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Solid Waste Management Regulatory Revisions

Proposed Regulations Available for Public Comment

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

This rule will address 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.

Recent Adoptions

Adopted Part 350, Food Donation and Food Scraps Recycling

New York State Department of Environmental Conservation (NYSDEC) has adopted Rulemaking 6 NYCRR Part 350. The regulations will implement the requirements outlined in the Food Donation and Food Scraps Recycling Law enacted in 2019. The law takes effect on January 1, 2022 and requires large generators of food scraps to donate excess edible food and recycle all remaining food scraps if they are located within 25 miles of an organics recycler.

Adoption of Part 351, Plastic Bag Reduction, Reuse, and Recycling

The rule sets forth the requirements of Titles 27 and 28 of Article 27 of the Environmental Conservation Law with respect to the prohibition on the distribution of film plastic bags; allowable reusable bags; and the recycling of film plastic by stores. The regulations also address the related requirements for manufacturers. The rule goes into effect March 14, 2020.

Adoption of Final Rule: 6 NYCRR Parts 360-366 and 369, Solid Waste Management Part 360 Series Clarifications - Effective date: November 4, 2017

The Department has compiled Part 360 Series Clarifications in order to explain and clarify the recently revised Part 360 regulations. Two Enforcement Discretion Letters were signed on September 19, 2019 that address provisions of the Part 360 regulations. These letters replace previous Enforcement Discretion Letters issued on January 25, 2019 and October 10, 2018 and are in effect until either May 3, 2021 or until an amendment to the present rule is promulgated, whichever is earlier


More about Solid Waste Management Regulatory Revisions:

  • Proposed Part 353 - Expanded Polystyrene Foam Container and Loose Fill Packaging Reduction - This rule will address 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.
  • Adopted Part 350, Food Donation and Food Scraps Recycling - The Department is proposing to adopt 6 NYCRR Part 350 to implement the Food Donation and Scraps Recycling Law
  • Proposed Part 368, Product Stewardship and Product Labeling - 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)
  • Adopted Part 351, Plastic Bag Reduction, Reuse, and Recycling - DEC is proposing a new 6 NYCRR Part 351 Plastic Bag Reduction, Reuse, and Recycling. The proposed rule sets forth the requirements of Titles 27 and 28 of Article 27 of the Environmental Conservation Law with respect to the prohibition on the distribution of film plastic bags; Allowable reusable bags; the recycling of film plastic by stores; and related requirements for manufacturers.
  • Parts 360-366 and 369, Solid Waste Management - The Department has compiled Part 360 Series Clarifications in order to explain and clarify the recently revised Part 360 regulations. Two Enforcement Discretion Letters were signed on September 19, 2019 that address provisions of the Part 360 regulations. These letters replace previous Enforcement Discretion Letters issued on January 25, 2019 and October 10, 2018 and are in effect until either May 3, 2021 or until an amendment to the present rule is promulgated, whichever is earlier.
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