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Thursday February 2, 2006
NEWS
Toughen TCE limits, report says
Assembly panel wants more done about vapor intrusion

ASSEMBLY REPORT: TELL TENANTS ABOUT TOXIC EXPOSURE

Landlords of buildings affected by vapor intrusion should be required to sample and clean properties and show test results to tenants, according to the report from the state assembly's Committee On Environmental Conservation being issued today.

Donna Lupardo, D-Endwell, said she is introducing legislation that would require landlords to comply with the recommendation.

While homebuyers must be informed of certain environmental threats, the same does not apply to renters. An investigation by the Press & Sun-Bulletin, published Oct. 30, found more than 50 renters living in apartment buildings in a polluted section of Endicott without systems to prevent vapor intrusion.

A similar problem existed in Ithaca, Lupardo said.

By Tom Wilber
Press & Sun-Bulletin

Vapor intrusion — a type of pollution affecting hundreds of properties in the Southern Tier — has the potential to cause serious illnesses, and the state isn't doing enough to protect people, according to a comprehensive evaluation to be released today by the state Assembly's Committee on Environmental Conservation.

The 132-page report, which summarizes information from public hearings held throughout the state last year, recommends the state Department of Health develop a guideline that limits exposure to trichloroethylene (TCE) vapors to 0.02 micrograms per cubic meter of air — 250 times lower than the current guideline of 5 micrograms.

The report also cites inconsistencies and "lack of transparency" in the health department's decision-making regarding what properties need to be cleaned and at what levels. It recommends properties near contaminated sites be tested when residents or occupants request, and more aggressive and comprehensive testing and cleanup measures.

Vapor intrusion, a process by which subterranean chemical plumes push into basements and circulate through buildings, has been especially relevant to the Southern Tier. The area's extensive industrial legacy, poor waste disposal practices and porous geology along densely developed river valleys have contributed to the problem. It has affected hundreds of homes in Endicott, Hillcrest, Vestal and Norwich, where cleanups are being funded by industry and taxpayers.

"Vapor intrusion is one of the most significant health threats for people who live near contaminated sites around the state," said Assemblywoman Donna Lupardo, D-Endwell, a member of the committee.

Assemblyman Thomas DiNapoli, chairman of the committee, characterized the report as "a constructive tool" for the state DOH and the Department of Environmental Conservation in dealing with the problem, which is being discovered at a rapidly growing number of sites throughout the state and country. It may also be used as a foundation for legislation, said DiNapoli, D-Great Neck.

The report, based on testimony from scientific experts, environmental advocates, industry representatives and state health and environmental officials, also states:

•TCE, a solvent common to vapor intrusion sites, can easily enter cells and cause genetic mutations that lead to disease, including cancer and birth defects.

•Newborns and children, who breath two and a half times more air than adults, are especially vulnerable to TCE vapors.

•Science is limited in its ability to precisely determine how much chemical exposure affects human health.

•Epidemiologic studies are prone to show false negatives — a failure to detect a significant or unusual rate of disease that exists in a given population. But they are not very prone to show false positives — an erroneous suggestion that a problem exists where there is none. This is significant because several such studies have determined significantly elevated levels of cancers in Southern Tier communities, including childhood cancer clusters in Hillcrest and the Town of Union in the 1990s and elevated rates of testicular and kidney cancers in a polluted section of Endicott in the 1980s and 1990s.

Local advocates said they were happy but not surprised by the report or the recommendations.

"I feel validated," said Bernadette Patrick, an Endicott resident who once lived near a plume of solvents linked to the former IBM microelectronics plant on North Street. "Why it is taking so long really bothers me. The standard should have been lowered a long time ago. The people who live in the filth need to be listened to."

Bruce Oldfield, a Hillcrest resident, said it was a step in the right direction that has been long in coming.

"The Department of Health has really dragged this out," he said. "My hope would be that it would revise state standards to be more protective."

The problem was first discovered in 2003, when scientists found TCE vapors moving under Endicott for decades were penetrating homes, contrary to earlier scientific understanding of the chemical. IBM has since installed vents to divert chemicals from more than 430 properties.

"I can't tell you how significant what happened in Endicott has been to bringing this to light for people throughout the state," Lupardo said.

Maurine Wren, a spokesman for the Department of Environmental Conservation, and Jeffrey Hammond, a spokesman for the Department of Health, said agency officials would have to review the report before they offered comment.

"We will continue to push the science along in order to increase our knowledge of this issue and appropriately address all sites where there are public health concerns," Hammond said.



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Correction

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