It looks like the copper ban has been pushed back to 2029 at the earliest.

EXECUTIVE SUMMARY from WA Dept. of ECOLOGY

Boats moored in marinas and other waterbodies provide a suitable surface for organisms to
attach and grow. The undesirable accumulation of organisms, including algae and barnacles, is
known as marine fouling. Marine fouling can degrade boat hulls, reduce fuel efficiency, and
help spread invasive species. To prevent these effects, boaters use antifouling paints to either
prevent fouling organisms from attaching or make it easier for them to dislodge. Antifouling
paints often rely on biocides and other toxic chemicals to work.
Copper-based boat hull paint has been the most popular antifouling biocide additive in the
market since the 1980s. Ecology’s earlier work found that copper can impact water quality and
marine organisms, including salmon. Washington has concerns about the release of copper and
other toxic chemicals into the aquatic environment.
In 2011, the Washington Legislature passed legislation to phase out the use of copper-based
antifouling paints. That legislation directed Ecology to conduct a survey in 2017 to investigate
the availability and environmental impact of alternative antifouling products. Subsequent
legislation directed Ecology to do a follow-up review of antifouling paints in 2019. Both reviews
concluded that some non-copper alternatives might be more harmful to the environment than
the copper-based paints. As a result, the Legislature delayed restrictions on copper-based
paints. In 2020, Ecology was again directed to continue searching for safer and effective
alternatives to copper.
This report summarizes the results of Ecology’s latest review. It consists of a scientific review of
biocidal and non-biocidal paints and ingredients. Biocidal paints contain chemically active
ingredients which deter or kill marine organisms that attempt to attach to the hull. Non-biocidal
paints rely on other working mechanisms, such as ultra-smooth surfaces, to make it difficult for
organisms to adhere to. This report focuses on new scientific information that recently became
available. It also explains our efforts to develop hazard-based criteria to objectively determine
when antifouling chemicals are safer than existing options.
During our review of biocidal ingredients, we found non-copper antifouling biocides registered
for use in Washington have remained essentially unchanged since our last review in 2019.
Based on the new scientific information reviewed, Ecology concluded one non-copper
alternative, DCOIT (Dichlorooctylisothiazolinone), is a safer chemical than copper, but we lack
sufficient data to fully evaluate its effectiveness.
We reviewed research and studies related to non-biocidal paints, which are still in early
development. Non-biocidal paints are emerging products designed for commercial vessels. A
very limited number of products are available for recreational boats now. Currently available
information suggests that non-biocidal paints primarily use silicone polymers or fluorinated
chemicals, which may pose their own hazards. Most of the needed scientific information on
environmental impacts is not yet available.

Publication 24-04-034 Antifouling Paints in Washington State
Page 2 June 2024

At this time, Ecology is not able to determine “that safer and effective alternatives to copper-
based antifouling paints are feasible, reasonable, and readily available” pursuant to RCW
70A.445.020. As a result, the potential restrictions on copper-based paints in RCW
70A.445.020(3)(a)–(c) will not take effect in 2026, and Ecology will conduct a second review of
relevant studies and information. A follow-up report will be submitted to the Legislature by
June 30, 2029.

FULL UPDATE PDF HERE: Antifouling 3rd Update 2024