WSR 15-10-039

PREPROPOSAL STATEMENT OF INQUIRY

[Order 15-03—Filed April 29, 2015, 9:08 a.m.]

Subject of Possible Rule Making: Ecology is starting a rule making to propose amendments to chapter 173-900 WAC, Electronic products recycling program, to incorporate a new approach to calculating manufacturer responsibility in the program. This follows the passage of chapter 305, Laws of 2013 (ESB 5699) in 2013 that amended chapter 70.95N RCW. Portions of Part IX of the rule (sampling, return share, and equivalent share) need to be repealed or amended, and several sections throughout the chapter need to be revised to reflect changes in the law. Also, we will be making changes to the requirements for the annual report filed by the authority or authorized party for the manufacturers of electronic products. This follows the passage of chapter 292, Laws of 2013 (SHB 1498) that amended chapter 70.95N RCW. In addition, we will make other changes needed for clarification and basic editing.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.95N.230 (1) and (4).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making is required following the passage of legislation in 2013. The electronic products recycling program is supported by fees paid to a stewardship organization by producers of consumer electronics subject to the rule. Most notably, the legislature has directed us to implement a market-share based system to determine manufacturer responsibility from which fees will be calculated by the stewardship organization. Under the current system, ecology performs sampling of returned consumer electronics to assign manufacturer responsibility. In conjunction with available market-share information the stewardship organization uses that assigned responsibility to determine a fee for each participating manufacturer to support the stewardship program. Under the legislation adopted in 2013, manufacturers' responsibility for recycling electronics will be based entirely on current sales (market share), rather than on the amount of products that were sold in the past and are just now being turned in for recycling.

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

Process for Developing New Rule: Standard agency process adopting some changes as directed in statute and working with stakeholders on other recommendations. Ecology will hold at least one public hearing on the rule proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Miles Kuntz, (360) 407-7157 or e-mail miles.kuntz@ecy.wa.gov or Christine Haun, (360) 407-6107 or e-mail christine.haun@ecy.wa.gov. Rule-making information for this program will be posted at http://www.ecy.wa.gov/programs/swfa/rules/ruleDev.html. Sign up for program-related notifications about this rule making, from the Washington recycles electronic products listserv at http://listserv.wa.gov/cgi-bin/wa?SUBED1=WA-RECYCLES-ELECTRONICS. Visit the E-Cycle Washington web pages at http://www.ecy.wa.gov/programs/swfa/eproductrecycle/.

April 28, 2015

Laurie G. Davies

Waste 2 Resources Program Manager