Subject of Possible Rule Making: This rule making will update chapter 173-910 WAC, Mercury-containing lights product stewardship program, to align the rule with new program requirements in the law, clarify certain elements of the program, and modernize the program.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70A.505.040 Submission of proposed product stewardship plans—Department to establish rules—Public review—Plan update—Annual report.

RCW 70A.505.110 Department's website to list producers participating in product stewardship plan—Required participation in a product stewardship plan—Written warning—Review of plans—Rules—Exemptions.

RCW 70A.505.130 Adoption of rules—Report to the legislature—Invitation to entities to comment on issues—Estimate of statewide recycling rate for mercury-containing lights—Mercury vapor barrier packaging.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The revised law bans the sale of certain mercury-containing lights beginning January 1, 2029, adds new requirements for product stewardship plans, and makes legacy producers fully responsible for funding the program from 2030 through the end date of the program. This rule making is needed to update chapter 173-910 WAC to align the rule with the new program requirements; update the agency fee; and clarify certain elements of the program, such as funding, roles, and responsibilities. This rule making will modernize the program to ensure that it continues to function. The program will end January 1, 2035, or an earlier date determined by the department of ecology (ecology).

Process for Developing New Rule: Ecology will follow the standard process for adopting 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 Chris Fredley, Department of Ecology, Solid Waste Management Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 564-233-1615, Washington relay service or TTY call 711 or 877-833-6341, email mercurylights@ecy.wa.gov, website https://ecology.wa.gov/regulations-permits/laws-rules-rulemaking/rulemaking/wac-173-910. Sign up to receive email notices at https://public.govdelivery.com/accounts/WAECY/subscriber/new?topic_id=WAECY_54.

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 consultation with tribal governments during each phase of rule development. Ecology will complete an environmental justice assessment in compliance with RCW 70A.02.060 as a part of this rule making.