Pennsylvania Statutes Title 35 P.S. Health and Safety § 6024.901. Removal of additional toxic substances

(a) Regulations.--The department may propose to the Environmental Quality Board a regulation to remove additional toxic substances contained in packages or packaging components that it determines will pose a significant threat to public health or environment based on scientific and medical evidence and a risk assessment it performs. These additional substances may include, but need not be limited to, substances that are found to be carcinogenic or mutagenic.

(b) Risk assessment.--The risk assessment developed by the department must include a determination of whether the substance presents or will present an unreasonable risk to public health or the environment, utilizing a nationally recognized risk assessment protocol. This protocol should take into account the magnitude and severity of the harm as weighed against the benefits of the substance or mixture to society as well as the availability of substitutes for the substance or mixture and other adverse effects which such proposed action may have on society.

(c) Consultations and hearings.--Prior to recommending any additional toxic substances, the department shall consult with CONEG, the American Society for Testing and Materials, the United States Environmental Protection Agency and the Northeast Recycling Council of the Council of State Governments on the recommendation. The department shall also hold at least one public hearing on its recommendation prior to proposing a regulation to the Environmental Quality Board.