Waste 2 Resources > Solid Waste Rules > Children's Safe Products Act, Reporting Rule > Pilot Process

Children's Safe Product Act Pilot Rule

What was the pilot phase for this rule effort?

The pilot phase provided manufacturers that will be regulated by the final rule a chance to test how the rule may affect them. Pilot participants were expected to communicate any issues as they occur rather than waiting until the end of the pilot. Additionally, participants were strongly encouraged to submit a written final report indicating what worked and clarifying any unresolved issues. Ecology considered this input and our own experience of the pilot to draft the final rule. Click here for correspondence, supporting documents and Ecology's final report on the pilot rule.

How did the pilot phase work?

Participants were provided with the pilot rule language, including the list of reporting chemicals and the process we used to identify them.

Ecology encouraged participants to seriously evaluate how the implementation of the rule would affect them. Participants were asked to determine what they would need to do to comply with the rule for specific products or product categories, and to identify parts of the rule they thought needed clarification or modification.

Input Ecology sought during the pilot phase

• Any data/suggestions which might help us determine the reporting trigger values. This could include risk assessments, 'safe harbor' values from other authoritative bodies, assumptions used to determine likely migration of chemicals, etc.
• Suggestions on which chemicals should be removed or added to the reporting list.
• Suggestions on how to improve the chemical selection process.
• Any data on chemicals likely to be in various children's products, or the raw material used to make children products.
• Information on analytical techniques for chemicals in different matrices (e.g. plastics, lotions, fabrics)
• Recommended layout for the reporting form to support one annual submittal for each manufacturer covering multiple products.
• Information on the time required to reformulate products.
• Information on the typical time frame for a product to go from the design phase to the shelf.
• Information on lead times needed to affect seasonal (Halloween, Thanksgiving, etc.) products including ordering and tracking and how compliance issues for these types of products might be different from products available year round.
• Recommendations on how to better phase in the reporting.
• Suggestions to improve the rule regarding the contaminant vs. intentionally added issue.
• Information about labs used to test products - locations, prices etc.
• Suggestions regarding any needed clarification of the confidential business information (CBI) requirements under Washington's public disclosure law.
• Information that would help us better understand the costs of complying with this law. This could include lab costs, third party monitoring, an audit system etc.
• Suggestions regarding safer alternative assessments including company specific mandates or use of third party systems.

Pilot Rule Milestones & Timeline

Activity	Date
Start Advisory Group phase	06/01/2009
End Active Advisory Group phase	12/16/2009
Write Pilot Rule and Develop Pilot Project Process	01/28/2010
Recruit Pilot Rule Testers, Finalize Guidelines	02/01/2010
Start Pilot Rule Test Phase	02/01/2010
End Pilot Rule Test	05/2010
Get Final Written Comments from Testers	06/2010
Release Pilot Process Report & modified rule wording based on pilot input	07/2010
Proceed with formal rule process.	08/2010