ORS 468A.343
Public meetings
- private actions
(1)
The Department of Environmental Quality shall hold any public meeting required by rules adopted pursuant to ORS 468A.335 (Definitions) to 468A.343 (Public meetings) and section 7, chapter 102, Oregon Laws 2018. At least one representative of a person in control of an air contamination source for which a permit or plan will be discussed at a public meeting required by a rule adopted under ORS 468A.335 (Definitions) to 468A.343 (Public meetings) and section 7, chapter 102, Oregon Laws 2018, must appear at the meeting.(2)
If the Environmental Quality Commission adopts a program and rules pursuant to ORS 468A.337 (Individual air contamination source program) or a pilot program pursuant to ORS 468A.339 (Pilot program), 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](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)
Intentionally left blank —Ed.(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]
Source:
Section 468A.343 — Public meetings; private actions, https://www.oregonlegislature.gov/bills_laws/ors/ors468A.html.
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