[CPEO-BIF] Report on the Albany Vapor Intrusion Activists' Meeting

[Lenny Siegel <lennysiegel@gmail.com>]

[To download a 332KB PDF version of this report, go to
http://www.cpeo.org/pubs/AlbanyVI.pdf.]


Report on the Albany Vapor Intrusion Activists' Meeting

Lenny Siegel
Center for Public Environmental Oversight
November, 2007


On November 20, 2007 twenty-five people took part in the Vapor Intrusion 
Activists' Meeting at the Legislative Office Building in Albany, New 
York. Participants represented ten New York communities, two 
out-of-state communities, environmental non-profit organizations, and 
legislative staff. In addition to reports from participating 
communities, there were presentations from U.S. EPA's TAGA (Trace 
Atmospheric Gas Analyzer) program and the National Disease Clusters 
Alliance. The event was convened by the Center for Public Environmental 
Oversight and Hopewell Junction Citizens for Clean Water & Clean Air.

Those present seemed genuinely excited to meet and talk with people in 
similar circumstances, and they marveled at how similar their 
circumstances are. They share a common outrage. For most of them, some 
industry has released seriously toxic substances that has intruded into 
their homes or schools. Furthermore, despite New York's reputation as 
one of the leading states in investigating and responding to vapor 
intrusion, most had complaints and/or suggestions for improvement.

****

A participant from Hillcrest called for broader application of the 
"blanket" approach, which his community fought for successfully. Under 
this scenario, homes amidst others requiring mitigation are 
automatically offered mitigation, primarily subslab depressurization 
systems.

A resident of Ft. Edward explained how the TCE plume emanating from 
General Electric's plant had made homes - some with subslab systems, 
more without them - unmarketable. Despite the loss in value, assessments 
(for tax assessments) had risen. He said that air samples taken in the 
spring - not the winter, as recommended in state guidance - were being 
used to declare homes safe.

An attorney from New York Lawyers for the Public Interest described how 
in New York City the School Construction Authority is exempt from 
environmental assessment requirements when it leases, rather than 
acquires, property for school construction. He also said long-term 
oversight of buildings with residual soil, groundwater, or vapor 
contamination is essential for protecting public health.

A representative of the New York Public Interest Research Group reported 
that the organization had submitted comments on the regulations 
implementing the state's 2003 Brownfields law. It argued for strong soil 
standards to protect against vapor intrusion.

Participants from Hopewell Junction discussed the need for laws 
mandating private well testing, a key tool in identifying potential 
vapor intrusion sites. They also explained that New York's real estate 
disclosure law is weak, requiring sellers only to pay a $500 penalty if 
they choose not to notify buyers of environmental hazards such as vapor 
intrusion.

An activist from Providence, Rhode Island suggested that the Gorham 
Silver site, where a high school was recently constructed, should be on 
the "Superfund" National Priorities List. He asserted that activists 
need to acquire a grasp of science to be effective.

A participant from Victor re-raised the question of property values, 
reporting on his Small Claims Assessment Review. He offered several 
recommendations, including private well testing during real estate 
transactions. He said mitigation is just a band-aid, and expressed 
concern about the cluster of three glioblastoma cases in the small area 
above the trichloroethylene plume emanating from a local gravel pit.

Participants from Ithaca's South Hill neighborhood described how 
pump-and-treat is not pulling contamination from the fractured bedrock 
under their homes. One said the New York Department of Environmental 
Conservation is taking monthly samples of indoor air and soil gas under 
his home as part of a scientific study.

A New York City schoolteacher described contamination in his former 
classroom. He called for the better protection of people within existing 
schools, including evacuation when necessary.

Two participants from Middleport described pesticide and volatile 
organic compound (VOC) contamination from the FMC plant there. The 
company sold the  school district property for $1 in 1946, on the 
condition that no claims ever be made. The community is divided, with 
some, such as real estate agents, reluctant to recognize environmental 
problems.

I described four VOC plumes in Mountain View, California, where I live. 
I reported that our community is pushing for faster, more complete 
remediation of the groundwater that is a current and potential source of 
vapor intrusion.

****

Overall, we found that there were several common concerns among the 
represented communities. The group decided to form a statewide alliance 
to influence New York and perhaps federal policy. Though conference 
calls and e-mail exchanges, members plan to develop more specific 
recommendations and establish common priorities.

Issues to be addressed include:

* Real-time sampling
* Indoor air sampling requirements for schools
* More protective action levels for trichloroethylene and perchloroethylene
* Expanded use of the blanket approach
* Multi-site health studies, with public oversight
* Protecting property values and reducing unrealistically high assessments
* Ensuring long-term management - notification, operation, inspection, 
enforcement, funding, etc.
* Worker exposure

It was refreshing, at this meeting, to discuss vapor intrusion with 
people who are directly affected by this as well as other exposure 
pathways. People talked about "my basement," "my closet," and "my 
classroom." A growing group of activists is emerging; people are 
learning about vapor intrusion because they need to. It's my hope to 
create more opportunities for them to meet and work together, not just 
in New York state, but across the country, and to add their voices to 
those of the regulators, responsible parties, and consultants who often 
gather at workshops and conferences addressing the investigation, 
mitigation, and remediation of vapor intrusion.

-- 


Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org



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