Section 323.2. Special hazardous substances

(a) Hazardous substances which are considered special hazardous substances because their particular toxicity, tumorigenicity, mutagenicity, reproductive toxicity, flammability, explosivity, corrosivity or reactivity pose a special hazard to health and safety. Only substances on the Hazardous Substance List in Appendix A which have the letter ‘‘S’’ are part of the Special Hazardous Substance List.

(b) The Department will evaluate the appropriateness of designing hazardous substances as special hazardous substances based on the following criteria:

(1) The substance shall be one which is on the Department’s Hazardous Substance List.

(2) The hazardous substance when present at concentrations of less than 1.0%, but greater than .01%, shall pose a special hazard to health and safety due to its toxicity, tumorigenicity, mutagenicity, reproductive toxicity, flammability, explosiveness, corrosivity or reactivity.

(3) Reliable, current and accurate scientific evidence shall demonstrate the elements of paragraph (2).

(c) A person may submit relevant scientific information to assist the Department in making its determination.