ISSA Alert June 27, 2019

The New York legislature passed S. 4389B just before its session came to a close last week. The bill would effectively ban 1,4-Dioxane, a manufacturing byproduct found in some consumer and institutional cleaning products. The bill now goes to Governor Andrew Cuomo, who has not yet said what action he will take on the bill.

If Gov. Cuomo signs S. 4389B or allows it to become law, it would prohibit any amount of 1,4-Dioxane above 2 parts per million (ppm) by the end of 2022, and above one part per million (ppm) by the end of 2023. Gov. Cuomo could also veto the bill ultimately killing the proposal until next year.

In response to its passage John Nothdurft, ISSA Director of Government Relations, said:

“Gov. Cuomo should consider the greater public health and hygiene risk posed by the forced reformulation or possible elimination of 1,4-Dioxane-containing cleaning products. Products that are currently safe and effective may see those attributes undermined as manufacturers scramble to meet the unattainable standard without sacrificing product efficacy.”

“This could lead to the use of a more hazardous alternative, the elimination of a product altogether, the increased use of water resources, or, at minimum, increased costs with very little benefit to the public. We urge Gov. Cuomo to veto the bill so that industry, public health advocates, and policymakers can come up with a more workable and effective solution to the issue.”

California is also looking at reducing limits on 1,4-Dioxane. The state’s Safer Consumer Products Program, which became effective October 2013, identifies products that have “chemicals of concern,” and lists them as “Priority Products.” The California Department of Toxic Substances Control (DYSC)’s discussions about cleaning products with 1,4-Dioxane are currently underway and seeking public comment.

The public comment period is open until August 22. To submit written comments and information, please visit DTSC’s CalSAFER portal.

There will also be two public meetings to receive public input:

• June 28 in Whittier, Calif. at the Los Angeles County Sanitation Districts’ Joint Administration Office a discussion will be held on the adverse impacts of 1,4-Dioxane on consumers and on how its removal will affect stakeholders.
• August 21 in Sacramento at the CalEPA Headquarters building a meeting on 1,4-Dioxane will include a panel discussion as well as a time for public comment.

Additional information, including meeting registration, will be available on the DTSC’s Workshops and Events Webpage. The DTSC will consider written comments and information submitted during the public comment period, as well as verbal input at the public meetings as it continues to refine its research on 1,4-Dioxane.

ISSA will continue to monitor and comment on these issues affecting our members. For additional information, or questions regarding 1,4-Dioxane or ISSA’s advocacy efforts, please contact ISSA Director of Government Affairs John Nothdurft at [email protected].