The department shall classify an RTAP as a class II RTAP if it does not qualify as a class I regulated toxic air pollutant and meets at least one of the following criteria:

1. (a) Pursuant to RSA 125-I:2, XIV(b), it is a group C carcinogen, as described in “Guidelines for Carcinogen Risk Assessment,” 51 Federal Register 33,992, at 34,000 (Sept. 24, 1986);
2. (b) It is categorized as “Suggestive Evidence of Carcinogenic Potential” as described in EPA’s updated “Guidelines for Carcinogenic Risk Assessment,” 70 Federal Register 17765 to 17817, April 7, 2005;
3. (c) It is a category A3 carcinogen, as described in Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, published by the ACGIH;
4. (d) It has been demonstrated through at least one study conducted in accordance with generally accepted scientific principles that it is capable of inducing reproductive or developmental effects in experimental laboratory animals at doses greater than 500 mg/kg;

5. (e) It has an acute toxicity where the:

   1. (1) Oral LD50 is greater than 50 mg/kg but less than 500 mg/kg;
   2. (2) Inhalation LC50 is greater than 200 ppm but less than 2,000 ppm; or
   3. (3) Dermal LD50 is greater than 200 mg/kg but less than 1,000 mg/kg;
6. (f) It has been demonstrated through at least one study conducted in accordance with generally accepted scientific principles that it induces mutagenic effects; or
7. (g) It has been demonstrated through at least one study conducted in accordance with generally accepted scientific principles that it produces adverse chronic non-carcinogenic systemic effects.

Source. #6468-B, eff 3-5-97; ss by #6739-B, eff 5-8-98; ss by #7859, eff 4-11-03; ss and moved by #8278, eff 2-4-05 (from Env-A 1407.03); ss by #9601, eff 11-25-09; ss by #12443, eff 1-5-18; ss by #13334, eff 2-3-22 (formerly Env-A 1406.03)