OAR 340-244-0050: General Provisions for Stationary Sources: Amending the List of Hazardous Air Pollutants

(1) Any person may file a petition with the Department to amend the HAP List. The petition must include at least the following information: (a) Name and chemical abstract service number of the substance; (b) Quantity of the substance used and released in Oregon; (c) Sources or source categories emitting the substance; (d) Potential adverse effects of the substance on public health and the environment; (e) Potential exposure pathways; and (f) Uncertainties in the data provided. (2) The Department shall present this information, or other information that the Department may develop, to the Commission which will consider it along with the best available scientific information developed by the EPA, the Oregon Health Division, other states, other scientific organizations, or by any person. (3) The Commission shall amend the HAP list if: (a) It finds there is a scientifically defensible need to add a substance not on the EPA list to protect the public health or environment; (b) A chemical is added to the list by the EPA; (c) A substance is deleted from the list by the EPA and the Commission finds that the substance can be deleted without causing harm to public health or the environment; or (d) A substance has previously been added to the list by the Commission but not by the EPA, and the Commission finds that the substance can be deleted without causing harm to public health or the environment.