reduction plan to DEQ within 18 months, or the date of an extension, DEQ will formulate a plan for the area within six months.

(d) DEQ and the local advisory committee will seek local government support for the proposed local toxic air contaminant emissions reduction plan.

(e) The local advisory committee will evaluate the plan's effectiveness as it is implemented and recommend changes to DEQ.

(f) At DEQ's request, the local advisory committee will reconvene to implement contingency planning and recommend contingency measures as specified by OAR 340-246-0170(4)(l).

(g) If the committee is unable to recommend contingency measures within 18 months, DEQ will formulate contingency measures for the area within 6 months.

(3) Public Notice, Comment, Approval and Adoption by the Environmental Quality Commission. DEQ will provide an opportunity for public notice and comment on proposed local emissions reduction plans. After the public notice and comment process is complete, DEQ will present local toxic air contaminant reduction plans to the Commission for approval, including adoption of appropriate administrative rules. The Environmental Quality Commission may delegate the approval of plans that do not contain administrative rules to the Director of DEQ.

(4) Elements of a Toxic Air Contaminant Reduction Plan:

(a) Local toxic air contaminant reduction plans must focus on the toxic air contaminant or toxic air contaminants measured or modeled above the ambient benchmark concentrations.

(b) Local toxic air contaminant reduction plans must be based on sound data analysis. This includes developing enhanced emissions inventory information for the local area using source-specific information to the extent possible. This may also include enhanced modeling and monitoring to better characterize ambient concentrations. Plans also must rely on sound analysis of the effectiveness and cost of toxic air contaminant emissions reduction options. Where needed to fill specific information gaps, DEQ may require toxic air contaminant emissions reporting for specific sources or source categories within the geographic area on a case-by-case basis.

(c) The emissions reduction goals for individual toxic air contaminants are ambient benchmark concentrations in local toxic air contaminant reduction plans.

(d) Local toxic air contaminant reduction plans must be designed to reduce toxic air contaminant emissions in a timely manner.

(A) When feasible, local toxic air contaminant reduction plans will be designed to reach levels that are equal to or below ambient benchmark concentrations. Plans will be designed to achieve emissions reductions within ten years, beginning at the date the Commission approves the plan. Local plans must provide for the timeliest reductions possible for each toxic air contaminant exceeding ambient benchmark concentrations.

(B) Local toxic air contaminant reduction plans must include specific three-year milestones that DEQ and the local advisory committee will evaluate every three years, in coordination with DEQ's toxic air contaminant emissions inventory update.

(e) Every three years, DEQ will assess the effectiveness of local plans and make recommendations for plan revision based on progress meeting milestones or new information. If DEQ finds lack of progress at year three, it will work with the local advisory committee to provide corrective measures. If DEQ finds lack of progress at year six and projects that ten-year goals in OAR 340-246-0170(4)(d)(A) will not be met, it will implement the contingency plan in 340-246-0170(4)(l). If at year nine DEQ projects that ten year goals in 340-246-0170(4)(d)(A) will not be met, it will work with the local advisory committee to propose and seek adoption of measures necessary to reach these goals.

(f) Local toxic air contaminant reduction plans must evaluate toxic air contaminant emissions from all types of sources, including point, area, and mobile sources. Plans must require emissions reductions from the most significant sources of toxic air contaminants. Mandatory emissions reduction strategies will be commensurate with source contributions, considering relative emissions, toxicity, technical feasibility, cost-effectiveness and equity.

(g) Local toxic air contaminant reduction plans must include strategies to reduce high concentrations of toxic air contaminants that are limited to smaller portions of a geographic area as well as pollutants causing public health risk throughout the area.

(h) Local toxic air contaminant reduction plans may include a variety of mandatory and voluntary approaches to reducing emissions of toxic air contaminants. Depending on the type of source, local toxic air contaminant reduction plans may include public education, pollution prevention alternatives, economic incentives and disincentives, technical assistance and regulatory requirements.

(i) DEQ will ensure the opportunity for public involvement during the plan development process. This includes involving those affected by the toxic air contaminant emissions and those affected by the proposals to reduce toxic air contaminant emissions. Proposed local toxic air contaminant reduction plans must be available for public hearing and comment.

(j) Local toxic air contaminant reduction plans must be coordinated with other local, state, and federal requirements to the extent possible. This includes considerations of any ozone or particulate control requirements for the area, any federal standard applicable to sources in the area, any strategies that are federally pre-empted, and any impacts on water or land, such as water pollution or hazardous waste.

(k) Local toxic air contaminant reduction plans will include specific recommendations for developing ongoing emissions inventory or ambient air monitoring to track local trends in toxic air contaminants.

(l) Local toxic air contaminant reduction plans must include a contingency plan that will be implemented if evaluation at year six shows that an area is not meeting milestones and will not achieve the ten year goals established under OAR 340-246-0170(4)(d)(A). The contingency plan, like the original plan, must require emissions reductions from the most significant sources of toxic air contaminants. Mandatory emissions reduction strategies will be commensurate with source contributions, considering relative emissions, toxicity, technical feasibility cost-effectiveness and equity. Contingency plans must include but are not limited to:

(A) Re-evaluation of planning assumptions, such as emissions factors, motor vehicle data and background pollutants;

(B) Evaluation of existing conditions and effectiveness of emissions reduction strategies, including reasons for success or failure; and

(C) New or progressively more mandatory strategies that will be considered.

Or. Admin. R. 340-246-0170

DEQ 15-2003, f. & cert. ef. 11-3-03; DEQ 152-2018, minor correction filed 04/12/2018, effective 04/12/2018; DEQ 187-2018, amend filed 05/14/2018, effective 5/14/2018; DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021

Statutory/Other Authority: ORS 468.035, 468A.010(1), 468A.015, ORS 468.020, 468A.025 & 468A.135

Statutes/Other Implemented: ORS 468.035, 468A.010(1), 468A.015, 468A.025 & 468A.135