Section 173-337-110 - PFAS(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 application to textile and leather consumer products.(C) Aftermarket stain-resistant and water-resistant treatments for application to textile and leather consumer products.(ii) This subsection does not apply to premarket topical chemical treatments applied during the manufacturing process.(b)Compliance schedule. The restriction in (c) of this subsection takes effect on January 1, 2025.(c)Restriction.(i) No person may manufacture, sell, or distribute a priority consumer product described in (a) of this subsection that contains intentionally added PFAS. This does not apply to a priority consumer product described in (a) of this subsection manufactured before January 1, 2025.
(ii) Ecology presumes the detection of total fluorine indicates the intentional addition of PFAS.(iii) Manufacturers may rebut this presumption by submitting a statement to ecology that includes the following information.(A) The name and address of the person submitting the statement.(B) A statement that PFAS were not intentionally added. Provide credible evidence supporting that statement and include information, data, or sources relevant to demonstrate that PFAS were not intentionally added.(2)Carpets and rugs.(a)Applicability. Priority consumer products. This subsection applies to: (i) Carpets intended for indoor use or intended for outdoor use.(ii) Rugs intended for indoor use or intended for outdoor use, including carpeted mats.(b)Compliance schedule. The restriction in (c) of this subsection takes effect on January 1, 2025.(c)Restriction.(i) No person may manufacture, sell, or distribute a priority consumer product described in (a) of this subsection that contains intentionally added PFAS. This does not apply to a:
(A) Priority consumer product described in (a) of this subsection manufactured before January 1, 2025, even if the priority consumer product was refurbished after January 1, 2025.(B) Repair part or replacement part that was made to refurbish a priority consumer product described in (a) of this subsection that was manufactured before January 1, 2025.(ii) Ecology presumes the detection of total fluorine indicates the intentional addition of PFAS.(iii) Manufacturers may rebut this presumption by submitting a statement to ecology that includes the following information.(A) The name and address of the person submitting the statement.(B) A statement that PFAS were not intentionally added. Provide credible evidence supporting that statement and include information, data, or sources relevant to demonstrate that PFAS were not intentionally added.(3)Leather and textile furniture and furnishings intended for indoor use.(a)Applicability.(i) Priority consumer products. This subsection applies to leather and textile furniture and furnishings intended for indoor use.(ii) This subsection does not apply to:(A) Leather and textile furniture and furnishings intended for outdoor use.(B) Leather and textiles sold separately and not part of furniture and furnishings.(b)Compliance schedule. The restriction in (c) of this subsection takes effect on January 1, 2026.(c)Restriction.(i) No person may manufacture, sell, or distribute a priority consumer product described in (a) of this subsection that contains intentionally added PFAS. This does not apply to a:
(A) Priority consumer product described in (a) of this subsection manufactured before January 1, 2026, even if the priority consumer product was refurbished after January 1, 2026.(B) Repair part or replacement part that was made to refurbish a priority consumer product described in (a) of this subsection that was manufactured before January 1, 2026.(ii) Ecology presumes the detection of total fluorine indicates the intentional addition of PFAS.(iii) Manufacturers may rebut this presumption by submitting a statement to ecology that includes the following information.(A) The name and address of the person submitting the statement.(B) A statement that PFAS were not intentionally added. Provide credible evidence supporting that statement and include information, data, or sources relevant to demonstrate that PFAS were not intentionally added.(4)Leather and textile furniture and furnishings intended for outdoor use.(a)Applicability.(i) Priority consumer products. This subsection applies to leather and textile furniture and furnishings intended for outdoor use.(ii) This subsection does not apply to:(A) Leather and textile furniture and furnishings intended for indoor use.(B) Leather and textiles sold separately and not part of furniture and furnishings.(b)Compliance schedule.(i) The reporting requirement in (c) of this subsection takes effect on January 1, 2024.(ii) The reporting party must submit a notification to ecology in accordance with WAC 173-337-060: (B) Annually thereafter by January 31st.(c)Reporting. The manufacturer must provide notice that the priority consumer product described in (a) of this subsection, contains intentionally added PFAS. The manufacturer must provide notice to ecology in accordance with WAC 173-337-060. (i) Ecology presumes the detection of total fluorine indicates the intentional addition of PFAS.(ii) Manufacturers may rebut this presumption by submitting a statement to ecology that includes the following information. (A) The name and address of the person submitting the statement.(B) A statement that PFAS were not intentionally added. Provide credible evidence supporting that statement and include information, data, or sources relevant to demonstrate that PFAS were not intentionally added.Wash. Admin. Code § 173-337-110
Adopted by WSR 23-12-044, Filed 5/31/2023, effective 7/1/2023