Packaging, Policy, and Pollution: How Regulation Shapes Litter in NYC

Written By Angus Jackson

By Martin Salazar Schuster

Single-use items and packaging contribute to most of NYC's litter. Policy banning specific pollutants can minimize litter at the source, change the behavior of producers, and decrease environmental load. The impact of packaging policy is incremental but profound when combined with enforcement.

New York State has prohibited expanded polystyrene foam containers and loose fill packaging, or foam peanuts, in most retail and food service businesses. They are prevalent in litter since they are light, break apart easily, and are resistant to biodegradation. The prohibition will decrease the incidence of foam in waterways and neighborhoods.

Single-use plastic bottles are also being targeted for reduction by city policy. NYC government estimates that over 742 million single-use plastic bottles are thrown away annually, nearly 21 million pounds of trash. A plan was launched to curb unnecessary purchases and usage of these plastic bottles by all City agencies and to promote alternatives. Cutting down the use of plastic bottles serves to minimize one of the biggest elements of urban litter and plastic trash. (NYC single-use bottle policy report)

On the consumer and producer level, state lawmakers are pushing forward with the Packaging Reduction and Recycling Infrastructure Act that would compel large producers to cut packaging by 10 percent in three years and 30 percent in twelve years. The bill also requires recycled content requirements for glass, plastic, and paper packaging. The policy aims not just to trim landfill tonnage but to cut municipal expenses and packaging litter.

Circular economy concepts underlie these policy changes. As producers become legally accountable for packaging waste, municipalities are relieved of the expense of collecting, sorting, and disposing of those materials that are dispersed as litter. This reallocation of responsibility can transfer economic and ethical pressure upstream. Critics observe it will necessitate monitoring and compliance capability.

The other applicable regulation is the City's ban on polystyrene under Mayor de Blasio to avoid the use of EPS foam, a significant source of marine and urban litter, in takeout packaging. Foam items are lightweight and easy to notice in piles of street trash and bodies of water, so the ban seeks to limit their numbers.

Compost separation requirement also has implications for packaging: combining organic waste and compostable packaging lowers collection efficiency and can cause overflow litter. Enforcement and policy clarity are essential to policy success. Recent modification to only fine large building repeat offenders demonstrates responsiveness to resident burdens and equity.

Where source materials are controlled, downstream litter (on sidewalks, in gutters, in streets, in waterways) will decrease. Companies that change package design, consumers who choose reusable or compostable options, and city governments implementing bans can all be part of the solution for cleaner streets and smaller contaminants in ocean environments. To be most effective, control of packaging needs to be accompanied by public education and available alternatives.

Sources:

Angus Jackson
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