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Toxic Air Contaminant Program
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Control
(Risk Management) |
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Based on the evaluation, the Director of the DPR determines
whether the candidate is a toxic air contaminant. If
the Director determines the pesticide meets the criteria,
DPR designates the pesticide a toxic air contaminant
in regulation, and adds it to the toxic air contaminant
list. The law also requires DPR to administratively
designate pesticides as toxic air contaminants if they
are substances listed as Hazardous
Air Pollutants (HAPs) (link opens in new browser
window) under section 7412 of Title 42 of the United
States Code.
Once a pesticide has been designated a toxic air contaminant,
it enters the control, or mitigation, phase. In the
mitigation phase, DPR investigates the need for, and
appropriate degree of, control for the toxic air contaminant.
If reductions in exposure are needed, DPR must develop
control measures to reduce emissions to levels that
adequately protect public health. DPR must use the best
practicable control techniques available. For pesticides
designated through the evaluation process, DPR develops
control measures in consultation with the Air Resources
Board, the Office of Environmental Health Hazard Assessment,
the Department of Food and Agriculture, agricultural
commissioners, and air pollution control districts.
Control measures may be implemented by several methods,
including statewide regulations, local permit conditions,
and product cancellation, to name a few. DPR and other
organizations may conduct monitoring or data analysis
to determine the necessity or effectiveness of control
measures.
Implementing control measures under the toxic air
contaminant program is methodical and time-consuming.
DPR may use other legal authority to implement control
measures, particularly for pesticides that pose an immediate
health threat.
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