Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 880 - REGULATION OF CHEMICAL USE IN CHILDREN'S PRODUCTS
Section 096-880-4 - Designation of priority chemicals
Current through 2024-13, March 27, 2024
A. Purpose of designation. This section authorizes the commissioner to designate one or more chemicals of high concern as a priority chemical. The designation of a priority chemical serves one or more of the following purposes:
The designation of a priority chemical does not constitute a determination that the designated chemical poses a greater risk to children than other chemicals on the list of chemicals of high concern. The commissioner may designate any chemical on the list of chemicals of high concern as a priority if at least one of the criteria under paragraph B(2) is met.
B. Prerequisites for designation. The commissioner may designate a priority chemical if the commissioner finds there is credible scientific evidence, in concurrence with the Maine CDC, that:
C. Scope of review. The department recognizes that all chemicals on the list of chemicals of high concern are likely to meet the prerequisites for designation as priority chemicals. The department further recognizes that the resources available to the department to investigate priority chemicals are limited. When determining whether to designate a priority chemical, the commissioner shall consider all available and relevant evidence related to the need for and appropriateness of regulatory action by the State including but not limited to:
D. Designation by rule required. When designating a priority chemical, the commissionershall do so by adoption of a routine technical rule in accordance with the rulemaking requirements of the Maine Administrative Procedures Act, 5 MRSA §§8001 through 8064. The rule, or the basis statement to the rule, must:
NOTE: The term "basis statement" as used in this subsection refers to the written statement explaining the factual and policy basis for the rule. The Maine Administrative Procedures Act requires state agencies to adopt such a statement at the time of adoption of any rule. See 5 MRSA §8052(5).
NOTE: This rule seeks to minimize the burden of disclosure on product manufacturers and distributors by: i) requiring the department, in the text of the rule designating a priority chemical, to state with specificity the information it seeks from manufacturers and distributors; and ii) authorizing the department, when adopting such a rule, to waive the submission of chemical use information that otherwise would be required under the law [see 38 MRSA §1695(1) ] if it determines the information already is available or otherwise is not needed. The department recognizes that it is unlikely to need the same type and range of information for each priority chemical and therefore intends, by this rule, to enable the scope of the required disclosure to be determined on a chemical by chemical basis, including, if appropriate, a threshold concentration below which reporting will not be required.