 New York’s Expanded Polystyrene Foam Container and Polystyrene Loose Fill Packaging Ban and Proposed Part 353 Regulations
Effective Jan. 1st, 2022, no covered food service provider or store (retail or wholesale) will be allowed to sell, offer for sale, or distribute disposable food service containers that contain expanded polystyrene foam in New York state. In addition, no manufacturer or store will be allowed to sell, offer for sale, or distribute polystyrene loose fill packaging (commonly referred to as packing peanuts) in the state.
The New York State Department of Environmental Conservation (DEC) is proposing a new 6 NYCRR Part 353 to implement the prohibition on the sale and distribution of expanded polystyrene foam containers and loose fill “packing peanuts.” The public is invited to review and submit written comments on the proposed Part 353 rulemaking through Nov. 22, 2021. A virtual public hearing will be held on Nov. 15, 2021, at 1 p.m. - register for the hearing.
The DEC will provide interpreter services for hearing impaired persons, and language interpreter services for individuals with difficulty understanding or reading English, at no charge upon written request submitted no later than Oct. 25, 2021.
For more information about the foam ban.
For full text and more information about the proposed regulations, how to submit public comments, register for the virtual public hearing, or submit a request for interpreter services at the hearing visit.
Sign up to receive Expanded Polystyrene Foam Container and Polystyrene Loose Fill Packaging Ban announcements.
You can also contact foamban@dec.ny.gov with any questions.
NYS Food Donation & Food Scraps Recycling Law Update - Waiver & Webinar Reminder
Effective Jan. 1, 2022, businesses and institutions that generate an annual average of two or more tons of wasted food per week must donate excess edible food to the maximum extent practicable and recycle all remaining food scraps if they are located within 25 miles of an organics recycler with capacity (e.g. composting facility, anaerobic digester, etc.).
Businesses & Institutions That Must Comply with the Law
View list of Designated Food Scraps Generators (DFSG) and their requirements for compliance with the law.
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DFSG Waiver Form (PDF): This form may be used by DFSG who would like to apply for a waiver from a portion or all requirements of the Law for the 2022 calendar year. If applicable, submit this form by Oct. 1, 2021.
Upcoming Webinar for Businesses
DEC has partnered with NYS Pollution Prevention Institute (NYSP2I) to host an upcoming webinar for businesses looking to launch a food scraps diversion program. Register now for the webinar.
Join food waste experts from New York State Pollution Prevention Institute on Sept. 28, 2021, at 1:30 p.m. The 1.5-hour virtual event will break down key aspects of building a diversion program. Representatives from DEC will also be available during the event to answer questions about the upcoming Food Donation and Food Scraps Recycling Law.
Topics include:
- Establishing a food scraps diversion program with employee buy-in
- Addressing contamination
- Evaluating available solutions
- Sustaining success over time
- Opportunities for funding and technical assistance
Learn more about the law, adopted Part 350 regulations, compliance requirements, and additional resources. Contact FoodScrapsLaw@dec.ny.gov with any questions.
EPA National Tribal Waste Management Peer Matching Program
The National Tribal Waste Management Peer Matching Program provides support for tribes, Alaska Native Villages, and tribal consortia to assist one another in addressing waste management issues by providing technical assistance through a peer-to-peer mechanism.
A peer match is a voluntary exchange of information and best practices between tribes. A tribe with expertise provides technical assistance to a tribe with defined program development or implementation technical assistance needs in that same subject area. The following are examples of technical assistance provided through the program: support for developing an Integrated Waste Management Plan (IWMP), waste management, or enforcement codes; constructing and operating a transfer station, recycling facility, compost facility, or landfill; and establishing a fee collection system or acquiring best practices for pollution prevention, composting, or recycling programs.
For those interested in participating in the Peer Matching Program, complete an online inquiry by Sept. 29, 2021. EPA will use the information that is provided in the online inquiry to begin identifying, facilitating, and implementing future peer matches in the Oct. 2021 – Jan. 2022 timeframe and within the funding that is currently available to support travel expenses.
For more information on the National Tribal Waste Management Peer Matching Program.
Events
DEC Proposed Rule Makings & Public Hearings
Conferences, Workshops & Webinars
Funding/RFP Opportunities - Application Deadlines
We Want To Hear From You!
Is there a topic you'd like to learn more about or a public event or workshop related to recycling (organics, textiles, traditional recyclables, etc.) you'd like the greater community to know more about? E-mail us at organicrecycling@dec.ny.gov and it could be featured in an upcoming Solid Waste & Recycling Newsletter.
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