Chemicals of High Concern List
INTRODUCTION
Maine’s law on Toxic Chemicals in Children’s Products [ 1] directs the Maine Department of Environmental Protection (DEP) in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention (CDC) to publish a list of Chemicals of High Concern by January 1, 2010. 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 known as:
- A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor;
- Persistent, bioaccumulative and toxic; or
- Very persistent and very bioaccumulative
DEP is required to review the list of Chemicals of High Concern at least every three years. The department may further periodically review and revise the list of Chemicals of High Concern. Current plans are to review the list annually and update it as appropriate in consultation with a Maine CDC toxicologist.
The definition of Chemicals of High Concern does not consider whether it is in a children’s product or exempted under other sections of the statute. Therefore chemicals may be listed as a Chemical of High Concern that cannot be considered for subsequent action in the statute such as priority chemical disclosure or a sales prohibition. Some of the exemptions that apply to other parts of the statute but not to the definition of Chemicals of High Concern include:
- A food or beverage or an additive to a food or beverage;
- A container or packaging for a food or beverage, unless that product is intentionally marketed or intended for the use of children under 3 years of age;
- A tobacco product;
- A paper or forest product;
- A pesticide regulated by the federal Environmental Protection Agency and
- A drug or biologic regulated by the federal Food and Drug Administration.
Inclusion on the list of Chemicals of High Concern does not restrict its use in commerce in Maine. The list identifies chemicals that DEP and CDC will look at to further determine at least two priority chemicals by Jan 1, 2011. DEP has the authority to remove a chemical from the list of Chemicals of High Concern, if it finds that the chemical is not used in a children’s product, and therefore is not subject to regulation under Toxic Chemicals in Children’s Products. This is an optional authority that the department is not choosing to exercise at this time.
List of acronyms.
Maine List of Chemicals of High Concern (CHC) posted June 2009
Available in multiple formats and linked below.
CHC list searchable web format. Approximately 1700 chemical entries. (NOTE: the statutory definition of chemical includes single substances and groups of structurally related substances). Searchable by Chemical Abstracts Service (CAS) number or chemical name and includes the hazard/endpoint of the chemical. Chemicals groups such as “lead compounds” do not have CAS numbers.
Notations are provided for Chemicals of High Concern that were identified as:
- Controlled Substances: Some Chemicals of High Concern such as heroin are controlled substances (CS) under Maine Criminal Code Schedules W, X and Y. They have been notated as a convenience. The department was assisted by a State of Maine forensic chemist in identifying some of these substances. http://www.mainelegislature.org/legis/statutes/17-A/title17-Asec1102.html
- Pesticides: Some Chemicals of High Concern may have some or all uses that are regulated by federal EPA (FIFRA) as pesticides. EPA regulated pesticides are exempt from disclosure requirements in the statute and the sales prohibition. They are not exempt from the definition of a Chemical of High Concern. Pesticide notation is provided within the Chemicals of High Concern list as a convenience and is based on information from staff at the Board of Pesticides Control:
- P= Pesticide
- PM= Pesticide Metabolites
- P(NR)= Pesticide that was not federally registered as of December 2008,
- *=
- Zinc chromates including zinc potassium chromate are not pesticides except for; Copper - zinc - chromate complex was CAS# 1344-74-7
- Lead compounds are not pesticides except for lead arsenate and lead acetate
- Nickel compounds are not pesticides except for sulfate hexahydrate and 2-Alkyl*-1-(2-aminoethyl)-2-imidazoline acetate - nickel sulfate complex
- Note on drugs and biologics: The Chemicals of High Concern list contains many chemicals that are likely regulated by FDA as drugs and biologics such as “tetracycline”. They meet the definition of Chemicals of High Concern but are exempt from other statute requirements such as disclosure and the sales prohibition. Notation for convenience is not provided due to lack of an available (free) resource that would allow determination of those FDA regulated chemicals by CAS number.
PDF format. Same list as above but in PDF format. Note if printing: 83 pages long, letter size paper, landscape orientation.
CHC detailed list Excel format. Chemicals of High Concern detailed list in an Excel spread sheet that provides additional chemical specific detail. Same list as above with additional information on the hazard/endpoint and identification of originating list/s. Also included is:
- Appendix A (Excel Format only): entries from the originating government lists for Chemicals of High Concern that are not chemicals as defined in the statute. Examples include “solar tanning beds and chimney sweeping”. This information is provided for transparency purposes.
Please Note: This spreadsheet was created in Microsoft Office Excel 2003 and is intended for basic find/search functions. In order to make formatting changes or further manipulate the information, it is recommended that you save the Excel file to your computer (right-click the link and choose "Save..." from the menu) and open with Microsoft Office Excel 2003, or later. This Excel sheet may not function as intended in older versions of Excel.
If printing: Chemicals of High Concern detailed list is 88 pages long, ledger size paper, landscape orientation.
CHEMICALS OF HIGH CONCERN LIST (CHC) BACKGROUND INFORMATION
CHC Background Information [Word]
Narrative information and a table on each of the originating government source lists and the process used to compile the Maine List of Chemicals of High Concern. This document was prepared under the direction of a Maine CDC toxicologist who recommended the authoritative government lists and the categories of chemicals from those lists.
Note if downloading: 11 pages long, letter size paper, portrait orientation.
ACKNOWLEDGEMENTS
Maine DEP and Maine CDC thank the following individuals for their contributions to the development of the list of Chemicals of High Concern
- Jessica Schifano, Masters candidate in law and public health, DEP Intern 2008
- Lebelle Hicks PhD, Maine Board of Pesticides Control toxicologist
- Christopher P. Montagna, MS, MPA, Maine Health & Environmental Testing Laboratory, Forensic Section Chief Chemist
For additional information contact:
Maine Department of Environmental Protection
Ginger Jordan-Hillier
