Washington’s PFAS report: what’s due January 31

Who files

The rule calls the filer the reporting party, and there is one report per product (WAC 173-337-060). Ecology decides who that is in this order:

1. The company that had the product made, unless it has no US presence.
2. The company that sells it under its own name or trademark, unless it has no US presence.
3. The first importer or distributor that owned the product in the US.

If you’re a US brand and a contract factory makes your goods, the duty usually sits with you. A trade organization may also report for the manufacturers it represents.

Which products count

Products made on or after January 1, 2026 in these categories (WAC 173-337-110):

• Apparel intended for extreme and extended use
• Footwear: boots, sandals, shoes and water shoes
• Gear for recreation and travel
• Ski waxes, including spray and rub-on waxes and tuning products
• Cookware and kitchen supplies
• Also automotive waxes, floor waxes and polishes, hard surface sealers and firefighting gear

Outdoor upholstered furniture and furnishings have been reported every January 31 since 2025. Indoor upholstered furniture made from January 1, 2026 can’t contain intentionally added PFAS at all (WAC 173-337-110(3), (4)).

Extreme-use apparel is reported. Ordinary apparel is banned.

The rule splits clothing in two. Apparel intended for extreme and extended use goes in the report. Other apparel and accessories with intentionally added PFAS can’t be sold in Washington from January 1, 2027, for products made from that date (WAC 173-337-110(5)).

The rule doesn’t define “extreme and extended use” or “gear for recreation and travel,” and gives no examples. So the same water-repellent finish can mean a report for one jacket and a sales ban for another, depending on how the product is classed. Until Ecology says more, write down how you classed each product and why.

What goes in the notice

For each intentionally added PFAS (WAC 173-337-060):

• The chemical name and CAS number, or a generic name if there’s no CAS number
• The product category, at the GS1 “brick” level
• The component that contains it, such as a fabric, coating, ink or dye
• What it does in the product
• A concentration range: under 100 ppm, 100 to 500, 500 to 1,000, 1,000 to 5,000, 5,000 to 10,000, or 10,000 ppm and above. If several apply, report the highest.
• Your company’s name and address, a contact person, and which step of the order above makes you the reporting party

You don’t have to give formulations or the address of the factory that applies the chemical.

Getting ready before January 31

1. List what you sold into Washington. The first notice covers products sold or offered for sale there during 2026, made on or after January 1, 2026. The scope checker shows which categories apply.
2. Class each product. Extreme-use apparel or ordinary apparel, recreation gear or not. Note your reasoning.
3. Ask your suppliers. One request per supplier and material, naming the exact fabric or part code. Our free declaration template has the wording. Answers usually take two to four weeks.
4. Group by category and component. Washington asks for the product category and each component that contains PFAS, not a line per SKU, so sort your list that way before entering anything.
5. Prepare the notice. Each chemical, CAS number, component, function and range, plus your contact details.
6. Register and submit in HPCDS. HPCDS, the High Priority Chemicals Data System, is where Washington takes the notice (IC2: HPCDS). First-time users register. Whether a consultant can submit in HPCDS isn’t confirmed yet, so we prepare everything and either submit it or walk you through submitting it in your own account.

We found no state fee for this report in the rule or on Ecology’s pages.

If you don’t file

Washington’s penalty is set by statute: a civil penalty “not to exceed five thousand dollars for each violation” for a first offense, and up to ten thousand dollars for each repeat offense (RCW 70A.350.070(1)). Appeals go to the Pollution Control Hearings Board. Read the duty and the penalty in full.