Washington Administrative Code

Under the Children's Safe Product Act (CSPA), chapter 70.240 RCW, manufacturers of children's products are required to notify the department of ecology when a chemical of high concern to children (CHCC) is present in their products or, if the product contains more than one compon…

The purpose of this chapter is to:(1) Establish the list of chemicals for which manufacturer reporting is required;(2) Establish what manufacturers of children's products must do to comply with the reporting requirements created by the CSPA; and(3) Clarify the enforcement process…

This chapter applies to manufacturers of children's products.[Statutory Authority: Chapter 70.240 RCW, RCW 70.240.040. WSR 11-16-008 (Order 09-04), § 173-334-030, filed 7/21/11, effective 8/21/11.]

"Chemical Abstracts Service number" or "CAS" means the number assigned for identification of a particular chemical by the Chemical Abstracts Service, a service of the American Chemical Society that indexes and compiles abstracts of worldwide chemical literature called Chemical Ab…

The CHCC list identifies the chemicals to which the reporting requirements apply. A manufacturer must notify the department in accordance with WAC 173-334-080 if a chemical on the CHCC list is present in a children's product component. The current CHCC list is set forth in WAC 17…

The department can only add chemicals to, or remove chemicals from, the CHCC list by amending this rule in accordance with the requirements of the Administrative Procedure Act, chapter 34.05 RCW.[Statutory Authority: Chapter 70.240 RCW, RCW 70.240.040. WSR 11-16-008 (Order 09-04)…

(1) The department will consult with the department of health during the modification of the CHCC list.(2) A chemical that the department determines to meet all of the following criteria may be included on the CHCC list:(a) The toxicity, persistence, or bioaccumulativity criteria…

(1) The report required by RCW 70.240.040 must be filed annually with the department in accordance with the following:(a) Each chemical on the CHCC list that is an intentionally added chemical present in a product component must be reported at any concentration above the PQL.(b) …

(1) The manufacturer of a children's product, or a trade organization on behalf of its member manufacturers, must report to the department that the manufacturer's children's product component contains a chemical on the CHCC list.(2) The definition of manufacturer in RCW 70.240.01…

(1) On January 31, 2019, and annually thereafter, a manufacturer of a children's product sold or offered for sale in Washington that contains a CHCC listed in WAC 173-334-130 in an amount above a de minimis level must submit the information detailed in WAC 173-334-080 to the depa…

(1) The department may collect children's products subject to possible reporting, and analyze their components for the presence of CHCCs. If the department finds that a children's product component contains a chemical on the CHCC list that the manufacturer either has not reported…

(1) The current list of CHCCs identifies the chemicals that must be reported to the department in accordance with WAC 173-334-080 if a chemical on the CHCC list is present in a children's product component.(2) Changes to the list of CHCCs occurs only by amendment of this rule as …

(1) Authority. Chapter 70A.350 Revised Code of Washington (RCW) authorizes ecology to:(a) Implement, administer, and enforce chapter 70A.350 RCW.(b) Regulate priority chemicals in priority consumer products.(2) Purpose. This chapter implements chapter 70A.350 RCW.(a) This chapter…

(1) This chapter applies to any person who manufactures, distributes, or sells or offers to sell a priority consumer product that contains a priority chemical in or into Washington state.(2) This chapter does not apply to:(a) Consumer products excluded from chapter 70A.350 RCW.(b…

(1) A person required to comply with this chapter may request an exemption from the requirements of this chapter.(2) Ecology will use objective factors including, but not limited to, the following, when evaluating exemption requests.(a) The priority chemical is functionally neces…

Unless ecology determines the context requires otherwise, the following definitions apply for the purposes of this chapter."Apparel and accessories" means articles of clothing worn or intended to be worn by a person. Apparel and accessories include, but are not limited to, costum…

(1) Any violation of this chapter is subject to the enforcement and penalty sections of chapter 70A.350 RCW.(2) In accordance with chapter 70A.350 RCW:(a) A manufacturer violating a requirement of this chapter is subject to a civil penalty not to exceed $5,000 for each violation …

If any provision of this chapter or its application to any person is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected.[Statutory Authority: Chapter 70A.350 RCW. WSR 23-12-044 (Order 21-01), § 173-337…

(1) This section applies if either of the following federal regulatory actions occurs after the effective date of this chapter.(a) The U.S. Environmental Protection Agency takes an action under the Toxic Substances Control Act, 15 U.S.C. Secs. 2601 through 2697, that preempts pur…

In addition to the requirements of this chapter and chapter 70A.350 RCW, other laws, rules, and ordinances may apply to priority consumer products containing priority chemicals. Nothing in this chapter is intended to excuse persons regulated by this chapter from complying with ot…

(1) To strengthen the integration of equity and environmental justice considerations when implementing, administering, and enforcing chapter 70A.350 RCW, ecology will, to the extent legal and practical:(a) Strive to collaborate and co-develop approaches to equitable and meaningfu…

(1) No person may sell or distribute a previously owned priority consumer product that they know violates a restriction in this chapter.(2) This does not apply to a:(a) Priority consumer product manufactured before the effective date of the restriction, as listed in WAC 173-337-1…

(1) Applicability.(a) This section applies to a manufacturer of a priority consumer product required to submit a notification to ecology, as listed in WAC 173-337-110, 173-337-112, and 173-337-114. This chapter refers to the person submitting the notification as the "reporting pa…

A person who submits information to ecology may request that ecology treat that information as confidential as provided in RCW 43.21A.160 by providing appropriate documentation supporting the request.[Statutory Authority: Chapter 70A.350 RCW. WSR 23-12-044 (Order 21-01), § 173-33…

(1) Aftermarket stain- and water-resistance treatments.(a) Applicability.(i) Priority consumer products. This subsection applies to:(A) Aftermarket stain-resistant treatments for application to textile and leather consumer products.(B) Aftermarket water-resistant treatments for a…

(1) Fragrances in beauty products and personal care products.(a) Applicability.(i) Priority consumer products. This subsection applies to:(A) Fragrances sold separately, such as perfumes and colognes.(B) Fragrances used in beauty products, regardless of whether the item contains …

(1) Electric and electronic products with plastic external enclosures, intended for indoor use.(a) Applicability.(i) Priority consumer products. This subsection applies to electric and electronic products with plastic external enclosures, intended for indoor use that are powered …

Laundry detergent.(1) Applicability. Priority consumer products. This subsection applies to laundry detergent.(2) Compliance schedule. The restriction in subsection (3) of this section takes effect on January 1, 2025.(3) Restriction. No person may manufacture, sell, or distribute…

(1) Drink cans.(a) Applicability.(i) Priority consumer products. This subsection applies to drink cans.(ii) This subsection does not apply to food cans.(b) Compliance schedule. The restriction in (c) of this subsection takes effect on January 1, 2025.(c) Restriction.(i) No person…

(1) Authority. Chapter 70A.560 Revised Code of Washington (RCW) authorizes the Washington state department of ecology (ecology) to implement, administer, and enforce chapter 70A.560 RCW.(2) Purpose. The goal of this chapter is to implement chapter 70A.560 RCW. This chapter ensure…

(1) This chapter applies to any person who manufactures, knowingly sells (including wholesale, online, or retail), offers for sale (including wholesale, online, or retail), or distributes (including distributing for sale and distributing for use) a cosmetic product in or into Was…

Unless ecology determines the context requires otherwise, the following definitions apply for the purposes of this chapter."Alias" means a synonym for a chemical or chemical in a class listed in this chapter identified using a recognized authoritative source deemed appropriate by…

(1) Any violation of chapter 70A.560 RCW or this chapter is subject to the enforcement and penalty sections of chapter 70A.560 RCW.(2) In accordance with RCW 70A.560.030:(a) A manufacturer that produces a product or imports or domestically distributes a product in or into Washing…

If any provision of this chapter or its application to any person is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected.[Statutory Authority: Chapter 70A.560 RCW and RCW 70A.02.060. WSR 25-18-057 (Orde…

In addition to the requirements of this chapter and chapter 70A.560 RCW, other laws, rules, and ordinances may apply to cosmetic products containing restricted chemicals. Nothing in this chapter is intended to excuse persons regulated by this chapter from complying with other law…

A person who intends to submit information to ecology may request that ecology treat that information as confidential as provided in RCW 43.21A.160 by providing appropriate documentation supporting the request.[Statutory Authority: Chapter 70A.560 RCW and RCW 70A.02.060. WSR 25-1…

(1) Compliance schedule.(a) Formaldehyde.(i) The restriction in subsection (2)(a) of this section takes effect January 1, 2025, in accordance with RCW 70A.560.020 (1)(c).(ii) An in-state retailer in possession of cosmetic products on the date the restriction in subsection (2)(a) …

This chapter is promulgated under chapter 70A.305 RCW, the Model Toxics Control Act. It establishes administrative processes and standards to identify, investigate, and clean up sites where hazardous substances have come to be located. It defines the role of ecology and encourage…

(1) This chapter applies to all sites where there has been a release or threatened release of a hazardous substance that may pose a threat to human health or the environment. Under this chapter, ecology may require or take those actions necessary to investigate and clean up these…

This section provides an overview of the cleanup process that typically occurs at a site following the discovery of a release or threatened release of a hazardous substance to the environment. See WAC 173-340-510 for an overview of the administrative options for investigating and…

Ecology will conduct or require remedial actions, or provide technical assistance for independent remedial actions, consistent with the provisions of this section.(1) Sharing information. Ecology's policy is to make information about releases or threatened releases available to o…

For the purpose of this chapter, the following definitions apply unless the context clearly requires otherwise:"Acute toxicity" means the ability of a hazardous substance to cause injury or death to an organism as a result of a short-term exposure to a hazardous substance."Agreed…

For the purposes of this chapter, the following apply:(1) Unless the context clearly requires otherwise, the use of the singular includes the plural and conversely.(2) The terms "applicable," "appropriate," "relevant," "unless otherwise directed by ecology" and similar terms impl…

(1) Purpose. This section sets forth the requirements for reporting a release or threatened release of a hazardous substance to the environment that may pose a threat to human health or the environment.(2) Applicability and timing. Except as provided under (a) of this subsection,…

(1) Purpose. The purpose of the initial investigation is to determine:(a) Whether there has been a release or threatened release of a hazardous substance to the environment;(b) Whether the release or threatened release may pose a threat to human health or the environment;(c) Whet…

(1) Purpose. The site hazard assessment and ranking process provides a method for ecology to assess and rank threats to human health and the environment posed by a site based on information readily available at the time of assessment. The site hazard assessment and ranking proces…

(1) Purpose. The purpose of the contaminated sites list is to identify:(a) All sites for which ecology or PLIA has determined further remedial action is necessary under state cleanup law to:(i) Confirm whether there is a threat to human health or the environment posed by a releas…

(1) Purpose. The purpose of the no further action sites list is to identify:(a) All sites where ecology or PLIA has determined no further remedial action is necessary under state cleanup law to meet the criteria in WAC 173-340-330(5); and(b) For each listed site, whether institut…

(1) Strategic plan. Ecology will develop and periodically update a comprehensive and integrated strategic plan for cleaning up contaminated sites. The strategic plan must prioritize contaminated sites that threaten likely vulnerable populations and overburdened communities, and c…

(1) Purpose. The purpose of a remedial investigation is to adequately characterize a contaminated site, including the distribution of hazardous substances and the threat they pose to human health and the environment, to enable:(a) Cleanup standards to be established under Part 7 …