Guidelines for Annual Reporting of Organohalogen Flame Retardants - December 31st 2022

 

The New York State Department of Environmental Conservation (DEC) has published the final Program Policy: Guidelines for Annual Reporting of Organohalogen Flame Retardants per ECL 37-1009 (DMM-6).

 

Background: In 2021 the Legislature amended Article 37 of the Environmental Conservation Law (ECL) by adding a new Title 10 Regulation of Chemicals in Upholstered Furniture, Mattresses and Electronic Displays. The law prohibits the sale or offering for sale of electronic displays in the state after December 31, 2022, unless the manufacturer has submitted an annual report, in a form determined by the Department, that identifies all organohalogen flame retardants used in the enclosure or stand. 

 

DMM-6 establishes the process by which manufacturers of electronic displays containing organohalogen flame retardant chemicals in the stands or enclosures should submit annual reports to the Department. A manufacturer of an electronic display that does not contain organohalogen flame retardant chemicals in the enclosure or stand does not need to submit a report for that display.  

 

The final Program Policy, including the reporting form, is available on DEC’s website at https://www.dec.ny.gov/chemical/124887.html 

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Toxic Chemicals in Children's Products Law Virtual Public Meeting

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DEC invites stakeholders to attend a virtual public meeting, via WebEx, on the chemicals under consideration for listing as Chemicals of Concern (COCs) and High Priority Chemicals (HPCs) for the Toxic Chemicals in Children's Products (TCCP) program. This virtual public meeting will take place on Tuesday, January 10, 2023, at 10:00 am, Eastern Standard Time (New York) - Register via WebEx here. 

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1,4-Dioxane Law Takes Effect December 31

 

Effective December 31, 2022, personal care and household cleansing products containing 1,4-dioxane in concentrations greater than two parts per million (ppm) cannot be sold or offered for sale in New York State. In addition, cosmetic products containing 1,4-dioxane in concentrations greater than ten ppm cannot be sold or offered for sale in New York State.
 

Waiver Requests
The law allows a manufacturer to apply for a one-year waiver from compliance, up to two times. The DEC Program Policy DMM-21-02 (PDF) sets forth the process for manufacturers to submit a waiver request and clarifies the proof the Department will require to grant a waiver. The Department will respond to applications in a timely manner and will take no longer than six months to approve or deny an application. Additionally, please note that waivers granted on or before December 31, 2022, are effective starting December 31, 2022, until December 30, 2023.
 

Regulations
Regulations to implement the law are forthcoming. The Department is in the process of developing regulations to implement the law limiting 1,4-dioxane in household cleansing, personal care, and cosmetic products and will keep interested stakeholders informed as the rulemaking progresses.
For more information about the 1,4-Dioxane Limits for Household Cleansing, Personal Care, and Cosmetic Products. Submit any questions to 1-4D.HCPCCproducts@dec.ny.gov