06-096 C.M.R. ch. 880, § 2 - List of chemicals of concern

A. Revision. The department may periodically review and revise the list of chemicals of concern and may add chemicals if, in the judgment of the Maine CDC, the chemical has been identified by an authoritative governmental entity on the basis of credible scientific evidence as being:

(1) A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor;

(2) Persistent, bioaccumulative and toxic; or

(3) Very persistent and very bioaccumulative.

B. Removal by petition. A person may petition the department to remove a chemical from the list. The department, in concurrence with the Maine CDC, may grant a petition if the person demonstrates to the satisfaction of the department that the chemical meets one or more of the following:

(1) Does not meet the criteria for listing under paragraph A;

(2) Is used solely in an item that is not a consumer product; or

(3) Is used solely in a consumer product that is exempt under 38 MRSA §1697 of statute.

Upon receipt of a petition under this subsection, the department shall notify interested persons and provide an opportunity for review and comment on the evidence submitted by the petitioner. The department shall make a determination within 180 days of receipt of the petition and notify interested persons of the basis for its decision. If the petition is granted, the department shall immediately remove the chemical from the list.

Notes

06-096 C.M.R. ch. 880, § 2