Oregon Toxics Rulemaking Update

Oregon Governor, Kate Brown, launched a new air toxics initiative, Cleaner Air Oregon, in April 2016.  The program will develop new regulations to align industrial toxics regulations protecting human health.  The program is reforming Oregon's existing industrial air toxics regulations, and Oregon has set a timeline targeting draft rules going on public notice by mid-2017.

Currently, the advisory committee is reviewing data from the technical workgroup, public input from the public policy forums, and information from the groups they represent.  The advisory committee will provide input to ODEQ in this rulemaking process.

As part of the initiative, Trinity Consultants is anticipating ODEQ to send out an air toxics emission inventory request to all Oregon air permit holders in the very near future.  ODEQ has indicated the toxics list of 600+ chemicals will be a compilation of the California Air Resources Board (CARB) toxics, Washington's toxic air pollutants (TAPs), EPA's hazardous air pollutants (HAPs), and Oregon's existing toxics focus list.  Basic and General air permit holders may only be required to provide production data and safety data sheets (SDSs), but Simple, Standard, and Title V air permit holders are expected to be asked to provide 2015 toxic emissions calculations and potential toxic emissions calculations.  The air toxics data request is expected to be used in the toxics program development.

If an industrial source has a fuel combustion source, uses any chemicals, paints, or solvents, and the source is an air permit holder in Oregon, it is likely that the facility will be impacted by this air toxics emissions inventory assessment request.  During a recent conference, ODEQ indicated a potential two-month turnaround time for preparing the air toxics emission inventory, so sources will want to start right away.  If you have any questions regarding Oregon's Air Toxics Rulemaking Process, please contact Ashley Jones at (253) 867-5600.