justicedao/ipfs_state_laws huggingface dataset:
340-246-0050 Pollution Prevention The Environmental Quality Commission encourages the use of pollution prevention for all sources of toxic air contaminants statewide. The Commission encourages use of the following hierarchy to reduce toxic air contaminants: (1) Modify the process, raw materials, or product to reduce the quantity and toxicity of air contaminants generated; (2) Capture and reuse air contaminants; (3) Treat to reduce the quantity and toxicity of air contaminants released; or (4) Otherwise control toxic air contaminant emissions. Statutory/Other Authority: ORS 468.035, 468A.010(1), 468A.015, 468A.135, 468A.025 & 468.020 Statutes/Other Implemented: ORS 468.035, 468A.010(1), 468A.015, 468A.135 & 468A.025 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 187-2018, amend filed 05/14/2018, effective 05/14/2018 DEQ 15-2003, f. & cert. ef. 11-3-03
340-246-0090 Ambient Benchmark Concentrations for Toxic Air Contaminants Purpose. Ambient benchmark concentrations are concentrations of toxic air contaminants that serve as goals in the Oregon Toxic Air Contaminants Program. They are based on human health risk and hazard levels considering sensitive populations. Ambient benchmark concentrations are not regulatory standards, but reference values by which toxic air contaminant problems can be identified, addressed and evaluated and are numerically equivalent to the “Toxicity Reference Value” as defined under OAR 340 247-0020 . DEQ will use ambient benchmark concentrations as indicated in these rules, to implement the Geographic and Source Category Programs. Ambient benchmark concentrations set by the procedures described in this rule apply throughout Oregon, including that area within the jurisdiction of the Lane Regional Air Protection Agency. Statutory/Other Authority: ORS 468.035, 468A.010(1), 468A.015, 468A.135, 468A.025 & 468.020 Statutes/Other Implemented: ORS 468.035, 468A.010(1), 468A.015, 468A.135 & 468A.025 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018 DEQ 187-2018, amend filed 05/14/2018, effective 05/14/2018 DEQ 151-2018, minor correction filed 04/12/2018, effective 04/12/2018 DEQ 11-2010, f. & cert. ef. 10-19-10 DEQ 9-2010, f. & cert. ef. 8-31-10 DEQ 12-2006, f. & cert. ef. 8-15-06 DEQ 15-2003, f. & cert. ef. 11-3-03
340-246-0110 Source Category Rules and Strategies (1) DEQ may identify the need for source category rules and strategies through the following methods: (a) The emissions inventory, modeling or monitoring, shows toxic air contaminant emissions from point, area, or mobile sources associated with public health risk at public receptors; (b) Development of a local toxic air contaminant reduction plan provides source category controls that could be effectively applied to sources existing in other parts of the state; or (2) Subject to the requirements in this rule, the Lane Regional Air Pollution Authority is designated by the Commission as the agency responsible for implementing Source Category Rules and Strategies within its area of jurisdiction. The requirements and procedures contained in this rule must be used by the Regional Authority to implement Source Category Rules and Strategies unless the Regional Authority adopts superseding rules that are at least as restrictive as the rules adopted by the Commission. (3) DEQ will consider the following criteria in determining whether to propose source category strategies under this division: (a) Whether toxic air contaminant emissions from the source category are not, or will not, be addressed by other regulations or strategies, including emissions reduction requirements under the Geographic Program (OAR 340-246-0130 through 340-246-0170); (b) Whether toxic air contaminant emissions from the source category can be effectively reduced through regulations or voluntary strategies; and (c) Whether the source category contributes to ambient benchmark concentration exceedances at public receptors statewide, in multiple geographic areas, or in multiple counties. Statutory/Other Authority: ORS 468.035, 468A.010(1), 468A.015, 468A.135, 468A.025 & 468.020 Statutes/Other Implemented: ORS 468.035, 468A.010(1), 468A.015, 468A.135 & 468A.025 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 187-2018, amend filed 05/14/2018, effective 05/14/2018 DEQ 15-2003, f. & cert. ef. 11-3-03
340-246-0130 Geographic Program (0130 through 0170) (1) Purpose. The Geographic Program addresses emissions from multiple sources of toxic air contaminants. It requires prioritizing and selecting geographic areas of concern, forming a local advisory committee, developing a specific local plan to control toxic air contaminants, a public participation and comment process, EQC adoption or approval, implementing reduction strategies, and periodically evaluating the effectiveness by DEQ. (2) Subject to the requirements in OAR 340-246-0130 through 0170, the Lane Regional Air Pollution Authority is designated by the Commission as the agency to implement the Geographic Program within its area of jurisdiction. The requirements and procedures contained in this rule must be used by the Regional Authority to implement the Geographic Program unless the Regional Authority adopts superseding rules which are at least as restrictive as state rules. The Regional Authority will address geographic areas as resources allow, considering the prioritization criteria in 340-246-0150. Statutory/Other Authority: ORS 468.035, 468A.010(1), 468A.015, 468A.135, 468A.025 & ORS 468.020 Statutes/Other Implemented: ORS 468.035, 468A.010(1), 468A.015, 468A.135 & 468A.025 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 187-2018, amend filed 05/14/2018, effective 05/14/2018 DEQ 15-2003, f. & cert. ef. 11-3-03
340-246-0190 Air Toxics Safety Net Program (0190 through 0230) Reserved for Safety Net Program. Statutory/Other Authority: ORS 468.035, 468A.010(1) & 468A.015 Statutes/Other Implemented: ORS 468A.015 & 468A.025 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018 DEQ 187-2018, amend filed 05/14/2018, effective 05/14/2018 DEQ 15-2003, f. & cert. ef. 11-3-03
340-246-0210 Air Toxics Safety Net Program (0190 through 0230) Reserved for Safety Net Program. Statutory/Other Authority: ORS 468.035, 468A.010(1) & 468A.015 Statutes/Other Implemented: ORS 468A.015 & 468A.025 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 187-2018, amend filed 05/14/2018, effective 05/14/2018 DEQ 15-2003, f. & cert. ef. 11-3-03
340-246-0230 Air Toxics Safety Net Program (0190 through 0230) Reserved for Safety Net Program. Statutory/Other Authority: ORS 468.020, 468A. 025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468A.025, 468A.040 & 468A.310 History: DEQ 18-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 153-2018, minor correction filed 04/12/2018, effective 04/12/2018 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11 DEQ 15-2003, f. & cert. ef. 11-3-03
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
340-247-0050 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
340-248-0005 Applicability OAR 340-248-0010 through 340-248-0280 apply to asbestos milling, manufacturing, fabricating, abatement, and disposal, or any situation where a potential for exposure to asbestos fibers exists. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.135 & 468A.745 Statutes/Other Implemented: ORS 468A.700 - 468A.760 History: DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018 DEQ 1-2002, f. & cert. ef. 2-4-02
340-248-0100 Licensing and Certification Requirements: Applicability OAR 340-248-0100 through 340-248-0180 provide the requirements, standards, and procedures for contractor licensing, worker and supervisor certification, and asbestos abatement trainer accreditation. These requirements apply to any asbestos abatement project except as provided under OAR 340-248-0250. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.135 & 468A.745 Statutes/Other Implemented: ORS 468A.700 - ORS 468A.760 History: DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018 DEQ 9-2003, f. 5-21-03, cert. ef. 6-21-03 DEQ 19-2002(Temp), f. & cert. ef. 12-23-02 thru 6-21-03 DEQ 1-2002, f. & cert. ef. 2-4-02 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-033-0010 DEQ 15-1995, f. 6-16-95, cert. ef. 7-1-95 DEQ 19-1994, f. 9-6-94, cert. ef. 10-1-94 DEQ 18-1993, f. & cert. ef. 11-4-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 18-1991, f. & cert. ef. 10-7-91 DEQ 10-1988, f. 5-19-88, cert. ef. 5-19-88 (and corrected 6-3-88)
340-248-0110 Licensing and Certification Requirements: General Provisions (1) Except as provided under OAR 340-248-0250(1)(a) a person performing an asbestos abatement project must be a certified supervisor or worker under OAR 340-248-0130. A certified supervisor may work as a certified worker without having certification as a worker. (2) An owner or operator of a facility may not allow a person to perform an asbestos abatement project in or on the facility unless the person is certified or licensed under the provisions of this division to perform an asbestos abatement project. (3) An owner or operator of a demolition or renovation activity may not allow a person to perform an asbestos abatement project as part of the demolition or renovation unless the person is certified or licensed under the provisions of this division to perform an asbestos abatement project. (4) A contractor that performs an asbestos abatement project must be licensed by DEQ under OAR 340-248-0120. (5) Except as provided under OAR 340-248-0250(1)(h), a certified supervisor must be present on each asbestos abatement project. (6) Each training provider for asbestos abatement certification must be accredited by DEQ under OAR 340-248-0140. (7) Each person DEQ licenses, certifies, or accredits under the provisions of this division must comply with OAR 340-248-0005 through 340-248-0280 and maintain a current address on file with DEQ. DEQ may suspend or revoke the license, certification, or accreditation of any person who does not comply with this section. (8) DEQ may require training providers to ask applicants to provide their social security number and to retain records of those numbers for DEQ's use in identifying and tracking workers and supervisors. Trainers must notify each applicant that providing their social security number is voluntary and explain how DEQ proposes to use the social security number. (9) A regional air pollution authority that has been delegated authority under OAR 340-244-0020(2) may inspect for and enforce against violations of licensing and certification regulations. A regional air pollution authority may not approve, deny, suspend or revoke a training provider accreditation, contractor license, or worker certification, but may refer violations to DEQ and recommend denials, suspensions, or revocations. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.707 History: DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018 DEQ 1-2002, f. & cert. ef. 2-4-02 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-033-0030 DEQ 15-1995, f. 6-16-95, cert. ef. 7-1-95 DEQ 18-1993, f. & cert. ef. 11-4-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 18-1991, f. & cert. ef. 10-7-91 DEQ 4-1990, f. & cert. ef. 2-7-90 (and corrected 5-21-90) DEQ 10-1988, f. & cert ef. 5-19-88 (and corrected 6-3-88)
340-248-0160 Licensing and Certification Requirements: Prior Training A candidate may rely on successfully completing a training course accredited by a governmental agency other than DEQ to satisfy the training and examination requirements of OAR 340-248-0130 and 340-248-0140 if all of the following conditions are met: (1) DEQ determines that the course and examination requirements are equivalent to or exceed the requirements of OAR 340-248-0130 and 340-248-0140 for the level of certification sought or DEQ has a reciprocity agreement with the other jurisdiction. (2) To qualify for a refresher course and certification, an applicant must have completed prior training during the two years preceding the date the applicant applies to DEQ. Applicants must have a current certification from EPA or an equivalent certification from another state when applying under this section. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.745 History: DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018 DEQ 155-2018, minor correction filed 04/12/2018, effective 04/12/2018 DEQ 9-2003, f. 5-21-03, cert. ef. 6-21-03 DEQ 1-2002, f. & cert. ef. 2-4-02 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-033-0080 DEQ 15-1995, f. 6-16-95, cert. ef. 7-1-95 DEQ 4-1990, f. & cert. ef. 2-7-90 (and corrected 5-21-90) DEQ 10-1988, f. & cert ef. 5-19-88 (and corrected 6-3-88)
340-248-0170 Licensing and Certification Requirements: Reciprocity DEQ may develop reciprocity agreements with other jurisdictions regarding all activities under this division. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.745 History: DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-033-0090 DEQ 15-1995, f. 6-16-95, cert. ef. 7-1-95 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 10-1988, f. & cert ef. 5-19-88 (and corrected 6-3-88)
340-248-0180 Licensing and Certification Requirements: Fees (1) DEQ may assess the following fees to provide revenues to operate the asbestos control program. (a) Contractor Licenses: A non-refundable license application fee of $1,347 for a one-year Asbestos Abatement Contractor license; (b) Worker and Supervisor Certifications: A non-refundable application fee of $86 for a one-year certification as an asbestos supervisor and $60 for a one-year certification as an asbestos worker; (c) Training Provider Accreditation: A non-refundable accreditation application fee of: (A) $418 for a one-year accreditation to provide a course for training asbestos supervisors; (B) $418 for a one-year accreditation to provide a course for training asbestos workers; and (C) $418 each for a one-year accreditation to provide a course for refresher training for Oregon asbestos certification. (d) Asbestos Abatement Project Notification fee required under OAR 340-248-0260. (2) Requests for waiver of fees must be made in writing to the Director, on a case-by-case basis, and be based upon financial hardship. Applicants for waivers must describe the reason for the request and certify financial hardship. The Director may waive part or all of a fee. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.745 History: DEQ 15-2025, amend filed 07/07/2025, effective 07/07/2025 DEQ 14-2024, amend filed 09/10/2024, effective 09/10/2024 DEQ 1-2023, amend filed 01/23/2023, effective 01/23/2023 DEQ 8-2022, temporary amend filed 07/21/2022, effective 07/22/2022 through 01/17/2023 DEQ 7-2022, amend filed 05/19/2022, effective 07/01/2022 DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018 DEQ 9-2003, f. 5-21-03, cert. ef. 6-21-03 DEQ 19-2002(Temp), f. & cert. ef. 12-23-02 thru 6-21-03 DEQ 1-2002, f. & cert. ef. 2-4-02 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-033-0100 DEQ 15-1995, f. 6-16-95, cert. ef. 7-1-95 DEQ 19-1994, f. 9-6-94, cert. ef. 10-1-94 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 18-1991, f. & cert. ef. 10-7-91 DEQ 4-1990, f. & cert. ef. 2-7-90 (and corrected 5-21-90) DEQ 10-1988, f. & cert ef. 5-19-88 (and corrected 6-3-88)
340-248-0205 Emission Standards and Procedural Requirements: General Provisions (1) A person may not openly accumulate friable asbestos material or asbestos-containing waste material. (2) Contractors working on asbestos abatement projects at secure facilities must ensure that all security clearance requirements are completed before asbestos abatement projects at secure facilities start so that DEQ inspectors may gain immediate access to perform required asbestos project inspections. (3) A person may not sand, grind, saw, or abrade asbestos-containing material unless during such activity the material is handled and disposed of as friable asbestos material as this division provides. (4) The content of asbestos in asbestos-containing material must be determined using the method specified by the Environmental Protection Agency as listed in EPA/600/R-93/116, July 1993, "Method for the Determination of Asbestos in Bulk Building Materials" or another substantially similar method approved by DEQ. Bulk samples must not be composited for analysis. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, 468A.025, 468A.135 & 468A.745 Statutes/Other Implemented: ORS 468A.700 - 468A.760 History: DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018 DEQ 9-2003, f. 5-21-03, cert. ef. 6-21-03 DEQ 19-2002(Temp), f. & cert. ef. 12-23-02 thru 6-21-03 DEQ 1-2002, f. & cert. ef. 2-4-02