WSR 25-12-092
DEPARTMENT OF ECOLOGY
[Filed June 3, 2025, 11:43 a.m.]
PUBLIC NOTICE
Announcing The Department of Ecology's (Ecology) Report to the Legislature on Priority Consumer Products Implementing Chapter 70A.350 RCW
The Pollution Prevention for Healthy People and Puget Sound Act (chapter 70A.350 RCW) requires ecology to submit a report to the legislature by June 1, 2025 that identifies priority consumer products for cycle 2 of the safer products for Washington program. 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 ecology relied upon, the basis for the selection, and a draft schedule for making regulatory determinations. This notice fulfills the notice requirement of RCW 70A.350.050 (4)(a).
Ecology published the Identification of Priority Products: Safer Products for Washington Cycle 2 Implementation Phase 2 report to the legislature and technical supporting documentation on May 30, 2025. This report contains information about the identified priority consumer products that are significant sources or uses of priority chemicals or chemical classes for potential regulation under the Safer Products for Washington program.
Ecology published a draft report on November 1, 2024, and held a 60-day public comment period to allow interested parties and the public to review and comment on the draft priority consumer products selected. After considering the comments received on the draft report, we finalized our designation of priority products. Ecology identified nine new priority consumer products for further evaluation and potential regulation. They are listed in Table 1 below.
Table 1. New Priority Consumer Products for Review in Cycle 2
 
Priority Consumer Product(s)
Priority Chemical or Chemical Class
 
 
Artificial turf
6PPD (N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine)
and
Per and polyfluoroalkyl substances (commonly called PFAS)
 
 
Cosmetics
Cyclic volatile methylsiloxanes (commonly referred to as cVMS)
 
 
Insulation
Organohalogen flame retardants (commonly referred to as OFRs)
 
 
Jewelry and accessories
Cadmium and cadmium compounds
and
Lead and lead compounds
 
 
Nail products
Benzene, ethyl benzene, toluene, and xylene substances (also known as BTEX) substances
 
 
Architectural paints
Alkylphenol ethoxylates (sometimes referred to as APEs)
and
PFAS
 
 
Plastic packaging 
Organobromine or organochlorine substances
 
 
Sealants, caulks, and adhesives
Ortho-phthalates
 
 
Solid deodorizers
Organobromine or organochlorine substances
 
We also plan to continue or expand our work to assess priority product-chemical combinations identified either in previous review cycles or in statute.
Table 2. Existing Priority Consumer Products Identified for Additional Review in Cycle 2
 
Priority Consumer Product(s)
Priority Chemical or Chemical Class
 
 
Cookware and kitchen supplies
PFAS
 
 
Firefighting PPE
PFAS
 
 
Hard surface sealers
PFAS
 
 
Floor waxes and polishes
PFAS
 
 
Motor vehicle tires
6PPD
 
 
Printing inks
Polychlorinated biphenyls (commonly called PCBs)
 
Identification of peer-reviewed science and other sources of information: This information can be found in the citation list in Appendix E within ecology's Technical Supporting Documentation for Priority Products: Safer Products for Washington Cycle 2 Implementation Phase 2 report (ecology publication #25-04-031). The report is available at https://apps.ecology.wa.gov/publications/SummaryPages/2504031.html.
Basis of the final product selection: The basis for the selection of each priority product is contained in ecology's Technical Supporting Documentation for Priority Products: Safer Products for Washington Cycle 2 Implementation Phase 2 report (ecology publication #25-04-031). The report is available at https://apps.ecology.wa.gov/publications/SummaryPages/2504031.html.
Draft schedule for making determinations: From June 2, 2025, until June 1, 2027, ecology will conduct work to determine if safer alternatives to priority chemicals are feasible and available for each of the priority products, and whether regulatory actions are needed based on the requirements of chapter 70A.350 RCW. We will share a draft of our regulatory determinations report to the legislature for public comment in late 2026. We will consider comments received on the draft report as we finalize our regulatory determinations for cycle 2.
Copies of the priority product report to the legislature: The Identification of Priority Products: Safer Products for Washington Cycle 2 Implementation Phase 2 report to the legislature (ecology publication #25-04-030) is available at https://apps.ecology.wa.gov/publications/SummaryPages/2504030.html. Ecology's Technical Supporting Documentation for Priority Products: Safer Products for Washington Cycle 2 Implementation Phase 2 report (ecology publication #25-04-031) is available at https://apps.ecology.wa.gov/publications/SummaryPages/2504031.html. You may also request copies of this document via email at SaferProductsWA@ecy.wa.gov.
Ecology contact: If you have any questions, please contact the safer products for Washington team, Washington state department of ecology, email SaferProductsWA@ecy.wa.gov.