Ecology seeks feedback on rules to make products safer in Washington

The Washington Department of Ecology is looking for input on a proposal that will help protect consumers by regulating some chemicals used in everyday products.

The proposed rule would create new reporting requirements or restrictions on using these toxic chemicals in some common consumer products. These include:

• Per- and polyfluoroalkyl substances (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.

The proposed rule includes provisions for repair and replacement parts, refurbished products, and previously owned products. It would also implement regulatory actions reported to the Washington State Legislature in the June 2022 Regulatory Determinations Report.

Ecology’s Safer Products for Washington program focuses on minimizing toxic chemicals in everyday products by working with industry representatives, nonprofit groups, and members of the public to create restrictions on consumer products containing toxic chemicals when safer options are available. Safer Products for Washington works in cycles containing four phases—identifying priority chemical classes, identifying priority products, determining potential regulatory actions, and rulemaking to enact regulatory actions.

The department is currently in the fourth and final phase of the first cycle, and is requesting public feedback on its proposed rule through Feb. 5, 2023:

• Join one or both online public hearings in January to receive a briefing and have a chance to ask questions and provide formal testimony.
   
  • Wednesday, Jan. 18, 2023, at 10:00 a.m. PST
    • Join the Zoom meeting
    • Call in: 253-215-8782
    • Meeting ID: 870 8623 9384
       
  • Thursday, Jan. 19, 2023, at 5:30 p.m. PST
    • Join the Zoom meeting
    • Call in: 253-215-8782
    • Meeting ID: 881 5596 0286
       
• Provide feedback online by Feb. 5, 2023.
   
• Send written feedback via U.S. mail to: Safer Products for WA, Hazardous Waste and Toxics Reduction Program, Washington Department of Ecology, PO Box 47600, Olympia, WA 98504-7600 (letter must be postmarked by Feb. 5, 2023).

More information on the Safer Products for Washington program can be found online at ecology.wa.gov/saferproducts. Questions can be submitted via e-mail at saferproductswa@ecy.wa.gov.