Current through Register Vol. 24-06, March 15, 2024
(1) The report
required by
RCW
70.240.040 must be filed annually with the
department in accordance with the following:
(a) Each chemical on the CHCC list that is an
intentionally added chemical present in a product component must be reported at
any concentration above the PQL.
(b) Each chemical on the CHCC list that is a
contaminant present in a product component must be reported at any
concentration above 100 ppm. A manufacturer need not file a report with respect
to any CHCC that occurs in a product component only as a contaminant if the
manufacturer had in place a manufacturing control program and exercised due
diligence to minimize the presence of the contaminant in the
component.
(2) The
report must include all of the following information:
(a) The name of the CHCC and its Chemical
Abstracts Service registry number.
(b) The product category or categories in
which it occurs.
(c) The product
component or components within each product category in which it
occurs.
(d) A brief description of
the function, if any, of the CHCC in each product component within each product
category.
(e) The total
concentration of the CHCC contained in each product component within each
product category. The total concentration may be reported in ranges, rather
than the exact concentration. If there are multiple CHCC concentrations for a
given component in a particular product category, the manufacturer must use the
highest concentration for reporting.
For the purpose of this rule, the reporting ranges are as
follows:
(i) Equal to or more than the
PQL but less than 100 ppm (0.01%);
(ii) Equal to or more than 100 ppm (0.01%)
but less than 500 ppm (0.05%);
(iii) Equal to or more than 500 ppm (0.05%)
but less than 1,000 ppm (0.10%);
(iv) Equal to or more than 1,000 ppm (0.10%)
but less than 5,000 ppm (0.5%); or
(v) Equal to or more than 5,000 ppm (0.5%)
but less than 10,000 ppm (1.0%); or
(vi) Equal to or more than 10,000 ppm
(1.0%).
(f) The name and
address of the reporting manufacturer or trade organization and the name,
address and phone number of the contact person for the reporting manufacturer
or trade organization. When a trade organization is the reporting party, the
report must include a list of the manufacturers on whose behalf the trade
organization is reporting, and all of the information that would otherwise be
required of the individual manufacturers.
(g) Any other information the manufacturer
deems relevant to the appropriate use of the product.
(3) Reporting parties are not required to
include either:
(a) Any specific formula
information; or
(b) The specific
name and address of the facility which is responsible for the introduction of a
CHCC into a children's product or product component.
(4) If a reporting party believes the
information being provided is confidential business information (CBI), in whole
or in part, it may request that the department treat the information as
confidential business information as provided in
RCW
43.21A.160. The department will use its
established procedures to determine how it will handle the
information.
(5) The department
will maintain an online reporting database to be used for reporting on CHCCs.
This same database may be used by the reporting party to flag the submitted
information it thinks should be treated as CBI.
(6) Any information that is not determined to
be confidential business information will be available to the public. As
resources allow, the department will post this information on the department's
web site.
Statutory Authority: Chapter 70.240 RCW,
RCW
70.240.040. 11-16-008 (Order 09-04), §
173-334-080, filed 7/21/11, effective
8/21/11.