The Washington Department of Ecology (WDOE) issued a proposed rule on June 4, 2025, that would regulate per- and polyfluoroalkyl substances (PFAS) in certain consumer products. Beginning January 1, 2027, the proposed rule would prohibit the intentional use of PFAS in:
- Apparel and accessories;
- Automotive washes; and
- Cleaning products.
The proposed rule states that WDOE would presume the detection of total fluorine indicates the intentional addition of PFAS. Manufacturers would be able to rebut this presumption by submitting a statement to WDOE that PFAS were not intentionally added along with "credible evidence" supporting that statement. Under the proposed rule, manufacturers would be required to report by January 31, 2027, intentionally added PFAS in the following products manufactured on or after January 1, 2026:
- Apparel for extreme and extended use;
- Footwear;
- Gear for recreation and travel;
- Automotive waxes;
- Cookware and kitchen supplies;
- Firefighting personal protective equipment (PPE);
- Floor waxes and polishes;
- Hard surface sealers; and
- Ski waxes.
Annual reports would be due thereafter. WDOE will hold online hearings on July 9 and July 10, 2025. Comments on the following draft documents are due July 20, 2025:
- Proposed rule: Includes draft restrictions and reporting requirements on intentionally added PFAS in 12 product categories. This rulemaking focuses on requirements related to PFAS in 12 new product categories;
- Preliminary Regulatory Analyses: Explains the potential costs and benefits of the proposed rule; and
- Draft State Environmental Policy Act (SEPA) Determination of Non-Significance and Environmental Checklist: Describes potential environmental benefits of the proposed rule.
WDOE will review comments, consider revisions to the proposed rule and other rulemaking documents, and respond to comments. WDOE states that it expects to decide on rule adoption in November 2025.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
