Washington Administrative Code

(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) Th…

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 positio…

(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 reimbu…

(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 st…

(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 a…

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 fri…

(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 incl…

(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 no…

(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 concent…

(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…

(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 comp…

(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 p…

(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 mate…

(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 le…

(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 offer…

(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 depa…

(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 clas…

(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 …

(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…

(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 Janua…

(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…

(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 ha…

(1) Chapter 70A.555 RCW requires establishment of a convenient, accessible, and environmentally sound product stewardship program for all covered batteries throughout Washington state. The legislature decided that such a system will ensure the proper handling, recycling, and end-…

This chapter applies to:(1) Any producer of covered batteries or battery-containing products, as defined in this chapter;(2) Any battery stewardship organization as defined in this chapter;(3) Any retailer that sells, offers for sale, distributes, or makes available for sale a co…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise."Battery-containing product" means a product that contains or is packaged with rechargeable or primary batteries that are covered batteries. "Battery-containing product" do…

(1) Legislative mandate. Each battery stewardship organization shall pay annual fees to the department to cover the department's administrative costs related to overseeing the battery stewardship program authorized under chapter 70A.555 RCW.(2) Plan review fee. Each battery stewa…

(1) At least once each quarter, each battery stewardship organization shall carry out activities to promote the program using education and outreach materials that are accessible for the communities where the outreach takes place. These promotional activities must include:(a) Dev…

A proposed battery stewardship plan must include the following components:(1) Program operation. A description of how the program will collect all covered batteries on a free, continuous, convenient, visible, and accessible basis using environmentally sound management practices i…

(1) Plan for managing portable batteries. By July 1, 2026, each battery stewardship organization shall submit to the department a plan that covers the collection, transport, and processing of portable batteries. Information on the collection, transport, and processing medium form…

(1) Beginning January 1, 2027, battery stewardship organizations shall begin to implement an approved plan;(2) By July 1, 2027, unless specified below, each battery stewardship organization shall fully implement its approved plan for covered portable batteries. Full implementatio…

By June 1, 2028, and each June 1st thereafter, each battery stewardship organization shall submit an annual report to the department for the preceding calendar year of battery stewardship plan implementation in a format prescribed by the department. The report must contain the fo…

Beginning January 1, 2028, each battery stewardship organization shall meet with the department once each quarter to provide a written and oral update on the program including:(1) Notice of any producers that have started or ended participation in the program in the previous quar…

(1) Beginning July 1, 2027, retailers are prohibited from selling or distributing covered portable batteries or battery-containing products in or into the state of Washington unless the producer of the covered batteries or battery-containing products participates in an approved b…

(1) Beginning January 1, 2027, for portable batteries and July 1, 2029, for medium format batteries, each producer selling, making available for sale, or distributing a covered battery or a battery-containing product in or into the state of Washington shall participate in an appr…

(1) Applicability. The requirements of this section apply to producers that sell, distribute, or offer for sale in or into Washington:(a) Large format batteries;(b) Covered batteries; or(c) Battery-containing products.(2) Marking requirements for batteries. Producers shall place …

(1) The department will maintain a web page that may be used by producers, retailers, and the public as a resource to determine compliance with the program and view up-to date program data.(2) Except for confidential information as granted under subsection (4) of this section, th…

(1) The department will post a copy of submitted plans and plan amendments on its website for public review and comment for at least 30 days.(2) Within six months of submittal of a plan, or within three months of submittal of a plan amendment, the department will determine whethe…

(1) The department will review annual reports submitted under WAC 173-905-150 within 90 days of submission to ensure compliance with that section.(2) If the annual report is approved, the department will issue a letter of approval by email or certified mail.(3) If an annual repor…

(1) The following entities may not be found in violation of chapter 70A.555 RCW or this chapter:(a) An owner or operator of a solid waste facility if the facility has posted a sign stating that covered batteries must be managed through collection sites established by a battery st…

(1) Each battery stewardship organization must allow any person to discard each chemistry and brand of covered battery at each collection site identified in the stewardship plan, except that medium format batteries and damaged and defective batteries may only be collected at site…

Effective July 1, 2027, for portable batteries and July 1, 2029, for medium format batteries, or the first date on which an approved plan begins to be implemented under this chapter by a battery stewardship organization, whichever comes first:(1) All persons shall dispose of unwa…

(1) Battery collection and handling standards. Collection sites shall adhere to the following collection and handling standards:(a) Collected batteries exhibiting one or more of the dangerous waste characteristics or criteria identified in WAC 173-303-090 or 173-303-100 must be m…

(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 sal…

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…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. "Accumulation point" means where mercury-containing lights from curbside or mail-back programs are accumulated for a product stewardship plan approved by the department."B…

(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…

(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…

Table 200Producer Violation Notices and PenaltiesNoticeParticipation ViolationImplementation ViolationPlan/Report Violation Failure to participate in an approved planFailure to implement an approved planFailure to submit plan, update plan, change plan or submit annual reportFirst…

(1) A stewardship organization will implement a department-approved plan.(2) Stewardship organizations will: Estimate the total program cost for the coming year, including the department's annual fee for all participating producers; (3) Each stewardship organization must recommen…

(1) Stewardship organizations must work with the department, local government officials, retailers, electric utilities, and citizens to establish a convenient collection system for covered entities to deliver their mercury-containing lights into the program.(a) Product stewardshi…