(1) The department must petition the United States environmental protection agency to reassess its regulations on excluded manufacturing processes from prohibitions on manufacturing, processing, distribution in commerce, and use of PCBs and PCB items under 40 C.F.R. Sec. 761.3 for the purpose of eliminating or reducing the presence of PCBs in consumer products. (2) In petitioning the United States environmental protection agency, the department must include legislative findings in section 1, chapter 399, Laws of 2023 and information on: (a) Health effects of PCBs; (b) Release and exposure of PCBs including, but not limited to, concentrations of PCBs measured in consumer products and in state waters, soils, and fish tissue; (c) Safer alternatives for consumer products that contain PCBs, including the availability and feasibility of alternatives; and (d) Other relevant data or findings as determined by the department. (3) The department is not required to generate new data and may use previously compiled data and findings developed in the performance of duties under this section. (4) The department may consult with the department of health and other relevant state agencies in developing the petition under this section. (5) To the extent practicable, the department must seek completion of the petition review by January 1, 2025. [ 2023 c 399 s 2.]
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