WAC 173-337-110:

173-337-065 << 173-337-110 >> 173-337-111

Agency filings affecting this section

PDFWAC 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.

(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.

(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.

(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.

(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.

(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.

(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:

(A) By January 31, 2025.

(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.

(5) Apparel and accessories.

(a) Applicability.

(i) Priority consumer products. This subsection applies to apparel and accessories made from leather, natural textiles, synthetic textiles, or technical textiles.

(ii) This subsection does not apply to:

(A) Apparel and accessories that are firefighting PPE.

(B) Apparel and accessories with specific performance standards or criteria to protect the user from biological hazards or chemical hazards.

(D) Apparel and accessories made from materials other than leather, natural textiles, synthetic textiles, or technical textiles.

(E) Apparel intended for extreme and extended use.

(F) Footwear or footwear that is firefighting PPE.

(G) Gear for recreation and travel or gear that is firefighting PPE.

(b) Compliance schedule. The restriction in (c) of this subsection takes effect on January 1, 2027.

(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, 2027.

(ii) Ecology presumes the detection of total fluorine above 50 ppm 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.

(6) Apparel intended for extreme and extended use.

(a) Applicability.

(i) Priority consumer products. This subsection applies to apparel intended for extreme and extended use made from leather, natural textiles, synthetic textiles, or technical textiles.

(ii) This subsection does not apply to:

(A) Apparel intended for extreme and extended use that is firefighting PPE.

(B) Apparel intended for extreme and extended use with specific performance standards or criteria to protect the user from biological hazards or chemical hazards.

(D) Apparel intended for extreme and extended use made from materials other than leather, natural textiles, synthetic textiles, or technical textiles.

(E) Apparel and accessories or apparel and accessories that are firefighting PPE.

(F) Footwear or footwear that is firefighting PPE.

(G) Gear for recreation and travel or gear that is firefighting PPE.

(b) Compliance schedule.

(i) The reporting requirement in (c) of this subsection takes effect on January 1, 2026.

(ii) The reporting party must submit a notification to ecology in accordance with WAC 173-337-060:

(A) By January 31, 2027.

(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.

This does not apply to a priority consumer product described in (a) of this subsection manufactured before January 1, 2026.

(i) Ecology presumes the detection of total fluorine above 50 ppm 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.

(7) Footwear.

(a) Applicability.

(i) Priority consumer products. This subsection applies to footwear made from leather, natural textiles, synthetic textiles, or technical textiles. Footwear includes items intended to protect the foot. Footwear includes, but is not limited to, boots, sandals, shoes, and water shoes.

(ii) This subsection does not apply to:

(A) Footwear that is firefighting PPE.

(B) Footwear intended to be disposed of after each use.

(D) Apparel and accessories.

(E) Apparel intended for extreme and extended use.

(F) Gear for recreation and travel or gear that is firefighting PPE.

(b) Compliance schedule.

(i) The reporting requirement in (c) of this subsection takes effect on January 1, 2026.

(ii) The reporting party must submit a notification to ecology in accordance with WAC 173-337-060:

(A) By January 31, 2027.

(B) Annually thereafter by January 31st.

This does not apply to a priority consumer product described in (a) of this subsection manufactured before January 1, 2026.

(i) Ecology presumes the detection of total fluorine above 50 ppm 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.

(8) Gear for recreation and travel.

(a) Applicability.

(i) Priority consumer products. This subsection applies to gear for recreation and travel made from leather, natural textiles, synthetic textiles, or technical textiles.

(ii) This subsection does not apply to:

(A) Gear for recreation and travel intended to be disposed of after each use.

(B) Gear for recreation and travel made from materials other than leather, natural textiles, synthetic textiles, or technical textiles.

(D) Apparel intended for extreme and extended use.

(E) Footwear or footwear that is firefighting PPE.

(F) Gear that is firefighting PPE.

(b) Compliance schedule.

(i) The reporting requirement in (c) of this subsection takes effect on January 1, 2026.

(ii) The reporting party must submit a notification to ecology in accordance with WAC 173-337-060:

(A) By January 31, 2027.

(B) Annually thereafter by January 31st.

This does not apply to a priority consumer product described in (a) of this subsection manufactured before January 1, 2026.

(i) Ecology presumes the detection of total fluorine above 50 ppm 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.

(9) Automotive washes.

(a) Applicability.

(i) Priority consumer products. This subsection applies to automotive washes. Automotive washes are products that clean the exterior of automobiles including, but not limited to, the body, windshield, mirrors, lights, and grills. Automobiles include, but are not limited to, boats, buses, cars, emergency response vehicles, motorcycles, recreational vehicles, and trucks.

(ii) This subsection does not apply to:

(A) Automotive washes applied during automotive manufacturing.

(B) Automotive waxes.

(D) Products intended to clean an engine.

(b) Compliance schedule. The restriction in (c) of this subsection takes effect on January 1, 2027.

(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 PFAS that is used as a propellant.

This does not apply to a priority consumer product described in (a) of this subsection manufactured before January 1, 2027.

(ii) Ecology presumes the detection of total fluorine above 50 ppm 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.

(10) Automotive waxes.

(a) Applicability.

(i) Priority consumer products. This subsection applies to automotive waxes. Automotive waxes protect and enhance the exterior of automobiles. Automotive waxes include, but are not limited to, waxes that are part of all-in-one formulas that also clean automobiles. Automobiles include, but are not limited to, boats, buses, cars, emergency response vehicles, motorcycles, recreational vehicles, and trucks.

(ii) This subsection does not apply to:

(A) Automotive waxes applied during automotive manufacturing.

(B) Automotive washes.

(b) Compliance schedule.

(i) The reporting requirement in (c) of this subsection takes effect on January 1, 2026.

(ii) The reporting party must submit a notification to ecology in accordance with WAC 173-337-060:

(A) By January 31, 2027.

(B) Annually thereafter by January 31st.

This does not apply to a priority consumer product described in (a) of this subsection manufactured before January 1, 2026.

(i) Ecology presumes the detection of total fluorine above 50 ppm 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.

(11) Cleaning products.

(a) Applicability.

(i) Priority consumer products. This subsection applies to formulated cleaning products intended for residential, commercial, and institutional uses. This includes, but is not limited to, all-purpose cleaning products, cleaning products with disinfectants, and cleaning products for glass, bathrooms, dishes, and tiles.

(ii) This subsection does not apply to:

(A) Automotive washes.

(B) Cleaning products intended only for use in industrial facilities.

(b) Compliance schedule. The restriction in (c) of this subsection takes effect on January 1, 2027.

This does not apply to a priority consumer product described in (a) of this subsection manufactured before January 1, 2027.

(ii) Ecology presumes the detection of total fluorine above 50 ppm 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.

(12) Cookware and kitchen supplies.

(a) Applicability.

(i) Priority consumer products. This subsection applies to cookware and kitchen supplies.

(ii) This subsection does not apply to:

(A) Disposable or single-use cookware and kitchen supplies.

(B) Internal components of cookware and kitchen supplies that do not contact food, foodstuffs, or beverages.

(b) Compliance schedule.

(i) The reporting requirement in (c) of this subsection takes effect on January 1, 2026.

(ii) The reporting party must submit a notification to ecology in accordance with WAC 173-337-060:

(A) By January 31, 2027.

(B) Annually thereafter by January 31st.

This does not apply to a priority consumer product described in (a) of this subsection manufactured before January 1, 2026.

(i) Ecology presumes the detection of total fluorine above 50 ppm 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.

(13) Firefighting personal protective equipment (PPE).

(a) Applicability.

(i) Priority consumer products. This subsection applies to firefighting PPE as defined in chapter 70A.400 RCW.

(ii) This subsection does not apply to:

(A) Apparel and accessories that do not meet the definition of "firefighting PPE."

(B) Footwear that does not meet the definition of "firefighting PPE."

(b) Compliance schedule.

(i) The reporting requirement in (c) of this subsection takes effect on January 1, 2026.

(ii) The reporting party must submit a notification to ecology in accordance with WAC 173-337-060:

(A) By January 31, 2027.

(B) Annually thereafter by January 31st.

This does not apply to a priority consumer product described in (a) of this subsection manufactured before January 1, 2026.

(i) Ecology presumes the detection of total fluorine above 50 ppm 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.

(14) Floor waxes and polishes.

(a) Applicability. Priority consumer products. This subsection applies to floor waxes and polishes. Floor waxes and polishes are intended to polish, protect, or enhance floor surfaces. Floor waxes and polishes can be used on a variety of floor types including, but not limited to, linoleum, stone, tile, vinyl, and wood.

(b) Compliance schedule.

(i) The reporting requirement in (c) of this subsection takes effect on January 1, 2026.

(ii) The reporting party must submit a notification to ecology in accordance with WAC 173-337-060:

(A) By January 31, 2027.

(B) Annually thereafter by January 31st.

This does not apply to a priority consumer product described in (a) of this subsection manufactured before January 1, 2026.

(i) Ecology presumes the detection of total fluorine above 50 ppm 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.

(15) Hard surface sealers.

(a) Applicability. Priority consumer products. This subsection applies to hard surface sealers. Hard surface sealers are intended to seal hard porous surfaces to provide a barrier to protect such surfaces from liquids and soils. Hard surface sealers can be used on a variety of hard surfaces including, but not limited to, concrete, hardwood, linoleum, stone, tile, and vinyl flooring.

(b) Compliance schedule.

(i) The reporting requirement in (c) of this subsection takes effect on January 1, 2026.

(ii) The reporting party must submit a notification to ecology in accordance with WAC 173-337-060:

(A) By January 31, 2027.

(B) Annually thereafter by January 31st.

This does not apply to a priority consumer product described in (a) of this subsection manufactured before January 1, 2026.

(i) Ecology presumes the detection of total fluorine above 50 ppm 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.

(16) Ski waxes.

(a) Applicability. Priority consumer products. This subsection applies to ski waxes. Ski waxes include, but are not limited to, hot wax, spray wax, rub-on wax, and related tuning products for snow runners like skis and snowboards.

(b) Compliance schedule.

(i) The reporting requirement in (c) of this subsection takes effect on January 1, 2026.

(ii) The reporting party must submit a notification to ecology in accordance with WAC 173-337-060:

(A) By January 31, 2027.

(B) Annually thereafter by January 31st.

This does not apply to a priority consumer product described in (a) of this subsection manufactured before January 1, 2026.

(i) Ecology presumes the detection of total fluorine above 50 ppm 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.

[Statutory Authority: Chapter 70A.350 RCW and RCW 70A.02.060. WSR 25-24-007 (Order 23-07), s 173-337-110, filed 11/20/25, effective 12/21/25. Statutory Authority: Chapter 70A.350 RCW. WSR 23-12-044 (Order 21-01), § 173-337-110, filed 5/31/23, effective 7/1/23.]