Chapter 173-925 WAC

Ecology is starting rulemaking for a new rule, Chapter 173-925 Washington Administrative Code (WAC) Postconsumer Recycled Content for Plastic Containers.

The new rule will 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 them to annually register, pay agency fees, 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 to be provided by 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

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.