DEC adopts final rules limiting 1,4 dioxane in consumer products

SOURCE:

https://riverheadlocal.com/2024/10/04/dec-adopts-final-rules-limiting-14-dioxane-in-consumer-products/

By Denise Civiletti - October 4, 2024

Regulations limiting the amount of the toxic chemical 1,4-dioxane in consumer products in New York State were adopted in final form by the State Department of Environmental Conservation last month.

The new regulations implement the state law enacted in 2019 that limits the presence of 1,4-dioxane in household cleaning, personal care and cosmetic products. The law, which went into effect in December 2022, set limits of 10 parts per million in cosmetic products and 1 part per million in household cleaning and personal care products. It was the first of its kind in the nation.

1,4-dioxane is a synthetic industrial chemical commonly associated with chlorinated solvents and was widely used as a chemical stabilizer in other formulations, according to the State DEC. It is also a byproduct or contaminant in consumer products such as laundry detergent and shampoo. 

The chemical has been found in groundwater at sites throughout the U.S., particularly in Long Island’s sole source aquifer and in association with legacy industrial and hazardous waste sites, the DEC said. 

The Yale Superfund Research Center launched a study on Long Island last year to determine the health effects of the chemical 1,4 dioxane. The study planned to analyze drinking water and blood samples to understand the exposure levels of 1,4 dioxane in Long Islanders and to better understand how to protect public health.

Exposure to high amounts of the chemical can cause eye, nose, and throat irritation, as well as liver and kidney lesions, according to the Centers for Disease Control and Prevention

The law allows the Department of Environmental Conservation to grant a one-year waiver to manufacturers, allowing them to postpone compliance with the new standards. The manufacturer must submit proof to the DEC that it has taken steps to reduce the presence of 1,4 dioxane in its product. A manufacturer can obtain the one-year waiver two times.

The list of current waivers can be downloaded here. The list is updated monthly, according to the DEC and can be downloaded at the DEC’s website here.

The regulations adopted in final form last month will bolster the state’s enforcement efforts by defining the scope of covered products, establishing a standardized method of quantifying the 1,4-dioxane in covered products, and clarifying the process manufacturers must follow to receive waivers, the DEC said in a press release. 

“The regulations finalized today will enable DEC to fully implement the nation-leading law in place that helps prevent everyday household products from containing 1,4-dioxane for the benefit of the environment and our communities,” DEC Interim Commissioner Sean Mahar said in the press release. 

“This is a terrific success story and we are thrilled that New York’s law limiting 1,4-dioxane in consumer products is working and the NYSDEC’s newly adopted regulations further protects our drinking water and health from this hidden carcinogen,” Citizens Campaign for the Environment Executive Director Adrienne Esposito said. 

“No longer are we washing our clothes, hair, bodies, and babies with high levels of this toxin,” Esposito said. 

“Manufacturers have the ability to remove 1,4-dioxane from their products and the newly adopted regulations provide additional clarity, ensuring products are in compliance with the law,” she said.

DEC held a hearing to gather stakeholder input on the proposed rulemaking in February 2024, and accepted written comments and stakeholder feedback before finalizing the regulation. The final regulation and additional information are available on the DEC website