Last year on March 23, the NJ Department of Environmental Protection (DEP) filed suit against several chemical companies in the state due to contamination from the persistent toxic compound 1,4-Dioxane. The lawsuit claims these companies knowingly and willfully contaminated the natural resources of the state, including the soil and the drinking water. The lawsuit alleges the companies mishandled the chemical and that hundreds of industrial facilities and landfills across the state now show evidence of 1,4-Dioxane contamination, with a particularly high burden on environmental justice communities, which tend to be overburdened with pollution. The DEP is seeking civil penalties, environmental damages, and more.
1,4-Dioxane is a synthetic chemical that causes eye, throat, and nose irritation. Very heavy exposure can cause kidney and liver damage and even death. Long-term exposure may increase the risk of cancer. As 1,4-Dioxane is typically found in consumer products such as shampoo and laundry detergent, it can easily enter the environment through waste discharge. The compound does not break down easily and may remain in groundwater or waterways for an extended period of time. As 3 million out of the 8.9 million people living in New Jersey rely on public water supplies that draw from groundwater, the DEP has implemented a maximum 1,4-Dioxane ground water quality standard of 0.4 µg/L (micrograms per liter).
Besides groundwater regulation, the state has made little progress on regulating 1,4-Dioxane in drinking water or in household products. States including New York have restricted the presence of the compound in cosmetics. However, the problem is more widespread: 1,4-Dioxane lurks among the ingredients in many household products. The lawsuit may be a sign of increased vigilance by New Jersey to address 1,4-Dioxane contamination and the arrival of justice in communities under siege from toxic compounds.
Overburdened communities are characterized as low-income areas facing disproportionate levels of environmental hazards. More often than not, industrial facilities are placed near these communities, worsening the health hazards. 1,4-Dioxane is a perfect example. The compound has leached out from industrial facilities into local waterways, affecting a large portion of the state, notably underserved and overburdened communities. Especially due to economic constraints, access to clean water is a continual struggle in overburdened communities; and, as with per- and polyfluoroalkyl substances (PFAS), removing the compound from waterways will be a challenge. The DEP lawsuit is a step in the right direction.
Seeking compensation for damages shows the state’s focus on environmental justice—establishing equity in marginalized areas in response to environmental hazards. By addressing the root of the contamination, the state is taking a step toward ensuring all communities in New Jersey are safe from 1,4-Dioxane.