It will soon be illegal in New York state to sell household cleaning products with 1,4-dioxane or cosmetic and personal care products with more than 2 parts per million of the chemical.

On the final day of the legislative session, the state Assembly passed A. 6295A/S.4398B. The law takes effect Jan. 1, 2022.

The bill’s legislative justification states the federal Environmental Protection Agency identifies 1,4-dioxane as a “likely carcinogen to humans” that can be found in many consumer products, where it is typically formed as a contaminant during the manufacturing process of cosmetics, detergents, deodorants and shampoos.

Once used by consumers and washed down the drain, it enters local water systems. Elevated levels of 1,4Dioxane have been found in municipalities across the State, with EPA data showing that Long Island has the highest levels detected in the entire country. On Long Island, 33 of 36 public water systems reported 1,4-Dioxane contamination, and one source in Hicksville reported levels as high as 33 micrograms per liter.

“This piece of legislation is very necessary,” said Assemblyman Michael Montesano, R-Glens Head. “We’re having such a problem with this additive 1-4 dioxane in our water supplies and the standards that are going into effect are creating havoc, at least in Nassau County and some places in Suffolk County where the readings are high.”

“I have one water district within my Assembly district, they need $50 million to put in the equipment that will remove this 1-4 dioxane from 10 water wells that we have. I have an adjoining water district with a similar amount of money they’re going to need. They’ll have to float some bonds, they’ll see increases in water rates and the taxes and things of that nature.”

Assemblyman Joe Giglio, R-Gowanda, voted in favor of the legislation when it appeared before the Codes Committee on April 9. Assemblyman Andrew Goodell, R-Jamestown, voted in favor of the bill on the Assembly floor. It was approved 142-0 by the Assembly and 62-0 by the state Senate.

Goodell said 1,4-dioxane is a chemical that isn’t intentionally added to products, but is the byproduct of the manufacturing process that can be removed through a vacuum stripping process. An original version of the bill banned all 1,4-dioxane, but the bill’s sponsor agreed to allow trace amounts on the request of industry representatives.

“I wanted to commend the sponsor, my colleague and chair of the Environmental Committee, because the amended version that we’re considering now was amended to recognize that you can have very small trace amounts, less than 10 parts per million, without really any serious risk and that was a recommendation that came from the industry,” Goodell said. Reflecting that amendment, which I thought was a thoughtful amendment, I will not be opposing this bill. I just wanted to point out to my colleagues that that amendment had occurred.”

By May 1, 2025, and every two years after, the state DEC will review trace concentration levels and determine if the concentration amount should be lowered to protect people’s health and the environment. Manufacturers can apply for a one-year waiver from the requirements if they can prove steps have been taken to reduce the presence of 1,4-dioxane in their products and can’t comply with the law.

Companies could face a civil fine not to exceed $1,000 for each day they’re in violation of the law. A second violation increases the penalty to $2,500 for each day the company is in violation.

Montesano said the state Legislature may have to revisit the 1,4-dioxane legislation if more manufacturers don’t begin taking steps to curb the chemical’s inclusion in the state’s water supplies.

“It just amazes me that the industry, the manufacturing industry, knows this and refuses to discontinue putting this byproduct, not removing it from the manufacturing line,” he said. “It happens to be a byproduct of whatever they manufacture, it’s also in the soaps we use, shampoos we use and household cleaning products, but what’s interesting is there are products in the supermarket that go under those “Green” labels, these organic friendly labels, that have these items removed from it already. So why can’t the mainstream manufacturers of our products do the same things and follow suit and remove this harmful chemical from the manufacturing process and not continue to do this. I think they need to become responsible not only on the environmental issue but the health issue. But if they continue to intentionally do this then we might have to look at legislation to hold them financially responsible for the damages that water districts are incurring and subsequently the taxpayers are incurring to remedy this situation.”

Goodell expressed his concern, too, that legislators are making determinations on chemicals that some legislators can’t pronounce correctly and likely don’t understand fully.

“I would express my concern that we have environmental scientists working for us in the Department of Environmental Conservation and in the U.S. EPA and all of us, late at night after no sleep, after an intensive week, are being asked to make legislative determinations over chemicals that we’ve never heard of until it was put on our board here,” Goodell said. “I think overall that decision is best left to scientific experts who study these subjects and can correctly pronounce the names of these chemicals.”