SB 5931 — Expediting the safer products for Washington process regarding motorized vehicle tires containing 6PPD.

S-4111.2S-3715.2 SUBSTITUTE SENATE BILL 5931 State of Washington 68th Legislature 2024 Regular Session By Senate Environment, Energy & Technology (originally sponsored by Senators Salomon, Kauffman, Billig, Frame, Lovelett, Pedersen, Shewmake, and Wellman)Wellman READPrefiled FIRST01/02/24. TIME 01/29/24.

ANRead ACTfirst Relatingtime to01/08/24. addressing 6PPD in motorized vehicle tires through safer products for Washington;

amendingReferred RCWto 70A.350.010Committee andon 70A.350.050;Environment, Energy & Technology.

AN ACT Relating to expediting the safer products for Washington process regarding motorized vehicle tires containing 6PPD;

amending RCW 70A.350.010, 70A.350.030, and 70A.350.050;

1 SSBSB 5931 (3) The legislature finds it important to reduce sources and uses of 6PPD in Washington to protect aquatic life, particularly salmon.

Since 6PPD is ubiquitous in motorized vehicle tires, the legislature intends to identifyexpedite 6PPDthe assafer aproducts priorityfor chemicalWashington andprocess certainregarding motorizedsuch vehicle tires containing 6PPD6PPD. as priority consumer products under safer products for Washington.

(((7))) (8)(a)(8) "Motorized"Organohalogen" vehicle" means a vehicleclass intendedof forchemicals on-highwaythat includes any chemical containing one or off-highwaymore use.halogen elements bonded to carbon.

(b)(((8))) "Motorized(9) vehicle""Perfluoroalkyl doesand notpolyfluoroalkyl includesubstances" theor tires"PFAS equippedchemicals" onmeans thea vehicleclass norof tiresfluorinated soldorganic separatelychemicals forcontaining replacementat purposes.least one fully fluorinated carbon atom.

(9)(((9))) "Organohalogen"(10) means"Phenolic acompounds" classmeans ofalkylphenol chemicalsethoxylates thatand includesbisphenols. any chemical containing one or more halogen elements bonded to carbon.

2 SSBSB 5931 (((8)))(((10))) (10)(11) "Perfluoroalkyl"Phthalates" and polyfluoroalkyl substances" or "PFAS chemicals" means asynthetic classchemical esters of fluorinatedphthalic organicacid. chemicals containing at least one fully fluorinated carbon atom.

(((9)))(((11))) (11)(12) "Phenolic"Polychlorinated compounds"biphenyls" or "PCBs" means alkylphenolchemical ethoxylatesforms that consist of two benzene rings joined together and bisphenols.containing one to ten chlorine atoms attached to the benzene rings.

(((10)))(((12))) (12)(13) "Phthalates""Priority chemical" means synthetica chemical estersor ofchemical phthalicclass acid.used as, used in, or put in a consumer product including:

(((11))) (13) "Polychlorinated biphenyls" or "PCBs" means chemical forms that consist of two benzene rings joined together and containing one to ten chlorine atoms attached to the benzene rings.

(((12))) (14) "Priority chemical" means a chemical or chemical class used as, used in, or put in a consumer product including:

(((13))) (15)(14) "Safer alternative" means an alternative that is less hazardous to humans or the environment than the existing chemical or chemical process.

(((14))) (16)(15) "Sensitive population" means a category of people that is identified by the department that may be or is disproportionately or more severely affected by priority chemicals, such as:

(((15))) (17)(16) "Sensitive species" means a species or grouping of animals that is identified by the department that may be or is p.disproportionately or more severely affected by priority chemicals, such as:

3 SSB 5931 disproportionately or more severely affected by priority chemicals, such as:

Sec.p.

3 SB 5931 Sec.

RCW 70A.350.030 and 2022 c 264 s 3 are each amended to read as follows:

(1) Every five years, and consistent with the timeline established in RCW 70A.350.050, the department, in consultation with the department of health, shall identify priority consumer products that are a significant source of or use of priority chemicals.

The department must submit a report to the appropriate committees of the legislature at the time that it identifies a priority consumer product.

(2) When identifying priority consumer products under this section, the department must consider, at a minimum, the following criteria:

(a) The estimated volume of a priority chemical or priority chemicals added to, used in, or present in the consumer product;

(b) The estimated volume or number of units of the consumer product sold or present in the state;

(c) The potential for exposure to priority chemicals by sensitive populations or sensitive species when the consumer product is used, disposed of, or has decomposed;

(d) The potential for priority chemicals to be found in the outdoor environment, with priority given to surface water, groundwater, marine waters, sediments, and other ecologically sensitive areas, when the consumer product is used, disposed of, or has decomposed;

(e) If another state or nation has identified or taken regulatory action to restrict or otherwise regulate the priority chemical in the consumer product;

(f) The availability and feasibility of safer alternatives;

and (g) Whether the department has already identified the consumer product in a chemical action plan completed under chapter 70A.300 RCW as a source of a priority chemical or other reports or information gathered under chapter 70A.430, 70A.405, 70A.222, 70A.335, 70A.340, 70A.230, or 70A.400 RCW.

(3) The department is not required to give equal weight to each of the criteria in subsection (2)(a) through (g) of this section when identifying priority consumer products that use or are a significant source of priority chemicals.

(4) To assist with identifying priority consumer products under this section and making determinations as authorized under RCW 70A.350.040, the department may order a manufacturer to submit a p.

4 SB 5931 notice to the department that contains the information specified in RCW 70A.430.060 (1) through (6) or other information relevant to subsection (2)(a) through (d) of this section.

The manufacturer must provide the notice to the department no later than six months after receipt of such a demand by the department.

(5)(a) Except as provided in section 5 of this act and (b) of this subsection, the department may not identify the following as priority consumer products under this section:

(i) Plastic shipping pallets manufactured prior to 2012;

(ii) Food or beverages;

(iii) Tobacco products;