Designation of Higher Hazard and Lower Hazard Substances

(1) The council shall designate substances as higher hazard substances, lower hazard substances, or may leave substances as otherwise uncategorized substances. The council shall designate no more than ten higher hazard substances and no more than ten lower hazard substances in any year. Any designation of a substance as a higher hazard or a lower hazard substance shall not take effect until the calendar year immediately following the year in which the designation is codified in 301 CMR 41.00. (2) In designating substances as higher hazard or lower hazard substances under 301 CMR 41.05(1), the council shall consult with the Toxics Use Reduction Institute and the Science Advisory Board.