G/TBT/N/USA/2084  
4 January 2024  
(24-0042) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
New York  
2. Agency responsible:   
New York State Department of Environmental Conservation (NYS DEC) [2116]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding t he notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [X], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Dioxane 
limits; Environmental protection (ICS code(s): 13.020); Production in the chemical 
industry (ICS code(s): 71.020); Products of the chemical industry (ICS code(s): 71.100)  
5. Title, number of pages and language(s) of the notified document:  Subpart 352 -1 
1,4 Dioxane Limits for Household Cleansi ng, Personal Care, and Cosmetic Products; (56 
page(s), in English)  
6. Description of content:  Proposed rule - Notice is hereby given that the New York State 
Department of Environmental Conservation (NYS DEC) filed a Notice of Proposed 
Rulemaking with the New York Department of State. This rulemaking will implement the 
amendments to Article 35  and Article 37  of the Environmental Conservation Law (ECL), 
adopted in 2019, which establish limits on the amount of 1,4 -dioxane that can be present 
in household cleansing, personal care, and cosmetic products sold in the State. A public 
comment hearing for the proposed rule will be held before an Administrative Law Judge 
(ALJ) electronically via the Webex Events platform as follows. The electronic format is 
reasonably accessible to persons with impaired mobility Tue sday, 6 February 2024, 1:00 
p.m. Eastern Time ; Persons wishing to comment on the proposed rule will have the 
opportunity to make a statement at the public comment hearing webinar. Any person 
wishing to provide a public statement must register in advance of the hearing no later 
than 1:00 p.m.  Eastern Time  on 5 February 2024. Any person who wishes only to observe 
the webinar online must also register. Any person may listen to the hearing by phone 
without pre -registration.  
Instructions on how to "join" the hearing webinar a nd provide an oral statement will be 
published on the Department's proposed regulations webpage for 6 NYCRR Subpart 352 -
1 by 6 December 2023. The proposed regulations webpage for 6 NYCRR 352 -1 may be 
accessed at: https://www.dec.ny.gov/regulations/propregulations.html  or 
https://www.dec.ny.gov/chemical/121658.html . G/TBT/N/USA/2084  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection; Protection of the 
environment  
8. Relevant documents:   
New York State Register 6 December 2023 available through Westlaw:  
https://govt.westlaw.com/nyreg/Document/I298c0b38941211ee8957e1090967cec6?vie
wType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&c
ontextData=(sc.Default)  
Solid Waste Management Regulatory Revisions - Proposed Regulations Available for Public 
Comment: https://w ww.dec.ny.gov/regulatory/proposed -emergency -recently -adopted -
regulations/materials -management -revisions/solid -waste -management  
Additional information for 1,4-Dioxane Limits For Household Cleansing, Personal Care, 
And Cosmetic Products  
WTO Members and their stakeholders are asked to submit comments to the USA TBT 
Enquiry Point . Comments received by the USA TBT Enquiry Point from WTO Members and 
their stakeholders by 4pm Eastern Time  on 12 February 2024 will be shared with the NYS 
DEC if received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  12 February 2024  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2024/TBT/USA/24_0004 1_00_e.pdf