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The Department must begin rulemaking for the Stewardship Program for Packaging by December 31, 2023, according to Public Law 2021, Chapter 455. Rulemaking is initiated when a proposed rule is posted for public comment by the Board of Environmental Protection. Although the Board’s schedule is subject to change, their only scheduled meeting in December is December 7, 2023. Materials for their consideration at that meeting must be provided by Department staff two weeks prior to the meeting. Therefore, in order to meet the requirements of the law, Department staff must prepare a completed draft by November 23. To obtain the best input from stakeholders, the Department will accept comments until October 31. This will provide less time for staff to make associated changes to the draft rule prior to submitting it to the Board and not all comments may be sufficiently addressed. However, the Department is confident that stakeholders will have more than adequate opportunity to provide additional comment on the proposed rule during the formal rulemaking process that will be initiated in December. This formal process will include a public hearing, at least 30 days for public comment, and is likely to result in further changes to the proposed rule that would generate additional opportunities for public comment on those changes prior to final consideration by the Board.
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