Washington Packaging EPR Law: Producer Compliance Guide
Washington's E2SSB 5284 (2025), the Recycling Reform Act, requires producers to be members of the Circular Action Alliance PRO by July 1, 2026, with no mandatory fees until 2029-2030.
Facts on this page were last verified against primary sources on August 23, 2026. The EPR Atlas is re-checked weekly; this stamp moves only when a verification pass actually runs, not when the site rebuilds.
<1 ton OR <$5M global revenue OR agricultural employer under $5M in WA own-brand ag sales (any one qualifies; RCW 70A.208.020(16))
Fees are not yet active. Amounts shown are projections based on Oregon's published 2025-26 rates at the Washington program multiplier (1.02x). Actual rates will be set when the program plan is approved.
The de minimis test, and why one prong is enough
Washington's de minimis test has three prongs and any one of them qualifies: under one ton of covered materials, under $5 million in global gross revenue excluding on-premises alcohol sales, or an agricultural employer with under $5 million in Washington revenue from own-brand agricultural commodities (RCW 70A.208.020(16)). The exemption is available now, not from 2031; January 1, 2031 is only the date the $5 million figures begin CPI adjustment. The statute says "one ton" without specifying metric or short.
When enforcement starts, and the cost-share ramp
Enforcement by Washington Ecology begins March 1, 2029; companies not enrolled in CAA by that date cannot legally sell covered products in Washington. The cost-share ramp is 50% by February 15, 2030, 75% by February 15, 2031, and 90% by February 15, 2032.
Fee Schedule by Material
Base rates before eco-modulation. Final fee = Tonnage x Rate x Eco-Modulation Multiplier.
All amounts are projections; actual rates set upon program plan approval.
Material / Packaging Type
Rate / Metric Ton
Tier
Aluminum, cans
$135 (est.)
Tier 1
Clear PET (#1)
$562 (est.)
Tier 2-3
HDPE Natural (#2)
$202 (est.)
Tier 2-3
Steel
$224 (est.)
Tier 2-3
Uncoated Paper/Board
$180 (est.)
Tier 1
Corrugated
$180 (est.)
Tier 1
HDPE Pigmented (#2)
$719 (est.)
Tier 4
PP (#5)
$855 (est.)
Tier 4
Glass
$224 (est.)
Tier 2-3
LDPE Film / Mono-PE
$967 (est.)
Tier 4
PS Rigid (#6)
$2,181 (est.)
Tier 4
Expanded Polystyrene
$3,103 (est.)
Tier 4
Eco-Modulation Factors
○ SpeculativeProjected/estimated. Eco-modulation rules are not yet finalized in this state.
Source: E2SSB 5284 (2025), Recycling Reform Act. Eco-mod required; program plan (~2028) not yet approved; factors not established.
Eco-modulation adjusts fees based on packaging design and recyclability attributes.
Fee Reductions (Bonuses)
Recyclable-format / PCR credit (expected): lower fee, not yet finalized
Fee Increases (Maluses)
EPS / non-recyclable materials (expected): higher fee, not yet finalized
Multiplier floor: Not established - program plan pending
SPECULATIVE for eco-mod. No mandatory fees until 2029-2030. PRO membership required by July 1, 2026; enforcement begins March 1, 2029. The statute requires eco-modulation, but specific factors/rates will be set in the PRO program plan and are not yet established.
Program Plan Status
Signaled
Plan submitted: No. Washington is still in rulemaking and no PRO plan is due yet.
Agency approved: Not applicable yet.
Where it stands: Ecology filed CR-101 for WAC 173-950 on March 19, 2026 and its first comment period closed June 24, 2026. The Recycling Reform Act advisory council has released a first draft of the statewide collection lists.
Next milestone: Ecology published preliminary statewide collection lists on August 5, 2026 and public comment closed August 19, 2026. Next: the draft preliminary needs assessment goes to Ecology and the advisory council on September 29, 2026 with public comment in September, the final preliminary needs assessment is due December 31, 2026, and Ecology plans to publish the final standardized lists by October 2026.
Source: Washington Department of Ecology; RRA Advisory Council. Agency program page →
Reporting Deadlines and Key Dates
May 31, 2026
Simplified Supply Report due (CAA-set date, not statutory)
Jul 1, 2026
Producers must be PRO members (statutory, E2SSB 5284 Sec. 104(1)(a))
Aug 5, 2026
Ecology publishes preliminary statewide collection lists; public comment closes Aug 19, 2026
Sep 29, 2026
Draft preliminary needs assessment to Ecology and the advisory council; public comment Sep 2026
Dec 31, 2026
Final preliminary needs assessment
Sep 2027
Draft full needs assessment out for public comment
Dec 31, 2027
Final full needs assessment
Oct 1, 2028
PRO submits program plan
Mar 1, 2029
Ecology begins enforcement
Feb 15, 2030
50% cost-share milestone; full fees begin
Feb 15, 2031
75% cost-share milestone
Feb 15, 2032
90% cost-share milestone
Covered Products Scope
Consumer-facing packaging of all material types and paper products. Scope largely mirrors other CAA-administered states. De minimis: any ONE of three prongs qualifies (RCW 70A.208.020(16)) - under 1 ton of covered materials, OR under $5M global gross revenue excluding on-premises alcohol sales, OR an agricultural employer with under $5M in Washington revenue from own-brand agricultural commodities. Covered materials list to be finalized during PRO program plan development (due Oct 2028).
Exemptions and Exclusions
The following categories may be fully or partially exempt from producer obligations in Washington.
Verify applicability with the CAA producer portal or Washington Ecology before excluding any materials from supply reports.
De Minimis (Small Producer)
Three prongs, ANY ONE of which qualifies: (a) introduced <1 ton of covered materials in the most recent fiscal year; (b) global gross revenue, excluding on-premises alcohol sales, <$5M for the prior fiscal year; or (c) an agricultural employer meeting the test in the ag row below. The prongs are joined by "or", so the test is NOT cumulative. Statute: RCW 70A.208.020(16) (E2SSB 5284, 2025 c 316 s 102). Two cautions: the statute says "one ton" without specifying metric or short, and January 1, 2031 is the date the $5M figures begin CPI adjustment, not the date the exemption starts.
B2B / Tertiary Packaging
Tertiary/transport packaging used exclusively B2B excluded
Medical Device and Pharmaceutical
Packaging for prescription drugs and FDA-regulated medical devices excluded
Agricultural Packaging
Agricultural employers, as defined in RCW 19.30.010 and regardless of where the employer is located, qualify on a Washington-specific revenue test: <$5M (inflation-adjusted on the same basis as the general revenue prong) in gross revenue in Washington from consumer sales of agricultural commodities sold under the employer's own brand name. This is a statutory prong, not an agency-set threshold. Source: RCW 70A.208.020(16)(c).
Hazardous Materials Packaging
Conditional, and not yet operative. E2SSB 5284 sec. 102(19)(j) reaches OSHA Hazard Communication Standard products, but only where the hazard prevents the packaging from being reduced or made reusable, recyclable or compostable, “as determined by the department”. Ecology has made no such determination and is at the start of rulemaking for chapter 173-950 WAC, so this cannot be relied on today.
Washington program enacted May 2025 and is in ramp-up phase. The de minimis definition itself is statutory and settled; the covered materials list and the wider exemption detail are still being developed through the PRO program plan (due Oct 2028). Verify list-level scope with WA Dept. of Ecology or the CAA portal.
Responsible Producer
Obligation follows a hierarchy: the brand owner whose brand is on the covered product; if the brand owner has no U.S. presence, the importer of record; if neither exists, the distributor or retailer that first sells the item into the state. Store-brand / private-label goods: the retailer whose brand appears is the producer. Licensed brands: the licensee that makes or sells is usually the producer unless the license assigns it.
WA: Standard hierarchy; confirm in the CAA portal. General framework; verify the statutory definition and your specific role before registering.
What You Report and Covered Materials
These attributes are the fee inputs, so instrument them at design time. CAA collects this once through its producer portal and maps it to each state you sell into; state-specific rules still apply. Retain supporting records (typically 3 to 5 years) to substantiate reports, exemptions, and credits.
Covered Material Category (CMC) for each component
Net weight per component, per unit (grams)
Units / volume placed on the state market in the reporting year
Post-consumer recycled (PCR) content %, with documentation
Recyclability designation (per the state list) and reuse / refill status
PCR / recycled content: No packaging EPR PCR or source-reduction mandate yet; Washington has a separate recycled-content law for certain plastic containers (verify applicability).
Source reduction: No EPR source-reduction mandate yet; lighter packaging will lower future tonnage-based fees.
Toxics / substance limits: Washington applies the Toxics-in-Packaging heavy-metals limit and restricts PFAS in food packaging (Dept. of Ecology); verify current scope.
Sources: Washington Toxics in Packaging; Toxics in Packaging Clearinghouse member list (Washington is a member); WA PFAS food-packaging rules. Model the dollar impact of any design change in the EPR fee calculator; this is design guidance, not a fee estimate.
Statute and Rule Text
Statute: E2SSB 5284 (2025), the Recycling Reform Act. Read the statute →
Implementing rule: WAC 173-950 (in development). CR-101 filed March 19, 2026. Ecology estimates CR-102 in October 2027, hearings in December 2027, and rules effective May 2028. Read the rule →
Primary sources. Where the statute and an agency summary disagree, the statute and the adopted rule control.
Frequently Asked Questions
What is the July 1, 2026 deadline in Washington?
Washington producers must be enrolled as members of the Circular Action Alliance PRO by July 1, 2026. This is a direct producer obligation. Non-compliant producers are out of compliance as of that date, even though enforcement does not begin until March 1, 2029.
What is Washington's de minimis test, and does the 2031 date delay it?
Washington's de minimis definition has three prongs joined by "or", so meeting any one of them is enough: introducing under one ton of covered materials in the most recent fiscal year, having under $5 million in global gross revenue (excluding on-premises alcohol sales) in the prior fiscal year, or being an agricultural employer with under $5 million in Washington revenue from consumer sales of its own-brand agricultural commodities. See RCW 70A.208.020(16). January 1, 2031 does not delay the exemption: it is the date the $5 million figures begin annual CPI adjustment. Note also that the statute says "one ton" without specifying metric or short.
When does Washington EPR enforcement begin?
Washington Ecology begins enforcement on March 1, 2029. Companies not enrolled in CAA by that date cannot legally sell covered products in Washington. The first mandatory fee payments begin February 15, 2030 (50% cost-share milestone).
What type of supply report does Washington require?
Washington requires a Simplified Supply Report showing aggregated weight by material category. The 2025 supply report was due to CAA May 31, 2026, a CAA-set program date; RCW 70A.208 fixes no producer reporting date, though the July 1, 2026 PRO membership date is statutory.
Explore Washington Data in the Full EPR Atlas Hub
The EPR Atlas hub includes interactive tools to model your Washington EPR cost exposure and compare eco-modulation scenarios across all seven enacted states.