WSR 09-11-127



[ Order 09-04 -- Filed May 20, 2009, 10:49 a.m. ]

     Subject of Possible Rule Making: This rule making will implement the Children's Safe Product Act (CSPA) – chapter 70.240 RCW, by adopting a new rule chapter 173-334 WAC, Children's safe products rule. The rule will clarify definitions, establish the reporting process, and establish the method the public can use to provide comments on the modification of the list of chemicals manufacturers must report on.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Children's Safe Product Act (CSPA), chapter 70.240 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: As signed into law, the CSPA requires manufacturers of children['s] products to report the presence of chemicals of high concern to children (CHCC) to the department. The purpose of the rule is to clarify the following: The process to be used to update the reporting list for CHCC, definitions of several key terms, the reporting process and other issues which may come up during the pilot rule.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Ecology is working directly with the state's department of health in the development of the CHHC [CHCC] list. Additionally, we have reviewed and are in communication with other states having similar legislation, including California, Maine and Connecticut.

     Process for Developing New Rule: Pilot rule making; and ecology will use the rule-making process authorized by RCW 34.05.313 to inform the development of the final rule. Ecology will form an advisory group. Ecology will draft pilot rule language and seek review from the advisory group, and interested parties. Ecology will also seek volunteers to participate in the pilot project. Ecology will write a report describing the issues and recommend solutions based on input from pilot project participants.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting the Pilot Rule Coordinator, John Williams, Department of Ecology, Headquarters, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6940, e-mail, web site

     Ecology will send information to interested parties and post information on its web site. Interested parties can sign up for an e-mail list serve [ListServ] or visit the rule-making web site for updates on the rule and CSPA implementation. All advisory group meeting notes and comments will be posted on the web site. All documents generate[d] during the pilot project will be available to the public.

May 18, 2009

Laurie G. Davies

Solid Waste and Financial

Assistance Program Manager

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