Chapter 173-925 WAC

Ecology is developing a new rule, Chapter 173-925 Washington Administrative Code (WAC) Postconsumer Recycled Content for 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 postconsumer recycled (PCR) content 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 PCR content 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 PCR content 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 PCR content 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 PCR content rates.
    • Reviewing and adjusting PCR content rates. 
    • Excluding certain plastic containers or elements of containers from PCR content requirements. 
    • Determining technical feasibility of meeting PCR content.
    • Establishing corrective action requirements for producers out of compliance.
    • Determining penalty reductions.

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 – September 2022

Rule language is being developed in consultation with a 12-member advisory committee and utilizing input from all interested parties. Draft rule language is being developed in four parts:

  • Part A - Definitions
  • Part B - Producer registration and fees
  • Part C - PCR Content
  • Part D - Enforcement

The current document open for comment contains draft language for Part 1 - "Definitions" only. Updated revisions containing additional draft sections will be posted for eComment as they become available. eComments will be open throughout the drafting process from April - October 1, 2022.

Submit eComments on draft PCR Rule "Definitions" section

Submitted comments should provide the following:

  • Company or organization
  • Alternate draft language
  • Reason for suggested change
  • Potential benefits or consequences of proposed change

Rule advisory committee meetings
Register in advance:

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.
2nd Rule Advisory Committee Meeting
July 28, 2022,
9:00 a.m. - 12:00 p.m,
3rd Rule Advisory Commitee Meeting
September 29, 2022, 9:00 a.m. - 12:00 p.m. (Pacific) 4th Rule Advisory Committee Meeting

Webinar and meeting information:

  • Register for webinars or meetings using the links in the table to get your meeting ID, password, and call-in phone number.
  • All meetings are open to the public. 

Rule proposal phase (CR-102)

Filing date:
To be determined

Rule proposal documents:

Comment period

No public comments are scheduled at this time
No public hearings are scheduled at this time

Additional languages

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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.