WSR 20-11-058
DEPARTMENT OF ECOLOGY
[Filed May 19, 2020, 11:25 a.m.]
PUBLIC NOTICE
Announcing Ecology's Report to the Legislature on Priority Consumer Products implementing Chapter 70.365 RCW, Pollution Prevention for Healthy People and Puget Sound Act (Safer Products for Washington).
The Pollution Prevention for Healthy People and Puget Sound Act (chapter 70.365 RCW) requires the department of ecology (ecology) to submit a report to the legislature by June 1, 2020, that identifies priority consumer products. It also requires ecology to notify the public about the selected products, including the identification of the peer-reviewed science and other sources of information that the department relied upon, the basis for the selection, and a draft schedule for making future determinations. This notice fulfills the notice requirement of RCW 70.365.050 (4)(a).
Ecology published a draft report on January 17, 2020, and held a forty-five day public comment period ending March 2, 2020, to allow stakeholders and the public to review and comment on the draft priority consumer products selected. After considering the comments received on the draft report, ecology conducted additional research and consulted with the Washington department of health. Based on this additional work, ecology identified eleven priority consumer products for further evaluation and potential regulation.
Table 1. Priority consumer products in the Safer Products for Washington report.
Priority Product(s)
Priority Chemical or Chemical Class Identified in RCW 70.365.050 (1)(a)
• Carpet
• Leather and textile furnishings
• Aftermarket stain and water resistance treatments
Per- and polyfluoroalkyl substances (PFAS)
• Vinyl flooring
• Personal care products
Phthalates
• Laundry detergent (alkylphenol ethoxylates)
• Thermal paper (bisphenols)
• Food can linings (bisphenols)
Phenolic compounds
• Printing inks and paints
Polychlorinated biphenyls (PCBs)
• Electric and electronic equipment
Flame retardants
Identification of peer-reviewed science and other sources of information: This information can be found in the Citation List in Appendix 3 within ecology's report to the legislature, Ecology publication #20-04-019. The report will be available on the Safer Products for Washington stakeholder webpage (www.bit.ly/SaferProductsWA) on the date it is submitted to the legislature.
Basis of the final product selection: The basis for the selection of each priority product is contained in ecology's report to the legislature, Ecology publication #20-04-019. The report will be available at https://fortress.wa.gov/ecy/publications/summarypages/2004019.html and on the Safer Products for Washington stakeholder webpage (www.bit.ly/SaferProductsWA) on the date it is submitted to the legislature.
Draft schedule for making determinations: From June 2, 2020, until June 1, 2022, ecology will conduct work to determine: (1) If safer alternatives to priority chemicals are feasible and available for each of the priority products, and (2) whether regulatory actions are needed based on the requirements of chapter 70.365 RCW. See Table 2 for a draft schedule for that process.
Table 2. Draft schedule for making determinations under Safer Products for Washington.
Action
Date
Webinar to explain the ecology implementation process for June 2, 2020, until June 1, 2022.
Summer 2020
Collection of additional information from manufacturers, wholesalers, retailers, end users, and other stakeholders about priority chemicals and priority products.
Summer 2020 - June 1, 2022
Evaluations to determine whether safer alternatives are available and feasible.
Summer 2020 - June 1, 2022
Public involvement, including periodic status update webinars, email outreach, and stakeholder meetings to discuss safer alternatives and regulatory determinations.
Summer 2020 - June 1, 2022
Determinations of needed regulatory actions (including potential for a determination of no action required).
Fall 2020 - June 1, 2022
Public comment on draft report to the legislature.
Fall 2021 - Winter 2021 - 22
Final report submitted to legislature.
June 1, 2022
Copies of the Priority Product Report to the Legislature: The priority consumer products report (Ecology publication #20-04-019) will be available online on the day it is submitted to the legislature. The report will be available at https://fortress.wa.gov/ecy/publications/summarypages/2004019.html and on the Safer Products for Washington stakeholder webpage (www.bit.ly/SaferProductsWA). You may also request copies of this document via email at SaferProductsWA@ecy.wa.gov.
Public workshop webinar: Ecology will host a public webinar in summer 2020 to outline the implementation process going forward. The date of the webinar will be announced on the Safer Products for Washington email list. To receive updates on the date of the webinar, subscribe to the email list http://listserv.ecology.wa.gov/scripts/wa-ECOLOGY.exe?SUBED1=SAFERPRODUCTSWA&A=1.
Ecology Contact: Cheryl Niemi, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7696, phone 360-407-6850, email SaferProductsWA@ecy.wa.gov.
Assistance for Persons with Disabilities: To request an ADA accommodation, contact ecology by phone at 360-407-6700 or email lauren.tamboer@ecy.wa.gov, or visit https://ecology.wa.gov/accessibility. For relay service or TTY call 711 or 877-833-6341.