Provides for trichloroethylene (TCE) exposure prevention

Section 2 amends section 3-0301 of the ECL to specify that indoor air is included in the media that the Department of Environmental Conservation must consider in its regulatory duties, and directs the department to consider any regulatory levels set by DOH above;

Section 3 amends section 27-2403 of the ECL to specify that notification of contaminated sites must also include any such contaminants and levels set in section 1 above.

Justification

Triclaloroethylene (TCE) is a metal degreaser and ingredient in paint removers and adhesives. Waste from use and improper disposal of chemicals containing TCE is widespread in soil and water. TCE is one of the most common chemicals of concern at vapor intrusion sites, since it is highly volatile and associated with serious negative health impacts, such as cancer, organ damage, and/or birth defects. Vapor intrusion occurs when toxic volatile chemicals, such as TCE, vaporize and rise from contaminated soil and groundwater through cracks, gaps or pores.

Policies to address vapor intrusion are still in the development stage. The New York State Department of Environmental Conservation (DEC) and Department of Health (DOH), as well as the United States Environmental Protection Agency (EPA), have issued draft guidance on the evaluation of vapor intrusion and contaminated sites, but none has been finalized. In October of 2003, DOH established an air guideline for TCE of 5.0 mcg/m3. In developing its guideline for TCE, DOH made a number of choices that resulted in a less protective standard, two orders of magnitude higher than the most protective risk based concentrations for TCE developed by California, Colorado, New Jersey and several regional EPA offices, which range from 0.016 to 0.02 mcg/m3 and are based on the most conservative assumptions about TCE toxicity presented in a 2001 draft assessment issued by EPA. In August 2005, DOH issued a draft "Trichloroethylene Air Criteria Document," which provides background information on how the guideline was derived. Later that month, DOH convened a Peer Review Panel to review the Criteria Document. While the Panel generally praised DOH staff for presenting a thorough review of the scientific literature, it made a number of recommendations t hat, if adopted, would extend the lower end of the range of scientifically supported potential guideline values.

One of the recommendations issued by the Panel is that DOH should revise its current indoor air guidelines for TCE. In the face of uncertainty regarding the threat of harm to human health posed by vapor intrusion, DOH should err on the side of caution and adopt a guideline for TCE similar to those developed by a number of other state and regional offices. This legislation would require the Department of Health to prescribe a maximum indoor air contaminant level for trichloroethylene, based on the most protective underlying assumptions and cancer potency factor. Further, the level developed shall not exceed an excess cancer risk of one in one-million for carcinogenic end points and a hazard index of one for non-cancer end points, in order to minimize health risks associated to exposure to this harmful chemical.

Prior legislative history

A11659 - 2007-08

Fiscal implications

None.

Effective date

This act shall take effect immediately.