Chapter 173-337 WAC: Safer Products Restrictions and Reporting (Cycle 1.5: PFAS)

The Washington State Department of Ecology (Ecology) started a rulemaking to revise the Safer Products Restrictions and Reporting ruleChapter 173-337 WAC, aiming to reduce PFAS in consumer products. Ecology plans to conduct this rulemaking to:

  • Reduce the use of priority chemicals in priority consumer products.
  • Revise Chapter 173-337 WAC in accordance with the regulatory actions outlined in the final Cycle 1.5 Regulatory Determinations Report to the Legislature that Ecology submitted in May 2024.

In this rulemaking, Ecology may create reporting requirements or restrictions that apply to the use of PFAS in product categories such as:

  • Apparel and gear.
    • Apparel examples include athleticwear, rainwear, school uniforms, clothing for everyday use, undergarments (reusable baby diapers and period underwear), hats, scarves, gloves, shoes, outerwear for mountaineering, outerwear for whitewater kayaking, and commercial fishing bibs for offshore fishing.
    • Gear examples include backpacks, sleeping bags, umbrellas, camping furniture, and climbing rope.
  • Cleaning products, including products to wash automobiles and boats.
  • Cookware and kitchen supplies.
    • Examples include frying pans, cooking pots, rice cookers, waffle makers, griddles, bakeware, and reusable baking liners.
  • Firefighting PPE (personal protective equipment).
  • Hard surface sealants.
    • Examples include sealants applied to hard porous surfaces like stone, unglazed tile, concrete, and wood. They can be used for interior and exterior applications.
  • Waxes and polishes, including products for floors, automobiles, skis, and snowboards.

Rulemaking timeline

Timeline

Announcement phase (CR-101)

Filing date:
Dec. 8, 2023


Announcement documents

Rule development phase

Dec. 2023 – Jan. 2025

Public input & involvement

Meetings with interested parties

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

Public comment period(s)

As we schedule additional opportunities to provide feedback and participate in workshops, we will share details on our webpages and via our email list.

Preliminary draft rule

Below is the current preliminary draft rule:

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 2024, 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.

Additional languages

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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.