reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part VIII - REPORTING REQUIREMENTS › Section 173-900-800 - CEP recycling plan annual reports

Current through Register Vol. 24-14, July 15, 2024
(1) By March 1, 2010, and each program year
				thereafter, the authority and each authorized party must file an annual report
				with ecology for the preceding year's program. Ecology will review the report
				and notify the authority or authorized party of any deficiencies that need to
				be addressed.
(2)
Annual
				report content:
The annual report must include the following
				information:
(a) The total weight in pounds
				of each type of CEP, including orphans, for the preceding program year
				including documentation verifying collection and processing of that material
				for:
(i) CEPs collected, reported by county,
				not including CEPs gleaned for reuse;
(ii) CEPs recycled;
(iii) Nonrecycled residuals from CEPs;
				and
(iv) Final destination for the
				processing of CEPs and components and final destination for disposal of
				residuals.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part VIII - REPORTING REQUIREMENTS › Section 173-900-810 - Local government and community satisfaction reports

Current through Register Vol. 24-14, July 15, 2024
(1) Starting January 1, 2010, local
				governments and local communities are encouraged to submit an annual
				satisfaction report to ecology by March 1 of each calendar year.
(2) The entity responsible for preparing the
				solid waste management plan for an area is responsible for submitting the
				satisfaction report to ecology.
(3)
Report content:
If submitting a report to ecology, the report must
				include information about local government and community satisfaction with the
				services provided by plans in their community including:
(a) Accessibility and convenience of
				services;
(b) How services are
				working in their community;
(c)
				What services are not working and why;
(d) Suggestions for improvements to the
				services being provided by plans;
(e) Description of public outreach and
				education; and
(f) Any other
				information the local government determines is important to include.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part VIII - REPORTING REQUIREMENTS › Section 173-900-820 - Nonprofit charitable organization collection reports

Current through Register Vol. 24-14, July 15, 2024
(1) Starting in 2010, and every calendar year
				thereafter, nonprofit charitable organizations that are primarily engaged in
				the business of reuse and resale that collect CEPs for a plan must submit an
				annual report to ecology by March 1.
(2) The report must indicate and document the
				weight of CEPs sent for recycling during the previous program year attributed
				to each plan that the nonprofit charitable organization is participating
				in.
(3)
Submittal:
The
				nonprofit charitable organization must submit:
(a) One electronic copy, by e-mail or other
				electronic means, in a format usable by ecology that allows electronic editing
				and commenting; or
(b) One paper
				copy by mail to one of the following addresses:
For U.S. Postal Service:
Department of Ecology
Electronic Product Recycling
Waste 2 Resources Program
P.O. Box 47600
Olympia, WA 98504-7600
Or
For Courier:
Department of Ecology
Electronic Product Recycling
Waste 2 Resources Program
300 Desmond Drive
Lacey, WA 98503
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part IX - CALCULATING MARKET SHARE AND EQUIVALENT SHARE › Section 173-900-900

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 70.95N,
					 70.105, and
					 70.105D RCW. 07-21-013 (Order
					 07-05), § 173-900-900, filed 10/5/07, effective 11/5/07.
Reviser's note:
The brackets and enclosed
					 material in the text of the above section occurred in the copy filed by the
					 agency.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part IX - CALCULATING MARKET SHARE AND EQUIVALENT SHARE › Section 173-900-910

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 70.95N,
					 70.105, and
					 70.105D RCW. 07-21-013 (Order
					 07-05), § 173-900-910, filed 10/5/07, effective
					 11/5/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part IX - CALCULATING MARKET SHARE AND EQUIVALENT SHARE › Section 173-900-920

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 70.95N,
					 70.105, and
					 70.105D RCW. 07-21-013 (Order
					 07-05), § 173-900-920, filed 10/5/07, effective
					 11/5/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part IX - CALCULATING MARKET SHARE AND EQUIVALENT SHARE › Section 173-900-925 - Calculation of market shares

Current through Register Vol. 24-14, July 15, 2024
(1) For
				program year 2016, and all subsequent program years, ecology will determine
				market share by weight for all manufacturers using any combination of the
				following data:
(a) Generally available
				market research data;
(b) CEP sales
				data supplied by manufacturers for brands they manufacture or sell;
				or
(c) CEP sales data provided by
				retailers for brands they sell.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part IX - CALCULATING MARKET SHARE AND EQUIVALENT SHARE › Section 173-900-930 - Calculating the total equivalent share

Current through Register Vol. 24-14, July 15, 2024
Step 1: Calculating individual manufacturer equivalent
				  share.
(1) For program year
				2016, and all subsequent program years, ecology will determine the total
				equivalent share for each manufacturer in the standard plan or an independent
				plan by dividing the market share percentage for each manufacturer by one
				hundred, then multiplying the quotient by the total weight in pounds of CEPs
				collected for that program year not including any CEPs, components or parts
				gleaned for reuse, for that program year and any additional credited pounds
				under WAC
				173-900-940.
(2) The manufacturer is responsible for
				distributing responsibility for equivalent share among its past and present
				licensees.
Step 2: Calculating a plan's equivalent
				  share.
(3) A plan's equivalent
				share is equal to the total of the equivalent shares for all manufacturers
				participating in the plan.
Statutory Authority: Chapters 70.95N,
					 70.105, and
					 70.105D RCW. 07-21-013 (Order
					 07-05), § 173-900-930, filed 10/5/07, effective
					 11/5/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part IX - CALCULATING MARKET SHARE AND EQUIVALENT SHARE › Section 173-900-940 - Equivalent share credits

Current through Register Vol. 24-14, July 15, 2024
Plans that use the collection services of nonprofit charitable organizations that qualify for a taxation exemption under section  501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)) that are primarily engaged in the business of reuse and resale must be given an additional five percent credit to be applied toward a plan's equivalent share for pounds that are received for recycling from those organizations. Ecology may adjust the percentage of credit annually.
Statutory Authority: Chapters 70.95N,
					 70.105, and
					 70.105D RCW. 07-21-013 (Order
					 07-05), § 173-900-940, filed 10/5/07, effective
					 11/5/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part IX - CALCULATING MARKET SHARE AND EQUIVALENT SHARE › Section 173-900-950 - Notification of equivalent share

Current through Register Vol. 24-14, July 15, 2024
By June 1 of each program year starting in 2010, ecology will
				  notify each:
(1) Manufacturer of the
				manufacturer's equivalent share of CEPs to be applied to the previous program
				year;
(2) Plan of the plan's
				equivalent share of CEPs to be applied to the previous program year;
(3) Manufacturer and plan of how its
				equivalent share was determined.
Statutory Authority: Chapters 70.95N,
					 70.105, and
					 70.105D RCW. 07-21-013 (Order
					 07-05), § 173-900-950, filed 10/5/07, effective
					 11/5/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part IX - CALCULATING MARKET SHARE AND EQUIVALENT SHARE › Section 173-900-960 - Share payments

Current through Register Vol. 24-14, July 15, 2024
(1) For a CEP
				recycling plan, if the total weight in pounds of CEPs collected by the plan and
				processed by a processor during a program year is less than the plan's
				equivalent share of CEPs for that year, then the authority or authorized party
				must submit to ecology a payment equal to the weight in pounds of the deficit
				multiplied by the reasonable collection, transportation, processing, and
				recycling cost for CEPs and an administrative fee.
(2) Moneys collected by ecology must be
				deposited in the electronic products recycling account created under
				RCW
				   70.95N.130.
(3) For a plan, if the total weight in pounds
				of CEPs collected during a program year is more than the plan's equivalent
				share of CEPs for that year, then ecology shall submit to the authority or
				authorized party, a payment equal to the weight in pounds of the surplus
				multiplied by the reasonable collection, transportation, processing, and
				recycling cost for CEPs.
(4) For
				purposes of this section, the initial reasonable collection, transportation,
				processing, and recycling cost for CEPs is forty-five cents per pound and the
				administrative fee is five cents per pound.
(5) Ecology may annually adjust the
				reasonable collection, transportation, processing, and recycling cost for CEPs
				and the administrative fee described in this section. Prior to making any
				changes ecology will:
(a) Post the proposed
				new amounts on the agency web site;
(b) Send notice to all registered
				manufacturers;
(c) Provide a
				thirty-day comment period;
(d)
				Evaluate comments and make revisions to the amounts if appropriate;
				and
(e) Post the new amounts on the
				agency web site.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part IX - CALCULATING MARKET SHARE AND EQUIVALENT SHARE › Section 173-900-970 - Collecting and paying share payments

Current through Register Vol. 24-14, July 15, 2024
Billing share payments.
(1) By June 1 of each program year, ecology
				will bill any authorized party or authority that has not attained its plan's
				equivalent share as determined in WAC
				173-900-930. The authorized party
				or authority must remit its share payment to ecology within sixty days from the
				billing date.
Ecology payment of share payments.
(2) By September 1 of each program year,
				ecology must pay any authorized party or authority that exceeded its plan's
				equivalent share.
Statutory Authority: Chapters 70.95N,
					 70.105, and
					 70.105D RCW. 07-21-013 (Order
					 07-05), § 173-900-970, filed 10/5/07, effective
					 11/5/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part X - PUBLIC OUTREACH › Section 173-900-980 - Public outreach

Current through Register Vol. 24-14, July 15, 2024
Independent and standard plans:
(1) Public outreach and marketing
				requirements: An independent plan and the standard plan must inform covered
				entities about where and how to reuse and recycle their CEPs at the end of the
				product's life. At a minimum, the plan must:
(a) Include a web site or a toll-free number
				that gives information about the recycling program in sufficient detail to
				educate covered entities regarding how to return their CEPs for
				recycling;
(b) Describe the method
				or methods used to provide outreach to covered entities; and
(c) Ensure outreach throughout the
				state.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part XI - THE MATERIALS MANAGEMENT AND FINANCE AUTHORITY (THE AUTHORITY) › Section 173-900-990 - Ecology's relationship to the authority

Current through Register Vol. 24-14, July 15, 2024
(1) The director of the department of
				ecology, or the director's designee, will serve as an ex officio member of the
				materials management and finance authority board of directors.
(a) Ex officio designations must be made in
				writing and communicated to the authority director.
(b) The function of ecology's membership is
				advisory only and carries no voting privileges on matters brought before the
				board.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part XI - THE MATERIALS MANAGEMENT AND FINANCE AUTHORITY (THE AUTHORITY) › Section 173-900-993 - Appointing the board of the authority

Current through Register Vol. 24-14, July 15, 2024
The board of directors of the authority is comprised of
				  eleven participating manufacturers:
(1) For program years 2016 and beyond, five
				board positions are reserved for representatives of the top ten brand owners by
				market share of covered electronic products and six board positions are
				reserved for representatives of other brands. At least one of these board
				positions is reserved for a manufacturer who is also a retailer selling their
				own private label.
(2) The board
				must have representation from both television and computer
				manufacturers.
(3) The board of
				directors is appointed by the director of the department of ecology.
(a) Manufacturers will indicate their
				interest in serving on the board of directors to ecology.
(b) Manufacturers expressing interest will be
				asked to submit the name of their representative.
(c) Ecology will select board members from
				the candidates that have expressed interest using the following criteria:
(i) For program year 2016 and beyond, five of
				the top ten brand owners by market share willing to participate on the
				board;
(ii) One retailer that is
				also a manufacturer;
(iii)
				Representation of manufacturers from eastern Washington;
(iv) Representation from small, in-state
				manufacturers;
(v) Balance between
				manufacturers whose business is primarily that of television manufacturing and
				those whose business is primarily that of computer manufacturing; and
(vi) At least one manufacturer that is a new
				market entrant.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part XI - THE MATERIALS MANAGEMENT AND FINANCE AUTHORITY (THE AUTHORITY) › Section 173-900-995 - Board reimbursement for use of ecology support staff

Current through Register Vol. 24-14, July 15, 2024
(1) The costs collected under this section
				are only for support provided during the start-up and the first twelve months
				of operation for the board.
(2) The
				board must reimburse all costs to ecology within twenty-four months of
				beginning operation.
(3) Ecology
				will calculate reimbursements based on actual costs:
Reimbursement Amount = Direct Costs + Indirect Costs
Where:
(a)
Direct costs
include ecology staff time and other costs related to
				accomplishing the activities identified in subsection (1) of this section.
				Direct staff costs are the costs of hours worked, including salaries and
				benefits required by law to be paid to, or on behalf of, employees. Other
				direct costs are costs incurred as a direct result of ecology staff working
				with the board including, for example, costs of: Travel, printing and
				publishing of documents, and other work, contracted or otherwise, associated
				with the board.
(b)
Indirect
				costs
are those general management and support costs of ecology. Ecology
				applies them using the agency's approved federal indirect cost rate.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part XI - THE MATERIALS MANAGEMENT AND FINANCE AUTHORITY (THE AUTHORITY) › Section 173-900-997 - The standard plan's assessment of charges and apportionment of costs

Current through Register Vol. 24-14, July 15, 2024
(1) Manufacturers
				participating in the standard plan must pay the authority to cover all
				administrative and operational costs associated with the collection,
				transportation, processing, and recycling of covered electronic products within
				the state of Washington incurred by the standard program operated by the
				authority to meet the standard plan's equivalent share obligation.
(2) The authority must assess charges on each
				manufacturer participating in the standard plan and collect funds from each
				participating manufacturer for the manufacturer's portion of the costs in
				subsection (1) of this section.
(a) For
				program years 2016 and beyond, such apportionment must be based on market
				share.
(b) The authority's
				apportionment of costs to manufacturers participating in the standard plan may
				not include nor be based on electronic products imported through the state and
				subsequently exported outside the state.
(c) Charges assessed under this section must
				not be formulated in such a way as to create incentives to divert imported
				electronic products to ports or distribution centers in other states.
(d) The authority must adjust the charges to
				manufacturers participating in the standard plan as necessary in order to
				ensure that all costs associated with the identified activities are
				covered.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
			 implements chapter 70.285 RCW, which mandates a phase out of the use of copper,
			 asbestos, and several heavy metals in brake friction material that is sold or
			 offered for sale in Washington state.
(2) As brake friction material wears down,
			 copper and other metals are deposited on roadways, where they are washed into
			 our streams and rivers. Copper is highly toxic to fish and other aquatic
			 species. Young salmon are especially susceptible to the effects of copper.
			 Removing copper and other toxic metals from brake materials will help to clean
			 up water bodies around the state.
Statutory Authority: Chapter 70.285 RCW. 12-21-082 (Order
				  10-17), § 173-901-010, filed 10/19/12, effective
				  11/19/12.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-020 - Applicability - Who must comply with the chapter?

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to:
(1) Manufacturers, wholesalers, distributors,
			 installers, and retailers of brake friction materials that are sold or offered
			 for sale in Washington state; and
(2) Manufacturers, wholesalers, distributors,
			 and retailers of motor vehicles containing brake friction materials that are
			 sold or offered for sale in Washington state.
Statutory Authority: Chapter 70.285 RCW. 12-21-082 (Order
				  10-17), § 173-901-020, filed 10/19/12, effective
				  11/19/12.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-030 - Applicability - Which friction materials must comply with this chapter?

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
			 applies to brake friction materials designed for use on motor vehicles, as
			 defined in
			 RCW
			    46.04.320, that are subject to licensing
			 requirements under
			 RCW
			    46.16A.030.
(2) Some brake friction materials are
			 exempted from this chapter by chapter 70.285 RCW. These include brake friction
			 materials designed for use on:
(a) Motorcycles
			 as defined in
			 RCW
			    46.04.330;
(b) Motor vehicles employing
			 internal-closed-oil-immersed motor vehicle brakes or similar brake systems that
			 are fully contained and emit no debris or fluid under normal operating
			 conditions;
(c) Military combat
			 vehicles;
(d) Race cars, dual-sport
			 vehicles, or track day vehicles, whose primary use is for off-road purposes and
			 are permitted under
			 RCW
			    46.16A.320;
(e) Collector vehicles, as defined in
			 RCW
			    46.04.126; or
(f) Motor vehicle brakes designed primarily
			 to hold motor vehicles stationary and not for use while motor vehicles are in
			 motion.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
"Brake
			 friction material"
means that part of a motor vehicle brake designed to
			 retard or stop the movement of a motor vehicle through friction against a rotor
			 made of a more durable material. "Rotor" means the rotating portion of a motor
			 vehicle brake system including, but not limited to, brake disks and brake
			 drums.
(2)
"Brake friction
			 material manufactured as part of an original equipment service contract"
means brake friction material that:
(a) Is
			 provided as service parts originally designed for and using the same brake
			 friction material formulation sold with a new motor vehicle. If there are any
			 changes to the design of the service part's brake friction formulation, the
			 product is no longer brake fiction material manufactured as part of an original
			 equipment service contract; and
(b)
			 Is manufactured as part of a contract between a vehicle manufacturer and a
			 brake friction material manufacturer that requires the brake friction material
			 manufacturer to provide brakes with the identical brake friction material
			 formulation to those that originally came with a new motor vehicle. The brake
			 friction material manufacturer may only sell these parts directly to the other
			 party to the contract, the vehicle manufacturer.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-050 - Prohibition on the sale of certain brake friction materials

Current through Register Vol. 24-14, July 15, 2024
(1) Beginning
			 January 1, 2015, no manufacturer, wholesaler, distributor, installer, or
			 retailer of brake friction material nor any manufacturer of motor vehicles may
			 sell or offer for sale brake friction material in Washington state that:
(a) Contains asbestiform fibers in
			 concentrations exceeding 0.1 percent by weight;
(b) Contains cadmium and its compounds in
			 concentrations exceeding 0.01 percent by weight;
(c) Contains chromium (VI)-salts in
			 concentrations exceeding 0.1 percent by weight;
(d) Contains lead and its compounds in
			 concentrations exceeding 0.1 percent by weight; or
(e) Contains mercury and its compounds in
			 concentrations exceeding 0.1 percent by weight.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-060 - Self-certification of compliance

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Manufacturers of brake friction material must certify to the department that
			 any brake friction material that is sold or offered for sale in Washington
			 state complies with the requirements of chapter 70.285 RCW and this chapter
			 using the following process:
(a)
Step
			 1:
Submit a sample of each brake friction material for laboratory
			 testing. A brake friction material manufacturer may either:
(i) Submit a brake friction material sample
			 directly to a laboratory accredited in accordance with WAC
			 173-901-070 for testing in
			 accordance with WAC
			 173-901-080; or
(ii) Submit a sample of brake friction
			 material to an industry-sponsored registrar that will send the sample to a
			 laboratory accredited in accordance with WAC
			 173-901-070 for testing in
			 accordance with WAC
			 173-901-080, on behalf of the
			 brake friction material manufacturer.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-070 - Which laboratories must a manufacturer of brake friction material use to certify compliance with this chapter?

Current through Register Vol. 24-14, July 15, 2024
(1) To certify compliance, a manufacturer of
			 brake friction material must ensure that its brake friction material is tested
			 by a laboratory that is qualified and equipped for testing products in
			 accordance with the SAE J2975:2011 testing method, and that has been found to
			 be competent to perform the specific testing methods described by SAE
			 J2975:2011 by maintaining accreditation:
(a)
			 To the ISO 17025:2005 standard by a lab accreditation body that is a signatory
			 to the International Laboratory Accreditation Cooperation Multilateral
			 Recognition Arrangement, as of the effective date of this chapter;
(b) By any accreditation body that is
			 recognized by the National Environmental Laboratory Accreditation Program, as
			 of the effective date of this chapter; or
(c) By the Washington state environmental
			 laboratory accreditation program under
			 RCW
			    43.21A.230 and chapter 173-50 WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-080 - How to test brake friction materials and report results

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 manufacturer of brake friction material offered for sale in Washington state
			 must ensure that its brake friction materials sold or offered for sale in
			 Washington state are tested:
(a) By a
			 laboratory accredited in accordance with WAC
			 173-901-070; and
(b) Using the testing protocol SAE J2975:2011
			 or an alternative testing method or protocol approved under subsection (9) of
			 this section.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-090 - Marked proof of certification

Current through Register Vol. 24-14, July 15, 2024
(1)
What is marked proof of
			 certification?
Marked proof of certification is a certification mark
			 appearing on brake friction material packaging coupled with a unique
			 identification code and environmental compliance marking, described in WAC
			 173-901-100, on the brake
			 friction material. The certification mark on the product serves to notify end
			 users of the brake friction material that the product is compliant with the
			 law. While the identification code and environmental marking is used to link
			 the product to laboratory testing results and self-certification documentation,
			 together the code and certification mark provide proof that the brake friction
			 material meets the requirements of chapter 70.285 RCW and this chapter. When a
			 brake friction material manufacturer marks a brake friction material or its
			 packaging with proof of certification the manufacturer is certifying that:
(a) The brake friction material meets the
			 applicable criteria for the environmental compliance marking, described in WAC
			 173-901-100, with which it has
			 been marked;
(b) The brake friction
			 material has been registered with an industry-sponsored registrar;
			 and
(c) Self-certification
			 documentation has been submitted to the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-100 - Environmental compliance marking

Current through Register Vol. 24-14, July 15, 2024
(1)
What is the environmental
			 compliance marking?
The environmental compliance marking is the last
			 letter or last two letters in the unique identification code marked on brake
			 friction materials. It must be an "A," "B," "N," "WX," or "X" and it allows a
			 person to determine the level of environmental compliance of the brake friction
			 material.
(2)
What does the
			 environmental compliance marking "A" indicate?
An "A" indicates that the
			 brake friction material manufacturer has submitted self-certification
			 documentation and laboratory testing results showing the brake friction
			 material does not contain any of the following regulated constituents in
			 amounts exceeding the specified concentrations:
(a) Asbestiform fibers, 0.1 percent by
			 weight;
(b) Cadmium and its
			 compounds, 0.01 percent by weight;
(c) Chromium (VI)-salts, 0.1 percent by
			 weight;
(d) Lead and its compounds,
			 0.1 percent by weight; or
(e)
			 Mercury and its compounds, 0.1 percent by weight.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-110 - Reporting requirements for brake friction material manufacturers

Current through Register Vol. 24-14, July 15, 2024
(1) After January
			 1, 2015, self-certification documentation submitted to the department, under
			 WAC 173-901-060, will fulfill brake
			 friction materials manufacturers' reporting requirements, under
			 RCW
			    70.285.070.
(2) By January 1, 2013, manufacturers of
			 brake friction material offered for sale in Washington state are required to
			 file an initial baseline report with the department.
(3) For the initial baseline report, due by
			 January 1, 2013, each manufacturer of brake friction material must report the
			 following information to the department, in a form and format prescribed by the
			 department:
(a) Contact information for the
			 brake friction material manufacturer, including the mailing address, phone
			 number, and e-mail address of a representative of the company who can serve as
			 a point of contact for the department;
(b) A table containing the following
			 information:
(i) Each friction material
			 formula manufactured, during 2011, identified by a code assigned by the brake
			 friction material manufacturer. While manufacturers of brake friction material
			 may assign the code, the code must conform to data specifications outlined by
			 the department, including the length of the code, the characters that may be in
			 the code, or other data specifications identified by the department.
(ii) The percent by weight concentrations of
			 copper, nickel, zinc, and antimony in each formula manufactured by the brake
			 friction material manufacturer. These concentrations must be reported using the
			 guidelines in subsection (4) of this section for each formula, whether it is
			 used on light vehicles, heavy/commercial vehicles, or both.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-120 - How will the department establish baseline concentration levels for copper, antimony, nickel, and zinc?

Current through Register Vol. 24-14, July 15, 2024
(1) By
			 July 1, 2013, the department will calculate the mean concentration of copper,
			 antimony, nickel, and zinc in brake friction material from the data submitted
			 by brake friction material manufacturers, under WAC
			 173-901-110, for light and
			 heavy/commercial vehicles.
(2) The
			 department must also calculate for both light and heavy/commercial vehicles how
			 many formulations have:
(a) Less than .5
			 percent copper by weight;
(b)
			 Between .5 and 5 percent copper by weight; and
(c) More than 5 percent copper by
			 weight.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-130 - Applying for an exemption

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
Manufacturers of brake friction material or motor
			 vehicles may apply to the department for an exemption from the requirements of
			 this chapter. Exemptions are limited to:
(a)
			 Small volume vehicle manufacturers;
(b) Specific motor vehicle models;
			 or
(c) Special classes of vehicles,
			 such as fire trucks, police cars, and heavy or wide-load equipment hauling
			 vehicles.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-140 - Process for reviewing an exemption application

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt of an exemption application
			 the department will review the application to determine if the application is
			 complete. To be complete an application must include each item in WAC
			 173-901-130(3).
(2) The department will notify the applicant,
			 within thirty days of the receipt of the application:
(a) That the application has been received
			 and is complete; or
(b) That the
			 application is incomplete and identify which sections are missing or
			 incomplete. If the application is incomplete, the applicant must then complete
			 the application and resubmit it.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-150 - Brake friction material manufactured as part of an original equipment service contract (OESC)

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Brake friction materials manufactured as part of an original equipment service
			 contract (OESC) are not required to comply with either of the following:
(a)RCW
			    70.285.030(1) and WAC
			 173-901-050(1),
			 for brake friction materials designed for use on vehicles manufactured prior to
			 January 1, 2015; or
(b)RCW
			    70.285.030(2) and WAC
			 173-901-050(2),
			 for brake friction materials, designed for use on vehicles manufactured prior
			 to January 1, 2021.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-160 - Responsibilities of wholesalers, distributors, installers, and retailers of brake friction materials

Current through Register Vol. 24-14, July 15, 2024
(1)
May I sell brake friction material that I have in stock before the
			 effective dates of chapter 70.285 RCW?
Yes. Brake friction material
			 manufactured before the effective dates may still be sold for a period of time:
(a) Brake friction material that was
			 manufactured before January 1, 2015, may be sold until January 1, 2025,
			 regardless of its content or whether it has been marked with proof of
			 certification;
(b) Brake friction
			 material that was manufactured before January 1, 2021, and contains more than
			 five percent copper by weight may be sold until January 1, 2031; and
(c) Brake friction materials manufactured as
			 part of an original equipment service contract that have been certified and
			 marked may be sold indefinitely after the various effective dates regardless of
			 the amount of the copper or regulated constitutes in the product.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-170 - Responsibilities of vehicle manufacturers, vehicle dealers, and other people selling motor vehicles

Current through Register Vol. 24-14, July 15, 2024
(1)
Vehicle manufacturer responsibilities:
Manufacturers of new motor
			 vehicles offered for sale in Washington state must ensure that new motor
			 vehicles are equipped with brake friction material certified to be compliant
			 with the requirements of this chapter.
(2)
Do vehicle dealers or other people
			 selling motor vehicles have a responsibility to ensure that the cars they sell
			 are equipped with compliant brake friction material?
(a) Vehicle dealers or other people selling
			 motor vehicles do not have a responsibility to ensure that the cars they sell
			 are equipped with compliant brake friction material.
(b) However, if a vehicle dealer or another
			 person who is selling a motor vehicle replaces the brake friction material of a
			 new or used vehicle, prior to resale, the seller must replace the brake
			 friction material with a brake friction material that complies with the
			 requirements of this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-901 - Better brakes › Section 173-901-180 - Enforcement - Violations - Penalties

Current through Register Vol. 24-14, July 15, 2024
(1) The department will enforce this chapter.
			 The department may:
(a) Periodically purchase
			 and test brake friction material sold or offered for sale in Washington state
			 to verify that the material complies with this chapter.
(b) Verify that brake friction material
			 manufacturers have submitted accurate self-certification documentation to the
			 department by requiring brake friction manufacturers to submit complete copies
			 of laboratory testing results and/or samples of brake friction material
			 formulations for which self-certification documentation has been submitted. A
			 brake friction material manufacturer that is required to submit verifying
			 testing results or samples of brake friction material must provide these within
			 seven days of receiving a written notice from the department. The department
			 may not require a manufacturer of brake friction material to verify compliance
			 by submitting samples of brake friction material more than once every three
			 years unless the brake friction material manufacturer has been issued a penalty
			 or required to recall a product under this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-910 - Mercury-containing lights product stewardship program › GENERAL REQUIREMENTS › Section 173-910-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) Washington
				state law requires establishment of a convenient and environmentally sound
				product stewardship program for mercury-containing lights throughout Washington
				state by January 1, 2013. Every producer of mercury-containing lights sold in
				or into Washington state for sale at retail must participate in the product
				stewardship program. Such a system is essential to collect spent mercury
				lighting from covered entities which, when improperly disposed, releases
				mercury that threatens human health and the environment.
(2) This chapter implements
				Mercury-containing lights-Proper disposal,
				chapter
				70.275 RCW.
(3) Washington state law established a
				statewide goal of recycling all end-of-life mercury-containing lights by 2020
				through expanded public education, a uniform statewide requirement to recycle
				all mercury-containing lights, and the development of a comprehensive, safe,
				and convenient collection system that includes use of residential curbside
				collection programs, mail-back containers, increased support for household
				hazardous waste facilities, and a network of additional collection
				locations.
Statutory Authority:
					 Chapter
					 70.275 RCW. 12-23-049
					 (Order 11-09), § 173-910-010, filed 11/16/12, effective
					 12/17/12.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-910 - Mercury-containing lights product stewardship program › GENERAL REQUIREMENTS › Section 173-910-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to:
(1) Any producer of mercury-containing lights
				sold in or into Washington state, as defined in this chapter.
(2) Any stewardship organization operating an
				approved product stewardship program for any producer or group of
				producers.
(3) Any covered entities
				as defined in this chapter.
(4)
				Collectors of mercury-containing lights including those participating in a
				product stewardship plan approved under this chapter.
(5) Transporters of mercury-containing lights
				participating in a product stewardship plan approved under this
				chapter.
(6) Processors of
				mercury-containing lights under a product stewardship plan approved under this
				chapter.
(7) Any retailer, electric
				utility, or other person that gives away, offers for sale at retail, or sells
				mercury-containing lights in or into Washington state at retail.
Statutory Authority:
					 Chapter
					 70.275 RCW. 12-23-049
					 (Order 11-09), § 173-910-020, filed 11/16/12, effective
					 12/17/12.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-910 - Mercury-containing lights product stewardship program › PRODUCER REQUIREMENTS › Section 173-910-210 - Producers of mercury-containing lights

Current through Register Vol. 24-14, July 15, 2024
(1) Every producer of mercury-containing
				lights sold in or into Washington state for retail sale in Washington state
				must participate in a product stewardship program for those products, operated
				by a stewardship organization and financed in the manner provided by WAC
				173-910-310(3) through
				(7). Every such producer must inform the
				department of the producer's participation in a product stewardship program by
				including the producer's name in a plan submitted to the department by a
				stewardship organization as required by WAC
				173-910-410,
				173-910-420,
				173-910-430, and
				173-910-440. Producers must
				satisfy these participation obligations individually or may do so jointly with
				other producers.
(2) No sooner than
				January 1, 2015:
(a) The mercury-containing
				light environmental handling charge must be added to the purchase price of all
				mercury-containing lights sold to Washington state retailers for sale at
				retail, and each Washington state retailer must add the charge to the purchase
				price of all mercury-containing lights sold at retail in Washington state, and
				the producer must remit the environmental handling charge to the stewardship
				organization in the manner provided for in the stewardship plan; or
(b) Each Washington state retailer must add
				the mercury-containing light environmental handling charge to the purchase
				price of all mercury-containing lights sold at retail in Washington state,
				where the retailer, by voluntary binding agreement with the producer, arranges
				to remit the environmental handling charge to the stewardship organization on
				behalf of the producer in the manner provided for in the stewardship plan.
				Producers may not require retailers to opt for this provision via contract,
				marketing practice, or any other means. The stewardship organization must allow
				retailers to retain a portion of the environmental handling charge as
				reimbursement for any costs associated with the collection and remittance of
				the charge.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-910 - Mercury-containing lights product stewardship program › PRODUCER REQUIREMENTS › Section 173-910-220 - Producer violation and warning

Current through Register Vol. 24-14, July 15, 2024
(1) There are three types of producer
				violations:
(a) Participation violation for
				not participating in an approved product stewardship plan.
(b) Implementation violation for not
				implementing an approved product stewardship plan.
(c) Plan/report violation for not submitting
				a product stewardship plan, plan update, or annual report.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-910 - Mercury-containing lights product stewardship program › PRODUCER REQUIREMENTS › Section 173-910-230 - Producer violation notices and penalties

Current through Register Vol. 24-14, July 15, 2024
Table 200 Producer Violation Notices and
				  Penalties
Notice
Participation Violation
Failure to participate in an approved plan
Implementation Violation
Failure to implement an approved plan
Plan/Report Violation
Failure to submit plan, update plan, change plan or submit annual
						  report
First Violation Notice
Warning letter to participate within 60
						  days
Automatic penalty of up to $5,000, plus
						  warning letter regarding subsequent penalties
Warning letter to comply within 60 days
Second Violation Notice
Penalty of up to $1,000 per day starting 60
						  days after receipt of warning letter
Penalty of up to $10,000 for each 30 days
						  of noncompliance starting 30 days after receipt of warning letter
Penalty of up to $10,000 per day starting
						  60 days after receipt of warning letter
If Compliance is Achieved Within 30 Days of
						  Second Violation Notice
Penalty reduced by 50% if compliance is
						  achieved by day 90
Penalty reduced by 50% if compliance is
						  achieved by day 30
Penalty reduced by 50% if compliance is
						  achieved by day 90
Third Violation and Subsequent Notices
Penalty of up to $1,000 per day for every
						  day of noncom-pliance to be issued every 60 days
Penalty of up to $10,000 for every 30 days
						  of noncompli-ance to be issued every 30 days
Penalty of up to $10,000 per day for every
						  30 days of non-compliance to be issued every 30 days
(1)
Participation penalties
apply to producers not participating in an
				approved product stewardship plan.
(a)
				Producers selling mercury-containing lights in or into the state for sale at
				retail that are not participating in an approved product stewardship plan will
				receive a warning letter, or first violation notice, to participate in an
				approved plan within sixty days or incur penalties. The warning letter will
				include compliance requirements and notification that the requirements must be
				met within sixty days.
(b)
				Producers not participating in an approved product stewardship plan that
				continue to sell mercury-containing lights in or into the state for sale at
				retail sixty days after receiving the warning letter will receive a penalty, or
				second violation notice, of up to one thousand dollars for each violation; a
				violation is one day of noncompli-ance.
(c) Penalties will be reduced by fifty
				percent if the producer meets the compliance requirements within thirty days of
				the second violation notice.
(d)
				Producers that continue to not participate in an approved product stewardship
				plan will receive penalties of up to one thousand dollars per day of
				noncompliance starting from the date of the second violation notice. This
				penalty will be issued after each subsequent period of sixty days of
				non-compliance.