Provides for trichloroethylene (TCE) exposure prevention

Summary of specific provisions

Section 1 of this legislation adds a new Title 12-B to Article 13 of the Public Health Law to 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, in order to minimize health risks associated to exposure to trichloroethylene;

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;

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

According to the NYS Department of Health, Trichloroethylene is a manufactured, volatile organic chemical. It has been used as a solvent to remove grease from metal. TCE has also been used as a paint stripper, adhesive solvent, as an ingredient in paints and varnishes, and in the manufacture of other organic chemicals. While the EPA points out that the majority of TCE use is in commercial or manufacturing facilities, products containing TCE can also be purchased by consumers through household products, like glues, adhesives, paint removers, spot removers, rug cleaning fluids, paints, and metal cleaners.

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 as a 2011 New York Times article stated, has also been linked to increased risks for kidney cancer and bladder cancer and has been tied to Parkinson's disease. The EPA reports that other health effects include potential impact on the developing fetus, irritation of the respiratory system, irritation of the skin, and effects on the central nervous system such as light-headedness, drowsiness, and headaches.

Vapor intrusion occurs when toxic volatile chemicals, such as TCE, vaporize and rise from contaminated soil and groundwater through cracks, gaps or pores.

The seriousness of TCE contamination was made evident in 2011 when the Bronx New School in New York City was closed because of unsafe levels of TCE. The building had been a factory for decades before it transitioned into a school. In 2013, DOH concluded that the air containing TCE posed a low increase risk for cancer for the children and staff and a moderate risk for developmental toxicity for children born to staff who were pregnant while working at the school.

The DOH established air guideline for TCE is 5.0 mcg/m3. When developing its guideline for TCE in 2003, 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.

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 TCE, 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

2013-2014: S164/A3595 - REFERRED TO HEALTH/advanced to third reading 2011-2012: S2025/A3121 - REFERRED TO HEALTH/advanced to third reading 2009-2010: S5278/A2267 - REFERRED TO HEALTH/advanced to third reading 2008: S8724 (Hannon)/A11659 - REFERRED TO RULES/reported referred to codes

Fiscal implications

None.

Effective date

This act shall take effect immediately.