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Washington State Releases Priority Product Draft!


Time:

2022-09-23

The Washington State Department of Ecology released preliminary draft rules for a planned new chapter (Washington Administrative Code (WAC) Chapter 173-337, Safer Product Restrictions and Reporting). The draft rules include restrictions on perfluorinated and polyfluorinated compounds (PFAS), phthalates, flame retardants, alkylphenol ethoxylates (APEOs), bisphenols and other substances.

The Washington State Department of Ecology recently released preliminary draft rules for a planned new chapter (Washington Administrative Code (WAC) Chapter 173-337, Safer Product Restrictions and Reporting). The draft rules include restrictions and reporting requirements for the first implementation cycle. The Washington State Department of Ecology is accepting feedback on the preliminary draft rule and plans to release a formal draft rule by December 2022.

The main contents of the draft are as follows:

Perfluorinated and Polyfluorinated Compounds (PFAS):

  • Aftermarket anti-stain and water repellent treatments: restricted from January 1, 2025 (no intentional additions);
  • Indoor and outdoor carpets: restricted from January 1, 2025 (no intentional additions);
  • Leather and textile furniture and furnishings (indoor use): restricted from 1 January 2026 (no intentional additions);
  • Leather and Textile Furniture and Furnishings (Outdoor Use): Reporting from 1 January 2024.

Products manufactured before the effective date of the restriction are not subject to restrictions.

 

Phthalates:

Fragrances in beauty and personal care products: restricted from January 1, 2025 (no intentional additions);

Vinyl Flooring: Restricted from January 1, 2025 (no more than 1000ppm).

Products manufactured before the effective date are exempt.

 

Flame Retardant:

Plastic enclosures for electronic products for indoor use: from January 1, 2025, for businesses large and small that manufacture and sell televisions and electronic displays. All other applicable consumer products: Large businesses from January 1, 2026 and small businesses from January 1, 2027 (limitation: 1000 ppm for any intentionally added individual organohalogen flame retardants, jointly added organohalogens flame retardant is 1500ppm);

Plastic enclosures for electronic products for outdoor use: reporting from 1 January 2024;

Recreational Covered Wall Mats Made of Polyurethane Foam: Begin reporting on January 1, 2024, such as containing organohalogen flame retardants, EHDPP, TNBP, TCP, TPP;

Other leisure products made of polyurethane foam: restricted from January 1, 2025 (organohalogen flame retardants, EHDPP, TNBP, TCP, TP must not exceed 1000ppm).


Exemptions: Products manufactured before the effective date, plastic external parts weighing < 5g, inaccessible components (circuit boards and internal fans), wires, cables, switches, bulbs, connectors, screens, etc.

The Ministry of Ecology estimates that the organic halogen flame retardant exceeds 1000 ppm based on total bromine, chlorine or fluorine (excluding phosphorus) exceeding 1000 ppm. Manufacturers can refute this assumption by submitting a statement to the Ministry of Ecology containing the required information.

 

Alkylphenol Ethoxylates (APEO):

Laundry Detergents: Restricted starting January 1, 2025 (single or combined restriction of any APEO: 1000ppm).

Exemption for products manufactured before the effective date.

 

Bisphenols:

Beverage Can Liners: Limit any content from January 1, 2025, excluding TMBP;

Food tank liners: report any content from January 1, 2024, excluding TMBP;

Thermal paper: restricted from January 1, 2025 (200ppm).

Restricted class requirements, exempting products manufactured before the effective date.

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