California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 1 - Safe Drinking Water and Toxic Enforcement Act of 1986 › Article 3 - Science Advisory Board: Carcinogen Identification Committee and Developmental and Reproductive Toxicant (Dart) Identification Committee › Section 25306 - Chemicals Formally Identified by Authoritative Bodies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
				  section 25249.8(b) of the
				  Act, a chemical is known to the state to cause cancer or reproductive toxicity
				  if the lead agency determines that an authoritative body has formally
				  identified the chemical as causing cancer or reproductive toxicity, as
				  specified in this section.
(b) A
				  "body considered to be authoritative" is an agency or formally organized
				  program or group which utilizes one of the methods set forth in subsection (d),
				  for the identification of chemicals, and which the Carcinogen Identification
				  Committee has identified as having expertise in the identification of chemicals
				  as causing cancer or the DART Identification Committee has identified as having
				  expertise in the identification of chemicals as causing reproductive toxicity.
				  For purposes of this section, "authoritative body" means either a "body
				  considered to be authoritative" in the identification of chemicals as causing
				  cancer by the Carcinogen Identification Committee or a "body considered to be
				  authoritative" in the identification of chemicals as causing reproductive
				  toxicity by the DART Identification Committee. The Carcinogen Identification
				  Committee and the DART Identification Committee shall have the authority to
				  revoke or rescind any determination that a body is authoritative on the grounds
				  that the respective Committee no longer considers the body to have expertise in
				  the identification of chemicals as causing cancer or reproductive toxicity,
				  respectively, in which case chemicals listed pursuant to this section prior to
				  the effective date of the revocation shall remain on the list. Nothing in this
				  section shall be construed to limit or otherwise interfere with such
				  authority.
(c) The lead agency
				  shall determine which chemicals have been formally identified by an
				  authoritative body as causing cancer or reproductive toxicity.
(d) For purposes of this section a chemical
				  is "formally identified" by an authoritative body when the lead agency
				  determines that:
(1) the chemical has been
				  included on a list of chemicals causing cancer or reproductive toxicity issued
				  by the authoritative body; or is the subject of a report which is published by
				  the authoritative body and which concludes that the chemical causes cancer or
				  reproductive toxicity; or has otherwise been identified as causing cancer or
				  reproductive toxicity by the authoritative body in a document that indicates
				  that such identification is a final action; and
(2) the list, report, or document
				  specifically and accurately identifies the chemical, and has been:
(A) Reviewed by an advisory committee in a
				  public meeting, if a public meeting is required, or
(B) Made subject to public review and comment
				  prior to its issuance, or
(C)
				  Published by the authoritative body in a publication, such as, but not limited
				  to, the federal register for an authoritative body which is a federal agency,
				  or
(D) Signed, where required, by
				  the chief administrative officer of the authoritative body or a designee,
				  or
(E) Adopted as a final rule by
				  the authoritative body, or
(F)
				  Otherwise set forth in an official document utilized by the authoritative body
				  for regulatory purposes.