Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 670.000 - "Right To Know"
Section 670.010 - The Massachusetts Substance List

Universal Citation: 105 MA Code of Regs 105.670

Current through Register 1537, December 20, 2024

(A) Explanation. The Massachusetts Substance List is contained in 105 CMR 670.000: Appendix A. The Massachusetts Substance List contains those toxic or hazardous substances to which the provisions of M.G.L. c. 111F apply. Each of these substances has been added to the Massachusetts Substance List for one of the following three reasons:

(1) The substance appears on one of the source lists specified in 105 CMR 670.010(B); or

(2) The substance is a member of a generic category which appears on one of the source lists and the Commissioner has determined, after a rule making proceeding pursuant to M.G.L. c. 111F, § 4(e), that, based upon a preponderance of the evidence before the Commissioner in connection with such proceeding, substantial and valid scientific evidence exists that exposure to the substance may result in an acute or chronic risk to human health or safety; or

(3) The substance does not appear on any of the source lists and does not belong to a generic category which appears on any of the source lists, but the Commissioner has determined, after a rule making proceeding pursuant to M.G.L. c. 111F, § 4(g), that, based upon a preponderance of the evidence before the Commissioner in connection with such proceeding, substantial and valid scientific evidence exists that accidental exposure to the substance poses an acute or chronic risk to human health or safety.

(B) Source List. Any substance which appears on any of the following source lists shall be added to the Massachusetts Substance List:

(1) Substances found to have at least sufficient evidence of carcinogenicity in animals as indicated in monographs published by the International Agency for Research on Cancer (IARC).

(2)
(a) Substances designated as toxic or hazardous substances by the United States Occupational Safety and Health Administration and identified in 29 CFR 1910.1000 et seq. (Sub Part Z).

(b) Substances identified in "Occupational Health Guidelines for Chemical Hazards" published by the National Institute for Occupational Safety and Health.

(3) Substances listed in the most recent edition of the "Annual Report on Carcinogens" published by the National Toxicology Program of the United States Public Health Service.

(4) Substances for which a threshold Limit Value (TLV) has been established by the American Conference of Government Industrial Hygienists.

(5) Substances listed by the National Fire Protection Association in "Hazardous Chemicals Data" (NFPA 49).

(6) Substances listed by the National Fire Protection Association and rated II through IV as health hazards or rated III through VI as flammability or reactivity hazards in "Fire Hazard Properties of Flammable Liquids, Gasses, Volatile Solids" (NFPA 325 M).

(7) Substances listed as carcinogens by the Carcinogen Assessment Group of the United States Environmental Protection Agency.

(8) Pesticides which have been classified for restricted use by the United States Environmental Protection Agency pursuant to 40 CFR 162.30.

(9) Substances listed in a review by National Cancer Institute scientists published in the Journal of Toxicology and Environmental Health, 8:251-280, Tables 3 through 6, and in subsequent published reviews by National Cancer Institute scientists of substances which meet the criteria of the National Toxicology Program for significant carcinogenic effect. Following each entry on the Massachusetts Substance List is a number or numbers in parentheses which indicate(s) the source list(s) from which the entry is taken.

(C) Designation as Carcinogen, Mutagen, Teratogen or Neurotoxin.

(1) Carcinogens. Any substance shall be designated as a carcinogen on the Massachusetts Substance List if it appears in any of Source Lists (1), (3), (7) or (9) under 105 CMR 670.010(B); or if the Commissioner determines, based upon a preponderance of the substantial and valid scientific evidence reasonably available to the Commissioner, that exposure to the substance may pose a risk of cancer in humans.

(2) Mutagens. Any substance shall be designated a mutagen on the Massachusetts Substance List if the Commissioner determines, based upon a preponderance of the substantial and valid scientific evidence reasonably available to the Commissioner, that exposure to the substance may pose a risk of mutagenesis in humans.

(3) Teratogens. Any substance shall be designated a teratogen on the Massachusetts Substance List if the Commissioner determines, based upon a preponderance of the substantial and valid scientific evidence reasonably available to the Commissioner, that exposure to the substance may pose a risk of teratogenesis in humans.

(4) Neurotoxins. Any substance shall be designated as a neurotoxin on the Massachusetts Substance List if it is an organophosphate or carbamate pesticide; or if the Commissioner determines, based upon a preponderance of the substantial and valid scientific evidence reasonably available to the Commissioner, that exposure to the substance may pose a risk of neurotoxic effects in humans.

(D) Concentration Limits for Extraordinarily Hazardous Substances. An extraordinarily hazardous substance shall be deemed to be present in a mixture if the concentration of such substance is greater than one milligram per kilogram (i.e., greater then one part per million).

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