Regulation and Designation of Bioaccumulative Chemicals of Concern (BCCs)

Section 302 Section 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.