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Washington Releases Draft Cycle 1.5 PFAS Regulatory Actions

WA Dept. of Ecology shared a draft of the regulatory determinations for Cycle 1.5 of the Safer Products program, seeking to establish restrictions or reporting for products containing PFAS.

Several cleaning products, glove and dustpan on a shelf in a storage closet

December 12, 2023

By Krystal Spickler, program manager, Supply Chain team, UL Solutions

Established by a 2019 law, Washington’s Safer Products program was established to reduce the use of toxic chemicals in consumer products and prevent them from entering the environment. It creates a repeating process every five years, under which priority consumer products and priority chemicals are evaluated for regulatory action. Regulatory actions may include reporting requirements or restrictions on use of a chemical in product.

The rule for cycle 1 of the program was finalized in May, with some obligations requiring action (such as tracking activities to facilitate reporting) as early as January 2024. Per- and polyfluoroalkyl substances (PFAS) were addressed in this rule, including prohibitions of PFAS in aftermarket stain-/water- resistance treatments, carpets and rugs, and leather or textile furnishings and furniture for indoor use. A reporting requirement was also implemented for leather or textile furnishings for outdoor use.

Cycle 1.5 was announced in 2022, under which further attention to PFAS in consumer products is given. Priority products under the cycle include:

  • Apparel and gear
  • Firefighting personal protective equipment (PPE)
  • Cleaning products, including those for automobiles or boats
  • Waxes, such as floor waxes and polishes, automobile waxes, and ski wax
  • Nonstick cookware and kitchen articles, including frying pans, rice cookers, and bakeware
  • Hard surface sealants, such as those applied to hard surfaces like stone and wood

The Dept. of Ecology released a draft regulatory determinations report on Dec. 6, 2023. This draft report summarizes available alternatives to PFAS for the captioned consumer products, examples of covered product, and the Department’s draft regulatory action. The draft noted that due to limitations, alternatives for PFAS in cookware and kitchen supplies and hard surface sealants were not evaluated. For this reason, a reporting requirement is proposed for these categories but the department may consider restrictions in the future. Alternatives were unable to be found for firefighting PPE, various wax products, floor finishes and hard surface sealants, so reporting requirements are proposed at this time.

Summary of proposed actions:

Priority Product

Examples of In-scope Product

Proposed Regulatory Action

Apparel and gear

Apparel: athleticwear, reusable diapers, menstrual underwear, rain wear, school uniforms, shoes, accessories like hats and scarves

Gear: non-clothing items such as backpacks, sleeping bags, umbrellas, and camping furniture

Apparel intended for extended use by experts or professionals and not otherwise marketed to the public: Reporting

Shoes: Reporting

All other types of apparel: Restriction

Gear: Reporting

Firefighting PPE

Jackets, shoes, helmets and respiratory equipment designed and intended for use in fire or rescue


Cleaning products

All-purpose cleaners, disinfectants, glass cleaners, automotive cleaning products; where PFAS are used as propellants, they are out of scope.


Automotive washes

Boat, car, and truck washes


Automotive waxes

Polish, all-in-one wax, wet wax for cars, RVs, and boats; waxes or polishes applied during manufacture are excluded from scope


Floor waxes and polishes

Floor finishes and gloss polishes


Ski waxes

Hot wax, spray wax, rub-on wax for skis or snowboards


Hard surface sealants

Products used to seal unglazed tile, concrete, or wood


Cookware and kitchen supplies

Frying pans, waffle makers, reusable baking liners, griddles


Comments are accepted from the public beginning Dec. 6 to Jan. 12, 2024 and can be submitted electronically through the comment form or by mail through the contact information listed on the website. The Dept. of Ecology is also hosting two webinars (on December 13 and December 14) to share out additional information and answer questions regarding the draft determinations report.  Interested parties can register through links on the Safer Products landing page linked below.


Draft Regulatory Determinations Report to the Legislature: Safer Products for Washington Cycle 1.5 Implementation Phase 3

Public comment period - Washington State Department of Ecology

Safer Products for Washington - Washington State Department of Ecology

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