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.

(Source:  Amended at 47 Ill. Reg. 4437, effective March 23, 2023)