WSR 07-04-055

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 07-05 -- Filed January 31, 2007, 4:14 p.m. ]

Subject of Possible Rule Making: Department of ecology is beginning rule making to amend and propose new language in chapter 173-900 WAC, Electronic product recycling program, to implement chapter 70.95N RCW, passed by the 2006 legislature. This is phase 2 of the rule making and will focus on writing rules to implement the portions of the law that were not addressed in phase 1 such as more details on recycling plans; requirements for manufacturers, retailers, collectors, transporters and plan implementers; performance standards for processors; and warnings, penalties, and violations, associated with these requirements. This rule making will also make housekeeping changes and additional amendments to existing language to ensure consistency with phase 2.

It is the department's intention to develop these rules in a manner consistent with chapters 173-303 and 173-350 WAC, related to solid and hazardous waste and recycling. To that end, ecology will review chapters 173-303 and 173-350 WAC and propose as necessary to assure consistency.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.95N RCW, Electronic product recycling.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These rules are required by chapter 70.95N RCW that established an electronic product recycling program within the state. The legislature found that a convenient, safe, and environmentally sound system for the collection, transportation, and recycling of covered electronic products must be established. The legislature further recognized that the system must encourage the design of electronic products that are less toxic and more recyclable. The legislature also found that the responsibility for this system must be shared among all stakeholders, with manufacturers financing the collection, transportation, and recycling system.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Ecology will continue to work with the advisory panel formed during phase 1 rule making to implement the law. During phase 2 ecology will hold two public meetings on rule language prior to the formal comment period. Ecology will post information on its web site and send information to interested parties. Ecology will hold public hearings on the rule language.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jay Shepard, Washington Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, Street Address Washington Department of Ecology, 300 Desmond Drive, Lacey, WA, phone (360) 407-7040, fax (360) 407-6102, e-mail WA-RECYCLES-ELECTRONICS@ECY.WA.GOV, rule-making web site http://www.ecy.wa.gov/programs/swfa/eproductrecycle/rulDev.html, Listserv http://listserv.wa.gov/archives/wa-recycles-electronics.html.

January 31, 2007

Cullen Stephenson, Program Manager

Solid Waste and Financial Assistance Program

Washington State Code Reviser's Office