Code of the District of Columbia

Subchapter IV-A. Restrictions on Bisphenol-A, Polybrominated Diphenyl Ethers, and Perchloroethylene.


§ 8–108.01. Restrictions on bisphenol-A.

(a) Except as provided in subsection (b) of this section, no individual or legal entity shall manufacture, sell, offer for sale, or distribute in commerce any empty bottle, cup, or other container that:

(1) Contains bisphenol-A; and

(2) Is designed or intended by the manufacturer to be filled with food or liquid for consumption by a child under the age of 4.

(b) Facilities licensed to provide medical care may use Food and Drug Administration-approved, medically essential products containing bisphenol-A if a suitable alternative is unavailable.


(Mar. 31, 2011, D.C. Law 18-336, § 2, 58 DCR 605.)

Editor's Notes

Section 8 of D.C. Law 18-336 provided: “Sec. 8. Applicability. This act shall apply as of July 1, 2011.”

Delegation of Authority

Delegation of Authority under D.C. Law 18-336, to the Director of the District Department of the Environment under the Human and Environmental Health Protection Act of 2010, see Mayor’s Order 2011-153, September 7, 2011 ( 58 DCR 8091).


§ 8–108.02. Prohibitions on polybrominated diphenyl ethers.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) No person or legal entity shall manufacture, sell, offer for sale, or distribute any product containing the penta or octa mixtures of polybrominated diphenyl ethers; provided, that subsection (a) of this section shall not apply to original equipment manufacturer replacement parts or equipment for vehicles manufactured prior to March 31, 2011, or to used vehicles.

(b) Except as provided in subsection (c) of this section, after January 1, 2013, no person or legal entity shall manufacture, sell, offer for sale, or distribute any of the following products:

(1) A mattress or mattress pad that contains the deca mixture of polybrominated diphenyl ethers (“Deca-BDE”);

(2) Upholstered furniture intended for indoor use in a home or other residential occupancy that contains Deca-BDE; or

(3) A television, monitor, or computer that has a plastic housing that contains Deca-BDE.

(c) The restrictions in subsection (b) of this section shall not apply to the following products containing Deca-BDE:

(1) Transportation vehicles or products or parts for use in transportation vehicles or transportation equipment;

(2) Products or equipment used in industrial or manufacturing processes;

(3) Products for use in a medical context, including a hospital, treatment facility, or nursing home; or

(4) Electronic wiring and cable used for power transmission.

(d) After January 1, 2014, no person or legal entity shall manufacture, sell, offer for sale, or distribute any product containing Deca-BDE; provided, that this section shall not apply to the following:

(1) A retailer that is in possession of a product prohibited for manufacture, lease, sale, or distribution for sale or lease under subsections (b) and (c) of this section from selling, recycling, or otherwise disposing of a product that is in the retailer’s or lessor’s inventory on or after the date that the prohibition takes effect;

(2) A person or legal entity from recycling a product that contains Deca-BDE;

(3) A person or legal entity from selling, leasing, recycling, or otherwise disposing of a product that contains recycled Deca-BDE;

(4) Any activity involving a product that contains Deca-BDE that occurs subsequent to the 1st sale at retail;

(5) Products for use in a medical context, including a hospital, treatment facility, or nursing home if a suitable substitute is not available;

(6) Vehicles manufactured prior to model year 2016, replacement parts or equipment for vehicles manufactured prior to model year 2016, or used vehicles; or

(7) Vehicles, replacements parts or replacement equipment for vehicles manufactured during or after model year 2016 if the use of a Deca-BDE-free alternative would create a substantial and unreasonable hardship for manufacturers or consumers.

(e)(1) The Mayor may create or adjust a de minimis exemption for products affected by this section, if feasibility or undue hardship on manufacturing justifies such action. The Mayor may also exempt products from this section for as long as feasibility or undue hardship justifies the exemption.

(2) There shall be a de minimis exemption for the sale of products containing 0.1% or less by mass of penta mixtures of polybrominated diphenyl ethers due to the presence of recycled raw materials.


(Mar. 31, 2011, D.C. Law 18-336, § 3, 58 DCR 605; Oct. 23, 2012, D.C. Law 19-191, § 13, 59 DCR 10166; Aug. 23, 2021, D.C. Act 24-159, § 6063, 68 DCR 008602.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-191 added (e).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6063 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Editor's Notes

Section 14(a) of D.C. Law 19-191 provided that §§ 1 through 5 and 8 through 13 of the act shall apply as of October 1, 2013.


§ 8–108.02a. Prohibitions on chlorinated flame retardants.

(a) After January 1, 2018, no person or legal entity shall manufacture, sell, offer for sale, or distribute any children’s product or residential upholstered furniture containing more than 0.1% by mass in any product component of the following:

(1) Tris(1,3-dichloro-2-propyl) phosphate (chemical abstract service number 13674-87-8) ("TDCPP"); or

(2) Tris(2-chloroethyl) phosphate (chemical abstract service number 115-1496-8) ("TCEP").

(b) After January 1, 2019, no person or legal entity shall manufacture, sell, offer for sale, or distribute any product containing more than 0.1% by mass in any product component of the following:

(1) TDCPP; or

(2) TCEP.

(c) The prohibitions contained in this section shall not apply to the following:

(1) The sale, offer for sale, or distribution of a product by a retailer who purchased or acquired the product before May 12, 2016;

(2) Any activity involving a product that occurs subsequent to the 1st sale at retail;

(3) Motor vehicles or replacement parts or replacement equipment for motor vehicles;

(4) Commercial or residential building insulation or wiring that otherwise complies with the Construction Codes Supplement, set forth in Title 12 of the District of Columbia Municipal Regulations;

(5) Desktop and laptop computers, audio and video equipment, calculators, wireless telephones, game consoles, handheld devices incorporating a screen that are used to access interactive software and their associated peripherals, and cables, adaptors, and other similar connecting devices; or

(6) Storage media, such as compact discs, for interactive software, such as computer games.

(d) If a product component of a non-exempt product would be exempt under subsection (c)(5) or (6) of this section, the product shall be prohibited pursuant to subsections (a) and (b) of this section if the product contains more than 0.1% by mass of TDCPP or TCEP in any non-exempt product component.

(e) For the purposes of this section, the term:

(1) "Children’s product" means a consumer product:

(A) Marketed for use by children under 12 years of age; or

(B) The substantial use of which by a child under 12 years of age is reasonably foreseeable.

(2) "Residential upholstered furniture" means furniture intended for use in a home or other dwelling that includes cushioning material covered by fabric or similar material.


(Mar. 31, 2011, D.C. Law 18-336, § 3a; as added May 12, 2016, D.C. Law 21-108, § 2(a), 63 DCR 4315.)

Applicability

Applicability of D.C. Law 21-108: Section 3 of D.C. Law 21-108 provided (a) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (b) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (c) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

Emergency Legislation

For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 8–108.02b. Replacement of regulated flame retardants.

A manufacturer shall not replace the penta or octa mixtures of polybrominated diphenyl ethers, the deca mixture of polybrominated diphenyl ethers, Tris(1,3-dichloro-2-propyl) phosphate (chemical abstract service number 13674-87-8), or Tris(2-chloroethyl) phosphate (chemical abstract service number 115-1496-8) in a product prohibited in this subchapter with a chemical that is:

(1) Classified as "known to be a human carcinogen" or "reasonably anticipated to be a human carcinogen" in the most recent report on carcinogens by the National Toxicology Program in the U.S. Department of Health and Human Services;

(2) Classified as "carcinogenic to humans" or "likely to be carcinogenic to humans" in the U.S. Environmental Protection Agency’s most recent list of chemicals evaluated for carcinogenic potential; or

(3) Identified by the U.S. Environmental Protection Agency or the National Institutes of Health as causing birth defects, hormone disruption, neurotoxicity, or harm to reproduction or development.


(Mar. 31, 2011, D.C. Law 18-336, § 3b; as added May 12, 2016, D.C. Law 21-108, § 2(a), 63 DCR 4315.)

Applicability

Section 7012 of D.C. Law 22-33 repealed § 3 of D.C. Law 21-108. Therefore the creation of this section by D.C. Law 21-108 has been implemented.

Applicability of D.C. Law 21-108: Section 3 of D.C. Law 21-108 provided (a) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (b) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (c) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

Emergency Legislation

For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 8–108.03. Restrictions on the use of perchloroethylene and n-propyl bromide in dry cleaning.

(a) After January 1, 2014, no person or legal entity shall install a machine designed to use perchloroethylene or n-propyl bromide as a cleaning agent for clothes or other fabrics.

(b) After January 1, 2029, no person or legal entity shall use perchloroethylene or n-propyl bromide as a cleaning agent for clothes or other fabrics.

(c) For the purposes of this section, the term a “child-occupied facility” means a building, or portion of a building, which, as part of its function, receives children under 6 years of age on a regular basis and is required to obtain a certificate of occupancy as a precondition to performing that function. The term “child-occupied facility” includes a daycare center, nursery, preschool center, kindergarten classroom, child development center, child development home, child development facility, child-placing agency, infant care center, or similar entity. The location of a child-occupied facility as part of a larger structure does not make the entire structure a child-occupied facility. Only the portion of the facility occupied or regularly visited by children 6 years of age shall be considered the Child-occupied facility.

(d) Beginning 12 months after April 20, 2013:

(1) A dry cleaning establishment shall use perchloroethylene or n-propyl bromide as a cleaning agent for clothes or other fabrics only after obtaining a source category permit from the District Department of the Environment in accordance with Chapter 2 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 200 et seq.).

(2) No permit shall be issued to a dry cleaning establishment to use perchloroethlyene or n-propyl bromide as a cleaning agent for clothes or other fabrics that is located within 200 feet of an existing child-occupied facility. The 200-foot restriction shall not apply at a location where a dry cleaning establishment has used perchloroethylene or n-propyl bromide within 90 days before April 20, 2013.


(Mar. 31, 2011, D.C. Law 18-336, § 4, 58 DCR 605; Apr. 20, 2013, D.C. Law 19-262, § 302, 60 DCR 1300.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-262 rewrote the section heading, which formerly read: “Phase out of perchloroethylene in dry cleaning”; substituted “perchloroethylene or n-propyl bromide” for “perchloroethylene” in (a) and (b); and added (c) and (d).


§ 8–108.04. Penalties.

(a) A violation of this subchapter shall be a civil infraction for purposes of Chapter 18 of Title 2 [§  2-1801.01 et seq.]. Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this subchapter, or the rules issued under authority of this subchapter, pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.]. Adjudication of any infractions shall be pursuant to Chapter 18 of Title 2 [§  2-1801.01 et seq.]. This section shall not limit the enforcement of subchapter IV of this chapter [§ 8-107.02].

(b) Pursuant to § 8-108.05, the Mayor shall issue rules to implement the provisions of this section 90 days after March 31, 2011.


(Mar. 31, 2011, D.C. Law 18-336, § 5, 58 DCR 605.)


§ 8–108.04a. Certificate of compliance.

(a) The Mayor may request a manufacturer of products subject to this subchapter and sold, offered for sale, or distributed for sale in the District to provide a certificate demonstrating compliance with this subchapter with respect to those products.

(b) Within 45 days of a request for a certificate of compliance, a manufacturer shall:

(1) Provide the Mayor with a certificate declaring that its products comply with the requirements of this subchapter; or

(2) Notify persons or entities located in the District that sell, offer for sale, or distribute a product made by the manufacturer that the product does not comply with this subchapter and that the sale, offer for sale, and distribution of the product is prohibited, and submit to the Mayor a list of the names and addresses of those notified.


(Mar. 31, 2011, D.C. Law 18-336, § 5a; as added May 12, 2016, D.C. Law 21-108, § 2(b), 63 DCR 4315.)

Applicability

Section 7012 of D.C. Law 22-33 repealed § 3 of D.C. Law 21-108. Therefore the creation of this section by D.C. Law 21-108 has been implemented.

Applicability of D.C. Law 21-108: Section 3 of D.C. Law 21-108 provided (a) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (b) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (c) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

Emergency Legislation

For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 3 of D.C. Law 21-108, see § 7012 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 8–108.05. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this subchapter.


(Mar. 31, 2011, D.C. Law 18-336, § 6, 58 DCR 605.)

Section References

This section is referenced in § 8-108.04.

Cross References

Public utilities, environmental impact statement requirements, see § 34-2601.

Environmental Quality Improvement Act of 1970, see 42 U.S.C. § 4321 et seq.

National Environmental Policy Act of 1969, see 42 U.S.C. § 4371 et seq.