6249145 Energy and Environment, Department of - Notice of Proposed Rulemaking - Compostable or Recyclable Disposable Food Service Ware  

  • DEPARTMENT OF ENERGY AND ENVIRONMENT

     

    NOTICE OF PROPOSED RULEMAKING

     

    Compostable or Recyclable Disposable Food Service Ware

     

    The Director of the Department of Energy and Environment (DOEE or Department), in accordance with the authority set forth in the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)); the Sustainable DC Omnibus Amendment Act of 2014 (“Act”), effective December 17, 2014 (D.C. Law 20-142; D.C. Official Code §§ 8-1531 et seq. (2016 Supp.)); and Mayor’s Order 2015-069, dated February 4, 2015, hereby gives notice of the intent to adopt the following amendments to Chapter 23 (Expanded Polystyrene Prohibition) of Title 21 (Water and Sanitation) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

     

    This proposed rulemaking implements the Act’s requirement that food service entities only use disposable food service ware that is compostable or recyclable.

     

    Directions for submitting comments may be found at the end of this notice.

     

    Chapter 23, EXPANDED POLYSTYRENE PROHIBITION, of Title 21 DCMR, WATER AND SANITATION, is amended as follows:

     

    Section 2301, EXPANDED POLYSTYRENE PROHIBITION, is amended to read as follows:

     

    2301                EXPANDED POLYSTYRENE PROHIBITION

     

    2301.1             By January 1, 2016, no food service entity shall sell or provide food or beverages in expanded polystyrene food service products, regardless of where the food or beverage will be consumed.

     

    2301.2             This section shall not apply to food or beverages that were filled and sealed in expanded polystyrene containers before a food service entity received them or to materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption.

     

    A new Section 2302, COMPOSTABLE OR RECYCLABLE PRODUCT REQUIREMENT, is added to read as follows:

     

    2302                COMPOSTABLE OR RECYCLABLE PRODUCT REQUIREMENT

     

    2302.1             By January 1, 2017, no food service entity shall sell or provide food or beverages, for consumption on or off premises, in disposable food service ware unless the disposable food service ware is compostable or recyclable.

     

    2302.2             This section shall not apply to prepackaged food or beverages that were filled and sealed outside of the District before a food service entity received them.

     

    Section 2399, DEFINITIONS, Subsection 2399.1, is amended as follows:

     

    By repealing the definition of “Business or institutional cafeteria”;

     

    By repealing the definition of “Food service business” and replacing it as follows:

     

    Food service entity - full service restaurants, limited-service restaurants, fast foods restaurants, cafes, delicatessens, coffee shops, supermarkets, grocery stores, vending trucks or carts, food trucks, cafeterias, including those operated by or on behalf of District departments and agencies, and other entities selling or providing food within the District for consumption on or off the premises. [Statutory]

     

    By adding the following definitions:

     

    Compostable - made solely of materials that break down into, or otherwise become part of, usable compost in a safe and timely manner in an appropriate program and identified on the list of compostable materials authorized in Section 103(b) of the Sustainable Solid Waste Management Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code § 8-1031.03(b)).

     

    Recyclable -  made solely of materials that can be recycled using the District’s recycling collection program and identified on the list of recyclable materials authorized in Section 103(b) of the Sustainable Solid Waste Management Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code § 8-1031.03(b)).

     

    All persons desiring to comment on the proposed regulations should file comments in writing no later than thirty (30) days after the publication of this notice in the D.C. Register. Comments should identify the commenter and be clearly marked “DOEE Foam Proposed Rule Comments.” Comments may be (1) mailed or hand-delivered to DOEE, 1200 First Street NE, 5th Floor, Washington, D.C. 20001, Attention: DOEE Foam Regulations, or (2) sent by e-mail to DOEE.FoamRegulations@dc.gov, with the subject indicated as “DOEE Foam Proposed Rule Comments.”

     

    The proposed rules are available for viewing at: http://doee.dc.gov/foam. Additionally, a copy of these proposed rules will be on file for viewing at the Martin Luther King, Jr. Library, 901 G St., N.W., Washington, D.C. 20001, during normal business hours. A hard copy of the proposed rules can be requested by calling (202) 671-0080.