wa-law.org > bill > 2025-26 > HB 2421 > Second Substitute
The legislature finds that 6PPD (N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine) is a chemical commonly used in motor vehicle tires to keep them from cracking and degrading quickly. 6PPD works by moving to the surface of the tire and forming a film that protects the tire. When 6PPD is exposed to oxygen and ozone at the surface of a tire, it forms 6PPD-quinone (2-((4-methylpentan-2-yl)amino)-5-(phenylamino)cyclohexa-2,5-diene-1,4-dione). As tires are used and degrade, they release 6PPD-quinone as tire wear particles that are washed or deposited into streams, rivers, and other water bodies through stormwater runoff, aerial deposition, and other pathways.
The legislature further finds that 6PPD-quinone is directly linked to urban runoff mortality syndrome, a condition where coho salmon die prior to spawning. 6PPD-quinone is known to be toxic to aquatic species and is the primary causal toxicant for coho salmon.
The legislature recognizes the urgency in reducing and stopping the release of 6PPD-quinone into Washington waterways by incentivizing the development and use of safer alternatives to protect salmon, trout, and other aquatic species. Salmon, trout, and other aquatic species are central to Washington's ecosystems, treaty-reserved tribal rights, cultural heritage, recreational fishing, and the state's economy. Ongoing mortality of salmonids linked to 6PPD-quinone undermines ecological health, fisheries, and community well-being.
The legislature further finds that alternatives to 6PPD are under development. Phasing out 6PPD in favor of safer alternatives will incentivize innovation, protect aquatic species, reduce stormwater pollution, align with Washington's leadership in toxics reduction and salmonid recovery, and provide the timing necessary to identify an alternative to 6PPD that ensures motorist safety and protection of human health and the environment.
It is therefore the legislature's intent to restrict 6PPD in tires after providing time for the industry to bring 6PPD alternatives into the marketplace, and restrict 6PPD substitutes that are not safer alternatives to 6PPD in tires.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"6PPD" has the same meaning as in RCW 70A.350.010(1).
"Department" means the department of ecology.
"Regrettable 6PPD substitute" means a chemical or chemicals that are not determined by the department to be a safer alternative consistent with section 3 of this act.
"Safer alternative" has the same meaning as in RCW 70A.350.010.
"Vehicle" has the same meaning as in RCW 46.04.670.
Beginning January 1, 2035, no person may manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state a new vehicle tire containing intentionally added 6PPD or a regrettable 6PPD substitute identified by rule by the department.
In adopting rules to identify regrettable 6PPD substitutes subject to the requirements of this section, the department, in consultation with the department of health, may consider information generated by other states or nations to identify likely regrettable 6PPD substitutes. The department may identify as a regrettable 6PPD substitute any alternative that it determines is not a safer alternative consistent with the criteria established under chapter 70A.350 RCW.
The provisions of this section do not apply to vehicle tires for use on products certified, regulated, or specified by the United States federal aviation administration, United States department of defense, United States department of homeland security, or the national aeronautics and space administration.
Nothing in this chapter limits the authority of the department with respect to tires, 6PPD, or 6PPD substitutes under chapter 70A.350 RCW.
The department may adopt rules as necessary for implementing, administering, and enforcing this chapter. The department may not start rule making under this subsection prior to July 1, 2029.
A person violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. Repeat violations are subject to a civil penalty not to exceed $10,000 for each repeat offense.
The department may issue a corrective action order to a person in violation of the requirements of this chapter.
Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board.
All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180.
(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the air pollution control boards or authorities as established pursuant to chapter 70A.15 RCW, local health departments, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and authorized public entities described in chapter 79.100 RCW:
(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.230.080, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.430.070, 70A.455.090, 70A.500.260, 70A.505.110, 70A.555.110, 70A.560.020, 70A.208.230, section 4 of this act, 70A.565.030, 86.16.081, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity. For penalties issued by local air authorities, within 30 days after the notice is received, the person incurring the penalty may apply in writing to the authority for the remission or mitigation of the penalty. Upon receipt of the application, the authority may remit or mitigate the penalty upon whatever terms the authority in its discretion deems proper. The authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.