Ban on Polystyrene Foam Containers and Loose Fill Starts January 1 in NY

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos reminded affected stakeholders-including entities that sell or distribute disposable food service containers, such as retail food stores, restaurants, hospitals, and schools, among others-that New York's ban on expanded polystyrene foam containers and loose fill packaging, commonly referred to as "packing peanuts," begins Jan. 1, 2022. The ban builds on New York's environmental leadership in preventing litter, reducing waste, and supporting recycling through measures such as the ban on plastic carryout bags, the bottle bill, and food scrap recycling and food waste prevention efforts. New York is among the first states to ban polystyrene foam containers and loose fill. An estimated 65 percent of New Yorkers are already subject to local foam bans. Initially, DEC will focus its efforts on outreach and education to ensure a smooth transition for affected stakeholders, with enforcement to follow.

 

"It's simple, New York's statewide ban on polystyrene foam containers and packing peanuts will reduce the waste headed to landfills and combustors," Commissioner Seggos said. "The foam ban will reduce litter, clean up the recycling stream, and support the state's ongoing transition to more sustainable containers and packaging alternatives. This is the logical next step to remove single-use products from our waste stream to protect the environment for generations to come."

 

New York's ban, which begins on Jan.1, prohibits any person engaged in the business of selling or distributing prepared food or beverages for on- or off-premises consumption from selling, offering for sale, or distributing disposable food service containers that contain expanded polystyrene foam in New York. In addition, no manufacturer or store will be allowed to sell, offer for sale, or distribute polystyrene loose fill packaging in the state. Disposable food service containers made of expanded polystyrene foam banned under the law include bowls, cartons, hinged "clamshell" containers, cups, lids, plates, trays, or any other product designed or used to temporarily store or transport prepared foods or beverages, including containers generally recognized as designed for single use.

 

DEC is currently reviewing public comments received on proposed regulations to implement the ban. The proposed regulations were released earlier this year and DEC anticipates releasing final regulations in the coming months. DEC's ongoing outreach to affected entities is focused on education, followed by potential enforcement.

 

Expanded polystyrene (EPS) foam is a major contributor to environmental litter, causing negative impacts to wildlife, waterways, and natural resources. EPS foam is lightweight, breaks apart easily, and does not readily biodegrade, rendering it persistent in the environment and susceptible to becoming microplastic pollution. In addition, EPS foam containers and loose fill packaging are not accepted by most recycling programs in New York State because the foam is difficult to recycle, easily contaminates the recycling stream, is often soiled, and has low value.

 

Examples of covered food service providers required to comply with the ban include:

 

Under the law, any facility, regardless of its income, operated by a not-for-profit corporation or by a federal, state, or local government agency that provides food and meals to food insecure individuals at no or nominal charge may request a financial hardship waiver of the requirements of the law. Examples include:

 

Covered food service providers may also be eligible to request a hardship waiver if they meet the following criteria: have an annual gross income under $500,000 per location; do not operate 10 or more locations in New York State; and are not operated pursuant to a franchise agreement. Retail or wholesale stores that sell EPS foam food and beverage containers or loose fill packaging are not eligible to apply for financial hardship waivers.

 

The law and DEC's proposed regulations to implement the law include exemptions for raw meat, pork, seafood, poultry, or fish sold for the purpose of cooking or preparing off-site by the customer and prepackaged food filled or sealed prior to receipt at a covered food service provider. The law does not apply in New York City because the city has a local polystyrene ban in place and meets the law's population threshold. Other local laws enacting a polystyrene ban are preempted by the state law, except any county law enacting a polystyrene ban providing environmental protection equal to or greater than the state law or if the county files a written declaration with DEC of its intent to administer and enforce its local law. Currently, an estimated 65 percent of New York State's population is subject to a ban on polystyrene foam containers and/or packing peanuts.

 

DEC's outreach and education efforts about the ban are underway, helping those affected by the new law get up to speed with the requirements. DEC continues to conduct outreach and education through the website, educational webinars, newsletters, listservs, magazines, social media, phone calls, and e-mail communications with stakeholders and the public. In addition, DEC is working in close partnership with other State agencies such as the Departments of Health and Agriculture and Markets to distribute outreach materials to retailers and covered food service providers directly affected by this law. DEC is also working with other partners, such as the Pollution Prevention Institute, NYS Center for Sustainable Materials Management, and NYS Association for Reduction, Reuse and Recycling to ensure affected providers receive information regarding the ban.

 

Please visit DEC's website with more information about the proposed regulations to implement the Expanded Polystyrene Foam Container and Polystyrene Loose Fill Packaging Ban.

 

 

Beginning Jan. 1, 2022, restaurants in the state of Washington will no longer automatically include single-use food service items like utensils, condiments and straws with food orders. A new state law restricts the use of these items and prohibits packaged bundles of single-use items in order to reduce waste and litter – although customers can still request individual items if needed.

 

Single-use food serviceware items covered by the new requirements include:

 

Under the new law, to receive a single-use food serviceware item, customers must request it, confirm their choice when asked, or select the item they want from a self-serve station.

“Automatically including disposable silverware, straws and condiments with every order creates a huge amount of waste, much of which ends up littering our roads and damaging our environment,” said Laurie Davies, manager of the Solid Waste program at the Washington Department of Ecology. “This law nudges people to help reduce unnecessary waste.”

 

Nearly one trillion single-use food service products are disposed or littered each year in the United States, according to a 2021 Upstream report. Single-use food serviceware items are also a major contaminant in Washington’s recycling system that decreases the value of recycled materials. Reducing their use will protect the state’s rivers and streams, help the recycling system run more efficiently, and contribute to a growing culture of waste reduction and reuse.

The Washington Department of Ecology plans to focus on education to increase compliance with the new law. The agency worked with a variety of partners to develop informational flyers and outreach material (in 17 languages) that will be available online as a downloadable toolkit before the law goes into effect. Anyone can print and share the material. Local governments, businesses and non-profits are encouraged to use it as a resource to inform staff and customers about the new law.

While lids, forks, ketchup packets and other items will be available upon request, customers are encouraged to bring their own durable, reusable food serviceware items to help reduce single-use waste. Ecology encourages people to explore sustainable options for reusable travel utensils, and develop habits that keep those items clean and available for use on the go.

 

Most Washingtonians quickly adapted to the state’s plastic bag ban earlier this year, and now bring reusable bags when they head to the store.

 

 

The California Air Resources Board has approved a ‘smog check’ regulation for medium- and heavy-duty trucks and buses. While these heavy-duty vehicles with a gross vehicle weight rating (GVWR) greater than 14,000 pounds comprise only 3 percent of all vehicles on California roads, they are responsible for more than 50 percent of nitrogen oxides and fine particle diesel pollution from all mobile sources in the state.

 

The action taken by CARB will cover roughly 1 million heavy-duty trucks and buses operating in California. The twice-a-year inspections will ensure that the emissions control systems maintain the same efficiency as the vehicle ages. By 2037, the program is estimated to deliver reductions of 82 tons per day of NOx and fine particle diesel pollution. The Board also directed a four-times per year testing frequency for trucks with on-board diagnostics to be phased in over time.

 

“This first-in-the-nation program will prevent trucks and buses from emitting unhealthy pollutants from their engines for the life of the vehicle,” said CARB Chair Liane Randolph. “This commonsense measure will provide the pollution reductions we urgently need to achieve federal air quality standards and deliver cleaner air to impacted communities near ports, freeways, and warehouses."

 

The new program is expected to yield $75 billion in health benefits, prevent 7,500 air-quality related deaths and 6,000 hospitalizations and emergency room visits from 2023 to 2050. These benefits are 18 times the estimated cost of the program at $4 billion.

 

The program is designed to provide a convenient approach for compliance to businesses and vehicle owners, prevent highly polluting trucks and buses from being registered, and will result in the rapid repair of malfunctioning emissions control equipment when it breaks.

 

The new program implements SB 210, authored by Senator and ex-officio Board member Connie Leyva in 2019, directing CARB to develop and implement a new, comprehensive Heavy-Duty Inspection and Maintenance program to control emissions more effectively from non-gasoline on-road heavy-duty vehicles. It will also include independent owner/operators who were exempt from the current program of periodic smoke inspections.

 

“I am beyond excited that this historic program will finally be implemented across California and that it will result in the largest reduction in NOx emissions since the Truck and Bus Regulations were adopted in 2008. Just as passenger vehicles have already been doing for decades, it is long overdue that big diesel trucks undergo smog check testing so that we can continue to clean our air and improve public health across California. By keeping polluting dirty trucks off our freeways and roads, we will take an important step forward in further cleaning the air across our state,” Senator Leyva said. “The benefits this program will bring to our environment, our communities and the health and wellbeing of our families is a clear win-win for all Californians.”

 

The Heavy-Duty Inspection and Maintenance program will roll out a statewide network of roadside emission monitors to screen for high emitting trucks, starting with the San Joaquin Valley and South Coast and expanding over time. It will also require vehicles with a GVWR greater than 14,000 pounds operating in California to perform periodic testing and submit the data to CARB. As with passenger cars and light-duty trucks, California registration of these heavier vehicles will require passing the inspection. Unlike light-duty smog checks, however, there is no requirement to go to a ‘brick and mortar’ heavy-duty smog check station.

 

Heavy-duty vehicle owners will be able to complete the required test and deliver the information remotely without having to travel to designated testing locations. For telematics users, an onboard diagnostics (OBD) inspection that draws emissions control performance data from the vehicle’s internal computer, an inspection can be completed automatically without taking the vehicle out of operation. OBD systems have been required by CARB on heavy-duty vehicles since 2013. Older heavy-duty vehicles without on-board diagnostic systems would continue the current opacity testing requirements with an added visual testing component, twice each year.

 

The Heavy-Duty Vehicle Inspection Program will continue to augment the new testing requirements with inspections and testing randomly carried out at border crossings, California Highway Patrol weigh stations, fleet facilities and randomly selected roadside locations.

 

 

Over the years, hundreds of new synthetic drugs that mimic the effects of illegal and legal substances have emerged. The underground nature of each drug’s development and distribution makes its international popularity hard to track. Now, using wastewater from the days near the 2021 New Year holiday, researchers in ACS’ Environmental Science & Technology Letters report an increased international usage of some synthetic drugs, including eutylone and 3-methylmethcathinone (3-MMC) compared to the previous year.

 

New synthetic drugs, also known as new psychoactive substances (NPS), include drugs made in clandestine labs without consistent methods or ingredients, as well as pharmaceuticals that are diverted into the illegal NPS market. Abuse of these substances can lead to overdose and death. NPS are tracked by forensic toxicologists, drug enforcement authorities and public health officials, but their global pervasiveness is still elusive because each agency obtains and stores their information in different ways, and not every user or dealer is identified. In contrast, wastewater epidemiology — a comprehensive survey of community-level drug consumption or disease presence — can provide widespread, consistent and near real-time information. And because everyone goes to the restroom at some point, all users are monitored with this analysis. Previously, Richard Bade, Cobus Gerber and colleagues used this technique to find out how popular various NPS were during the 2019-2020 New Year period in eight countries. However, with the regular variability of NPS distribution and the COVID-19 pandemic’s restrictions, the researchers wanted to track which drugs were prevalent during the more recent New Year holiday, adding additional sites and countries.

 

In the days surrounding Jan. 1, 2021, the researchers collected raw wastewater samples from 25 treatment plants in 10 countries across Asia, Oceana, Europe and North America. With liquid chromatography-mass spectrometry, they searched for 27 unmetabolized NPS. Eleven of these compounds were detected, with only one site in Fiji having no measurable amount for any of the substances. The team found that most of the compounds were synthetic cathinones, also known as “bath salts.” Within this class of NPS, methcathinone, eutylone and 3-MMC were detected most often and had the highest per capita levels in wastewater. However, methcathinone also can result from the degradation of two legal decongestants, ephedrine and pseudoephedrine, so the researchers were hesitant to link it only to illicit drug consumption. Finally, when the researchers compared the 2020-2021 New Year period to the prior year’s holiday, eutylone and 3-MMC had an increased international presence. They report that 3-MMC was found for the first time in New Zealand, despite international travel restrictions. By expanding the number of sites and countries investigated, the researchers say they have provided new insights into the constantly shifting global NPS consumption patterns.

 

The authors acknowledged funding from South Australia Health; European Union's Justice Programme—Drugs Policy Initiatives; Generalitat Valenciana; and the Chemical, Bioengineering, Environmental, and Transport Systems (CBET) Division of the U.S. National Science Foundation.

 

Two of the study’s authors are co-founders of a company that provides commercial wastewater epidemiology services, and one of the authors is the founder of a wastewater testing nonprofit project.

 

 

The California Air Resources Board approved a measure that will require most newly manufactured small off-road engines such as those found in leaf blowers, lawn mowers and other equipment be zero emission starting in 2024. Portable generators, including those in recreational vehicles, would be required to meet more stringent standards in 2024 and meet zero-emission standards starting in 2028.

 

The new requirement, an amendment to CARB’s existing small off-road engine regulations first adopted in 1990, applies to manufacturers and will impact new equipment (Model Year 2024 and later) only. Californians can continue to operate their current CARB-compliant gasoline-powered SORE equipment; there will be no “ban” on using older models or used equipment purchased in the future. Older models on store shelves can also be purchased even if they are gasoline-powered.

 

This move by CARB aligns with Governor Gavin Newsom’s Executive Order signed in September 2020 that moves the state closer to a zero-emission future. It also provides significant emissions reductions of smog-forming pollution needed for California to achieve stringent federal air quality standards in the future.

 

“Today’s action by the Board addresses these small but highly polluting engines. It is a significant step towards improving air quality in the state and will definitely help us meet stringent federal air quality standards,” said CARB Chair Liane Randolph. “It will also essentially eliminate exposure to harmful fumes for equipment operators and anyone nearby.”

 

Despite their small size, these engines are highly polluting. The volume of smog-forming emissions from this type of equipment has surpassed emissions from light-duty passenger cars and is projected to be nearly twice those of passenger cars by 2031. Today, a commercial operator using one backpack leaf blower for one hour generates the same smog-forming emissions as a car driving 1100 miles.  These regulations will reduce emissions of smog-forming emissions by 72 tons per day.

 

The amended regulation will set SORE emission standards to zero in two phases:

 

Zero-emission equipment in the SORE sector is widely available. It is quieter, cleaner, has less vibration, and has greatly improved over the last few years. Since 2018, CARB has operated the Zero-Emission Equipment Roadshow, which loans the equipment free of cost for 3 weeks to municipalities and other entities that express interest. There are approximately fifty pieces of professional equipment from eight manufacturers included in the Roadshow. The Roadshow has been to 25 organizations throughout the state.  Many users who may have complained about early models have become enthusiastic supporters (examples include the Los Angeles Unified School District, UC Irvine, Santa Barbara Parks and Rec, Capitol Park in Sacramento, and more).

 

Incentive funds will be available to commercial purchasers of new zero-emission equipment through CARB's Clean Off-Road Equipment Voucher Incentive Project (CORE), which was created to accelerate deployment of cleaner off-road technologies. The Legislature has allocated $30 million to be dedicated to sole proprietors and other small landscaping businesses in California to help them purchase zero-emission small off-road equipment, including leaf blowers, lawn mowers and string trimmers.

 

 

The California Air Resources Board (CARB) reached a settlement agreement with American Honda Motor Corporation, Inc. (Honda) of Torrance, California for $6.9 million for violations of CARB’s air quality regulations. This is the second enforcement action against Honda in the past two years.

 

In 2019, CARB testing revealed several small off-road engine (SORE) products did not meet CARB evaporative emission standards. These standards control the amount of raw fuel that is allowed to evaporate from these engines, which are typically used in lawn and garden equipment like lawn mowers and pressure washers. Honda’s engines failed to meet the 24-hour evaporative standards determined by testing engines while cycling from typical night-to-day temperatures found in California. Honda failed these tests demonstrating evaporative emissions of gasoline above the legal limit. Honda also failed to follow Small Off-Road Engine Evaporative Emission Control System Certification Procedures.

 

Small off-road engines are a major source of pollution in California. In California in 2021, these small engines surpassed light-duty passenger cars as a source of smog-forming emissions. This includes the emissions of raw fuel that continue to evaporate from these engines, lawn mowers and other equipment even when they are powered off. To address this major source of smog-forming emissions, CARB is working on a regulation to transition these small off-road engines to zero-emission technologies. This will help California meet its required federal clean air standards, clean the air and significantly reduce harmful emissions for those who work all day with these small off-road engines.

 

“This case reinforces the importance of CARB’s testing and investigative work,” said CARB Executive Officer Richard W. Corey. “The scope of this violation and impact to California’s air pollution challenge is significant -- more than 150,000 small off-road engines used without proper certification that also failed to meet California’s evaporative emissions standards. The excess raw fuel from these engines goes directly into the air where it becomes a fundamental building block of ozone and smog. The case also underscores the need to transition to clean equipment that does not rely on burning fuel.”

 

In addition to the penalty and as a condition of settlement, Honda is required to submit and implement a corporate compliance plan to fulfill all CARB regulations going forward. Honda will also forfeit about 80,000 banked emissions credits they have accumulated under the program as part of the settlement.

 

Honda cooperated with CARB to resolve all allegations of violating SORE and Evaporative Emissions Regulations. Honda’s settlement includes a $3.9 million civil penalty that will go to CARB’s Air Pollution Control Fund, which provides funding for projects and research to improve California's air quality. The remaining $3 million will fund several Supplemental Environment Projects (SEP), including installation of air filtration systems in Oakland schools, an air quality education program for students in Contra Costa and San Diego counties, and an HVAC replacement project to improve the air quality and efficiency of air conditioning and filtration systems in West Fresno elementary schools.

 

Previously, in April 2020, CARB settled with Honda for nearly $2 million for exceeding the certified evaporative model emission limit under the SORE regulations.

 

 

Massachusetts Attorney General Maura Healey, the EPA and the Baker-Polito Administration announced that Barnhardt Manufacturing Company, a North-Carolina-based cotton bleaching company, has agreed to pay nearly $1.5 million to settle allegations that it spilled dozens of gallons of concentrated sulfuric acid from its Colrain facility into the North River, killing more than 270,000 fish, including thousands of state-listed rare species.

 

The state and federal settlements will also require the company to take steps to comply with water pollution, hazard management, and chemical accident prevention laws at their bleaching facility and associated wastewater treatment facility.

 

“The sulfuric acid spill caused by this company was devastating for the Colrain community and left long-lasting damage to the North River,” AG Healey said. “Today’s settlements will hold Barnhardt accountable for harming this rich ecosystem and will provide significant funding to restore nearby natural resources and fisheries.”

 

According to the AG’s complaint, on Sept.1, 2019, between approximately 53 and 60 gallons of concentrated sulfuric acid sprayed out of an outdoor above-ground storage tank at Barnhardt’s Colrain facility directly onto the ground. The AG’s Office alleges that Barnhardt knew the storage tank had a leak and neglected to repair it. Dozens of gallons of acid allegedly flowed into a nearby brook and down a three mile stretch of the North River, a pristine river and popular recreational fishery that feeds into the Deerfield River. According to the complaint, the acid dissolved nearly everything in its path, killing more than 270,000 fish and damaging more than 14 acres of protected wetland resource areas and over 12 acres of designated habitat of two state-listed rare species—the Longnose Sucker fish and the Ocellated Darner dragonfly. Barnhardt also allegedly discharged wastewater from its facility in excess of permitted limits on numerous occasions, improperly operated and maintained its wastewater treatment facility, and mismanaged hazardous waste oil.

 

The AG’s Office alleges Barnhardt’s acid spill and facility operations violated numerous Massachusetts environmental laws and regulations, including the state Wetlands Protection Act, Endangered Species Act, Clean Waters Act, and Hazardous Waste Management Act, and gave rise to significant damages under the Commonwealth’s Oil and Hazardous Material Release Prevention and Response Act and Inland Fisheries Statute.

 

EPA’s administrative settlement alleges, among other things, that the company failed to maintain its sulfuric acid tank in violation of the General Duty Clause of the Clean Air Act, which requires users of extremely hazardous substances to take steps to prevent and mitigate accidental releases. 

 

Under the terms of the settlement with the AG’s Office, Barnhardt is required to comply with state regulations to protect water quality and natural resources at and around its facility and undertake additional training, planning, and operations to prevent future releases. Barnhardt will also pay up to $500,000 in penalties, including $200,000 to the Commonwealth’s Natural Heritage and Endangered Species Fund. Barnhardt will also fund the replacement and/or enhancement of one or more culverts located in the Deerfield River watershed in Colrain, at a cost of $300,000. Additionally, Barnhardt will pay the state more than $360,000 to fund environmental restoration projects in the Colrain area, to compensate for the harm to natural resources and fisheries, and to reimburse the costs of assessing natural resource damages.

 

EPA’s settlement requires a civil penalty payment of approximately $305,000 to the U.S. Treasury and work to ensure that chemical hazards at the plant are identified and addressed.

 

“EPA’s case complements the Commonwealth’s by addressing the root cause of the spill,” says EPA Acting Regional Administrator Deb Szaro. “It’s critical that companies handling hazardous chemicals identify hazards and ensure that their facilities are designed and maintained safely. Carefully following the Clean Air Act’s chemical accident prevention provisions helps prevent releases from occurring in the first place.”  

 

The state settlement was negotiated in collaboration with the Massachusetts Department of Environmental Protection (MassDEP) and the Massachusetts Division of Fisheries and Wildlife (DFW). EPA brought its administrative case on a separate but parallel track.

 

“The North River is an important fishery and recreational asset that was severely affected by the release of industrial acid from the Barnhardt facility,” said Energy and Environmental Affairs Secretary Kathleen Theoharides. “This appalling situation was entirely preventable, and we trust that the settlement and improvements at the facility will prevent similar events in the future while helping to restore these local fisheries and natural resources.”

 

“The acid spill in Colrain devastated natural resources in the North River. This settlement will help prevent future spills from happening and compensate the public for the environmental damage that was caused,” said MassDEP Commissioner Martin Suuberg. “This settlement will also help ensure that Barnhardt complies with its effluent limits and toxicity levels as required under the Clean Water Act regulations.”

 

“I would like to thank the Deerfield River Chapter of Trout Unlimited, local anglers, and the many fishing guides who serve as our ‘eyes and ears’ on the river and first reported the fish kill that led to this action,” said Massachusetts Department of Fish and Game Commissioner (DFG) Ron Amidon. “We are very pleased that the Attorney General’s Office negotiated a settlement that provides $292,000 to the Division of Fisheries and Wildlife for fisheries and rare species restoration, and $300,000 to the Town of Colrain for culvert improvements that will further benefit cold water fish and native wildlife. We look forward to working with the local partners on efforts that will benefit trout and other wildlife in the North River and greater Deerfield River watershed.”

 

This case was handled for Massachusetts by Assistant Attorney General Turner Smith, Deputy Chief of AG Healey’s Environmental Protection Division, with the assistance of Assistant Attorney General Tracy Triplett, along with MassDEP Chief Regional Counsel Christine LeBel and technical staff members Brian Harrington, Matthew Sokop, Daniel Kurpaska, Saadi Motamedi, David Howland, Dave Slowick, Joel Rees, and Dave Foulis; MassDEP’s Natural Resources Damages Program Coordinator Michelle Craddock; DFG General Counsel Jennifer Sulla; and Chief of Regulatory Review Jesse Leddick, Senior Endangered Species Review Biologist Misty-Ann Marold, and Assistant Director of Fisheries Todd Richards, all of the DFG’s Division of Fisheries and Wildlife.

• The Department of Agriculture, Pesticide Use Revolving Fund – Pesticide Disposal Program/Pesticide Safety Training;
• the Department of the Attorney General, Criminal Justice/Investigations Division;
• the Department of Health, Environmental Management Division, to support environmental-health programs; and
• the Department of Land and Natural Resources, Division of Aquatic Resources.

• Inadequate documentation that the facility’s refrigeration system was designed to prevent releases of anhydrous ammonia.
• Failure to promptly address critical safety recommendations.
• An insufficient operation and maintenance program for the refrigeration system.
• Insufficient emergency response training for employees if an accidental release of ammonia were to occur.
• Inaccurate hazardous chemical reporting to first responders and safety regulators.