Section 096-81-3 - Designation of Priority Toxic ChemicalsA.Initial list. As directed in the T.U.R. Law, §2323, the department hereby establishes a list of priority toxic chemicals to include the following: (4) Perchloroethylene; andB.Criteria for listing. Under the T.U.R. Law, §2323(1)(A), a chemical may be included on the list only if it has been identified on the basis on credible scientific evidence authoritative by the department, as being known as or reasonably anticipated to be: (1) A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor;(2) Persistent, bioaccumulative and toxic; or(3) Very persistent and very bioaccumulative. These criteria are identical to the criteria for designation of chemicals of high concern under the T.C.C.P. Law, 38 M.R.S. §1693. Each of the chemicals listed under subsection 3(A) of this rule appears on the list of chemicals of high concern published by the department under the T.C.C.P. Law. The department may also consider the extent to which a chemical of high concern is regulated by the Federal Government or an agency of the State if, as part of its regulation, the State or Federal agency requires information required under Section 2A and Section 3 of 06-096 Chapter 82.
NOTE: To view the full list of chemicals of high concern, go to www.maine.gov/dep/oc/safechem/index.htm.
C.Other factors considered. Under the T.U.R. Law, §2323, the department may consider the following factors, in addition to the criteria of subsection 3(B) of this rule, in determining whether to include a chemical on the list of priority toxic chemicals:(1) There is a risk of worker exposure to these chemicals;(2) There is a threat posed to human health and the environment from the use of these chemicals;(3) There is a threat to the health and safety of a community if these chemicals are released accidentally;(4) There is a pervasiveness of these chemicals' use in the State; and(5) There is the existence of reasonably available safer alternatives to these 4. The Department must review and/or revise the list of priority toxic chemicals at least every three years, and may add to, or remove, a chemical from the listing based upon criteria in 3(B) and 3 (C) of this rule. 06- 096 C.M.R. ch. 81, § 3