(2) If the Environmental Quality Commission adopts a program and rules pursuant to ORS 468A.337 or a pilot program pursuant to ORS 468A.339, the programs and rules and their applicability to any air contamination source described in this section do not create a new standard of care or otherwise alter an existing standard of care for imposing liability in any private action. [2018 c.102 §6]

Note: Sections 1, 7, 8, 11 and 12, chapter 102, Oregon Laws 2018, provide:

Sec. 1. Sections 2 to 7 [468A.335 to 468A.343], 13 [468A.345], 14 and 16 of this 2018 Act are added to and made a part of ORS chapter 468A. [2018 c.102 §1]

Sec. 7. Benchmarks for excess noncancer risk for existing air contamination sources; rules. (1) Notwithstanding section 2 (2)(b) of this 2018 Act [468A.335 (2)(b)], the Department of Environmental Quality may regulate an existing air contamination source pursuant to section 3 [468A.337] or 4 [468A.339] of this 2018 Act based on a benchmark for excess noncancer risk that is adjusted to equal a Hazard Index number other than 5, if the department determines that the existing air contamination source emits a material amount of one or more toxic air contaminants that are identified by the Environmental Quality Commission by rule to be toxic air contaminants that are expected to have:

(a) Developmental human health effects associated with prenatal or postnatal exposure; or

(b) Other severe human health effects.

(2) The adjusted benchmark for excess noncancer risk applicable to an air contamination source described in subsection (1) of this section may be equal to a Hazard Index number determined by the department based on standards and criteria set forth by the commission in rule, but may be no less than a Hazard Index number of 3.

(3)(a) The commission shall adopt rules necessary to implement this section. The rules must, at a minimum:

(A) Identify toxic air contaminants for which the department may apply an adjusted benchmark for excess noncancer risk under subsection (1) of this section; and

(B) Establish standards and criteria for determining the degree to which the department may adjust the benchmark for excess noncancer risk applicable to an individual air contamination source described in subsection (1) of this section.

(b) Before adopting rules under this section, the commission shall establish and consider the recommendations of an advisory committee composed, at a minimum, of persons with technical expertise in toxic air contaminant risk assessment. [2018 c.102 §7]

Sec. 8. Section 7 of this 2018 Act is repealed on January 1, 2029. [2018 c.102 §8]

Sec. 11. Report. The Department of Environmental Quality shall report to the interim committees of the Legislative Assembly related to the environment, no later than September 15, 2026, on the costs and benefits of regulating existing air contamination sources based on the benchmark for excess noncancer risk as defined in section 2 of this 2018 Act [468A.335] and based on any adjusted benchmarks for excess noncancer risk that have been applied to existing air contamination sources pursuant to section 7 of this 2018 Act. The report may include recommendations for legislation. [2018 c.102 §11]

Sec. 12. Section 11 of this 2018 Act is repealed January 2, 2027. [2018 c.102 §12]