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Regulations & Permits > Rulemaking > WAC 173-925

Chapter 173-925 WAC

Ecology is developing a new rule, Chapter 173-925 Washington Administrative Code (WAC) Post-consumer Recycled Content in Plastic Containers. The rule will take effect in January 2024. Until the completion of rulemaking, affected parties must still meet the requirements of the law using the definitions, fee calculation methods, and processes outlined on the recycled content minimums webpage. Some of these definitions and processes may change through the rulemaking process. 

The new rule will further define 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 will:

  • Define terms and clarify intent.
  • Establish equitable producer fees required to fund the department’s administration and oversight of the PCRC program for covered products. 
  • Specify the information required from producers at registration and in annual reports. 
  • Establish 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.

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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

Comments due July 1, 2023 

Comments are due by 11:59 p.m. PST on July 1, 2023. See above for documents related to the Proposal Phase of the rulemaking. Any information (e.g., personal or contact) you provide may be publicly disclosed and posted online.

You can submit comments and testimony by:

Standard US Mail:
Department of Ecology
Solid Waste Management Program
PO Box 47600
Olympia, WA 98504

Parcel Service
Department of Ecology
Solid Waste Management Program
300 Desmond Dr SE
Lacey, WA 98503

  • Attend a Public Hearing – see below to register in advance

Each hearing includes a brief presentation about the proposed rule, a question-and-answer session, and opportunity to provide formal testimony. The hearing will conclude once everyone who wants to provide testimony has done so. 

 

Date Time Location
Thursday, June 8 10:00 a.m. PST Online hearing – register here or join without registering. For audio only, call 253-205-0468 and enter meeting ID 831 2557 1940.  
Thursday,June 15 1:00 p.m. PST Online hearing – register here or join without registering. For audio only, call 253-205-0468 and enter meeting ID 867 1052 3022.

You will receive a confirmation e-mail and a calendar invite after submitting your registration. 

To request ADA accommodations, contact Ecology’s ADA Coordinator by May 31, 2023 at:
•    Phone: 360-407-6831 (voice)
•    TTY: 877-833-6341 or 711 relay service
•    Email: ecyadacoordinator@ecy.wa.gov

No public hearings are scheduled at this time

Additional languages

Español (Spanish) 中文 (Chinese) Tiếng Việt (Vietnamese) 한국어 (Korean)

Related links

Contact information

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

Stay informed
Sign up for email updates about this rulemaking

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.