Timing is Critical The Department will not recommend revoking its current toxic program without dedicated funding.
If approved, Subchapter 42 will be effective October 1, 2005 (252:100-42-1.1). The new Subchapter 42 will supersede all parts of OAC 252:100-41 (252:100-42-1.1). Except: The federal requirements for HAP and Asbestos located in Sections 15 and 16 that incorporate by reference National Emission Standards for Hazardous Air Pollutants (NESHAP) found in 40 CFR Parts 61 and 63 and specific asbestos requirements will remain effective.
If new funding is not provided, the Department will maintain the toxics program as it currently exists in Subchapter 41. The Department will pursue revocation of Subchapter 42 before it goes into effect. Language is included in Subchapter 41 stating that the Subchapter will only remain effective if Subchapter 42 does not supersede it (252:100-41.1).
Summary Reconstructed state toxics program based on monitoring & public health Replaced a permit-based approach to toxics Recommend legislative funding -- Dollar a Day Rental Car Appropriation Alternative regulatory funding would be a fee on VOCs, HAPs & O Proposal to revoke regulatory funding if/when legislative funding is obtained.
Legislative Sponsors Senator Johnnie Crutchfield Representative Greg Piatt
DEQ The Air Quality Division Guardian to a Prairie Sky