Legislators Push Broader Additions to Washington High Concern List

State legislators and consumer advocates have called on Washington state's Department of Ecology to expand the pool of substances to be added to its chemicals of high concern list (CHCC) beyond the 21 current chemical candidates.

This is according to comments submitted in response to a proposed rulemaking to update the state's Children's Safe Products Reporting Rule. Among changes, the draft update calls for adding a variety of phthalates, flame retardant and bisphenols, while deleting three substances from the list of reportable substances.

Thirty legislators called on the ecology department to include three additional phthalates – DEMP, DIOP and DIPP – and to capture PFOA-related compounds when adding perfluorooctanoic acid (PFOA) to the list. They also requested that D4 remain a listed substance.

Dozens of individual commenters and the NGO the Endocrine Disruption Exchange (TEDX) echoed their suggestion.

Washington-based NGO Toxic Free Future also called for the addition of the flame retardants dechlorane plus and BDBPE.

Industry views

Comments from the American Apparel & Footwear Association (AAFA) and Juvenile Products Manufacturers Association (JPMA) supported a provision in the rule allowing first-time reporters to request an extension beyond the 31 January 2019 deadline.

The AAFA also urged the agency to adhere to the requirement that "credible, peer-reviewed scientific information" be relied on for listing decisions when considering the addition of new substances to the CHCC list.

In its comments the Israeli Chemicals Industrial Products America (ICL-IPA) said it was surprised to see a recommendation to list the flame retardant butylated triphenyl phosphate (TBTPP). While submitting data "supporting the safety in use, combined with the non-use in the children's products" of the substance, it called for its non listing.

The Department of Ecology says it will respond to comments as part of its rule adoption packet. This is set to be published, together with the final rule, in September 2017.