NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
AIR, ENERGY AND MATERIALS SUSTAINABILITY
DIVISION OF SUSTAINABLE WASTE MANAGEMENT

Notice of Rule Proposal
Certain Single-Use Paper and Plastic Bags, and Polystyrene Foam Food Service Products Proposed New Rules: N.J.A.C. 7:26L

PUBLIC NOTICE
Take notice that the NJ Department of Environmental Protection is proposing the promulgation of new Single-Use Paper and Plastic Bags, and Polystyrene Foam Food Service Products rules at N.J.A.C. 7:26L.

The Department is proposing a new chapter entitled Certain Single-Use Paper and Plastic Bags, and Polystyrene Foam Food Service Products, N.J.A.C. 7:26L, to restrict the sale and distribution of certain single-use plastic carryout bags and polystyrene foam food service products as well as the use of single-use paper carryout bags in accordance with N.J.S.A. 13:1E-99.126 et seq. In addition to restricting single-use carryout bags and polystyrene foam, the proposed rules include exemptions and waiver provisions for polystyrene foam food service products. The proposed rules also include enforcement provisions.

The proposal is scheduled to be published in the New Jersey Register dated April 1, 2024.  A copy of the proposal is available on the Department’s webpages at: https://njdepwptest.net/wp-content/uploads/rules/proposals/proposal-20240401a.pdf and LexisNexis free public access to the New Jersey Register at http://www.lexisnexis.com/hottopics/njoal/.

A public hearing concerning the proposal will be conducted virtually via the Department’s video conferencing software on May 1, 2024 at 9:00 A.M.

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If you are interested in providing oral comments at the virtual public hearing, please email the Department at erin.jensen@njdepwptest.net no later than 5:00 P.M. on April 29, 2024, with your contact information (name, telephone number, email address, and if applicable, the name of the organization on behalf of which you are speaking).  You must provide a valid email address so the Department can send you an email confirming receipt of your interest to testify orally at the hearing and provide you with a separate option for a telephone call-in line if you do not have access to a computer or mobile device that can connect to Microsoft Teams.

Written comments are due by May 31, 2024.  The Department encourages electronic submittal of comments. Written comments may be submitted electronically at https://njdepwptest.net/rules/rule-comment-form/.  In the alternative, comments may be submitted on paper to:

Alice A. Previte, Esq.
ATTN: DEP Docket No. 01-24-02

NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402