What's happening
This bill sets strict indoor air safety standards for trichloroethylene (TCE) exposure and requires their use in remediation and reporting.
Why it matters
Establishes some of the nation’s strictest indoor air safety limits for TCE. , requiring that risk assessments use the most protective scientific assumptions, capping excess cancer risk at no more than one in a million—this could drive more aggressive remediation and cleanup requirements in homes, schools, and workplaces.
Forces all state environmental programs to use these higher standards. for indoor air when monitoring, reporting, or regulating hazardous chemicals like TCE, preventing less-protective standards and ensuring uniformity across agencies and cleanup sites.
Mandates that property owners receive timely, transparent notification. if TCE is found on their property, with results required to be shared within 30 days of test validation, empowering residents to take action and reducing the risk of undisclosed contamination.
Potentially increases the number and scope of sites requiring remediation and ongoing monitoring. , since the new thresholds are tighter and based on minimizing both cancer and non-cancer health risks, which could have significant cost and compliance impacts for businesses, landlords, and public agencies.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Limit TCE Indoor Air Pollution
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit TCE Air Pollution
In Assembly Committee · Codes · Sponsor Donna Lupardo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
495
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. SQUADRON, HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law and the environmental conservation law, in relation to trichloroethylene (TCE) exposure prevention
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 13 of the public health law is amended by adding a new title 12-B to read as follows:
Title 12-B - TRICHLOROETHYLENE EXPOSURE PREVENTION Section 1389-f. Maximum contaminant levels for trichloroethylene (TCE).
§ 1389-f. Maximum contaminant levels for trichloroethylene (TCE). The department shall prescribe a maximum indoor air contaminant level for trichloroethylene, for such standard, the targeted risk of residual contamination shall be based on the most protective underlying assumptions and cancer potency factor and 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 trichloroethylene.
§ 2. Paragraph i of subdivision 1 of section 3-0301 of the environmental conservation law, as amended by chapter 654 of the laws of 2005, is amended to read as follows:
i. Provide for prevention and abatement of all water, land and air pollution, including indoor air, and including, but not limited to, that related to hazardous substances, particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids. In establishing remediation standards and action levels for indoor air, levels utilized by the department in any programs where levels of hazardous chemicals are regulated, monitored, or reported shall be at least as stringent as those set in section thirteen hundred eighty-nine-f of the public health law for any contaminant listed therein;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02177-01-7
S. 495 2
§ 3. Subdivision 1 of section 27-2403 of the environmental conservation law, as added by chapter 707 of the laws of 2006, is amended to read as follows:
1. (a) A person identified as a responsible party pursuant to title thirteen of this article or a participant as defined in paragraph (a) of subdivision one of section 27-1405 of this article shall provide within thirty days of validation of any test undertaken pursuant to this article or article twelve of the navigation law the results of any such test to any identifiable owner of real property that has been tested. In the event that such a test is undertaken by the department, the department shall provide, within thirty days of validation of such test, the results of such test to any identifiable owner of real property that has been tested.
(b) Any maximum contaminant level set by the department of health pursuant to section thirteen hundred eighty-nine-f of the public health law shall be utilized in determining the applicability of this section for any contaminant listed therein.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law and the environmental conservation law, in relation to trichloroethylene (TCE) exposure prevention
Purpose or general idea of bill
To protect individuals from potentially harmful health risks associated with exposure to trichloroethylene (TCE).
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;
Read the full memo (694 words)
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
2016: S2282/A3236 - REFERRED TO HEALTH/referred to codes 2015: S2282/A3236 - REFERRED TO HEALTH/advanced to third reading 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.