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

    Certification Scorecard — Week of June 22, 2026

    Top stories from March 2025

    3 factors force e-scrap processing onshore

    Data center boom sets up ITAD growth

    Certification Scorecard — Week of June 15, 2026

    Tzvika Shahaf of Blancco

    Blancco names new SVP of product strategy

    IT security driving plans, reshaping budgets

    Study cuts projected AI server e-waste by 90%

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    Certification Scorecard — Week of June 22, 2026

    Top stories from March 2025

    3 factors force e-scrap processing onshore

    Data center boom sets up ITAD growth

    Certification Scorecard — Week of June 15, 2026

    Tzvika Shahaf of Blancco

    Blancco names new SVP of product strategy

    IT security driving plans, reshaping budgets

    Study cuts projected AI server e-waste by 90%

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
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: EPS FoamHard-to-Recycle MaterialsLegalLegislation & EnforcementManufacturersPackaging Design
TweetShare
Colin Staub

Colin Staub

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

Related Posts

EPR deadlines approach as lawsuits loom

byStefanie Valentic
June 23, 2026

Packaging producers in Washington and Maryland have until July 1 to register with a producer responsibility organization (PRO), demonstrating how...

Towfiqu ahamed barbhuiya

CA mandates uniform food labels starting July 1

byStefanie Valentic
June 22, 2026

Starting July 1, food manufacturers selling in California must follow new rules designed to end consumer confusion that sends billions...

Compliance push drives new Republic organics facility

byStefanie Valentic
June 18, 2026

Republic Services started construction on a 140-acre organics facility in San Bernardino designed to expand Southern California's composting capacity under...

ICIS monthly recycled plastics pulse: Most Oct resin prices stabilize for fall

CA advances PET payments bill, posts DRS recovery rates

byAntoinette Smith
June 18, 2026

The bill to increase payments for the state's PET reclaimers will now go before the Senate Appropriations Committee.

Novelis posts steady Q2 amid tariffs, fire recovery

Tariff updates unlikely to have big impact on recycling industry

byPaul Lane
June 18, 2026

Revisions under Section 232 would lower the tariffs on certain materials through 2027.

CAA seeks industry input on EPR fees

CAA seeks industry input on EPR fees

byAntoinette Smith
June 16, 2026

A new producer steering committee will help involve stakeholders more directly in the fee-setting process as packaging EPR law is...

Load More
Next Post

In other news: May 18, 2017

More Posts

Niagara acquires Absopure, invests in plants

June 23, 2026
Ineos Styrolution closing Illinois plant

Ineos Styrolution closing Illinois plant

June 23, 2026
Recycling Symbol With Hands

TRP report calls for unified recycling process

June 24, 2026
ICIS monthly recycled plastics pulse: Most Oct resin prices stabilize for fall

CA advances PET payments bill, posts DRS recovery rates

June 18, 2026
Quebec film recycler expands into Mississippi

Quebec film recycler expands into Mississippi

June 18, 2026

Compliance push drives new Republic organics facility

June 18, 2026
College dorm room with boxes from moving day

What happens to college move-out waste?

June 19, 2026

Deals expand Paladin’s global ITAD network

June 23, 2026
CalRecycle updates EPR covered materials list

CalRecycle awards $41m in grants, loans

June 22, 2026
Towfiqu ahamed barbhuiya

CA mandates uniform food labels starting July 1

June 22, 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.