BILL NUMBER:  S495

 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;

              

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.