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Proposed Part 368, Product Stewardship and Product Labeling

Notice of Proposed Rule Making - Adoption of 6 NYCRR Part 368 - Product Stewardship and Product Labeling

Notice is hereby given that the New York State Department of Environmental Conservation (NYSDEC) filed a Notice of Proposed Rule Making with the New York State Department of State on June 15, 2021 to repeal and replace Part 368. The proposed rule repeals and replaces the existing regulations for Recycling Emblems, develops new regulations for mercury-added consumer product labeling and develops new regulations for the existing Electronic Equipment Recycling and Reuse Act (EERRA). The Notice of Proposed Rulemaking is available in the June 30, 2021 issue of the State Register.

Two public comment hearing webinars for the proposed rule will be held on Wednesday, September 8, 2021, before Administrative Law Judge (ALJ) Lara Q. Olivieri via electronic webinar as follows and, accordingly, is reasonably accessible to persons with impaired mobility:

Date: Wednesday, September 8, 2021
Time: 10:00 a.m.
Access: To join through the internet, visit www.webex.com and click "Join a meeting."
Event Number: 173 431 9378
Password: DMMSep810AM

To join by phone only, dial: 1-518-549-0500
Access Code: 173 431 9378


Date: Wednesday, September 8, 2021
Time: 2:00 p.m.
Access: To join through the internet, visit www.webex.com and click "Join a meeting."
Event Number: 173 004 2056
Password: DMMSep82PM

To join by phone only, dial: 1-518-549-0500
Access Code: 173 004 2056

Persons wishing to comment on the proposed rule will have the opportunity to make a statement at the public comment hearing webinar. Any person wishing to provide a public statement must register in advance of the hearing no later than 10:00 a.m. on Tuesday, September 7, 2021. We ask that each speaker register for only one session of the hearing. Any person who wishes only to observe the webinar online must also register. Any person may listen to the hearing by phone without pre-registration.

To register electronically: Persons who will login to the hearing electronically must register. To register, visit http://www.webex.com, click "Join a meeting," input the event number listed above, click "Register," and fill in the requested information. You will be asked whether you wish to make a public statement or not. After registration is complete, you will receive a confirmation by email with information about how to join the hearing.

On the appropriate date and time of the hearing, participants should visit https://www.webex.com, click "Join a meeting" at the top right-hand corner of the screen, and input the appropriate event number for the hearing. Participants will be asked to "select audio system." It is recommended that participants choose to have the system "call me" or "call using computer." The "call me" option will require participants to enter their phone numbers.

To register by telephone: Any person who is not able to login electronically may participate by telephone. Call-in participants must register to speak in advance by calling the Department at 518-402-9003 no later than 10:00 a.m., Tuesday, September 7, 2021. Please provide your first and last name, address, email address if any, and telephone number and reference the Part 368 public comment hearing. We ask that each speaker register for only one session of the hearing.

On the day and time of the hearing, use the phone access phone number, (518) 549-0500, and the appropriate access code listed above to join the hearing.

All participants will be muted upon entry into the hearing. The ALJ will call each person who has requested to provide a statement to speak. Speakers will be called in the order they registered, with elected officials being called first. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. Reasonable time limits may be set for each speaker as necessary to afford all participants an opportunity to be heard. We also recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided above. The hearing will be recorded for inclusion in the record.

The Department 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 Wednesday, August 18, 2021. The written request must be addressed to ALJ Olivieri, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ Olivieri at ohms@dec.ny.gov.

Public Comment on the Proposed Rule Making

The public comment period commences on June 30, 2021. Written statements may be submitted to NYSDEC, 625 Broadway, 9th Floor, Albany, NY 12233-7254, ATTN: Katie Kidalowski or by email to Part368Regs@dec.ny.gov. Please include the following in your subject line: "Comments on Proposed Part 368." Written statements must be submitted to the NYSDEC by midnight on September 15, 2021.

Environmental and Regulatory Impact Review

NYSDEC has determined that the proposed rulemaking will not have a significant adverse environmental impact. NYSDEC has prepared a Regulatory Impact Statement, a Regulatory Flexibility Analysis for small businesses and local governments, a Rural Area Flexibility Analysis and a Job Impact Statement, in accordance with the State Administrative Procedures Act.

Rulemaking Documents

Copies of the documents for the proposed rulemaking are available by contacting the NYSDEC.

Contact: New York State Department of Environmental Conservation, 625 Broadway, 9th Floor, Albany NY 12233-7254, ATTN: Rebecca Vaughan, Phone: (518) 402-8678, E-mail: rebecca.vaughan@dec.ny.gov.

Authority

NYSDEC is conducting the rule making proceedings, including the above-mentioned public hearing, pursuant to New York State Environmental Conservation Law § 1-0101, 3-0301, 27-0717, 27-2103, 27-2111, 27-2615, and title 26 of article 27.

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