New Chemicals, New Products, New Obligations: Washington State Proposes Restrictions Across an Expanded Universe of Chemicals and Products

The draft contains proposals for new restrictions and reporting requirements that affect a broad range of consumer and commercial products. Several of the proposals target product categories that have received relatively little attention in other state chemicals-in-products programs, including architectural paints, hard-surface sealers, floor waxes and polishes, and certain firefighting personal protective equipment (PPE). 

Proposed Restrictions and Reporting Requirements

The proposal would also take no action at this time on PCBs in printing inks. Ecology notes that several reporting requirements are intended to gather information that could support future restrictions. 

Notably, several PFAS categories proposed for restriction, including cookware, firefighting PPE, floor waxes and polishes, and hard-surface sealers, are currently subject to reporting requirements under prior SPW rulemakings. The draft determinations would move these products from reporting to restriction requirements. 

How Washington Differs From Other States

Washington’s proposal reaches beyond many existing state chemical laws. While states such as Minnesota, Maine, California, and Colorado have focused PFAS restrictions on products such as food packaging, textiles, carpets, cosmetics, juvenile products, and apparel, Washington is proposing restrictions for architectural paints, hard-surface sealers, floor waxes and polishes, and certain firefighting PPE. 

The proposal is also notable for addressing 6PPD and cVMS. Ecology proposes restricting 6PPD in artificial turf while requiring reporting for tires, reflecting the agency’s conclusion that alternatives are currently available for one use but not the other. The proposed cVMS restriction would likewise place Washington among a relatively small number of jurisdictions regulating these substances in products. 

Finally, although Ecology stopped short of proposing restrictions on PVC and PVDC packaging, the reporting requirement suggests the agency may continue evaluating these materials in future SPW cycles. 

Next Steps

Ecology has opened a 45-day public comment period on the draft determinations that concludes on December 18. Ecology plans to issue final determinations by June 2027. Any resulting restrictions would be implemented through a future rulemaking, with final regulations currently due by June 2028. 

Practical Takeaways

Companies that manufacture, import, distribute, or sell affected products should consider:

• Identifying products containing PFAS, APEs, 6PPD, cVMS, flame retardants, ortho-phthalates, lead, cadmium, BTEX solvents, or PVC/PVDC materials. 
• Assessing whether products currently subject to reporting requirements could become subject to restrictions.
• Engaging suppliers regarding reformulation options and alternative materials.
• Evaluating whether to submit comments regarding technical feasibility, costs, product performance, or supply-chain impacts.
• Considering whether Washington’s requirements could become a de facto national standard for affected product lines.

Takeaway

Washington continues to expand the scope of state chemicals-in-products regulation, particularly in product categories that have not yet been the focus of most state programs. Companies with national product portfolios should closely assess the proposal’s potential impact and consider participating in the rulemaking process. If you have any questions about this proposal, please contact a member of the Environmental practice group.