1. Criteria. By January 1, 2010, the department, in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, shall publish a list of chemicals of high concern, referred to after September 1, 2011 as "the list of chemicals of concern." A chemical may be included on the list only if it has been identified by an authoritative governmental entity on the basis of credible scientific evidence as being: A. A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor; [PL 2011, c. 319, §3 (RPR).] B. Persistent, bioaccumulative and toxic; or [PL 2011, c. 319, §3 (RPR).] C. Very persistent and very bioaccumulative. [PL 2011, c. 319, §3 (RPR).] [PL 2011, c. 319, §3 (RPR).] 2. Revisions. By January 1, 2012, the department, with input from interested persons and with the concurrence of the Department of Health and Human Services, Maine Center for Disease Control and Prevention, shall remove any chemical from the list published pursuant to subsection 1 that it finds is: A. Used solely in an item that is not a consumer product, including, but not limited to, a food or beverage, drug or biologic, paper or forest product or pesticide; or [PL 2011, c. 319, §3 (NEW).] B. Used solely in a consumer product that is exempt from the requirements of this chapter pursuant to section 1697. [PL 2011, c. 319, §3 (NEW).] The department may periodically review and revise the list published pursuant to subsection 1. The department may add chemicals to the list if, in the judgment of the Department of Health and Human Services, Maine Center for Disease Control and Prevention, the chemical meets one or more of the criteria in subsection 1. [PL 2011, c. 319, §3 (RPR).] 3. Removal by petition. A person may petition the department to remove a chemical from the list published pursuant to subsection 1. The department, in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, may grant a petition if the person demonstrates to the satisfaction of the department that the chemical: A. Does not meet the criteria for listing pursuant to subsection 1; or [PL 2011, c. 319, §3 (NEW).] B. Meets the criteria for removal from the list pursuant to subsection 2. [PL 2011, c. 319, §3 (NEW).] Upon receipt of a petition under this subsection, the department shall notify interested persons and provide an opportunity for review and comment on the evidence submitted by the petitioner. The department shall make a determination within 180 days of receipt of the petition and notify interested persons of the basis for its decision. If the petition is granted, the department shall immediately remove the chemical from the list published pursuant to subsection 1. [PL 2011, c. 319, §3 (NEW).]
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