Section 323.5. Automatic additions to Hazardous Substance List

(a) Chemicals not listed in Appendix A which appear in future compilations or issues of the following lists will automatically be added to the Hazardous Substance List in Appendix A upon publication of a notice of the automatic additions in the Pennsylvania Bulletin.

(1) Federal Environmental Protection Agency (EPA) list of toxic pollutants and hazardous substances prepared under sections 307 and 311 of the Federal Clean Water Act of 1977 (33 U.S.C.A. § § 1317 and 1321).

(2) EPA list of hazardous air pollutants prepared under section 112 of the Federal Clean Air Act (42 U.S.C.A. § 7412).

(3) EPA list of restricted use of pesticides found at 40 CFR 162.30 (relating to optional procedures for classification of pesticide uses by regulation).

(4) EPA Carcinogen Assessment Group’s List of Carcinogens.

(5) OSHA list of toxic and hazardous substances found in 29 CFR Part 1910, Subpart Z (relating to toxic and hazardous substances).

(6) International Agency for Research on Cancer sublist, entitled ‘‘Sufficient Evidence of Carcinogenicity in Animals.’’

(7) National Toxicology Program’s list of substances published in their latest Annual Report on Carcinogens.

(8) National Fire Protection Association list found in ‘‘Hazardous Chemicals Data (NFPA 49).’’

(9) National Fire Protection Association list found in ‘‘Fire Hazard Properties of Flammable Liquids, Gases, Volatile Solids (NFPA 325M),’’ but only substances found on sublists for health items, categories 2, 3 and 4; sublist for reactivity items, categories 3 and 4; and sublists for flammability, categories 3 and 4.

(10) American Conference of Governmental Hygienists list found in ‘‘Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace.’’

(11) National Cancer Institute sublist, entitled ‘‘Carcinogens Bioassays with at Least Evidence Suggestive of Carcinogenic Effect,’’ but including only substances which satisfy criteria of the National Toxicology Program indicating significant carcinogenic effect.

(b) The Department will annually submit to the Legislative Reference Bureau for recommended publication as a notice in the Pennsylvania Bulletin a recompilation of Appendix A, containing additions and deletions made under § 323.4 (relating to additions and deletions to the Hazardous Substance List) and this section.

Notation

Cross References

This section cited in 34 Pa. Code § 323.4 (relating to additions and deletions to the Hazardous Substance List).