WSR 16-17-039

PREPROPOSAL STATEMENT OF INQUIRY

[Order 16-08—Filed August 9, 2016, 1:37 p.m.]

Subject of Possible Rule Making: Children's safe products—Reporting rule, chapter 173-334 WAC, as authorized by the Children's Safe Products Act (CSPA) (chapter 70.240 RCW). This rule includes requirements for manufacturers of children's products to annually report the presence of chemicals of high concern to children (CHCC) in children's products to ecology. The CSPA reporting rule identifies the CHCC's and details the process for manufacturers to report to ecology.

The 2016 Washington state legislature passed HB 2545 which identified six flame retardants to be considered for inclusion on the CHCCs list in the CSPA reporting rule. Ecology and the Washington department of health will evaluate the six flame retardants and other chemicals against the CHCC criteria in the law. If these chemicals meet the criteria in the law, ecology may propose to amend the CSPA reporting rule (chapter 173-334 WAC) to add the chemicals to the CHCC list in the rule. Ecology also plans to work with stakeholders to determine if these flame retardants should be included, identify other chemicals that meet the criteria in the law that should be added to the CHCC list, identify chemicals that may need to be removed from the CHCC list, and to streamline the rule to make compliance easier.

HB 2545 also amended chapter 70.240 RCW to prohibit five flame retardants in children's products and residential upholstered furniture. Ecology expects to implement restrictions on these five chemicals without rule making. These five flame retardants are currently on the CSPA CHCC list.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Children's safe products, chapter 70.240 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Ecology is updating the CSPA reporting rule in response to HB 2545 and to update the rule based on new science and data. Now that the rule has been in place for five years, ecology will conduct a review of the existing CHCC list using recent scientific data to determine if any chemicals should be added or deleted. Ecology will also evaluate where changes may be helpful to streamline the rule where possible.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The U.S. Environmental Protection Agency regulates the use of chemicals under the Toxic Substances Control Act but does not focus on children's products. The federal Consumer Protection Safety Commission limits specific chemicals in children's products under the federal Consumer Product Safety Improvement Act but does not require manufacturers to report. Other Washington regulations require reporting for chemical emissions or disposal but not for children's products. Three other states require manufacturers to report on chemicals in children's products: Maine (toxic chemicals in children's products), Vermont (chemicals of high concern to children) and Oregon (Toxic Free Kids Act). This rule making will be coordinated with other states to avoid conflicts. Ecology works directly with the state's department of health on updates to the CSPA reporting rule language and CHCC list.

Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter 34.05 RCW).

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can stay informed about the rule making and public involvement opportunities as described below. Ecology will extend an offer for government-to-government consultation with tribal governments during each phase of rule development.

Visit ecology's web page at http://www.ecy.wa.gov/programs/hwtr/laws_rules/PBT/1608ov.html.

Contact Information: Kara Steward, (360) 407-6250, fax (360) 407-6715, kara.steward@ecy.wa.gov, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

How to sign up for listserv/e-mail list http://listserv.wa.gov/cgi-bin/wa?A0=CHILDRENS-SAFE-PRODUCTS.

August 9, 2016

Darin Rice

Hazardous Waste and Toxics

Reduction Program Manager