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.
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(DEC) and Department of Health (DOH), as well as the United States Environmental Protection Agency (EPA), have issued draft guidance on the evaluation of vapor intrusion and contaminated sites, but none has been finalized.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.
STATE OF NEW YORK ________________________________________________________________________ 164 2013-2014 Regular Sessions IN SENATE (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.