Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    Diversion Dynamics: Secondhand exports slow down fast fashion

    Certification scorecard for the week of March 2, 2026

    Industry announcements for January 2026

    Industry Announcements for March 2026

    HP receives ocean plastics certification

    HP Inc. earnings point to memory inflation challenge

    Certification scorecard for the week of Feb. 23, 2026

    Umicore highlights strength in recycling, catalysis

    Apto, Tusaar partner on rare earths recovery

    Apto, Tusaar partner on rare earths recovery

    Certification scorecard for the week of Feb. 16, 2026

    Sims Lifecycle leverages hyperscale decommissioning

    Sims Lifecycle leverages hyperscale decommissioning

  • Conferences
  • Publications

    Other Topics

    Textiles
    Organics
    Packaging
    Glass
    Brand Owners

    Metals
    Technology
    Research
    Markets
    Grant Watch

    All Topics

Subscribe
No Result
View All Result
Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    Diversion Dynamics: Secondhand exports slow down fast fashion

    Certification scorecard for the week of March 2, 2026

    Industry announcements for January 2026

    Industry Announcements for March 2026

    HP receives ocean plastics certification

    HP Inc. earnings point to memory inflation challenge

    Certification scorecard for the week of Feb. 23, 2026

    Umicore highlights strength in recycling, catalysis

    Apto, Tusaar partner on rare earths recovery

    Apto, Tusaar partner on rare earths recovery

    Certification scorecard for the week of Feb. 16, 2026

    Sims Lifecycle leverages hyperscale decommissioning

    Sims Lifecycle leverages hyperscale decommissioning

  • Conferences
  • Publications

    Other Topics

    Textiles
    Organics
    Packaging
    Glass
    Brand Owners

    Metals
    Technology
    Research
    Markets
    Grant Watch

    All Topics

Subscribe
No Result
View All Result
Resource Recycling
No Result
View All Result
Home Plastics

NYC moves to reinstate foam ban with new analysis

Colin StaubbyColin Staub
May 17, 2017
in Plastics

In the latest chapter of its ongoing expanded polystyrene saga, New York City will again ban foam food-service packaging. City officials have determined it “cannot be recycled in a manner that is economically feasible or environmentally effective.”

The city’s Department of Sanitation (DSNY) released its new findings May 12, and the ban is scheduled to take effect in November. In 2015, the city lost a court battle over its earlier EPS ban, which was overturned as a result of the decision. The city has crafted the new 43-page ban report in the hope that it will withstand legal scrutiny.

The latest justification report by DSNY Commissioner Kathryn Garcia details a lengthy process of evaluating EPS recycling potential, citing a host of case studies, reports by industry analysts and site visits to the facilities that would be involved. She determined EPS recycling does not pencil out economically, contaminates the recycling stream, reduces a program’s recycling rate, and will, in general, create an expensive hassle for the city.

“After designating food-service foam (as recyclable), numerous municipalities end up disposing of the material at each step in the recycling process,” Garcia wrote. “There is no basis to expect that New York City’s experience will be any different.”

Meanwhile, two opposing New York City Council bills also address EPS, one proposing a separate ban on the material and the other designating it as recyclable in the curbside stream. A four-hour hearing on the latter bill was held the same day the city’s administration announced its new ban.

Lengthy buildup

As political momentum for an EPS ban in NYC was building in 2013, EPS product manufacturer Dart Container lobbied against the proposal and suggested a curbside recycling option for foam. Dart pledged to buy and recycle the recovered material.

City officials at the end of 2013 passed a law imposing a delayed ban. The one-year delay was meant to give the EPS industry time to determine an effective way to recycle the material. Dart proposed to have it collected curbside by DSNY, sorted at Sims’ new Sunset Park materials recovery facility (MRF) in Brooklyn and purchased by Indianapolis reclaimer Plastic Recycling Inc. Dart offered to buy new equipment for the Sims’ and Plastic Recycling Inc. facilities.

Unconvinced, city officials in early 2015 banned EPS food-service products citywide. Leaders cited the long timeframe needed to implement the additional infrastructure and questioned Plastic Recycling Inc.’s ability to process polystyrene products.

In May 2015, a coalition led by Dart sued the city, claiming the ban violated a “clear statutory mandate” in the 2013 law to implement a collection system if recycling EPS was viable. In September 2015, New York State Supreme Court Justice Margaret Chan overturned the ban and ruled there was “abundant evidence showing a viable and growing market for not just clean EPS but post-consumer EPS material.” The city appealed, but a higher court rejected the appeal in December 2015.

What’s changed

Although DSNY reached the same conclusion it did in 2015, the report points to language in Chan’s ruling that the new findings aim to satisfy. The previous findings failed to “clearly state the basis of (DSNY’s) conclusions,” according to the court ruling. In particular, DSNY’s claim that there are no sustainable end markets for EPS was not “adequately explained,” the ruling said.

“In accordance with the Court’s opinion, DSNY undertook additional research and analysis to update its determination,” according to the new report.

Whether the ban will hold up to another appeal remains to be seen. According to New York radio station WNYC, Dart plans to again fight the ban.

 

Machinex 

Tags: EPSHard-to-Recycle MaterialsLegalLegislationManufacturersRecyclability
TweetShare
Colin Staub

Colin Staub

Colin Staub was a reporter and associate editor at Resource Recycling until August 2025.

Related Posts

Emerging US EPR programs spark harmonization talks

Washington designates CAA to lead EPR implementation

byStefanie Valentic
March 4, 2026

The state is the sixth to name Circular Action Alliance as the producer responsibility organization for its packaging EPR law.

State policy is redefining plastics recycling in the US

Policy Now March 2026: CalRecycle selects textile EPR PRO

byStefanie Valentic
March 2, 2026

Legislators are working to sharpen the rules governing how products can be marketed as compostable, recyclable or reusable and avoid...

K-Cup recycling comes to Ontario Blue Boxes

K-Cup recycling comes to Ontario Blue Boxes

byKeith Loria
March 2, 2026

Keurig Dr Pepper Canada and recyclers across the country worked together for nearly a decade on redesign, material conversion and...

Study links tagging tactics to lower contamination rates

Arizona, Reynolds reach settlement on Hefty bag lawsuit

byNora Goldstein
February 23, 2026

Arizona reached a settlement with Reynolds Consumer Products requiring the company to overhaul packaging nationwide.

Minnesota publishes prelim EPR assessment

Minnesota publishes prelim EPR assessment

byAntoinette Smith
February 20, 2026

The report will inform recommendations featured in the next report to develop the state's EPR program for packaging.

Vermont’s battery stewardship law targets fire risk

byStefanie Valentic
February 20, 2026

The state's new law gives residents more options to safely dispose of everything from single-use alkaline batteries to medium-format e-bike...

Load More
Next Post

In other news: May 18, 2017

More Posts

Rising containerboard demand comes as OCC prices taper

November 5, 2024

Paper giants foresee continuing rise in OCC prices

August 28, 2023
Chinese processing group details goals for US visit

AMP lays out vision of next-generation, AI-driven MRFs

July 24, 2024

North American paper mills discuss demand, OCC pricing

May 15, 2023

Mint, HP close loop on recycled copper

March 3, 2026
Fireside Chat at PRC features CAA chief

Fireside Chat at PRC features CAA chief

March 4, 2026

California selects Landbell USA as PRO for textile EPR

March 2, 2026
PureCycle sees easing headwinds to R-PP adoption

PureCycle sees easing headwinds to R-PP adoption

March 3, 2026

Nova launches recycled PE grades from Indiana plant

March 3, 2026
PET bales stacked for recycling.

Evergreen closing RPET plants in Ohio, New York

February 24, 2026
Load More

About & Publications

About Us

Staff

Archive

Magazine

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletter

Get the latest recycling news and analysis delivered to your inbox every week. Stay ahead on industry trends, policy updates, and insights from programs, processors, and innovators.

Subscribe

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • The Latest
  • Analysis
  • Recycling
  • E-Scrap
  • Plastics
  • Policy Now
  • Conferences
    • E-Scrap Conference
    • Plastics Recycling Conference
    • Resource Recycling Conference
    • Textiles Recovery Summit
  • Magazine
  • About Us
  • Advertise
  • Archive
  • Jobs
  • Staff
Subscribe
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.