Chapter 173-331 WAC

This rulemaking will propose amendments to Chapter 173-331 WAC - Vehicle Battery Recycling. Changes the agency is considering include, but are not limited to:

Clarifying rule language to make it easier to comply and implement.
Replacing the $15.00 licensing program implemented by Business Licensing Services at the Department of Revenue, with an on-line electronic registration program managed by Ecology, possibly eliminating the fee.
Eliminating the requirement for Ecology to maintain a list of persons who will accept broken or leaking vehicle batteries, and replacing it with guidance posted on the agency web site.
Eliminating the language in the rule that requires Ecology to review applications before licenses are issued by the Department of Revenue.
Replacing inadequate methodology for economic analysis required to be performed by Ecology in the event of a market failure, with a commitment to work with industry representatives to evaluate costs and alternatives.
Revising reporting requirements as appropriate after evaluating value and redundancy with other laws and rules.
Other corrections and clarifications as needed, including the elimination of out-of-date address and phone information.

This rulemaking is temporarily on hold.

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Rulemaking timeline

Date (date subject to change)	Activity
December 2, 2015	File rule making (file CR-101 form).
December 2, 2015 to February 2016	Developing the rule proposal package for this rule making.
January 26, 2016 to February 9, 2016	Informal draft available for review. Comments due by February 9, 2016.
October 2017	Temporarily on hold
To Be Determined	Proposed rule (CR-102 form) filed. Proposed rule text and supporting documents available. Comment period starts.
To Be Determined	Hold public hearing(s)
To Be Determined	End public comment period.
To Be Determined	Review public comments and prepare adoption packet.
To Be Determined	Adopt rule (file the CR-103 form).
To Be Determined	Rule effective (usually 31 days after filing).

Announcement phase (CR-101)

Filing date:
Dec. 2, 2015

Announcement documents

Rule development phase

Rulemaking is temporarily on hold at this time.

Public input & involvement

A preliminary draft of the revised rule was circulated to members of the Vehicle Battery Recycling rule ListServ on January 26, 2016. Ecology received very helpful input from stakeholders. We expect to release another preliminary draft before a revised rule is proposed.

Preliminary changes do not increase the obligations of retailers who only exchange new for used batteries as part of the existing core charge program. Costs for persons who collect used batteries outside the scope of a retail sale are proposed to be reduced by eliminating the fee associated with an annual registration requirement, and replacing that program with a free on-line, one-time registration.

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Contact information

Albert Salvi
Rulemaking Lead
albert.salvi@ecy.wa.gov
360-280-6389

Stay informed
Please note: revisions to the Vehicle Battery Recycling rulemaking is temporarily on hold. You can subscribe to our Vehicle Battery Recycling email list and you will be notified when rulemaking resumes. You can also email A lbert Salvi.

Thank you for your patience.

Accessibility

To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.