Plastic Packaging Among Washington State’s Priority Products
The Washington State Department of Ecology (DOE) released a report (November 2024 report) containing a draft list of 11 priority consumer product categories across 8 chemical classes to be evaluated under Cycle 2, Phase 2 of the Safer Products for Washington (SPW) program. Plastic packaging with organobromine or organochlorine substances is among the priority products.
By way of background, the Safer Products for Washington program implements the state’s Toxic Pollution Law (Chapter 70A.350 RCW). The law authorizes DOE, in consultation with the Washington Department of Health, to regulate classes of chemicals in consumer products. Under the first cycle of the program, DOE identified per- and polyfluoroalkyl substances (PFAS), ortho-phthalates, phenols, and flame retardants as priority classes. In Cycle 2, Phase 1, DOE identified the following new priority chemical classes: cadmium and cadmium compounds, lead and lead compounds, brominated and/or chlorinated substances, BTEX substances (benzene, toluene, ethylbenzene, and xylene), formaldehyde and formaldehyde releasers, cyclic volatile methylsiloxanes (cVMS), and 6PPD.
In the November 2024 report, DOE explained that plastic packaging is a significant source and use of organochlorine substances. The report notes that this category focuses on the polymers used in packaging materials, specifically polyvinyl chloride (PVC) and polyvinylidene chloride (PVDC), which are the main polymers made of organochlorine substances used in packaging.
Previously, in its Cycle 1.5 Regulatory Determinations Report to the legislature, DOE determined that cookware and kitchen supplies are a significant source and use of PFAS but explained that it didn’t evaluate safer, feasible, and available alternatives at that time due to resource limitations. In the November 2024 report, DOE said that the department intends to continue to work on PFAS in cookware during Phase 2 and could change its recommendation from a reporting requirement to a restriction if safer alternatives are feasible and available.