Ill. Admin. Code tit. 35, § 302.520 - Regulation and Designation of Bioaccumulative Chemicals of Concern (BCCs)

a) For regulating BCCs in compliance with Sections 302.521 and 302.530, the following chemicals must be considered as BCCs:

1) any chemical or class of chemicals listed as a BCC in Section 302.501; and

2) any chemical or class of chemicals that the Agency has determined meets the characteristics of a BCC as defined in Section 302.501 as indicated by:

A) publication in the Illinois Register;

B) notification to a permittee or applicant; or

C) filing a petition with the Board to verify that the chemical must be designated a BCC.

b) Notwithstanding subsections (a)(2)(A) and (B), a chemical must not be regulated as a BCC if the Agency has not filed a petition, within 60 days after the publication or notification, with the Board in compliance with Section 28.2 of the Act to verify that the chemical must be designated a BCC.

c) Under subsection (b) and Section 302.570, if the Board verifies that a chemical has a human health bioaccumulation factor greater than 1,000 and is consistent with the definition of a BCC in 35 Ill. Adm. Code 302.501, the Board will designate the chemical as a BCC and list the chemical in Section 302.501. If the Board fails to verify the chemical as a BCC in its final action on the verification petition, the chemical must not be listed as a BCC and must not be regulated as a BCC in compliance with Sections 302.521 and 302.530.

Notes

Ill. Admin. Code tit. 35, § 302.520

Added at 22 Ill. Reg. 1356, effective December 24, 1997

Amended at 47 Ill. Reg. 4437, effective 3/23/2023