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Rulemaking

Chapter 173-333 WAC
Chemical Action Plans

Rulemaking for Chapter 173-333 WAC Chemical Action Plans is on HOLD until further notice.

Overview

Introduction

Ecology proposes to amend Chapter 173-333 Washington Administrative Code (WAC) Chemical Action Plans [proposed title changed from Persistent Bioaccumulative Toxins]. This rule identifies the criteria for persistence, bioaccumulation, and toxicity (PBT) used to identify a chemical as a PBT, provides a list of chemicals for which Chemical Action Plans (CAPs) may be developed, identifies the CAP development process, and details the CAP contents. The CAP is a comprehensive plan to identify, characterize, and evaluate all uses and releases of specific chemicals or group of chemicals. Each CAP recommends actions to protect human health and the environment.

Why it matters

This rule amendment will incorporate recent scientific information relating to PBTs and other chemicals. The rule update will consider improvements to the CAP development process based on our experiences from the completion of five previous CAPs. Updating the chemical list and streamlining the CAP process will allow Ecology to update the science and focus our efforts on the most important chemicals. During this update we will evaluate the opportunity to provide consistency by aligning chemical criteria with other jurisdictions, like the European Union.

Persistent, bioaccumulative, toxic substances (PBTs) and other chemicals have been linked to a wide range of toxic effects in fish, wildlife, and humans, including effects on the nervous system, reproductive and developmental problems, immune-response suppression, cancer, and endocrine disruption. Reducing or eliminating these chemicals will protect human health and the environment.

Scope of rule development

We intend to amend the whole chapter. We propose this rulemaking to update the PBT criteria and list of chemicals appropriate for CAP development and streamline the CAP development process.

We will consider amending the PBT criteria to be consistent with the criteria used by other jurisdictions, like the European Union. We will update the list of chemicals appropriate for CAP development.

We will also evaluate ways to streamline the CAP development process and will consider whether including a fast-track CAP development process is appropriate.

Process of development

Ecology will use a listserv to inform interested stakeholders of rulemaking activities. Ecology will form an advisory committee of interested stakeholders to develop and comment on preliminary draft rule language.

To learn more about the rulemaking, see


ADDITIONAL RULE INFORMATION

CONTACT

Kara Steward
360-407-6250
Kara Steward

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Related Links

PBT Rule
PBT Initiative
Chemical Action Plans

Previous Rule Activity:
Governor's Executive Order 04-01
PBT Rule Adoption (2006)

Current CAP Activity:
PFAS CAP