Material Lists (Section 22)

Section 22 of the Recycling Modernization Act (section-by-section summary) requires the Environmental Quality Commission to identify by rule two lists of materials:

1. Materials collected by local governments (or their service providers) as part of the opportunity to recycle. This includes most on-route collection from households, some on-route collection from businesses, and some drop-off sites.
2. Covered products of which a producer responsibility organization must provide for collection through recycling depot or mobile collection events. For such products, the Commission must also establish collection targets, convenience standards and performance standards. 

DEQ is planning to bring proposed lists and targets/standards to the Commission in the form of draft proposed rules in mid-2023. Draft rules will be developed through an iterative process that will include information gathering and analysis, a technical workgroup, modeling of potential economic and environmental impacts, a Rulemaking Advisory Committee, and public engagement. This web page contains information describing DEQ's evaluation of materials and process to develop its proposal.

Request for Information

DEQ published a Request for Information seeking information to help it evaluate materials under consideration against the statutory criteria established in Section 22 of the Recycling Modernization Act. The deadline for responses was March 20, 2022.

Technical workgroup

DEQ has convened a technical workgroup to help provide information, review draft materials, and discuss some materials submitted in response to the Request for Information. Technical workgroup meetings will be open to the public and meeting agendas and other materials will be posted here.

Rulemaking

Section 22 and material lists will be included as part of a multi-topic rulemaking. DEQ is currently projecting that proposed rules will be considered by the Environmental Quality Commission around September 2023. That rulemaking will be supported by a Rulemaking Advisory Committee and will provide additional opportunities for public involvement during late 2022 and early-mid 2023.

For more information

Please contact DEQ's project manager, David Allaway at 503-229-5479.