On October 31, 2023 the Washington State Department of Ecology (Ecology) adopted a new rule, Chapter 173-925 Washington Administrative Code (WAC), Post-consumer Recycled Content in Plastic Containers. This new rule establishes a program to implement the requirements of Chapter 70A.245 of the Revised Code of Washington (RCW) – Recycling, Waste, and Litter Reduction. The law requires Ecology to adopt rules to implement post-consumer recycled content (PCRC) requirements for producers of covered products. This rule affects producers, retailers, manufacturers, and distributors of plastic trash bags as well as beverages, household cleaning products, and personal care products in plastic containers sold in or into Washington state.
The program requires producers to annually register, pay annual fees to support agency administrative costs, meet minimum PCRC requirements, annually report PCRC content, and submit requests for adjustments or exemptions to the PCRC requirements. PCRC requirements apply to the categories of products described above, with some technical exceptions.
Between proposal of this rule in May, 2023 and today’s adoption, Ecology returned to the RCW 70A.245 definition of “producer” and “person.” We also made minor language changes to the definitions of “beverage” and “brand.” We also made minor clarifying revisions to the annual registration and reporting requirements, the PCRC product requirements, and the exclusions and adjustments for PCRC requirements.
The rule will be effective on December 01, 2023.
This adoption can be appealed under procedures found in the Administrative Procedure Act (RCW 34.05), including those found in Chapter 34.05.330 RCW.