HB 5135 passed the Legislature on April 15 and seeks to address toxic chemical pollution in our state. The bill directs the Department of Ecology (Ecology) to produce Chemical Action Plans (CAPs) for priority chemicals every five years. AWC supported this bill as a holistic approach to addressing chemical pollution “upstream” rather than trying to capture these persistent toxic compounds after they enter our wastewater treatment systems—a costly and, for most chemicals, infeasible solution.

First CAP

By June 1, 2020, Ecology must identify priority consumer products that are a significant source of or use of PFAS, phthalates, organohalogen flame retardants, phenolic compounds, or PCBs. Ecology must determine regulatory actions for these identified priority consumer products by June 1, 2022 and adopt rules to implement the actions by June 1, 2023.

Subsequent CAPs

Beginning June 1, 2024, and every five years thereafter, Ecology must identify at least five priority chemicals and priority consumer products that contain those chemicals, determine regulatory actions, and adopt rules to implement the regulatory actions. Each step occurs annually, following a staggered five-year scheduled timeframe.