On June 25, 2018, Oregon Department of Environmental Quality (ODEQ), published draft 2018 Cleaner Air Oregon (CAO) rules for public comment. The 2018 proposed rules reflect changes from public comments received on the 2017 draft CAO rules and changes from Senate Bill 1541 (SB 1541), which establishes the CAO framework in statute.

The 2018 proposed CAO rules include the following changes to the 2017 proposed CAO rules:

  • Changes to Risk Based Concentrations (RBCs). Some RBCs are lower and some are higher.
  • Changes to the list of compounds with RBCs. Some compounds were added, others removed, and some were modified. For example, metals that were previously listed as the elemental metal are now metal compounds (e.g. 2017 RBC was for Manganese and 2018 RBC is for Manganese compounds).
  • ODEQ has removed the prescriptive implementation program and the source ranking process. Per the 2018 proposed CAO rules, an existing source must submit a risk assessment upon request from ODEQ and in accordance with the allowed timelines of OAR 340-245-0030, which vary from 60 days to 150+ days, depending on the level of risk assessment required. A toxics emissions inventory must be submitted within 30 days of ODEQ notice date.
  • Risk Action Levels (RALs) were substantially modified. Additional information on the 2018 proposed RALs are provided in the figure below.

RAL Flowchart
Reference: ODEQ. https://www.oregon.gov/deq/FilterDocs/cao-RALFlowchart.pdf

The public comment period extends through 4pm on August 6, 2018 and also includes two public hearings. For detailed information on the rule, public hearings, and the public comment period, visit the Cleaner Air Oregon website.

If you have any questions regarding the CAO rulemaking process, please contact Ashley Jones or Beth Ryder at (253) 867-5600.