senate Bill S164

Provides for trichloroethylene (TCE) exposure prevention

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

Provides for trichloroethylene (TCE) exposure prevention; directs the department of health to 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.

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Bill Details

See Assembly Version of this Bill:
A3595
Versions:
S164
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 13 Title 12-B §1389-f, Pub Health L; amd §§3-0301 & 27-2403, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2025, A3121
2009-2010: S5278, A2267
2007-2008: S8724, A11659

Sponsor Memo

BILL NUMBER:S164

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;

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 that, 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:
2012: Referred to Health
2009-10: S.5278/A.2267
2007-08: A.11659

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   164

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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  ASSEM-
BLY, 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).
  S 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 ASSUMP-
TIONS 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.
  S  2.  Paragraph  i of subdivision 1 of section 3-0301 of the environ-
mental 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 ESTABLISH-
ING 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.
                                                           LBD00259-01-3

S. 164                              2

  S 3. Subdivision 1 of section 27-2403 of the  environmental  conserva-
tion  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 arti-
cle 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.
  S 4. This act shall take effect immediately.

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