340-247-0010
Purpose and Overview

Purpose and Overview. Division 247 lists air contaminants that are a priority for investigation in Oregon (Table 1), lists health risk-based standards for toxic air contaminants in Oregon (Table 2) and establishes the process for setting and updating these values. These scientific standards, also called toxicity reference values (TRVs), are used to help analyze public health risk from toxic air contaminants. These standards may be used by programs including, but not limited to, Cleaner Air Oregon (OAR-340-245) and the Oregon State Toxic Air Contaminants Program (OAR-340-246). Subject to the requirements in this division and OAR 340-200-0010(3), Lane Regional Air Protection Agency is designated by the EQC to implement the rules in this division within its area of jurisdiction.

Statutory/Other Authority: ORS 468.020, ORS 468A.025 & ORS 468A.135
Statutes/Other Implemented: ORS 468A.025
History:
DEQ 18-2021, adopt filed 11/17/2021, effective 11/17/2021

340-247-0020
Definitions

The definitions in OAR 340-200-0020 and 340-245-0020 and this rule apply to this division. If the same term is defined in this division and elsewhere, the definition in this division applies.

(1) “Toxic air contaminant” means an air pollutant that has been determined by the EQC to cause, or reasonably be anticipated to cause, adverse effects to human health and is listed in OAR 340-247-8010 Table 1.

(2) “Toxicity Reference Value” or “TRV” means the following:

(a) For carcinogens, the air concentration corresponding to a one in one million excess cancer risk, calculated by dividing one in one million (0.000001) by the inhalation unit risk specific to that toxic air contaminant as established by the authoritative body that establishes the value, and as approved by the EQC; and

(b) For noncarcinogens, the air concentration above which relevant effects might occur to humans following environmental exposure, and below which it is reasonably expected that effects will not occur.

(c) For the purposes of these rules, DEQ will use the term toxicity reference value when referring to any similarly derived health-based toxicity value developed by other governmental agencies. Examples of names of values that DEQ will refer to as toxicity reference values include, but are not limited to reference concentrations (RfCs), reference exposure levels (RELs), or minimal risk levels (MRLs).

Statutory/Other Authority: ORS 468.020, ORS 468A.025 & ORS 468A.135
Statutes/Other Implemented: ORS 468A.025
History:
DEQ 18-2021, adopt filed 11/17/2021, effective 11/17/2021

340-247-0030
Toxicity Reference Values

(1) This rule lists sources of toxicity information that the Oregon Health Authority (OHA) and the Department of Environmental Quality (DEQ) consider authoritative in terms of their scientific rigor and methods for producing toxicity information. OHA and DEQ will recommend adoption and use of Toxicity Reference Values from the toxicity information published by the following authoritative sources:

(a) DEQ in consultation with the Air Toxics Science Advisory Committee (ATSAC);

(b) United States Environmental Protection Agency (EPA);

(c) United States Agency for Toxic Substances and Disease Registry (ATSDR); and

(d) California Environmental Protection Agency (CalEPA).

(2) DEQ will calculate Toxicity Reference Values using one in one million as the target excess cancer risk level or a hazard quotient of one for noncancer Toxicity Reference Values.

Statutory/Other Authority: ORS 468.020, ORS 468.025 & ORS 468A.135
Statutes/Other Implemented: ORS 468.025
History:
DEQ 18-2021, adopt filed 11/17/2021, effective 11/17/2021

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).

Statutory/Other Authority: ORS 468.020, ORS 468A.025 & ORS 468A.135
Statutes/Other Implemented: ORS 468A.025
History:
DEQ 18-2021, adopt filed 11/17/2021, effective 11/17/2021

340-247-0050
Air Toxics Science Advisory Committee

(1) Purpose. The Commission recognizes the many scientific uncertainties associated with the effects of toxic air contaminants, and the continuing development of new information in this field. An Air Toxics Science Advisory Committee (ATSAC), will advise DEQ, on the development of TRVs to be recommended to the Commission for use in the state’s toxic air contaminant program. The ATSAC will review and provide feedback on TRVs proposed by DEQ.

(2) Staffing. Personnel from both the DEQ and OHA will coordinate the work of ATSAC.

(3) Membership. The ATSAC will be composed of highly qualified members with experience relevant to the development and review of toxicity reference values. There will be at least five but no more than seven members. DEQ will evaluate qualifications of each ATSAC member and the capacity of the committee as a whole by seeking skills and experience relevant to:

(a) Toxicology and/or Toxicity Assessment, with additional consideration for experts with specialization in:

(A) Inhalation toxicology;

(B) Reproductive toxicology; or

(C) Developmental toxicology;

(b) Environmental and/or Atmospheric Chemistry, with additional consideration for experts with specialization in:

(A) Multi-pathway exposure;

(B) Bioaccumulation; and

(c) Epidemiology/Biostatistics, with additional consideration for experts with specialization in:

(A) Environmental public health;

(B) Neonatal and children’s health;

(C) Medicine, or

(D) Health of vulnerable populations.

(4) Appointment. DEQ's Air Quality Division Administrator will nominate potential members to the Director. Before making these nominations, the Administrator will develop a list of candidates by consulting with government, public, and private organizations involved in work relevant to toxic air contaminants. The Director will appoint ATSAC members with concurrence by the Commission.

(5) Term. Air Toxics Science Advisory Committee members each will serve a three-year term. Initial terms will be staggered for continuity and transfer of work so that members of the first ATSAC may serve more or less than three years.

(6) Operation.

(a) No member may have an actual or potential conflict of interest, as those terms are defined by ORS 244.020 and must otherwise comply with government ethics requirements in ORS chapter 244.

(b) The ATSAC will meet as determined necessary by DEQ.

(c) The ATSAC members will provide DEQ with findings and recommendations that DEQ will report to the Environmental Quality Commission, including consensus, majority, and minority opinions.

(d) If necessary, DEQ may obtain a facilitator to assist the ATSAC.

(e) ATSAC may remove a member for cause, with concurrence by the Commission.

Statutory/Other Authority: ORS 468.035, 468A.010(1), ORS 468A.015 & 468A.135
Statutes/Other Implemented: ORS 468A.015 & 468A.025
History:
DEQ 18-2021, adopt filed 11/17/2021, effective 11/17/2021

340-247-8010
Tables

(1) Table 1 – Priority Toxic Air Contaminant List

(2) Table 2 - Toxicity Reference Values

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Statutory/Other Authority: ORS 468.020, ORS 468A.025 & ORS 468A.135
Statutes/Other Implemented: ORS 468A.025
History:
DEQ 18-2021, adopt filed 11/17/2021, effective 11/17/2021