SOURCE:
https://www.newsday.com/news/health/dioxane-rules-s5w6jxvk
By Lisa L. Colangelo - September 20, 2024
The state finalized regulations this week to limit a chemical classified as a likely human carcinogen in certain household products sold in New York, making it clear no products will be able to get waivers starting in 2026.
But more than 1,000 products with higher levels of the chemical 1,4-dioxane manufactured by various companies — mostly shampoos, shower gels and body washes — are still allowed to be sold due to waivers issued from the state that expire at the end of the year.
The law signed in 2019 required household cleaning and personal care products to contain no more than 1 part per million of 1,4-dioxane by the end of 2023. The limit on cosmetics of 10 ppm went into effect at the end of 2022.
Discussions over regulations continued through this winter as environmentalists and industry groups weighed in on how to implement the law.
The U.S. Environmental Protection Agency has identified 1,4-dioxane as "likely to be carcinogenic to humans." The chemical is a byproduct in the manufacture of consumer products, as well as a synthetic industrial chemical used in several commercial and industrial processes.
"There is a legacy of contamination on Long Island," said Liz Moran, New York policy advocate for Earthjustice, an environmental law nonprofit group. "These are key regulations to make sure we are not adding 1-4 dioxane to products."
Even though New York has a law that limits the amount of 1,4-dioxane in drinking water, Moran said it’s important to limit the amount of those chemicals in products, before they get into water sources.
The regulations define the products covered by the law, the method of identifying 1,4-dioxane in them and outlining the waiver process.
In order to be considered for a one-year waiver, a company has to show it has taken steps to reduce 1,4-dioxane and is unable to comply. They can apply for one additional waiver if they show proof they have been trying to remove the chemical.
No waivers will be in effect after Dec. 30, 2025.
"We are very excited," said Adrienne Esposito, executive director of Citizens Campaign for the Environment, which conducted their own testing of 1,4-dioxane in laundry detergents and other products and advocated for strict limits.
"This achieves the objective of reducing 1,4-dioxane at the source, which means we spend less money for cleaning it up and the public is more protected," Esposito said.
Major manufacturers of detergents and their ingredient suppliers worked hard to meet the requirements set by the state, according to Brian Sansoni, senior vice president of communications, outreach & membership at the American Cleaning Institute.
"New Yorkers can continue to use these products safely and effectively, just like they have been doing for decades," Sansoni said in a statement. "The American Cleaning Institute has focused on assisting DEC with the implementation of this law in an effective and efficient manner, while affording industry the assurances that their hard work will be recognized by the state."
Dr. Steve Bennett, executive vice president of scientific and regulatory affairs at the Household & Commercial Products Association, another trade group, said while the state did address some of their concerns — such as removing antimicrobial products from the rule — they are not happy with all of the final regulations.
"We requested additional considerations for concentrated products, which reduce packaging use and water transport, to encourage companies to offer more sustainable product options," Bennett said in a statement.
Moran said it is important for the state to monitor chemicals like 1,4-dioxane.
"There are thousands and thousands of chemicals actively used in the market and in manufacturing processes that may be unsafe for public health and we just don’t know," Moran said. "They are not regulated or being tested for."
