Or. Admin. Code § 333-016-2030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-016-2030 - Modifications to the List of High Priority Chemicals of Concern for Children's Health

(1) The Oregon Health Authority (Authority) shall consider adding a chemical to the list of high priority chemicals of concern for children's health in OAR 333-016-2020 if the chemical:

(a) Has been added to any of the following:

(A) Washington's list of Chemicals of High Concern to Children (WAC 173-334-130);

(B) Maine's list of Chemicals of High Concern (Maine law 38 § 1693-A(2));

(C) Minnesota's list of Chemicals of High Concern (Minn. Stat. 2010 116.9401 - 116.9407);

(D) Vermont's list of Chemicals of high concern to children (18 V.S.A. chapter 38A § 1773);

(b) Is currently or subsequently identified by the United States Environmental Protection Agency (USEPA) as being "carcinogenic to humans", or "likely to be carcinogenic to humans" through USEPA's Integrated Risk Information System;

(c) Has been or is subsequently found to have a reference dose or reference concentration based on neurotoxicity through USEPA's Integrated Risk Information System;

(d) Is currently or subsequently identified in monographs on the Potential Human Reproductive and Developmental Effects, United States Office of Health and Human Services National Toxicology Program, Office of Health Assessment and Translation as a reproductive or developmental toxicant; or

(e) Is currently or subsequently identified by the Centers for Disease Control and Prevention in its National Report on Human Exposure to Environmental Chemicals.

(2) The Authority may, in its discretion, include a class of chemicals or subclass of chemicals on the list of high priority chemicals of concern for children's health, in accordance with ORS 431A.255(1)(b). In making a decision whether to include a class or subclass of chemicals in the list, the Authority will consider the provisions in section (1) of this rule.

(3) The Authority shall also consider adding a chemical to the list of HPCCCHs in OAR 333-016-2020 if that the chemical, on or after the effective date of these rules:

(a) Is found to have the potential, as demonstrated by credible, peer-reviewed scientific evidence to:

(A) Harm the normal development of a fetus or child or cause other developmental toxicity;

(B) Act as a carcinogen;

(C) Cause genetic damage or reproductive harm;

(D) Disrupt the endocrine system;

(E) Damage the nervous system, immune system or organs;

(F) Cause other systemic toxicity;

(G) Be a very persistent toxic substance by having a half-life greater than or equal to one of the following:

(i) A half-life in soil or sediment of greater than one hundred eighty days.

(ii) A half-life greater than or equal to sixty days in water or evidence of long-range transport; or

(H) Be a very bioaccumulative toxic substance by having a bioconcentration factor or bioaccumulation factor greater than or equal to five thousand, or if neither are available, having a log Kow greater than 5.0; and

(b) Has been found through:

(A) Biomonitoring to be present in human blood, umbilical cord blood, breast milk, urine or other bodily tissues or fluids;

(B) Sampling and analysis to be present in household dust, indoor air, drinking water or elsewhere in the home environment; or

(C) Monitoring to be present in fish, wildlife or the natural environment.

(4) The Authority may remove a chemical, class or subclass of chemicals from the list if the Authority determines that:

(a) The chemical, class or subclass of chemicals is no longer being used in children's products; or

(b) The chemical, class or subclass of chemicals has been removed from any of the lists identified in subsection (1)(a) through (e) of this rule.

(5) The list of HPCCCHs in OAR 333-016-2020 may only be modified by following the Administrative Procedures Act rulemaking process.

Or. Admin. Code § 333-016-2030

PH 29-2015, f. 12-29-15, cert, ef.1/1/2016; PH 9-2021, amend filed 02/28/2021, effective 3/1/2021; PH 56-2023, amend filed 12/15/2023, effective 1/1/2024

Statutory/Other Authority: ORS 413.042 & ORS 431A.255

Statutes/Other Implemented: ORS 431A.255