Chapter 173-337 WAC: Safer Products Restrictions and Reporting (Cycle 1.5: PFAS)
Ecology proposes to revise Chapter 173-337 WAC: Safer Products Restrictions and Reporting to adopt restrictions and reporting requirements related to the intentional use of per- and polyfluoroalkyl substances (PFAS) in the following product categories.
The proposed rule restricts the intentional use of PFAS in:
- Apparel and accessories.
- Automotive washes.
- Cleaning products.
The proposed rule requires manufacturers to report the intentional use of PFAS in:
- Apparel for extreme and extended use.
- Footwear.
- Gear for recreation and travel.
- Automotive waxes.
- Cookware and kitchen supplies.
- Firefighting personal protective equipment (PPE).
- Floor waxes and polishes.
- Hard surface sealers.
- Ski waxes.
PFAS, known as “forever chemicals,” don’t break down in the environment. Some build up in species higher up in the food chain, such as humans and orcas. Many PFAS are linked to cancer, harm reproduction and development, and are toxic to fish. Nearly everyone in the United States has PFAS in their blood. Regulating PFAS in consumer products will reduce exposure to these chemicals.
The restrictions and reporting requirements in the proposed rule:
- Affect manufacturers, distributors, and retailers of the 12 product categories that operate in Washington State.
- Apply to covered consumer products sold online and in brick-and-mortar stores.
Rulemaking timeline
Announcement phase (CR-101)
Filing date:
Dec. 8, 2023
Announcement documents
Rule development phase
Dec. 2023 – Jan. 2025Public input & involvement
| Date | Materials | Location |
|---|---|---|
| Dec. 13, 2023 - 5:30 p.m. Dec. 14, 2023 - 9 a.m. |
Online webinar | |
| Aug. 14, 2024 - 9:30 a.m. | Online webinar | |
| Sept. 25, 2024 - 9:30 a.m. | Online webinar |
Informal public comment period
Informal public comment period: Sept. 18, 2024 (12:00 a.m. PT) to Oct. 16, 2024 (11:59 p.m. PT).
Preliminary draft rule
Rule proposal phase (CR-102)
June 4, 2025
- Proposal Notice CR-102 form
- Proposed rule language
- Preliminary Regulatory Analyses
- Draft SEPA Determination of Non-Significance and Environmental Checklist
For more information about this rulemaking, review the Overview: Safer Products Cycle 1.5 PFAS Rulemaking.
Comment period
Comments due July 20, 2025 at 11:59 p.m. PT
You can inform the final rule and rulemaking documents by:
- Submitting comments online starting June 4, 2025, at 12:00 a.m. PT until July 20, 2025, at 11:59 p.m. PT.
- Mail comments to Stacey Callaway, WA Department of Ecology, PO Box 47600, Olympia, WA 98504-7600. Submissions must be postmarked by July 20, 2025.
- Submitting verbal comments at an online public hearing (see below). You are welcome to attend both.
Information provided in a comment or attachment will be posted on the internet.
Public hearings
|
Date |
Event |
Presentation materials |
|
Wednesday July 9, 2025 at 5:30 p.m. PT |
Register for the online hearing To join via phone only, call 1-253-215-8782. Meeting ID: 835 4388 9123 |
Coming soon |
|
Thursday July 10, 2025 at 10:00 a.m. PT |
Register for the online hearing To join via phone only, call 1-253-215-8782. Meeting ID: 875 0074 5177 |
Coming soon |
We’re hosting public hearings to share information about the proposed rule, answer attendees’ questions, and record testimony. The hearing will conclude once attendees who want to provide testimony have the opportunity to do so. Written comments receive the same consideration as verbal testimony.
To request information in another language or format, contact Wayne Rysavy at SaferProductsWA@ecy.wa.gov by July 20, 2025, or Ecology’s ADA Coordinator at:
- Phone: 360-407-6831 (voice).
- TTY: 877-833-6341 or 711 relay service.
- Email: ecyadacoordinator@ecy.wa.gov.
Next steps
After the comment period, we will review comments, consider revisions to the proposed rule, and respond to comments.
Background (rulemaking cycles for Safer Products for Washington)
The Safer Products for Washington (SPWA) Program is a cyclical five-year process that we use to identify, assess and regulate classes of chemicals in consumer products. Each cycle includes four phases. Rulemaking is the fourth and final phase.
Cycle 1: Rule adopted on May 31, 2023
On May 31, 2023, we adopted Chapter 173-337 WAC – Safer Products Restrictions and Reporting (Cycle 1). The adopted rule went into effect July 1, 2023.
Cycle 1.5: Current rulemaking
We submitted the final Regulatory Determinations Report Cycle 1.5 Implementation Phase 3 to the Legislature on May 31, 2024. Read comments submitted on the draft report, published Dec. 6, 2023. We also started a rulemaking for Chapter 173-337 WAC (Cycle 1.5 PFAS) on Dec. 8, 2023.
Cycle 2: Future rulemaking
In May 2025, we published a report identifying priority chemicals for Cycle 2 of the Safer Products for Washington program. We’ll also continue working on chemical classes and specific products from Cycle 1.5 that require more research and look at 6PPD in motorized vehicle tires. We will adopt rules to implement the final regulatory determinations for Cycle 2 by June 2028.
Related links
Contact information
Wayne Rysavy
Communications Lead
SaferProductsWA@ecy.wa.gov
360-280-5799
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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.