Toxic Air Contaminant Program
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) 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.

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.