[CPEO-BIF] NY Assembly committee issues vapor intrusion report

[Lenny Siegel <lsiegel@cpeo.org>]

FOR RELEASE: Immediately
March 15, 2005 	CONTACT:
Assemblyman DiNapoli (518)455-5192
Assemblywoman Lifton (518)455-5444
Assemblywoman Lupardo (518)455-5431

Members of the Assembly Environmental Committee to DEC & DOH:
Protect New Yorkers with Stricter Vapor Intrusion Policy

Calling vapor intrusion - the contamination of indoor air by volatile 
chemicals from polluted soil and groundwater - one of the most 
significant emerging environmental issues, Assemblyman Thomas P. 
DiNapoli (D-Great Neck) today released a report from a public hearing on 
the issue, and called on the Department of Environmental Conservation 
(DEC) to develop a comprehensive policy for addressing vapor intrusion 
in New York State.

DiNapoli, Chairman of the Assembly Environmental Conservation Committee, 
held the hearing in Endicott (Broome County), where the Committee 
received testimony from government officials, public health and 
environmental experts and citizens representing affected communities.

"Vapor intrusion occurs when contaminants vaporize and rise up through 
the foundations of homes and other buildings," DiNapoli said. "We know 
that vapor intrusion has occurred at several Superfund sites throughout 
New York and will potentially surface as a problem at brownfield sites 
as well."

While DEC, the State Department of Health (DOH), and the United States 
Environmental Protection Agency (EPA) have all issued draft guidelines 
pertaining to various aspects of vapor intrusion, no guidelines have 
been finalized.

Assemblymember Donna Lupardo (D-Binghamton), whose district includes the 
Village of Endicott, stated "The promulgation of the TCE guideline has 
resulted in the inconsistent treatment of homes in Endicott. Before 
October 2003 vent systems were installed in homes where TCE was detected 
at levels above 0.22 mcg/m3. However, under the new guideline, homes 
tested after October 2003 only qualified for vent systems if TCE is 
detected at levels above the 5 mcg/m3 threshold. This has led to 
confusion and frustration for those living in the community."

"Vapor intrusion poses serious challenges for sound public policy 
making. New Yorkers need clear health and environmental standards for 
indoor air pollution, particularly TCE, the most common chemical found 
at contaminated sites," DiNapoli said. "Our most important 
recommendation is that DOH should revise its guideline for TCE to 
reflect the most conservative assumptions about toxicity and exposure. 
If there is uncertainty, then DOH and DEC should err on the side of 
protection."

Taking a precautionary approach requires that where threats of harm to 
human health or the environment exist, lack of full scientific certainty 
about cause and effect should not be viewed as sufficient reason for 
government to postpone precautionary measures to protect public health 
and the environment.

Other recommendations of DiNapoli’s committee include:

    * Upon request, DEC and DOH should test the indoor air of any 
resident living near a contaminated site with a potential for vapor 
intrusion, but outside the perimeter of the current testing area.
    * Once direct exposures have been mitigated, sources of vapor 
intrusion, i.e. soil and groundwater contamination, should be cleaned up 
as quickly and aggressively as possible.
    * DEC should take steps to protect ambient air quality at vapor 
intrusion sites, including the adoption of requirements that would limit 
the emission of contaminants from indoor air mitigation systems.

Assemblywoman Barbara Lifton, (D-Ithaca), whose district includes sites 
with vapor intrusion problems, stated "Government must provide citizens 
with complete and accurate information on the potential health and 
environmental impacts associated with vapor intrusion. The process must 
provide citizens with opportunities for meaningful participation."

"We held this first hearing - and we will hold more throughout the State 
- to learn from past experience and to ensure that New York State takes 
a protective approach to addressing the issue of vapor intrusion. We 
must use the knowledge we have today to eliminate exposures from vapor 
intrusion," DiNapoli concluded.


***

To download the report, go to
http://assembly.state.ny.us/comm/Encon/20050302/
--
Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
http://www.cpeo.org


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