Department of Ecology
Committees, Boards, and Workgroups

The Departments of Ecology and Health will use this site to share information and draft documents as we implement Chapter 70A.350 Revised Code of Washington (formerly Chapter 70.365 RCW). Our implementation program for the law is called Safer Products for Washington.

Subscribe to the SaferProductsWA email list to receive updates and invitations for public comment. Contact us at SaferProductsWA@ecy.wa.gov.

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We developed the proposed rule using feedback from stakeholders and members of the public. This proposed rule aims to reduce toxic chemicals in consumer products and implements Chapter 70A.350 RCW.

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.
  • Flame retardants in electric and electronic products and 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.

We hosted online public hearings in mid-January and accepted comments on the proposed rule. Thank you to everyone who participated.

Resources from the hearings and comment period:

• Testimonies from hearings
• Comments submitted during the formal comment period
• Slides presented during the hearings

Rule proposal documents:

• Proposal notice – CR-102 form
• Proposed rule
• Preliminary Regulatory Analyses
• SEPA Determination of Nonsignificance (DNS) and Environmental Checklist (draft)
• Updated Electric and Electronic Products Draft Resource

With our partners at the Department of Health, we published the final Report to the Legislature on Regulatory Determinations as part of Phase 3 in implementing the Safer Products for Washington program. Our team looks forward to continuing the dialogue with our stakeholders and Washington communities as we develop rules to implement the regulatory actions we outlined.

We made a number of changes to integrate feedback from our stakeholders and communities. Read how we incorporated feedback in our comment overview. If interested, you can view comments from other stakeholders on the draft report. To hear a summary of the results from our public comment survey, watch our video covering the highlights (also available in Spanish). For more details, check out our infographic (also available in Spanish) and blog post covering the results. You can also review the complete, unedited responses to the survey.

Part of our work to determine regulatory actions involves requesting information from manufacturers about their products. We request this information using Administrative Orders. While we must use an “order” to request the information, we want to emphasize that these orders are not associated with any manufacturer being out of compliance.

The information manufacturers must provide through these orders will help us assess the current presence of priority chemicals or chemical classes in priority products. If you manufacture a priority product included in our report to the Legislature, we may contact you to provide information about your use of priority chemicals. Manufacturers have six months to collect and submit the information to us, and they can request that we keep the information they submit confidential. Please reach out to us at SaferProductsWA@ecy.wa.gov if you have questions about the process for these orders.

Order for ortho-phthalates in vinyl flooring data

We ordered information from vinyl flooring manufacturers on the presence of ortho-phthalates in vinyl flooring sold in Washington. Find more details about what information we asked manufacturers for and what they provided in our overview of the vinyl flooring manufacturer data. 

The law requires us to develop a stakeholder advisory process by June 1, 2020. We engage interested parties at every major stage in our implementation process. We aim for transparency and to involve our stakeholders in decisions affecting their lives and businesses. To learn more about our progress to date, read our stakeholder engagement process (updated November 2021).

Chapter 70A.350 RCW (formerly Chapter 70.365 RCW) creates a process for Ecology, in consultation with Health, to regulate classes of chemicals in consumer products. The law requires us to designate priority chemicals, identify products that contain these chemicals, determine regulatory actions, and adopt rules to implement regulatory actions. Chemical restrictions require that safer alternatives are feasible and available. The law outlines steps that involve stakeholder consultation, legislative reporting, and rulemaking.

The first set of priority chemical classes were identified in the law. They are:

• Perfluoroalkyl and polyfluoroalkyl substances (PFAS) 
• Phthalates
• Organohalogen flame retardants and flame retardants identified in RCW 70A.430 
• Phenolic compounds
• Polychlorinated biphenyls (PCBs)

The first set of priority products we identified in our 2020 priority products report are below. You can also view the comments we received on the priority products report. 

• Flame retardants
  • Electric and electronic equipment
  • Recreational polyurethane foam
• PCBs
  • Paints and printing inks
• PFAS
  • Carpet and rugs
  • Aftermarket stain and water resistance treatments
  • Leather and textile furnishings
• Phenolic compounds 
  • Laundry detergent (alkylphenol ethoxylates)
  • Thermal paper (bisphenols)
  • Food and drink cans (bisphenols)
• Phthalates
  • Vinyl flooring
  • Personal care products

The first five deadlines in the law are:

• Learn how to reduce your exposure to PFAS in your home.
  • En español: Reduzca su exposición a las PFAS
• Learn how to reduce your exposure to flame retardants in your home.
  • En español: Reduzca su exposición a materiales resistentes al fuego
• Find more information about Ecology's Phthalates Action Plan. 
• Find more information about Ecology's PFAS Chemical Action Plan. 
• See updates on Ecology's PFAS in Food Packaging Alternatives Assessment. 

ADA Accessibility: The Department of Ecology is committed to providing people with disabilities access to information and services by meeting or exceeding the requirements of the Americans with Disabilities Act (ADA), Section 504 and 508 of the Rehabilitation Act, and Washington State Policy #188. To request an ADA accommodation, contact Ecology by phone at 360-999-7566 or email at hwtrpubs@ecy.wa.gov. For Washington Relay Service or TTY call 711 or 877-833-6341. Visit Ecology’s website for more information.