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Toxic Air Contaminant Review and Update Rulemaking

Cleaner Air Oregon is Oregon's program to reduce health risks to people who live, work, or learn near industrial and commercial facilities that emit toxic air contaminants. As part of this program, the Department of Environmental Quality and Oregon Health Authority periodically review and update toxicological information (i.e., information about the amount of chemicals that cause health issues) that form the basis for assessing potential health impacts of facility emissions.

DEQ must review and update the priority contaminant list and toxicity reference values every three years. In the Air Toxics Alignment Rules (OAR 340-247-0040) adopted in November 2021, DEQ re-scoped the Air Toxics Scientific Advisory Committee to provide input on future updates to TRVs. ATSAC will provide scientific input on inhalation TRVs that will inform DEQ, OHA, rules advisory committees, and the Environmental Quality Commission.

DEQ and OHA staff are undertaking an in-depth review of the contaminants on the priority list and TRVs. Agency staff will identify changes to recommend to the EQC which has oversight responsibility for DEQ and has authority to adopt DEQ rules.

rulemaking timeline

The Priority Toxic Air Contaminant List is a list of contaminants considered a priority for investigation in Oregon. Under the state's Cleaner Air Oregon program, industrial facilities must report their air emissions of these contaminants. A TRV is the concentration of a toxic air contaminant that may cause health problems when inhaled. The Priority List and TRVs may be used by DEQ programs including, but not limited to, Cleaner Air Oregon (OAR-340-245) and the Oregon State Toxic Air Contaminants Program (OAR-340-246).

For more background, read DEQ's Priority List and TRV Fact Sheet.​

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Every three years, the agencies review these values and conduct a rulemaking to update the TRVs. Existing TRVs are in Oregon Administrate Rule (OAR, 340-247-8010 Table 2). Currently, the agencies are preparing for the first triennial TRV review, developing tools to help with the review process, and asking for feedback on the process from the Air Toxics Science Advisory Committee  before we begin searching for specific TRV updates.

For more information, read Proposed TRV Update and Selection Process for ATSAC Review

​DEQ must review and update the priority contaminant list and toxicity reference values every three years; this is called a “triennial review." DEQ and OHA staff do an in-depth review of the contaminants on the priority list and TRVs and identify changes to recommend to the Environmental Quality Commission, which has oversight responsibility for DEQ and has authority to adopt DEQ rules. The Cleaner Air Oregon rules adopted by the EQC also give an option to members of the public to submit petitions to make changes to the list and TRV. DEQ and OHA welcome petitions for consideration during the update process. Petitions were due Nov. 2, 2022. DEQ and OHA are no longer accepting petitions at this time.

Learn more by visiting Petitions for DEQ Air Toxics Review web page,  

The petition process is currently closed. DEQ has received one petition. 

The Air Toxics Science Advisory Committee will review and provide feedback on inhalation toxicity reference values, or TRVs, proposed by DEQ. TRVs are used to assess health risk from toxic air contaminants in both the Cleaner Air Oregon and the Oregon State Air Toxics Program. The ATSAC members are appointed by the Environmental Quality Commission, and the committee consists of toxicologists, epidemiologists and chemists that are technically qualified and experienced in reviewing TRVs.

Learn more by visiting the ATSAC Website.  ​