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US - Washington Kicks off the Rulemaking Process on the Proposed Restriction on Certain Consumer Products

​Washington Department of Ecology outlines Preliminary Draft Rule for certain products in August and started the second phase of this rulemaking on 7 December. Basically, the proposed rule is very similar to the preliminary draft rules, just having some adjustments on the limits of flame retardants and addition of five organophosphate flame retardants:

Restrictions:

Per- and polyfluoroalkyl Substances (PFAS) - No intentionally added amount for

​- aftermarket stain- and water- resistance treatments to textile and leather consumer products, effective January 1, 2025
- carpets and rugs (indoor or outdoor use) including carpeted mats, effective January 1, 2025

- Leather and textile furniture and furnishing (indoor use), effective January 1, 2026


Phthalates

- Fragrances in beauty products and personal care products - no intentionally added amount, effective January 1, 2025

- Vinyl flooring - 1000 ppm (sum), effective January 1, 2025


Organohalogen flame retardants (OFRs)

- Plastic external enclosures of TV & electronic displays (indoor use) - no intentionally added amount*, effective January 1, 2025

- Plastic external enclosures for other EEEs (indoor use) - no intentionally added amount*, effective January 1, 2026 (for large business) and January 1, 2027 (for small business)

*Intentionally added amount means:

    - Total bromine / chlorine concentrations: > 1000 ppm

    - Total fluorine concentrations: > 1000 ppm with < 5000 ppm of total phosphous

- Other creational products made from polyurethane foams - no intentionally added amount*, effective 1 Jan 2025

    - Total bromine / chlorine / fluorine concentrations: > 1000 ppm

    - EHDPP, IPTPP, TNBP, TCP and TPP: > 1000 ppm (sum)​


Alkylphenol Ethoxylates (APEOs)

- Lanudry detergent - 1000 ppm (sum), effective January 1, 2025​


Bisphenols

- Drink can linings - total ban excluding TMBPF, effective January 1, 2025

- Thermal paper - 200 ppm each, effective January 1, 2025​


Reporting requirements
Shall report to the Department of Ecology if the following chemical substances are found in the specified products below, effective January 1, 2024.

PFAS
- Leather and textile furniture and furnishings (outdoor use)

OFRs

- Plastic external enclosures of EEEs (outdoor use)

​    - Total bromine / chlorine concentrations: > 1000 ppm

- Total fluorine concentrations: > 1000 ppm with < 5000 ppm of total phosphous​

OFRs & EHDPP, IPTPP, TNBP, TCP and TPP
- Recreational covered wall padding made from polyurethane foams
    - Total bromine / chlorine / fluorine concentrations: > 1000 ppm
- EHDPP, IPTPP, TNBP, TCP and TPP: > 1000 ppm (sum)​

Bisphenols
- Food can linings​​

The comment period will run several weeks until February 5, 2023.


Source Link: Proposed rules

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