December 12, 2023
By Krystal Spickler, program manager, Supply Chain team, UL Solutions
Established by a 2019 law, Washington’s Safer Products program was established to reduce the use of toxic chemicals in consumer products and prevent them from entering the environment. It creates a repeating process every five years, under which priority consumer products and priority chemicals are evaluated for regulatory action. Regulatory actions may include reporting requirements or restrictions on use of a chemical in product.
The rule for cycle 1 of the program was finalized in May, with some obligations requiring action (such as tracking activities to facilitate reporting) as early as January 2024. Per- and polyfluoroalkyl substances (PFAS) were addressed in this rule, including prohibitions of PFAS in aftermarket stain-/water- resistance treatments, carpets and rugs, and leather or textile furnishings and furniture for indoor use. A reporting requirement was also implemented for leather or textile furnishings for outdoor use.
Cycle 1.5 was announced in 2022, under which further attention to PFAS in consumer products is given. Priority products under the cycle include:
- Apparel and gear
- Firefighting personal protective equipment (PPE)
- Cleaning products, including those for automobiles or boats
- Waxes, such as floor waxes and polishes, automobile waxes, and ski wax
- Nonstick cookware and kitchen articles, including frying pans, rice cookers, and bakeware
- Hard surface sealants, such as those applied to hard surfaces like stone and wood
The Dept. of Ecology released a draft regulatory determinations report on Dec. 6, 2023. This draft report summarizes available alternatives to PFAS for the captioned consumer products, examples of covered product, and the Department’s draft regulatory action. The draft noted that due to limitations, alternatives for PFAS in cookware and kitchen supplies and hard surface sealants were not evaluated. For this reason, a reporting requirement is proposed for these categories but the department may consider restrictions in the future. Alternatives were unable to be found for firefighting PPE, various wax products, floor finishes and hard surface sealants, so reporting requirements are proposed at this time.
Summary of proposed actions:
|
Priority Product |
Examples of In-scope Product |
Proposed Regulatory Action |
|
Apparel and gear |
Apparel: athleticwear, reusable diapers, menstrual underwear, rain wear, school uniforms, shoes, accessories like hats and scarves Gear: non-clothing items such as backpacks, sleeping bags, umbrellas, and camping furniture |
Apparel intended for extended use by experts or professionals and not otherwise marketed to the public: Reporting Shoes: Reporting All other types of apparel: Restriction Gear: Reporting |
|
Firefighting PPE |
Jackets, shoes, helmets and respiratory equipment designed and intended for use in fire or rescue |
Reporting |
|
Cleaning products |
All-purpose cleaners, disinfectants, glass cleaners, automotive cleaning products; where PFAS are used as propellants, they are out of scope. |
Restriction |
|
Automotive washes |
Boat, car, and truck washes |
Restriction |
|
Automotive waxes |
Polish, all-in-one wax, wet wax for cars, RVs, and boats; waxes or polishes applied during manufacture are excluded from scope |
Reporting |
|
Floor waxes and polishes |
Floor finishes and gloss polishes |
Reporting |
|
Ski waxes |
Hot wax, spray wax, rub-on wax for skis or snowboards |
Reporting |
|
Hard surface sealants |
Products used to seal unglazed tile, concrete, or wood |
Reporting |
|
Cookware and kitchen supplies |
Frying pans, waffle makers, reusable baking liners, griddles |
Reporting |
Comments are accepted from the public beginning Dec. 6 to Jan. 12, 2024 and can be submitted electronically through the comment form or by mail through the contact information listed on the website. The Dept. of Ecology is also hosting two webinars (on December 13 and December 14) to share out additional information and answer questions regarding the draft determinations report. Interested parties can register through links on the Safer Products landing page linked below.
References
Public comment period - Washington State Department of Ecology
Safer Products for Washington - Washington State Department of Ecology
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