Safer Products for Washington compliance and reporting

Yes. We consider laptops and notebooks in the electronic display category, even though some of these products also provide other functions in addition to visual display. 

This depends on how the product is designed and whether it can withstand outdoor conditions. Can the product function properly outside all day, exposed to the weather, and immersed in water? For example, a light-up holiday decoration designed to stay outside for long periods of time is considered outdoor use.

To help you determine whether your electric or electronic product meets the applicability requirements of the rule, please read Electric and Electronic Products: Safer Products for Washington Compliance. This publication also has information to help you to determine if your product contains OFRs in the external enclosure, and a section on understanding rebuttable presumption.

Whether polyvinyl chloride (PVC) is restricted depends on its role in the product:

• If PVC is used as the external enclosure on an electric or electronic product, it is considered a restricted OFR under this rule.
• If PVC is used as a decorative external covering and the enclosure is made from another material, then the PVC is allowed.

Review the definition of external enclosure (WAC 173-337-025) to determine if your PVC product is regulated under this rule.

No, because some chemicals do not have Chemical Abstracts Service Registry Numbers (CASRN). The list in our Electric and Electronic Products: Safer Product for Washington Compliance resource highlights some of the most common OFRs to help manufacturers share information up the supply chain. If a similar list is needed for other sectors, please contact us. Any list we develop would only include chemicals within our scope of knowledge and would not be comprehensive. 

These are products where the primary function does not depend on the display screen. For example, a refrigerator’s primary function is to keep food cold, so it is not considered a display.

Products like these have later compliance dates compared to products classified as electronic displays.

In some cases, temporary exemptions to the rule requirements may be necessary to minimize unintended consequences. Possible reasons for requesting an exemption include:

• The priority chemical is functionally necessary, but no alternative is available.
• Compliance is prevented by another legally imposed requirement.
• An unforeseen event or circumstance limits availability of alternatives.

We have developed a guidance document outlining the process for submitting an exemption request to Ecology, as well as the information needed to evaluate the request.

We expect businesses to voluntarily follow the requirements in the Safer Products Restrictions and Reporting Rule (Chapter 173-337 WAC). When noncompliance occurs, we will use a variety of tools to help businesses comply. Our focus is on education and providing technical support to address known or potential violations.

The tools we use will depend on:

• How responsive the manufacturer or other responsible party is in correcting the noncompliance.
• The nature and severity of the violation.
• Whether there are repeated or chronic violations.

Identifying toxic chemicals through product testing

We monitor the market by testing products to check for toxic chemicals. Our product testing program focuses on priority chemicals found in consumer products. When deciding what to test we consider factors such as overburdened communities, vulnerable populations, and manufacturers with past violations. We collect product samples from individual stores, shopping centers, and online retailers.

Monitoring compliance with reporting requirements

We review annual reports for accuracy, completeness, and timeliness before publishing. We send inquiries to manufacturers for things such as:

• Missing required information.
• Reports submitted past the deadline.
• Reports that include a restricted priority chemical.
• Duplicate reports or overreports.
• Complaints we've received.

If a manufacturer appears to be in violation of the Safer Products Restrictions and Reporting Rule, we send a letter to the potentially responsible party.

Noncompliance and enforcement process

The process begins with an inquiry letter, which aims to open dialogue about the potential violation. If there is no response to the inquiry letter, or if it is determined that a violation has occurred, an enforcement action may follow. While enforcement is not our first choice, it may be necessary to emphasize the importance of regulatory compliance when initial attempts at open dialogue are unsuccesful.

When an enforcement action is necessary, we will ensure that the action is:

• Clearly defined.
• Within the authority of the specific regulation.
• Consistent with the seriousness of the violation.

Our goal is to help businesses fix problems on their own, prevent future violations, and protect both the environment and public health, which is why we focus more on education and clear communication first before choosing any enforcement action.

Rebuttable presumption means that Ecology will presume the intentional use of priority chemical based on testing results. See the chemicals and consumer products (section 173-337-110 through 173-337-114) for more information about concentration limits.

Manufacturers may rebut this presumption by submitting a letter to Ecology via email or mail. The letter must include a statement asserting that the priority chemical was not intentionally added, along with credible evidence to support this claim. We will review the information and respond with a decision or a request for additional information.

This rule does not apply to:

• Consumer products excluded from the Toxic Pollution Law (Chapter 70A.350 RCW).
• Consumer products transported or stored in Washington solely for sale or distribution to consumers outside of Washington.
• The recycling or disposal of existing stock.

If a priority consumer product no longer contains an intentionally added priority chemical, the reporting party may submit a revised notification by email or mail using the contact information provided below.