Plastic producer registration and reporting

Plastic producer types

For more detailed information on in-state producers, distribution into the state, examples of covered producers and de minims producers, review our publication guidance for post-consumer recycled content (PCRC) law.

Third-party representatives may register on behalf of a producer

Third-party representatives may submit data on behalf of a producer or group of producers, including the information required. 

Still, the producer is the party responsible for compliance and subject to potential enforcement actions outlined in the law.

Covered producers

• The manufacturer who makes a covered product with their own brand or produces a product manufactured without a brand
• The licensee of a covered product brand.
• If neither of the above, the importer or distributor of the covered product into Washington.
• We may require a brand owner to identify the responsible producer if none has registered.

De minimis producers

For each product category, you are a de minimis producer if either of the following applies to the aggregated total of all the brands you own and under which you sell that category of covered products into Washington state:

• You produce less than one ton in aggregate of a single category of covered products each year 

OR

• You produce a single category of covered product that in aggregate generates less than $1 million each year in gross revenue of sales of covered product into the state.

The de minimis exemption applies to producers who annually sell, offer for sale, distribute or import into the country for sale in Washington.

Plastic producer registration and reporting

To comply with Washington State regulations, producers must register using the Waste Reduction Portal starting April 1, 2022, and annually after that.

Starting Jan. 1, 2024, specific covered product categories must submit annual reports based on a specified timeline indicating the quantity of PCRC used in their products. Annual reports are due by April 1. During reporting, registration must also be submitted.

De minimis producer notification

De minimis producers do not have to fulfill PCRC requirements or pay annual fees. However, they must create an SAW account to submit their notification of de minimis status.

If you are a de minimis producer, you still have the option to complete the resin and tonnage questions to reduce the likelihood of being audited by the department.

Waste Reduction Portal

The Waste Reduction Portal can only be accessed through SecureAccess Washington (SAW). This is where the producer registration, reporting, and applications for temporary exclusions can be accessed and submitted. SAW is a central login that provides access to government services online while ensuring privacy. Producers must create a SAW account to access the Waste Reduction Portal. 

Instructions on creating a SAW account and registration profile can be found in our publication, Guidance for post-consumer recycled content law.

If you already have a SAW account for your Washington government services, you can use that same account. You don’t need to create another.

Annual fees and penalties

The PCRC law requires that we estimate the costs to implement, administer, and enforce the law. We received input from impacted stakeholders in developing the methods for distributing our costs through fees for individual producers.

Fees are based on each producer’s total weight of plastic resin sold or brought into Washington, as submitted during annual registration or reporting.

Workload analysis

We will publish an annual workload analysis (WLA) by the end of January each year. 

The WLA outlines the estimated costs Ecology expects to incur to implement, administer, and enforce the PCRC requirements of RCW 70A.245 for the following fiscal year (July 1 through June 30 of the next year) for two workload categories.

Program administration fee

The program administration fee is for all producers registered for covered product categories, excluding de minimis producers.

PCRC oversight fee

The PCRC oversight fee is for producers submitting PCRC reports for PCRC products. The PCRC oversight cost is an estimated annual workload cost for the department to provide compliance monitoring and technical assistance to producers submitting PCRC reports.

Total producer fee

The total producer fee is the sum of the program administration fee and the PCRC oversight fee.

Penalties

A producer may be found non-compliant for two types of violation, each associated with different means of assessing penalties. Penalties issued for either type of violation under this section are appealable to the Pollution Control Hearings Board established in Chapter 43.21B RCW.

Type 1: Failure to register, label, or report

If a producer fails to register or report by the April 1 deadline: 

• Producers will receive two written notices (Notices of Violation). 
• Producers in continued violation of the registration, reporting, or labeling requirements are subject to a civil penalty for each day of violation in an amount not to exceed $1,000.
• Penalty revenue goes to the Recycling Enhancement Account to support local governments through Local Solid Waste and Financial Assistance programs. 

Type 2: Failure to meet PCRC requirements

Penalties for failure to meet PCRC minimum requirements will be calculated June 1, based on PCRC requirements established in the prior year.