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Regulations & Permits > Laws, rules, & rulemaking > Closed rulemaking > WAC 173-925

Chapter 173-925 WAC

On Oct. 31, 2023, Ecology adopted a new rule, Chapter 173-925 Washington Administrative Code (WAC) Post-consumer Recycled Content in Plastic Containers.

The adopted rule further defines the technical terms and methods to implement the post-consumer recycled content (PCRC) requirements of Chapter 70A.245 Revised Code of Washington (RCW). This law requires Ecology to:

  • Prepare an annual workload analysis identifying agency cost to be incurred to implement, administer and enforce the law, and offer the analysis for public comment.
  • Adopt rules that establish a PCRC program for producers of covered products and require these producers to register annually with Ecology, pay fees to cover agency costs as identified in the annual workload analysis, meet established PCRC minimums, and report.

This new rule:

  • Defines terms and clarifies intent.
  • Establishes equitable producer fees required to fund the department’s administration and oversight of the PCRC program for covered products. 
  • Specifies the information required from producers at registration and in annual reports. 
  • Establishes the process the department will follow for:
    • Conducting audits and investigations of producers’ annual reports.
    • Measuring the amount and methods for assessing PCRC rates.
    • Reviewing and adjusting PCRC rates. 
    • Excluding certain plastic containers or elements of containers from PCRC content requirements. 
    • Determining technical feasibility of meeting PCRC.
    • Establishing corrective action requirements for producers out of compliance.
    • Determining penalty reductions.

The adopted rule becomes effective on Dec. 1, 2023 and will apply to registrations and reports due April 1, 2024 as well as all upcoming PCRC minimum requirements start dates and increases. Ecology will publish guidance in January 2024 to help producers comply with the law and the adopted rule.

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Rulemaking timeline

Timeline

Announcement phase (CR-101)

Filing date:
Nov. 3, 2021


Announcement documents

Rule development phase

November 3, 2021 – Spring 2023

Public input & involvement

February – March 2022
Informational plastic producers webinars:

View presentation to learn about the rulemaking process

April – November 2022

Draft rule language for the rule proposal was developed in consultation with an advisory committee and Ecology considered input from all interested parties. The proposed rule contains four parts:

  • Part A - Definitions
  • Part B - Producer registration, reporting, and fees
  • Part C - PCRC Requirements and Petitions for Adjustments
  • Part D - Enforcement

Throughout 2022, updated revisions of the draft rule were regularly posted for SmartComment as they become available. SmartComments were open throughout the drafting process from April – Nov. 1, 2022.

Past rule advisory committee meetings

Date Event Documents
April 14, 2022, 
9:00 a.m. - 12:00 p.m. (Pacific)		 1st Rule Advisory Committee Meeting
April 28, 2022,
1:00 p.m. - 3:00 p.m. (Pacific)		 Rule Sub-topic Meeting - "Producer" Definition
May 5, 2022, 
10:00 a.m. - 12:00 p.m. (Pacific)		 Rule Sub-topic Meeting - "Household cleaning products" definition
May 12, 2022, 
10:00 a.m. - 12:00 p.m. (Pacific)		 Rule Sub-topic Meeting - "Personal care product" definition
June 9, 2022, 
9:00 a.m. - 12:00 p.m.		 Rule Advisory Committee Meeting
July 28, 2022,
9:00 a.m. - 12:00 p.m,		 Rule Advisory Commitee Meeting
Aug. 18, 2022
11:00 a.m. – 1:00 p.m.		 Rule Advisory Committee Meeting
Sept. 29, 2022, 9:00 a.m. - 12:00 p.m. (Pacific) Rule Advisory Committee Meeting

Rule proposal phase (CR-102)

Filing date:
May 2, 2023

Rule proposal documents:

Comment period

The public comment period closed on July 1, 2023. See above documents related to the Proposal Phase of the rulemaking. You can also view:

We held public hearings via webinar on June 8 and 15, 2023. During the public hearings, we presented an overview of the proposed rule, answered questions, and held the formal hearing to accept verbal testimony.

No public hearings are scheduled at this time

Rule adoption phase (CR-103)

Adoption date:
Oct. 31, 2023


Rule effective date:
Dec. 1, 2023


Rule adoption documents:

Additional languages

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Related links

Contact information

Shannon Jones
Rulemaking lead
shannon.jones@ecy.wa.gov
360-742-9874

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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.