Waste 2 Resources > Solid Waste Rules > Children's Safe Products Act, Reporting Rule

Rule Development - Children’s Safe Product's - Reporting Rule

Overview of the Process

To develop a rule for the reporting requirements created by the Children’s Safe Product Act, chapter 70.240 RCW, Ecology decided to use the pilot-project process as authorized under Washington’s Administrative Procedures Act (RCW 34.05.313). There are two phases to this effort: 1) advisory group and 2) pilot rule. We are currently seeking volunteers for the pilot phase.

Phase 1 - Advisory Group

The advisory group has been selected. Due to the different time zones and conflicting schedules of the advisory group members, we have decided to try and do as much of the work as possible on the web.

The new process is as follows:

1. By June 11th Ecology sends out list of issues to the advisory group. (DONE)
2. The advisory group will have until August 20th to submit their draft written positions for the issues. (DONE)
3. Ecology will send a copy of each other’s draft comments to the other members of the advisory committee on August 21st. (DONE)
4. There will be an opportunity for advisory group members to meet in person or conference call September 9th. (DONE) Click here for notes from the meeting.
5. The final written positions will be due no later than September 23rd. (DONE)
6. The final written positions will be posted on the internet no later than September 30th. (DONE 10/02/2009)
7. The public will have 30 days to comment on the respective positions you all have submitted. Comments will be collected with a web-form which will feed a spreadsheet, so that all the comments will be saved and posted at the end of the comment period.
8. Ecology will send out and post on the web a draft of the rule we want to test during the pilot phase and the proposed process for generating the reporting list of chemicals no later than December 2009.
9. The advisory group and the public will have 30 days to comment on the draft rule.
10. Ecology will release the rule which will be tested during the pilot phase and the list of reporting chemicals no later than 30 days after the comment period for the draft rule ends.

Phase 2 - Pilot Rule

The pilot project will last 3-4 months. The purpose of the pilot rule will be to test the solutions to issues that were identified by the advisory group. Any entity who would be subject to reporting requirements established by the law can participate. Ecology will not limit the number of entities who can participate in the pilot project. Participants will not be subject to any enforcement under the pilot-rule during the pilot project. Written guidelines for how the pilot project will be conducted will be provided to all interested parties.

How will the pilot-project results be used?
Ecology will use the pilot project results to decide if the piloted rule needs to be adjusted before continuing the rule process.

Pilot-Project Milestones & Timeline

Activity	Date * Target Date
Start Advisory Group phase	06/01/2009
End Advisory Group phase	12/16/2009
Write Pilot Rule and Develop Pilot Project Process	01/20/2010
Recruit Pilot Rule Testers (on going), Finalize Guidelines	01/20/2010
Start Pilot Rule Test Phase	02/01/2010
End Pilot Rule Test (date may need to be adjusted)	04/15/2010
Get Final Written Comments from Testers	04/30/2010
Release Pilot Project Report	06/15/2010
Decide how to proceed with a rule based on the information gained during the pilot process.	07/15/2010

* Note: target dates are estimates and may change

Public Involvement

Ecology will inform the public about this rule process to meet public involvement requirements of the Administrative Procedure Act (Chapter 34.05 RCW) in the following ways.
Web Site. Ecology will regularly update this rule development page with information on rule activities, including how to comment on the proposed rule.
Email Notices (ListServ). Ecology created an electronic mailing list (ListServ) to email information and notices to persons interested in this process. Ecology encourages interested persons, including those involved with recycling facilities and transporters and the public to sign up.
Meetings. All of the advisory group meetings will be open to the public; however, the Advisory Group participant number will be limited. Click here for notes from the September 9th meeting.

Contact Information

For more information about this effort contact:
John Williams
Phone: (360) 407-6940
Email: jowi461@ecy.wa.gov