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Proposed Part 353 - Expanded Polystyrene Foam Container and Loose Fill Packaging Reduction

Notice is hereby given that the New York State Department of Environmental Conservation (DEC) is proposing a new 6 NYCRR Part 353. This proposed rule adds a new Part 353, Expanded Polystyrene Foam Container and Loose Fill Packaging Reduction, to set forth the requirements of Title 30 of Article 27 of the Environmental Conservation Law with respect to the prohibition on expanded polystyrene foam containers and loose fill packaging; financial hardship waiver application process; cost comparison analysis for alternative packaging; definition of the terms "comparable cost" and "undue financial hardship;" and hardship waiver approval, renewal, and revocation criteria.

Public Comment on the Proposed Rule Making

The public comment period begins on September 8, 2021. The public is invited to submit written comments on the proposed Part 353 rulemaking through November 22, 2021. Written comments can be submitted by:

Email to foamban@dec.ny.gov. Please include "Comments on Proposed Part 353" in the subject line of the email; or

By mail to the NYS DEC - Recycling Outreach & Education Section, Division of Materials Management, 625 Broadway, Albany, NY 12233-7253

Public Comment Hearing:

One public comment hearing for the proposed rule will be held before an Administrative Law Judge (ALJ) electronically via the Webex Events platform as follows. The electronic format is reasonably accessible to persons with impaired mobility:

Date: November 15, 2021
Time: 1 PM

Access: To join through the internet, visit www.webex.com and click "Join a meeting."

Event Number: 179 819 9754

Password: welcome1
Location: electronically via Webex Events

To join by phone only, dial: 1-518-549-0500

Access code: 179 819 9754

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 1 p.m. on November 14, 2021. 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 October 25, 2021. Please provide your first and last name, address, email address if any, and telephone number and reference the Part 353 public comment 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 October 25, 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.

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

Express Terms (PDF)
Rural Area Flexibility Analysis (PDF)
Summary of Regulatory Impact Statement (PDF)
Summary of Express of Terms (PDF)
Job Impact Statement (PDF)
Regulatory Flexibility Analysis for Small Business & Local Governments (PDF)
Regulatory Impact Statement (PDF)

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.

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  • NYSDEC
    Division of Materials Management
    625 Broadway
    Albany, NY 12233-7250
    518-402-8706
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