The Washington State Department of Ecology issued a Preliminary Draft Rule for a potential new chapter (Chapter 173-337 Washington Administrative Code [WAC], Safer Products Restrictions and Reporting). This rule includes restrictions and reporting requirements for the programs first implementation cycle. Comments will be accepted and used to write the formal draft rule and released in December 2022.

SUMMARY：

PFAS:

(1) Aftermarket stain- and water-resistance treatments: Restricted (no intentionally added) effective Jan 1, 2025; 

(2) Carpets and rugs: Restricted (no intentionally added) effective Jan 1, 2025;

(3) Leather and textile furniture and furnishings intended for indoor use: Restricted (no intentionally added) effective Jan 1, 2026;

(4) Leather and textile furniture and furnishings intended for outdoor use: Reporting effective Jan. 1, 2024.

Product manufactured before restriction effective dates is exempt.

Department of Ecology presumes total fluorine indicates intentional addition of PFAS. Manufacturers may rebut this presumption by submitting a statement to Ecology with required information.

Ortho-phthalates:

(1) Fragrances in beauty products and personal care products: Restricted (no intentionally added) effective Jan 1, 2025;

(2) Vinyl flooring: Restricted (1000 ppm) effective Jan 1, 2025. 

Product manufactured before effective date is exempt.

Flame Retardants:

(1) Plastic external enclosures of electric and electronic products intended for indoor use: Effective Jan. 1, 2025 for large and small businesses who manufacture and sell TVs and electronic displays. For all other applicable consumer goods: effective Jan. 1, 2026 for large businesses and Jan. 1, 2027 for small businesses (Restricts: 1000 ppm of any intentionally added individual organohalogen flame retardant (FR) and 1500 ppm for combined FRs);

(2) Plastic external enclosures of electric and electronic products intended for outdoor use: Effective Jan. 1, 2025 for large and small businesses who manufacture and sell TVs and electronic displays. For all other applicable consumer goods: effective Jan. 1, 2026 for large businesses and Jan. 1, 2027 for small businesses (Restricts: 1000 ppm of any intentionally added individual organohalogen flame retardant (FR) and 1500 ppm for combined FRs);

(3) Recreational covered wall padding made from polyurethane foam: Reporting Jan. 1, 2024 for product with organohalogen FR and organophosphate FR (EHDPP, TNBP, TCP, TPP);

(4) Other recreational products made from polyurethane foam: As of Jan. 1, 2025 restriction of 1000 ppm, individually or combination of organohalogen FR and organophosphate FR (EHDPP, TNBP, TCP, TPP)

Exemptions include product manufactured before effective dates, plastic external parts that weigh < 5 g, inaccessible components (circuit boards and internal fans), wires, cords, cables, switches, light bulbs, connectors, screens, etc.

Exempts product manufactured before effective date.  The same restrictions include Br, Cl, and F as listed above for electronic goods.

Alkylphenol ethoxylates (APEOs):

(1)   Laundry detergent: Restricts any APEOs 1000 ppm individually or combined by Jan. 1, 2025.

Exempts product manufactured before effective date.

Bisphenols:

(1) Drink can linings: restricts any amount by Jan. 1, 2025, excluding TMBPF;

(2) Food can linings: reporting effective Jan. 1, 2024;

(3) Thermal paper: restricts 200 ppm by Jan. 1, 2025.

Restriction exemptions include product manufactured before effective dates.

URL:

https://www.ezview.wa.gov/Portals/_1962/Documents/saferproducts/PreliminaryDraftRuleLanguage_Cycle1_August2022.pdf

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