WSR 12-15-045

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 12-02 -- Filed July 16, 2012, 11:56 a.m. ]

Subject of Possible Rule Making: Ecology is initiating rule making for chapter 173-334 WAC, Children's safe products reporting rule, to amend the chemical of high concern to children (CHCC) list to include tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (CAS # 13674-87-8). Ecology may also amend the CHCC list to add or remove other chemicals where new data and information is available to support the criteria in WAC 173-334-070. Manufacturers of children's products must notify the agency about the presence of CHCCs in their products. As part of this rule making, the agency has no intention of doing a reevaluation of the entire reporting list of chemicals. If appropriate, ecology will also amend requirements related to the reporting deadlines for any chemicals that are added to list.

Statutes Authorizing the Agency to Adopt Rules on this Subject: The Children's Safe Products Act, chapter 70.240 RCW, the authority established in the law is sufficient to adopt changes (if any) to the current rule.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Ecology is initiating this rule making in a response to a petition for rule making to add tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (CAS # 13674-87-8) to the CHCC list. The information in the petition provided evidence that this chemical meets the criteria in WAC 173-334-070 for inclusion in the CHCC list. Ecology is also going to consider if there are other chemicals that should also be added to the list at this time.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Ecology will work directly with the state's department of health in evaluating if tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (CAS # 13674-87-8), or any other chemicals, should be added or removed from the 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: The public and interested parties will have the opportunity to comment on the proposed rule amendments. Ecology will hold at least one public hearing and will post updates to the CSPA listserv.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Rule Coordinator, John Williams, Department of Ecology, Headquarters, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6940, e-mail JOWI461@ecy.wa.gov. We intend to involve the public and interested parties throughout the process using the internet, the CSPA listserv (currently this has several hundred followers), direct mailing to trade organizations, the WACTrack e-mail list, as well as all the methods required under the Administrative Procedure Act.

July 16, 2012

Laurie G. Davies

Waste 2 Resources

Program Manager

Washington State Code Reviser's Office