Chapter 173-337 WAC – Safer Products Restrictions and Reporting

The Washington Department of Ecology proposes a new rule, Chapter 173-337 WAC – Safer Products Restrictions and Reporting. This new chapter aims to reduce toxic chemicals in consumer products and implements Chapter 70A.350 RCW. Ecology started the second phase of this rulemaking which opens the formal public comment period.

This rulemaking proposes to:

  • Implement regulatory actions reported to the Washington State Legislature in June 2022. Review the Final Regulatory Determinations Report.
  • Create reporting requirements or restrictions that apply to priority consumer products that contain priority chemicals. These include:
    • PFAS in aftermarket stain- and water-resistance treatments, carpets and rugs, and leather and textile furnishings.
    • Ortho-phthalates in personal care products (fragrances) and vinyl flooring.
    • Organohalogen flame retardants in electric and electronic products.
    • Flame retardants (as defined in RCW 70A.350.010) in recreational polyurethane foam.
    • Phenolic compounds in laundry detergent, food and drink can linings, and thermal paper.
  • Include provisions for repair and replacement parts, refurbished products, and previously owned products.

Rulemaking timeline

Timeline

Announcement phase (CR-101)

Filing date:
Nov. 17, 2021


Announcement documents

Rule development phase

Jun. 2022 - Nov. 2022



Public input & involvement

Date  

Materials  

Location  

Jun. 28, 2022, at 10 a.m.

Jun. 29, 2022, at 5:30 p.m.

Presentation and attendee feedback   

Webinar  

Aug. 16, 2022, at 9 a.m.

Aug. 18, 2022, at 5:30 p.m.

Preliminary draft rule – Overview   

Preliminary draft rule   

Electric and electronic products draft resource   

Presentation and attendee feedback   

Webinar  

Ecology’s past informational meetings about the report:

Rule proposal phase (CR-102)

Filing date:
Dec. 7, 2022

Rule proposal documents:

Comment period

Comments due Feb. 5, 2023.
Comments are due by 11:59 p.m. PST on February 5, 2023. See above for documents related to the Proposal Phase of the rulemaking.

You can submit comments through one or more of the following ways:

  • Submit comments online.
  • Mail to: Safer Products for WA
    For standard U.S. Mail:
    Department of Ecology
    Hazardous Waste and Toxics Reduction Program
    Safer Products for WA
    PO BOX 47600
    Olympia, WA 98504-7600
    For Parcel Service:
    Department of Ecology
    Hazardous Waste and Toxics Reduction Program
    Safer Products for WA
    300 Desmond Dr SE
    Lacey, WA 98503
  • Attend a Public Hearing – see below

Each hearing includes a brief presentation about the proposed rule, a question-and-answer session, and an opportunity to provide formal testimony. The hearing will conclude once everyone who wants to provide testimony can do so.

Date

Time

Location

Wednesday, January 18, 2023

10 a.m. PST

Online hearing. For audio only, call 253-215-8782 and enter meeting ID 870 8623 9384.

Thursday, January 19, 2023

5:30 p.m. PST

Online hearing. For audio only, call 253-215-8782 and enter meeting ID 881 5596 0286.

Ecology will accept comments through the webinar. We recommend you provide your phone number when you join the event to receive a free call back from the system.

Any information (e.g., personal or contact) you provide may be publicly disclosed and posted on the internet.

To request ADA accommodations, contact Ecology’s ADA Coordinator by Jan. 13, 2023 at:

Additional languages

Español (Spanish) 中文 (Chinese) Tiếng Việt (Vietnamese) 한국어 (Korean)

Accessibility

To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.