Washington Copper-Based Antifoulant Paint Ban Delayed

The start date for a ban on the sale and use of copper antifoulant paint in Washington has been delayed for three years. The law originally was to go into effect January 1 of this year, but the Washington Department of Ecology requested a delay citing concerns the ban would push the boating industry to use poor substitutes that could worsen environmental damage to the waterways. The governor signed HB 2634 that delays the ban until January 1, 2021. The bill further gives the Department of Ecology a completion date of September 30, 2019, to assess the environmental impacts of antifouling paints and provide recommendations on whether current regulations on copper paints are sufficient.

The original copper antifouling paint law was passed in 2011 as Recreational Water Vessels—Antifouling Paints Law. It aimed to phase out the use of copper-based paints, those having 0.5 percent or more copper, on recreational boats to eliminate copper as a stormwater contamination. The law further directed the Department of Ecology to survey the types of antifouling paints sold in Washington, and study how antifouling paints affect marine life. The research was concluded in the fall of 2017 but left the question of how copper alternatives impacted the waterways.