Every five years, and consistent with the timeline established in RCW 70A.350.050, the department, in consultation with the department of health, must report to the appropriate committees of the legislature its decision to designate at least five priority chemicals that meet at least one of the following:

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(1) The chemical or a member of a class of chemicals are identified by the department as a:
(a) High priority chemical of high concern for children under chapter 70A.430 RCW; or
(b) Persistent, bioaccumulative toxin under chapter 70A.300 RCW;
(2) The chemical or members of a class of chemicals are regulated:
(a) In consumer products under chapter 70A.430, 70A.405, 70A.222, 70A.335, 70A.340, 70A.230, or 70A.400 RCW; or
(b) As a hazardous substance under chapter 70A.300 or 70A.305 RCW; or
(3) The department determines the chemical or members of a class of chemicals are a concern for sensitive populations and sensitive species after considering the following factors:
(a) A chemical’s or members of a class of chemicals’ hazard traits or environmental or toxicological endpoints;
(b) A chemical’s or members of a class of chemicals’ aggregate effects;
(c) A chemical’s or members of a class of chemicals’ cumulative effects with other chemicals with the same or similar hazard traits or environmental or toxicological endpoints;
(d) A chemical’s or members of a class of chemicals’ environmental fate;
(e) The potential for a chemical or members of a class of chemicals to degrade, form reaction products, or metabolize into another chemical or a chemical that exhibits one or more hazard traits or environmental or toxicological endpoints, or both;
(f) The potential for the chemical or class of chemicals to contribute to or cause adverse health or environmental impacts;
(g) The chemical’s or class of chemicals’ potential impact on sensitive populations, sensitive species, or environmentally sensitive habitats;
(h) Potential exposures to the chemical or members of a class of chemicals based on:
(i) Reliable information regarding potential exposures to the chemical or members of a class of chemicals; and
(ii) Reliable information demonstrating occurrence, or potential occurrence, of multiple exposures to the chemical or members of a class of chemicals.
[ 2020 c 20 § 1452; 2019 c 292 § 2. Formerly RCW 70.365.020.]