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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 for the proposed Part 353 is now closed. The public comment period began on September 8, 2021. The public was invited to submit written comments on the proposed Part 353 rulemaking through November 22, 2021.

Public Comment Hearing:

One public comment hearing for the proposed rule was held before an Administrative Law Judge (ALJ) electronically via the Webex Events platform on November 15th, 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

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:

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