Washington State Post-Consumer Recycled Content Rule Proposal Now Accepting Comments

The Department of Ecology is proposing a new rule, Chapter 173-925 Washington Administrative Code (WAC), “Post-consumer Recycled Content in Plastic Containers.” This rule is scheduled for adoption January 1, 2024. The new rule will 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 a post-consumer recycled content (PCRC) program for producers of covered products to annually register, pay annual fees to support agency administrative costs, meet PCRC requirements, report PCRC content, and submit requests for adjustments or exemptions.

Formal comments on the proposed rule are due by July 1, 2023. You may submit written comments by:

• Using the online comment form (until 11:59 p.m. PST on July 1, 2023): https://swm.ecology.commentinput.com/?id=gDMcK
• Sending mail (postmarked by July 1, 2023) to:

Policy Team, Solid Waste Management Program
WA Department of Ecology
PO Box 47600
Olympia, WA 98504

Any information you provide (e.g. personal or contact) in a comment or in an attachment may be publicly disclosed and posted on the website. Ecology will host two public hearings where interested parties may learn more about the proposed rule, ask questions, and provide verbal comments and testimony.

1^st Public Hearing:

Date: June 8^th, 2023
Time: 10:00 a.m. (PST)
Online Meeting – Register here: https://waecy-wa-gov.zoom.us/meeting/register/tZcsdeytqTojHtQHdBZHJwVh58F-Si6NToW3

2^nd Public Hearing:

Date: June 15^th, 2023
Time: 1:00 p.m. (PST)
Online Meeting – Register here: https://waecy-wa-gov.zoom.us/meeting/register/tZIqdumtrDgqGNaoWKtz9C0zvtEPB7awTOBD

After registering, you will receive a confirmation email containing information about joining the meeting.

What is the scope of the rulemaking?

The law requires the Department of Ecology (Ecology) to:

• Adopt rules that establish a PCRC program for producers of covered products and require them to annually register, pay annual fees, and report.
• Prepare an annual workload analysis identifying the agency’s costs to implement, administer and enforce the law, and to offer the analysis for public comment before publishing.

The rule will:

• Define terms
• Establish equitable producer fees required to fund Ecology’s administration and oversight of the PCRC program for covered products.
• Specify the information required to be provided by producers at registration and in annual reports.
• Establish the process Ecology will follow for:

1. Conducting audits and investigations of producers’ annual reports.
2. Measuring the amount and methods for assessing PCRC.
3. Reviewing and adjusting PCRC rates.
4. Excluding certain plastic containers or elements of containers from PCRC requirements.
5. Determining technical feasibility of meeting PCRC rates.
6. Establishing corrective action requirements for producers out of compliance.
7. Determining penalty reductions.

Where can I review the documents for this rule?

On the Chapter 173-925 WAC rulemaking webpage, you can access and review:

• Proposed rule language
• Regulatory analyses
• SEPA Determination of Non-significance
• Other if applicable

If you would like to request hard copies of the documents, please e-mail [email protected].

Why are we doing this rulemaking?

The 2021 Legislature enacted chapter 70A.245 RCW to increase post-consumer recycled content in specific types of plastic packaging to improve plastic packaging collection, processing, and markets. Rules are required to establish the process and procedures for regulatory compliance, producer payment of annual fees, and Ecology oversight.

Many consumer brands have committed to voluntary recycled content standards for their plastic bottles, but very few have met those commitments. Mandated PCRC requirements are presumed to motivate increased recovery of plastic packaging in order to provide recyclable feedstock for producers to meet these requirements. Use of recycled content plastic will reduce the use of virgin plastic to manufacture these plastic containers and lower the associated greenhouse gas emissions from the manufacturing process.

The law provides for adjustment of the PCRC targets, exclusions from meeting the targets under certain conditions, corrective action plans, and penalty reductions. These actions provide relief from the requirements and assist producers with compliance.

 Who will these rules affect?

The regulated community includes:

• Producers of covered products that use plastic containers as packaging, specifically producers of beverages, household cleaners, personal care products, and trash bags. This applies to producers with sales in Washington State.
• Producers include brand owners, licensees, and first importers of covered products sold in Washington State.

Other interested parties include:

• Trade associations representing covered product producers.
• Manufacturers of plastic containers and their associations.
• Retailers who sell covered products and their associations.
• Businesses involved in the recycling industry.
• Organizations and members of the public interested in recycled content requirements.

How can you stay informed about this rulemaking?

• Visit the Chapter 173-925 WAC rulemaking webpage.
• Join our email list to ensure you stay notified of rulemaking activities
• Contact Shannon Jones at [email protected] or 360-742-9874.

For more information, visit https://swm.ecology.commentinput.com/?id=gDMcK.