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

    Certification Scorecard — Week of April 13, 2026

    EV Battery Pack - Sergii Chernov-Shutterstock

    Redwood, Rivian deal fuels US infrastructure plans

    Bloom ESG and e-Stewards roll out critical metals metric

    Colorado regulators suggest mid-range EPR scenario

    Why collaboration on plastic waste still matters

    Battery recycler Ascend Elements files for bankruptcy

    Battery recycler Ascend Elements files for bankruptcy

    EPR fees are a market signal. Here’s what they’re telling you.

    EPR fees are a market signal. Here’s what they’re telling you.

    Wolframite ore, the primary ore of tungsten from Altai, Russia

    Tungsten scrap export controls draw industry attention

    Certification Scorecard — Week of April 6, 2026

    Closed Loop Partners acquires Sutter Metals, connecting electronics disposition to metals recovery

  • 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

    Certification Scorecard — Week of April 13, 2026

    EV Battery Pack - Sergii Chernov-Shutterstock

    Redwood, Rivian deal fuels US infrastructure plans

    Bloom ESG and e-Stewards roll out critical metals metric

    Colorado regulators suggest mid-range EPR scenario

    Why collaboration on plastic waste still matters

    Battery recycler Ascend Elements files for bankruptcy

    Battery recycler Ascend Elements files for bankruptcy

    EPR fees are a market signal. Here’s what they’re telling you.

    EPR fees are a market signal. Here’s what they’re telling you.

    Wolframite ore, the primary ore of tungsten from Altai, Russia

    Tungsten scrap export controls draw industry attention

    Certification Scorecard — Week of April 6, 2026

    Closed Loop Partners acquires Sutter Metals, connecting electronics disposition to metals recovery

  • 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: EPS FoamHard-to-Recycle MaterialsLegalLegislation & EnforcementManufacturersRecyclability
TweetShare
Colin Staub

Colin Staub

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

Related Posts

Oregon’s battery EPR bill officially charged for implementation

byStefanie Valentic
April 10, 2026

Oregon Governor Tina Kotek signed HB 4144 into law on April 7, setting into motion the mechanics for an extended...

Bill to update New Jersey e-scrap program heads to governor

New Jersey recyclers talk EPR

byBrian Clark Howard
April 9, 2026

At the Association of New Jersey Recyclers’ spring meeting industry representatives discussed the state and future of the sector.

AF&PA states disappointment over Oregon EPR decision

byStefanie Valentic
April 8, 2026

The American Forest & Paper Association is responding after a federal judge blocked the trade group's bid to intervene in...

MRF equipment firm Machinex wins patent fight with rival

Judge blocks four groups from joining Oregon Recycling Act injunction

byStefanie Valentic
April 7, 2026

A judge has shut the door on four industry groups seeking to join NAW's Oregon EPR injunction and clarified who's...

UBC stakeholders report on recycling progress

Trump’s Section 232 tariff overhaul provides mixed results for recycling industry

byStefanie Valentic
April 7, 2026

A sweeping overhaul of the Section 232 steel and aluminum derivatives tariff program took effect April 6, slashing duty rates...

Independents complement primary PRO in state EPR

byAntoinette Smith
April 6, 2026

Separate producer responsibility organizations for specialized packaging such as petroleum products can help ensure success for everyone, according to the...

Load More
Next Post

In other news: May 18, 2017

Leading the Charge in Safe Battery Recycling
Sponsored

Leading the Charge in Safe Battery Recycling

byThe Battery Network
April 13, 2026

We’re connecting people, brands, and communities through one nationwide network built to make battery recycling safer, simpler, and more accessible...

Read moreDetails

More Posts

EPR fees are a market signal. Here’s what they’re telling you.

EPR fees are a market signal. Here’s what they’re telling you.

April 10, 2026
Wolframite ore, the primary ore of tungsten from Altai, Russia

Tungsten scrap export controls draw industry attention

April 9, 2026

Recycling Partnership CEO stepping down

April 15, 2026

WM opens new $60m MRF in Indy

April 10, 2026

Trafigura signs $1.1b deal for recycled battery metals

April 8, 2026
Battery recycler Ascend Elements files for bankruptcy

Battery recycler Ascend Elements files for bankruptcy

April 13, 2026
Solarcycle starts up Georgia recycling plant

S3399 signals a shift in how states are tackling solar panel waste

April 6, 2026

GFL acquires SECURE Waste for $6.4bn

April 13, 2026
Colorado regulators suggest mid-range EPR scenario

Why collaboration on plastic waste still matters

April 13, 2026
Industry group: Help us find the plastic bale volumes we need

PET bales sink further as other grades firm 

April 15, 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.