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

    Certification Scorecard — Week of July 13, 2026

    Data quantifies progress on plastic recycling

    Inside the Circle: Don’t break the sustainable accounting system

    Assurant releases Q2 trade-in and upgrade data

    iPhone changes could flip script on secondhand market

    From claims to custody: PCR procurement grows up

    From claims to custody: PCR procurement grows up

    What the NAND flash crunch means for remarketing, refurbishment and residual values

    Telamon acquires ITAD consultancy Retire-IT

    Certification Scorecard — Week of July 6, 2026

  • 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 July 13, 2026

    Data quantifies progress on plastic recycling

    Inside the Circle: Don’t break the sustainable accounting system

    Assurant releases Q2 trade-in and upgrade data

    iPhone changes could flip script on secondhand market

    From claims to custody: PCR procurement grows up

    From claims to custody: PCR procurement grows up

    What the NAND flash crunch means for remarketing, refurbishment and residual values

    Telamon acquires ITAD consultancy Retire-IT

    Certification Scorecard — Week of July 6, 2026

  • 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

US recycling rates rise despite drop in bottles

byAntoinette Smith
July 16, 2026

Although rates saw slight gains over two years, the data highlight the need for policy solutions to unlock growth in...

CarbonLite to open $60 million Pennsylvania plant

Federal judge blocks CA ‘Truth in Recycling’ (SB 343) law

byStefanie Valentic
July 15, 2026

A federal judge has blocked California from enforcing SB 343's recyclability labeling restrictions, ruling the "Truth in Recycling" law is...

Data quantifies progress on plastic recycling

Inside the Circle: Don’t break the sustainable accounting system

byBill Shireman
July 13, 2026

Why California should not restrict the use of “mass balance accounting.”

From claims to custody: PCR procurement grows up

From claims to custody: PCR procurement grows up

byPuneet Thadani
July 10, 2026

In this guest column, the founder of Ecolar Global says the growing use of recycled content without standardized documentation presents...

Two recycled-content bills gain approval in California

California agriculture seeks SB 54 repeal

byStefanie Valentic
July 7, 2026

A coalition of state agriculture stakeholders says the packaging law could add nearly $1,400 a year to household grocery costs...

In Our Opinion: Coalitions: The EPR Differentiator

Inside NAW’s constitutional case against packaging EPR

byStefanie Valentic
July 6, 2026

The National Association of Wholesaler-Distributors is fighting EPR in Oregon, and now in California too.

Load More
Next Post

In other news: May 18, 2017

More Posts

CarbonLite to open $60 million Pennsylvania plant

Federal judge blocks CA ‘Truth in Recycling’ (SB 343) law

July 15, 2026

Plastics ease as paper, cans steady

July 13, 2026
Data quantifies progress on plastic recycling

Inside the Circle: Don’t break the sustainable accounting system

July 13, 2026
Unpacking the Starbucks cup data

Unpacking the Starbucks cup data

July 8, 2026
Greg Saxon to lead The Recycling Partnership

Greg Saxon to lead The Recycling Partnership

July 15, 2026
Auto Draft

Mint spins off battery recovery biz as it prepares US launch

July 15, 2026
From claims to custody: PCR procurement grows up

From claims to custody: PCR procurement grows up

July 10, 2026
Tech giant pens detailed ‘plastic-free packaging’ guide

What Google’s latest report means for ITAD

July 8, 2026
APR adds PCR content verification to cert program

APR adds PCR content verification to cert program

July 9, 2026
Plastics ease as paper, cans steady

Mars increases use of recycled content

July 14, 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.