WSR 21-22-111
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Order 21-09 —Filed November 3, 2021, 8:38 a.m.]
Subject of Possible Rule Making: New chapter 173-925 WAC, Post-
consumer recycled content for plastic containers.
The new rule will implement the requirements in chapter 70A.245 
RCW, Recycling, waste, and litter reduction, to establish a postcon-
sumer recycled (PCR)  content program for covered products. Producers 
of covered products will have to meet the PCR content requirements as 
well as annually register, pay agency fees, and report.
The law requires the department of ecology (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 agen-
cy fees, and report.
The rule will:
• Define terms and clarify intent of the law.
• Establish equitable producer fees required to fund ecology's ad-
ministration 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 ecology will follow for:
º Conducting audits and investigations of producers' annual 
reports.
º Measuring the amount and methods for assessing PCR content.
º Reviewing and adjusting PCR content rates.
º Excluding certain plastic containers or elements of contain-
ers from PCR content requirements.
º Determining technical feasibility of meeting PCR content 
rates.
º Establishing corrective action requirements for producers 
out of compliance.
º Determining penalty reductions.
Statutes Authorizing the Agency to Adopt Rules on this Subject: 
Chapter 70A.245 RCW, Recycling, waste, and litter reduction.
Reasons Why Rules on this Subject may be Needed and What They 
Might Accomplish: The 2021 legislature passed chapter 70A.245 RCW to 
increase 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 com-
mitments. Mandated PCR content 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 associated greenhouse gas emissions.
The law provides for adjustment of the PCR content targets, ex-
clusions from meeting the targets under certain conditions, and cor-Washington State Register WSR 21-22-111
Certified on 11/10/2021 [ 1 ] WSR 21-22-111rective action plans to help noncompliant producers reach the targets, 
as well as penalty reductions.
Process for Developing New Rule: Ecology will follow the standard 
process for the adoption of rules under the Administrative Procedure 
Act (chapter 34.05 RCW).
Interested parties can participate in the decision to adopt the 
new rule and formulation of the proposed rule before publication  by 
contacting Kara Steward, Department of Ecology, Solid Waste Management 
Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 564-999-0555, 
for Washington relay service or TTY call 711 or 877-833-6341, email 
kara.steward@ecy.wa.gov , website https://ecology.wa.gov/Regulations-
Permits/Laws-rules-rulemaking/Rulemaking/WAC-173-925 , https://
ecology.wa.gov/Waste-Toxics/Reducing-recycling-waste/2021-plastic-
pollution-laws .
Additional comments: Interested parties can stay informed about 
the rule making and public involvement opportunities as described 
above. Ecology will extend an offer for government-to-government con-
sultation with tribal governments during each phase of rule develop-
ment.
November 3, 2021
Laurie G. Davies
Solid Waste Management
Program ManagerWashington State Register WSR 21-22-111
Certified on 11/10/2021 [ 2 ] WSR 21-22-111