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Monday, March 31, 2008

Hall and Hinchey introduce companion to Senate's TCE legislation (NY)
by Neil Fischbein on Monday, March 31, 2008 [Permalink] [0 Comments]
Earlier this month, a small group of citizens and legislators gathered at the New York home of Debra Hall (Founder of Hopewell Junction Citizens for Clean Water & Clean Air and founding member/co-chair of the New York State Vapor Intrusion Alliance) to announce and unveil legislation requiring the EPA to better protect the public from TCE-contaminated water and air. The new legislation is intended to be the House of Representatives' companion to Senator Clinton et. al.'s TCE Reduction Act.

Here's a video of the press conference announcing the new legislation:


This press release comes from U.S. Rep. John Hall's (D-NY) website:
Standing with Hopewell Junction families who have suffered from cancer and other health problems due to groundwater contamination and vapor intrusion by the carcinogenic chemical trichloroethylene (TCE), U.S. Rep. John Hall (D-NY19) today unveiled legislation to help communities deal with TCE contamination. The TCE Reduction Act, which Hall is introducing with U.S. Rep. Maurice Hinchey (D-NY22), would require the U.S. Environmental Protection Agency (EPA) to set stricter regulations to protect the public from exposure to TCE.

"Growing scientific evidence shows the danger TCE pollution poses to people," said Congressman Hall. "Yet the EPA continues to drag its feet instead of setting a new standard that would help the residents of Hopewell Junction and similar communities throughout the country."

TCE and other contaminants have plagued Hopewell Junction residents as the result of Hopewell Precision’s disposal of painting and degreasing wastes directly on the ground, resulting in a 1.5 mile long groundwater contamination plume. Chemicals have been detected in local drinking water wells and many homes have experienced significant problems caused by vapor intrusion. The site was listed on the Environmental Protection Agency's Superfund National Priority List, a list of the most severely polluted sites in the country, in 2005. Yet residents are still suffering from significant TCE contamination.

"TCE is a pervasive, toxic chemical that cannot be allowed to continue to pollute our communities," said Congressman Hall. "Study has shown that it is a likely carcinogen, can cause nerve damage, lead to developmental difficulties in children, and pose a significant threat to public health. We expect our government at all levels to provide security. When the fire alarm rings, we expect the fireman to show up and put the blaze out. EPA is no exception. But what did EPA do when the alarm rang about TCE spill here and throughout the rest of the country? It recommended more study."

In 2001, a draft EPA Risk Assessment found TCE to be as much as 40 times more carcinogenic than previously thought, but instead of setting a more protective standard for TCE in drinking water, the Bush Administration called for more study. The National Research Council (NRC) was directed to conduct an in depth study of the health studies involving TCE. The final NRC report, issued in 2006, found that "the evidence on carcinogenic risk and other health hazards from exposure to trichloroethylene has strengthened since 2001." The report went on to say, "The committee recommends that federal agencies finalize their risk assessment with currently available data so that risk management decisions can be made expeditiously."

"No action has been taken by the EPA to update the water standard," stated Debra Hall of Hopewell Junction Citizens for Clean Water. "There is no federal standard to deal with vapor intrusion even though this is a very dangerous environmental issue. I applaud Congressman Hall for taking action to force stricter regulations related to TCE. People living here in Hopewell Junction and the entire nation will benefit greatly when this bill becomes law. Stricter standards will allow more homes to be mitigated. It is obvious that legislation is needed to force protection against cancer and other health issues that are caused by TCE."

Hopewell Junction resident Sharon Whalen testified that her father developed prostate cancer after living in her home. The house was also dubbed "the sick house" because everyone living there became almost constantly ill. Whalen's home is impacted by vapor intrusion only and at the highest amount of the entire superfund site.

The TCE Reduction Act addresses both groundwater contamination and vapor intrusion caused by TCE and would require the EPA to:
  • Issue a revised health advisory for TCE within 6 months of enactment.
  • Issue revised draft health standards for TCE in drinking water within 12 months of enactment, and final drinking water standards within 18 months.
  • Issue a health advisory standard for TCE vapor intrusion within 12 months of enactment.
  • Establish an integrated risk information system reference concentration for TCE vapor which is protective within 18 months of enactment.
  • Ensure that all standards set under the bill fully protect susceptible populations (including pregnant women, infants, and children) from the adverse health affects of TCE.

Friday, March 21, 2008

Queens residents protest toxic schools (NY)
by Neil Fischbein on Friday, March 21, 2008 [Permalink] [0 Comments]
Recently, the Queens Tribune (NY) reported:
Advocates and community members gathered Tuesday in front of State Senator Frank Padavan’s Bellerose office to protest his lax legislation concerning environmentally contaminated school sites and to announce a leafleting campaign to educate constituents in Padavan’s district about the issue.

The meeting was hosted by Dave Palmer, a lawyer for New York Lawyers for the Public Interest, which represents community groups dealing with environmentally contaminated school sites. School sites leased by the City do not require the same type of community, political and environmental review processes as schools owned by the City. This loophole allows for schools to be located on contaminated sites posing health threats to children, according to the organization.

“All of that we think places children at risk,” Palmer said.

“Children are most vulnerable to the effects of toxic chemicals.”

In June, the State Assembly passed a bill sponsored by Cathy Nolan (D-Ridgewood) that NYLPI believed strongly addressed the issues surrounding leased school sites. Palmer said community groups also had an assurance from Padavan that he would sponsor an equally strong bill in the Senate, though they say the bill that was past last session did not contain strong enough provisions for community notice, City Council review and environmental review.

Padavan said in a June statement, “Through discussions with the City and environmental advocates, we have crafted legislation that addresses concerns relative to school leasing in the City. The legislation that we have developed ensures that any proposed leased site for a school undergoes a two-phased environmental review process with adequate time for public review and comment on any site remediation plan impacting students, parents and community.”

Advocacy organizations and community groups plan to begin distributing leaflets Saturday throughout Padavan’s district, which encompasses parts of northeastern Queens, in an effort to get his constituents to pressure him to draft legislation that more closely reflects their concerns about leased schools.

At the meeting Tuesday, Katie Acton, whose daughter attended PS 65 in Ozone Park from 1999 to 2002 spoke about the toxins beneath the school that she believes led her daughter to develop asthma. Acton belongs to PS 65 Parents and Neighborhood Against TCE, which now has a lawsuit against the City. The school is located is a former airplane parts factory.

“Leaving the school, her health has improved and so have her grades,” Acton said. “It is my understanding that the Department of Education knew of the contamination before the families.”

It has also been reported that the site of the Information Technology High School in Long Island City, a former factory, is contaminated.

3 toxic site clean-ups in Rochester/Brighton (NY)
by Neil Fischbein on Friday, March 21, 2008 [Permalink] [0 Comments]
Though the meetings announced in this article have since passed (the article was originally dated March 10), this Rochester Democrat & Chronicle article highlights 3 separate site clean-ups that are under way:
Costly taxpayer-financed plans to address toxic-chemical contamination in residential pockets of northeast Rochester and central Brighton will be detailed at separate public meetings this week.

The state Department of Environmental Conservation has scheduled a meeting for Tuesday evening to discuss a $1 million proposal to remove tainted soil and take other steps to address contamination at a now-closed business at Fernwood and Portland avenues in northeast Rochester.

The DEC first learned in 2000 that Preferred Electric Motors had spilled solvents and other potentially harmful materials in the course of its work refurbishing electric motors. Trichloroethene (TCE), tetrachloroethene (PCE) and other solvents are contaminating groundwater near the former business, prompting the state to install ventilation systems in two homes to guard against the build-up of toxic vapors.


Clean-up of Fernwood Ave site planned in Rochester (NY)
by Neil Fischbein on Friday, March 21, 2008 [Permalink] [0 Comments]
The Rochester Democrat & Chronicle (NY) recently reported this news:
Barring a flood of public comments, state environmental officials could decide early next month on a cleanup option for a site in northeast Rochester where soil and groundwater are contaminated with toxic solvents.

And judging by attendance at a public meeting on the site Tuesday evening, a flood of further comments is unlikely. "It's sad in the neighborhood — there's just no interest," said Sue Buehner, one of two or three citizens who attended the meeting in the library at School 36.

The session focused on problems at 42 Fernwood Ave., a small commercial building where Preferred Electric Motors reconditioned motors from the early 1950s until the business closed eight years ago. In the process, the company spilled or dumped toxic solvents, including trichloroethene, or TCE.

After an anonymous tip about leaking chemical drums in 2000, state Department of Environmental Conservation officials found solvents in soil and groundwater.

They also discovered very high levels of TCE vapors infiltrating a neighboring rental home, and health officials ordered that it remain unoccupied until a system was installed to pull the potentially harmful vapors from the soil.


Third toxic site uncovered in Brighton (NY)
by Neil Fischbein on Friday, March 21, 2008 [Permalink] [0 Comments]
Still catching up on old news, the Rochester Democrat & Chronicle (NY) reported this news in late February:
Even as state environmental officials are publicizing cleanup plans for two Rochester-area toxic dump sites, another local contamination site has been placed on the to-do list.

The new site, off Brighton-Henrietta Town Line Road, is a commercial property where the once-ubiquitous industrial solvent trichloroethene, or TCE, was used — and apparently spilled. Groundwater near the building at 235 Metro Park in Brighton contains relatively high concentrations of TCE, as well as other solvents.

A fact sheet from the state Department of Environmental Conservation said the solvents apparently originated with Fischbach & Moore Electric, a large commercial contractor that occupied the building for years.

The DEC notified nearby property owners last week that it has added the site to its registry of hazardous waste disposal sites. It is listed a Class 2 site, meaning it poses a significant threat to the environment or public health, and must be cleaned up.
Note: We can't locate the DEC fact sheet. When we do, we'll provide link here. Meantime, you can read the full Democrat & Chronicle article here.

Tuesday, March 18, 2008

TCE contamination impacts tax agreement negotiations in Norwich (NY)
by Neil Fischbein on Tuesday, March 18, 2008 [Permalink] [0 Comments]
In late February, the Evening Sun (Norwich, NY) reported:
The Chenango County Industrial Development Agency agreed last week to postpone taking steps that would alter a 1982 tax agreement held with the New York Susquehanna & Western Railroad.

Consulting attorney James Downey said if the agency wanted to change or terminate the payment-in-lieu of taxes agreement this year, it would have to do so by March 1. “Do it today or don’t do it,” he said during the meeting Feb. 20.

The IDA’s economic development activities have been thwarted ever since the 2006 flood shut down rail transportation through most of the county. And, because of its inactive status, officials have been revisiting the agreement which exempts the railroad from taxation.

Downey has advised only a partial termination of the agreement, however. New York State Department of Environmental Conservation funds are currently being used to clean up an old, trichloroethene spill on a portion of the railroad bed in the City of Norwich’s Fourth Ward. Without the IDA’s ownership of the right-of-way, it is prohibited from tapping into remediation funds.

TCE found in groundwater at Ithaca Gun (NY)
by Neil Fischbein on Tuesday, March 18, 2008 [Permalink] [0 Comments]
In late February, the Ithaca Journal (NY) reported:
Groundwater testing at Ithaca Gun has identified the presence of TCE above the standard established by the state Department of Environmental Conservation.

Samples were taken from three groundwater monitoring wells on the property in November 2007, said Mary Jane Peachey, a DEC engineer. Two of the three samples registered trichloroethylene, or TCE, readings above the state's groundwater standard of 5 parts per billion: one location between the factory and the smokestack was 152 ppb; one location near the smokestack was 98 ppb.

“The groundwater in this particular case is being monitored at a location 50 feet into rock. So exposure is not something occurring here on this site. That's a good thing,” Peachey said. “What this tells us is that there is a need to do a complete investigation up on the site itself.”
Read the full story here.

Sunday, February 17, 2008

More on the New York State Vapor Intrusion Alliance (NYVIA)
by Neil Fischbein on Sunday, February 17, 2008 [Permalink] [0 Comments]
We posted this news weeks ago and wanted to tell you more:

According to the press release announcing its formation, the New York State Vapor Intrusion Alliance (NYVIA) was recently formed by citizens representing Ithaca, Victor, Endicott, Hopewell Junction, Plainview, Hillcrest, Middleport and Ft. Edward. Each of these communities has been forced to deal with ongoing TCE pollution and the impact of vapor intrusion. Founding members of the Alliance include (links have been provided below where available):
  • Debra Hall, Co-Chair
    Hopewell Junction Citizens for
    Clean Air and Clean Water
  • Bruce Oldfield, Co-Chair
    Hillcrest Environmental Action Team
  • Mike Barry
    Victor New York TCE
  • Carol Meschkow
    Concerned Citizens of the Plainview-Old
    Bethpage Community, Inc.
  • Laura Haight
    NY Public Interest Research Group
  • Ken Deschere
    Regina Deschere
    Ithaca South Hill Industrial Pollution
  • Bill Borell
    Hopewell Junction Citizens for
    Clean Air and Clean Water
  • Sue Hughes
    Julie Rizzo
    United Neighbors Improving Tomorrow's
    Environment
  • Stephen Boese
    Healthy Schools Network
  • Don Teeling
    CARE - Ft. Edward
  • They are supported by two technical advisors:
  • Lenny Siegel
    Center for Public Environmental
    Oversight
  • Dave Palmer, Esq.
    NY Lawyers for the Public Interest
  • Their press release states their mission:
    1. Assist impacted residents, communities and schools across New York State in addressing toxic chemical exposure from vapor intrusion.

    2. Explore the impact of vapor intrusion on health and property, identify commonalities, and present our findings as a means to educate the public, media, and policy-makers.

    3. Collaborate with local and state officials to adopt protective remediation standards, policies, procedures and technologies to prevent or mitigate vapor intrusion that are based on 21st century knowledge and science.
    In support of this mission, the Alliance has already inserted itself into state politics and is lobbying for legislation designed to better protect the public from migrating toxins and vapor intrusion.

    In addition to announcing support for proposed state legislation regarding Landlord Notification to Tenants of Contaminants (requiring that landlords disclose to current or prospective tenants any known contamination on a property, including the results of any investigations concerning vapor intrusion) and announcing support for the state's proposed Private Well Testing Act (requiring that drinking water from private wells be tested - upon transfer of a property - for contaminants including VOC's), the Alliance is meeting with legislators and urging New York State to revise its indoor air action levels for TCE:
    A document from the NYS Department of Health in 2003 listed the range of potential criteria for long term exposure of trichloroethylene (TCE) in indoor air from 0.2 to 4 micrograms per cubic meter (mcg/m3)of air and then sets 5 mcg/m3 as the indoor air guideline. In 2005, the NYS DOH adopted a matrix for evaluating residential indoor air that lists values for mitigation of TCE vapors ranging from 0.25 to 5.0 mcg/m3 depending on subslab concentrations. As a response to public outcry about the matrix, the NYS DOH convened an expert panel in August of 2005 to comment on the use of this matrix. NYS DOH rejected the panel’s recommendation that the standard be set between 0.1 and 1 mcg/m3 of indoor air. In 2006, NYS Senator Thomas Libous wrote to the NYS DOH requesting that the NYS standard be set between 0.016 and 0.02 mcg/m3 of air. The NYS DOH has been unresponsive to requests to lower NYS indoor air standards.

    [...]

    The community action groups in this Alliance have found that the NYS Indoor Air guidelines in the matrix are not applied uniformly in pollution cases. The screening levels appear to be different in different communities and the action levels vary significantly. In Hillcrest (Town of Fenton) NY, mitigation of TCE vapors was done down to 0.14 mcg/m3 whereas in Endicott NY a standard of 5 mcg/m3 was applied.

    The NewYork-Vapor Intrusion Alliance strongly supports the introduction of legislation to adopt trichloroethylene indoor air standards to be set at the detection level using the most accurate measurement devices available. NY-VIA also strongly supports that the standards be applied uniformly across New York State.
    The New York State Vapor Intrusion Alliance is working towards important goals. Their voice and influence have become necessary to fill a critical gap left by legislators and regulators who, unduly influenced by corporate and political pressures, have been unable or unwilling to adequately protect the public from migrating toxins and vapor intrusion.

    The TCE Blog fully supports NYVIA's mission and its efforts. Further, we believe other states can and should learn from their example. Every state should establish a similar Vapor Intrusion Alliance.

    If anybody from Connecticut wants to help us launch the CTVIA, please contact us.

    Related Posts (on one page):

    1. More on the New York State Vapor Intrusion Alliance (NYVIA)
    2. New York State Vapor Intrusion Alliance formed (NY)

    Monday, February 11, 2008

    High TCE levels discovered at Buell Automatics (NY)
    by Neil Fischbein on Monday, February 11, 2008 [Permalink] [0 Comments]
    Over the weekend, the Rochester Democrat and Chronicle (NY) reported extremely high levels of TCE in soil and groundwater in Gates, NY:
    After a four-year investigation, the DEC found high levels of trichloroethene (TCE) in soil and groundwater at Buell Automatics, 381 Buell Road. A toxic volatile organic compound used as a solvent in dry cleaning and removal of grease, trichloroethene in large amounts can cause health symptoms similar to those of alcohol intoxication, beginning with headache, dizziness, cardiac arrhythmias and liver and kidney problems. MAP

    The tainted groundwater flowed 200 feet southwest, toward the Comfort Inn, 395 Buell Road, the report said. DEC officials performed a vapor intrusion analysis near and around the hotel. The site is not near a residential area.

    [...]

    DEC officials conducted investigations between March 2002 and September 2006 to evaluate geologic and groundwater conditions on- and off-site. The investigation included sampling and chemical soil analysis from more than 60 soil borings, 19 groundwater wells and indoor air from buildings at three adjacent properties.

    The DEC testing showed TCE levels for the soil at 820 parts per million and groundwater at 15 parts per million, both much higher than standard numbers.

    Read the full story here.

    Thursday, February 7, 2008

    TCE in Queens around the Swingline Stapler factory (NY)
    by Neil Fischbein on Thursday, February 7, 2008 [Permalink] [0 Comments]
    A story posted on the TimesLedger website describes NY State Assemblywoman Catherine Nolan's appeal to the state to better inform local communities about potentially toxic neighborhood sites. Her concern appears to stem from recent discovery of contamination found to be migrating from under the Swingline Stapler building in Queens.

    It reminds us that we have yet to post the original news of the migration, which broke in December:
    State Department of Environmental Conservation officials are conducting tests at eight to 12 buildings within a one-block radius of the former stapler factory, which closed in 1999 and housed the Museum of Modern Art while its Manhattan location was being renovated from 2002 to 2004.

    The groundwater and soil beneath the building is tainted with the common industrial pollutant and carcinogen trichloroethylene, known as TCE, according to DEC regional citizen-participation specialist Arturo Garcia-Costas.

    In October, the DEC found that the degreasing solvent - which has also been linked to nerve damage and birth defects - may have spread, so a new round of tests began immediately.

    [...]

    ACCO, the company that operated the Swingline factory from 1952 to 1997, entered into the state's voluntary cleanup program in October 2000 after an unlined pit used to dump chemical waste was discovered during federal closing procedures.

    In 2004 the DEC investigated the actual footprint of the factory, but not until this year did it complete tests in the areas around Swingline.
    Read the full story from December here. We'll try to keep you posted as we learn more.

    2nd wave of IBM TCE lawsuits filed (NY)
    by Neil Fischbein on Thursday, February 7, 2008 [Permalink] [0 Comments]
    According to the Press & Sun-Bulletin (NY):
    A second wave of legal claims seeking damages from IBM Corp. related to pollution in Endicott has been filed in state Supreme Court in Binghamton, bringing the total to more than 240 plaintiffs, with more on the way.

    The 82-page document representing 151 property owners and residents was filed electronically late Friday afternoon by Philip Johnson, an attorney with the Vestal law firm of Levene Gouldin & Thompson. Johnson is part of a team of seven law firms representing more than 1,000 clients in the massive toxic tort case against IBM seeking more than $100 million in damages for a range of hardships related to the pollution. They include cancer and other illnesses, property devaluation, loss of business, medical expenses and related monitoring, and hassles of dealing with the pollution.

    The first wave of claims, representing 94 plaintiffs, was filed early last month.
    Read the full story here.

    Tuesday, February 5, 2008

    South Hill re-tests delayed due to fire (NY)
    by Neil Fischbein on Tuesday, February 5, 2008 [Permalink] [0 Comments]
    Re-tests for TCE in the air in Ithaca's South Hill have been delayed due to last week's fire.

    Sunday, February 3, 2008

    Tenant notification bill has Spitzer's support (NY)
    by Neil Fischbein on Sunday, February 3, 2008 [Permalink] [0 Comments]
    As posted in this morning's Press & Sun-Bulletin (NY):
    State lawmakers will again introduce legislation requiring landlords to notify tenants who live in polluted buildings, after similar measures were vetoed by two administrations in 2006 and 2007, the bill's sponsor said.

    The latest incarnation of the bill, sponsored by Assemblywoman Donna A. Lupardo, D-Endwell, is being drafted with help from the office of Gov. Eliot Spitzer, Lupardo said Friday. Spitzer supports the intention of the bill but vetoed it last August, saying it was not comprehensive enough and in some instances too vague.

    Lupardo said she is "optimistic" the bill will become law because of Spitzer's involvement, but noted the governor's draft still has to pass muster with her and its sponsor in the Senate, Thomas W. Libous, R-Binghamton.

    "Ultimately, I think this will make it an even better bill," Lupardo said.
    Read the full story.

    Tuesday, January 29, 2008

    "Area Seven" given all clear in Endicott TCE tests (NY)
    by Neil Fischbein on Tuesday, January 29, 2008 [Permalink] [0 Comments]
    With TCE testing continuing in Union and Endicott, the Press & Sun-Bulletin (NY) reports:
    Analysis of the samples suggests no more work is necessary in "Area Seven," with approximate borders of Country Club Road to the south, Twist Run Road to the north, Nanticoke Avenue to the west and Robinson Hill Road to the east.

    Lab technicians collected samples on public rights of way near parcels that raised suspicion because of unknown dumping or the possibility of dumping in years past. They included cemetery property owned by St. Mary's Orthodox Catholic Church at the corner of Taft Avenue and Newell Road, and a dump on Twist Run Road identified as a "sanitary refuse disposal area" in a DEC summary of the sites.

    The DEC has divided the Town of Union and the village into seven areas to map out pollution from trichloroethylene (TCE), an industrial solvent once used extensively in circuit board assembly and other industries.

    The state will continue work in evaluating five of the areas, including a neighborhood around Badger Avenue and June Street where high concentrations of TCE have been found underground.

    Tests showed no evidence of pollution requiring further study in "Area Three" -- west of Oak Hill Avenue, south of Pine Street, north of Franklin Street and east of Nanticoke Avenue, according to the report.
    Read the full story here.

    Monday, January 28, 2008

    New York State Vapor Intrusion Alliance formed (NY)
    by Neil Fischbein on Monday, January 28, 2008 [Permalink] [0 Comments]
    From Friday's Midhudsonnews.com:
    East Fishkill – The New York Vapor Intrusion Alliance has been formed with members across the state. It was spearheaded by Debra Hall, an East Fishkill resident who has been fighting for clean water and clean air after her house was found to be contaminated.

    The group’s primary purpose is public awareness of the problems surrounding vapor intrusion, said Hall.

    “We basically want people to recognize vapor intrusion, know that it’s a real health problem, and there needs to be legislation that is going to protect people for it,” she said. “Now that we know that it’s here, who knows how long people have been breathing in vapors with TCE and PCE and all these other chemicals that volatize?”

    Hall and members of the group will be meeting with state lawmakers and DEC officials next week to push for legislation that would require landlord notification when dealing with environmental investigations and testing, and a private well testing law.
    UPDATE: There's more on the NYSVIA in this Dec. 29, 2007 Ithaca Journal article:
    Broome County, with more than 700 properties affected in Endicott, the Town of Union, Vestal, Binghamton and Hillcrest, is among the largest stakeholders in the TCE regulatory process, said Bruce Oldfield, a Hillcrest resident and Broome Community College professor. He is co-chairing the group, called the New York State Vapor Intrusion Alliance, representing citizens groups from nine areas throughout the state. Debra Hall of Hopewell Junction in Dutchess County, is a co-chair.

    TCE has also been detected in parts of the South Hill section of Ithaca. Coalition members plan to meet with lawmakers in Albany in January, Oldfield said. They are pushing for simple and uniform rules that prohibit trichloroethylene (TCE) in indoor air.

    “There seems to be a wide discrepancy in how they (state health and environmental departments) approach these sites,” Oldfield said. “That is troublesome.”

    Related Posts (on one page):

    1. More on the New York State Vapor Intrusion Alliance (NYVIA)
    2. New York State Vapor Intrusion Alliance formed (NY)

    Friday, January 25, 2008

    Ithaca TCE levels 'virtually unheard of'; NY DEC to retest (NY)
    by Neil Fischbein on Friday, January 25, 2008 [Permalink] [0 Comments]
    At Thursday's meeting, NYS DEC reported findings of "unusually high" levels of TCE in the ambient air outside South Hill homes in Ithaca:
    Emerson found levels of trichloroethylene, or TCE, at levels ranging from 1.2 to 29.5 micrograms per cubic meter in ambient air outside homes downhill and north of its factory on South Hill.

    Morse Chain, the site's previous owners, used degreasing solvents containing volatile organic compounds like TCE until the late '70s.

    Of 12 locations tested, eight showed unusually high results, said Karen Cahill, regional engineer with the DEC. Of the 12, four were from areas in the Phase 5 investigation area, near the police station, and eight were near homes with mitigation systems installed.

    John Criscitello lives at 401 S. Cayuga St. in one of those homes. He has a mitigation system in his house to pull TCE out from under his basement sub-slab and send it into the outside air, where it is supposed to dissipate.

    The ambient air reading outside his home was 25 micrograms per cubic meter. The indoor air measurement that the state Department of Health considers unsafe is 5 micrograms per cubic meter. Emerson mitigates homes with indoor air readings at 0.8.

    Levels this high in outside air are virtually unheard of.
    According to this report in the Ithaca Journal (NY), DEC's immediate next step is to retest "to see if those numbers are real or not."

    Wednesday, January 23, 2008

    Ithaca TCE readings rise; Meetings today and tonight (NY)
    by Neil Fischbein on Wednesday, January 23, 2008 [Permalink] [0 Comments]
    According to The Ithaca Journal (NY):
    Ambient air samples in some South Hill structures show higher levels of TCE than have ever been found since Emerson began testing ambient air in 2004, according to a letter from Emerson Power Transmission to some South Hill homeowners.

    [...]

    The state Departments of Health and Environmental Conservation will host a public availability session and information meeting Thursday in Ithaca Town Hall, 215 N. Tioga St. The availability session, 2 to 4 p.m., allows individuals to ask questions one on one. The public meeting will be from 6:30 to 9 p.m.
    Read the full story here.

    Friday, January 18, 2008

    IBM's response to Endicott lawsuits (NY)
    by Neil Fischbein on Friday, January 18, 2008 [Permalink] [0 Comments]
    "As we explained to plaintiffs' lawyers before they filed this case, these suits have no basis in science or law, and IBM will defend itself vigorously," company spokesman Michael Maloney said in a statement.
    Read more in the Poughkeepsie Journal (NY).

    More on new tests in Endicott/Union (NY)
    by Neil Fischbein on Friday, January 18, 2008 [Permalink] [0 Comments]
    From today's Press & Sun-Bulletin (Binghamton, NY):
    State environmental officials are seeking permission from property owners to begin testing in and under about 80 homes south of June Street in February and March, as the next phase of a TCE probe begins in an area encompassing about 400 properties.

    Lori O'Connell, a spokeswoman for the state Department of Environmental Conservation, outlined more details this week about the scope of the investigation, which will include an industrial site on the north end of Badger Avenue and its affect on the surrounding neighborhood.

    The area extends from West Endicott into the Town of Union.

    [...]

    Officials have scheduled a public meeting at 7 p.m. Jan. 23 at Union-Endicott High School to outline plans and answer questions about the investigation around Badger Avenue.
    Read the full story here.

    Nearly 1,000 in Endicott sue IBM for TCE-related harms
    by Neil Fischbein on Friday, January 18, 2008 [Permalink] [0 Comments]
    In early January, the first of several anticipated lawsuits was filed against IBM. 94 plaintiffs filed suit in NY State Supreme Court in the County of Broome, all asserting that IBM was responsible for vapor intrusion by TCE that caused them harm. Nearly 1,000 plaintiffs are expected to file in the coming months. Read the full story in the Binghamton Press & Sun-Bulletin (NY).

    Along with the story, the paper has a handy PDF link to the complaint (aka lawsuit document) that was filed. From the complaint, we learn that a number of different attorneys and firms are representing the plaintiffs. They include (profiles and homepages linked where available):

    LEVENE, GOULDIN & THOMPSON, LLP
    By: Philip C. Johnson. Esq.
    450 Plaza Drive
    Vestal, New York 13850
    (607) 763-9200

    WEITZ & LUXENBERG, P.C.
    Ellen Relkin, Esq.
    180 Maiden Lane - 17th Floor
    New York, New York 10038-4925
    (212) 558-5500

    FARACI LANGE, LLP
    Stephen G. Schwarz, Esq.
    400 Crossroads Building
    2 State Street
    Rochester, New York 14614
    (585) 325-5150

    WILLIAMS CUKER BEREZOFSKY
    Gerald J. Williams, Esq.
    1617 J.F.K. Boulevard - Suite 800
    Philadelphia, Pennsylvania 19103
    (215) 557-0099

    LAW OFFICES OF HENRY GLUCKSTERN
    Henry Gluckstern, Esq. (outdated profile)
    41 Park Road
    Maplewood, New Jersey 07040
    (973) 763-0998

    BEEMER & BEEMER
    John Barry Beemer, Esq.
    114-116 North Abington Road
    Clarks Summit, Pennsylvania 18411
    (570) 587-0188

    MASRY AND VITITOE
    Nancy S. Eichler, Esq.
    5707 Corsa Avenue - Second Floor
    Westlake Village, California 91362
    (818) 991-8900

    Sunday, January 13, 2008

    Vapor tests continue in Endicott and Union; Meeting Jan. 23 (NY)
    by Neil Fischbein on Sunday, January 13, 2008 [Permalink] [0 Comments]
    This week's Press & Sun-Bulletin (NY) reports:
    This winter, state health and environmental officials will begin testing homes in Endicott and the Town of Union for signs of hazardous chemicals flowing in the ground around them.

    The area includes more than 12 blocks of residential and commercial property, mostly between June Street on the north and Main Street on the south. It extends west to North Grippen Avenue into the Town of Union, and east to South Loder Avenue in Endicott, according to records from the state Department of Environmental Conservation.

    Officials declined Thursday to say how many structures would be tested, or when, until residents in the area are notified. Letters were mailed from Albany on Wednesday, said Lori O'Connell a spokeswoman for the state DEC.

    Officials from the DEC and state Department of Health have scheduled a public meeting to outline plans and answer questions. The meeting will be at 7 p.m. Jan. 23 in Union-Endicott High School.

    Samples collected outside of homes last summer gave scientists a more complete picture of a subterranean plume of trichloroethylene (TCE) flowing under the neighborhood, according to information from the state DEC. An analysis of the samples documented concentrations of the solvent -- one widely used as a degreasing and cleaning agent -- in the ground water up to 900 parts per billion.
    Read the full story here.

    Thursday, August 2, 2007

    Senators Clinton, Dole, Boxer, Lautenberg, and Kerry propose TCE legislation (D.C.)
    by Neil Fischbein on Thursday, August 2, 2007 [Permalink] [0 Comments]
    Big day in the TCE world today, marked by 1 word: LEGISLATION.

    Okay, maybe two words: PROPOSED LEGISLATION

    Today, Senators Clinton, Dole, Boxer, Lautenberg, and Kerry introduced a bill that proposes to:
    Amend the Safe Water Drinking Act to protect the health of susceptible populations, including pregnant women, infants, and children, by requiring a health advisory, drinking water standard, and reference concentration for trichloroethylene vapor intrusion, and for other purposes.
    Cited formally as the "Toxic Chemical Exposure Reduction Act of 2007" (get it? "TCE Reduction Act"?) the Senators have proposed that EPA revise the national standard for allowable TCE levels in public drinking water, create a national standard for allowable TCE in indoor air, and enforce nationwide monitoring and cleanups based on these new standards. All of this is proposed to occur within the 3-18 months of the bill's enactment.

    Since the details of the bill are interesting and worth comment, we'll post them here shortly. For now, we'll say this: We think this bill, if passed and enforced, could go a long way towards better protecting the public from TCE.

    Of course, if the EPA chooses to or is forced to play politics, we also envision ways that they could still stagnate change even if the bill is passed…

    As we said, more to come from us on this. Meantime, you can download the full bill here.

    Lastly, we are in the process of contacting Senators from our home state, Connecticut, to ask for their support for this legislation. We strongly urge readers to contact their state Senators as well.

    (If any readers do contact their Senators for support, please consider letting us know the kind of feedback you receive. If we’re able to keep track of whom has pledged their support, we’ll keep readers posted by running updates on this blog. What could possibly be more exciting?)

    UPDATE: For the official press release from Senator Clinton announcing the proposed legislation, see here.

    Related Posts (on one page):

    1. Hall and Hinchey introduce companion to Senate's TCE legislation (NY)
    2. A peek inside the Toxic Chemical Exposure Reduction Act
    3. Senators Clinton, Dole, Boxer, Lautenberg, and Kerry propose TCE legislation (D.C.)

    Friday, June 29, 2007

    News Round-up
    by Neil Fischbein on Friday, June 29, 2007 [Permalink] [0 Comments]
    Each of these stories deserves its own post and and, almost certainly, some commentary. Until we get more time for this, please be sure to check them out directly via the links below. All of them come courtesy of the Google. (Sorry to do it this way, we'll try to get the full versions up soon. That reminds us, we're still looking for local correspondents).

    Sunday, June 17, 2007

    Emerson Power meets initial DEC deadline (NY)
    by Neil Fischbein on Sunday, June 17, 2007 [Permalink] [0 Comments]
    According to this report in The Ithaca Journal (NY):
    Emerson Power Transmission met the first deadline outlined for the company in a recent letter from the Department of Environmental Conservation. The company, which is in the process of evaluating remediation for 25 possibly contaminated Areas of Concern on its South Aurora Street property, was asked to schedule a site visit by June 8.

    Diane Carlton, a DEC spokesperson, said a conversation was held on June 6 that met the requirement.

    “We have a meeting set up with them to discuss the pertinent issues in the letter,” she said.

    Emerson has been actively working to remediate its South Hill site since trichloroethylene, or TCE, contamination was found still to be leaking from a fire-water reservoir about three years ago. The leak was first identified about 20 years ago.

    The Ithaca Journal now 'cautiously optimistic' about DEC's Emerson efforts (NY)
    by Neil Fischbein on Sunday, June 17, 2007 [Permalink] [0 Comments]
    The state Department of Environmental Conservation's local efforts regarding TCE and Emerson Power Transmission look to be entering into a long overdue era. Twenty years after a TCE leak was discovered and three years after the severity of the spill was upgraded, the DEC is setting immediate goals for Emerson to rectify the problem.

    [...]

    We are cautiously optimistic that the DEC is entering into a new era with faster, tougher and more stringent cleanup standards. That will benefit this area in the Emerson cleanup and beyond.
    Read it here.

    Nassau County Health Department demands immediate contamination reports (NY)
    by Neil Fischbein on Sunday, June 17, 2007 [Permalink] [0 Comments]
    New York Newsday reports:
    Nassau County has warned the 47 water districts it monitors that they need to immediately report any excessive level of contaminants in their water supply.

    The warning was issued about a month after the Nassau County Health Department said it learned that the Village of Hempstead had failed to report that one of its wells had contamination from an industrial solvent at twice the allowable levels.

    [...]

    Water from the affected well had 11.8 parts per billion of trichloroethylene, or TCE, when it was tested on April 3, more than a week after a routine quarterly test showed a level of 10.1 parts per billion, twice the allowable limit of 5 parts per billion, according to a notice sent to village residents last week.

    The 11.8 reading was "the highest ever seen in this well," the village said, but the source of the contamination still was unknown, according to the notice.

    Neither state nor federal environmental agencies have been able to identify the source of the contamination, although village officials suspect it might be a federal superfund site at the Old Roosevelt Field in Garden City.
    Read more here.

    Saturday, June 9, 2007

    Ithaca Journal calls DEC's response 'promising' (NY)
    by Neil Fischbein on Saturday, June 9, 2007 [Permalink] [0 Comments]
    We are happy to see the DEC taking the area's environmental concerns seriously, especially in wake of the TCE legacy that we appear to have inherited though we didn't ask for it. TCE is a likely carcinogen, as The Journal's Jennie Daley has reported often in recent years, and health problems are possible for those exposed to it.
    Read more.

    DEC sets deadlines for South Hill cleanup (NY)
    by Neil Fischbein on Saturday, June 9, 2007 [Permalink] [0 Comments]
    According to The Ithaca Journal (NY):
    Emerson Power Transmission is facing new deadlines for its South Hill cleanup.

    A letter from the Department of Environmental Conservation dated May 31 uses strong language to outline work it expects Emerson to complete. The letter includes five dates by which certain targets must be met, including completion of an investigation of the factory property by the end of August.

    ...

    In the May 31 document, the following deadlines are written out:

    * By Aug. 31 the Supplemental Remedial Investigation work plan should be submitted, including a schedule of investigative activities that outlines plans for all the associated field work.

    * By Oct. 31 the Supplemental Remedial Investigation report on the findings should be filed and include the scope of the feasibility study. The feasibility study will outline possible remediation approaches.

    * By Dec. 31 the feasibility study should be submitted.

    The document also calls for a site visit to be arranged by June 8.

    Bill forces landlords to disclose pollution. Backing by Spitzer expected. (NY)
    by Neil Fischbein on Saturday, June 9, 2007 [Permalink] [0 Comments]
    From Thursday's Press & Sun-Bulletin (Binghamton, NY):
    State lawmakers on Wednesday again passed a bill that would require landlords leasing polluted property to disclose the property's status to prospective tenants.

    A similar measure was vetoed by Gov. George E. Pataki in August.

    The bill's authors, Assemblywoman Donna Lupardo, D-Endwell, and Sen. Thomas W. Libous, R-Binghamton, expect Gov. Eliot Spitzer to sign it.

    The bill would inform renters about problems such as vapor intrusion -- a process in which underground pollution forms gases that seep into buildings. The problem affects hundreds of properties in Endicott and other Southern Tier communities polluted with trichloroethylene (TCE) and similar solvents.

    In his rejection note, Pataki stated the requirement was "overly broad" because it required landlords to inform renters about sites even after they had been closed.

    Libous said Wednesday that Pataki must have been acting on misinformation from an adviser about the nature of the bill, which would not require landlords to detail the scope and nature of pollution after the site was cleaned, although it would require them to note the status as a closed site.

    "I'm convinced that the advice the governor got from his counsel was flawed," Libous said Wednesday.

    The lawmakers introduced an identical bill early last year after a Press & Sun-Bulletin story revealed that some owners of buildings in a polluted area of Endicott had not notified tenants that a subterranean plume of TCE vapors had tainted indoor air.

    Wednesday, May 23, 2007

    TCE vapor intrusion in Cortlandville (NY)
    by Neil Fischbein on Wednesday, May 23, 2007 [Permalink] [0 Comments]
    Thanks to CPEO for this tip:
    Neighbors in Cortlandville found out Tuesday night that the government is going to help them stay safe from a dangerous chemical. Trichloroethene, or TCE, has been in the water table for years in Cortlandville. It was used as a degreaser at the old Smith Corona typewriter factory. The problem went unchecked for years before new regulations were enforced. TCE is associated with nerve, kidney, and liver damage.

    TCE vapors have been rising into homes through the soil. At a public meeting Tuesday night, Department of Environmental Conservation showed new test results, showing the contaminated area [see map] hasn't moved much from where it has been for years.
    Read the full story here. For more information, see DEC's Former Smith Corona Facility Fact Sheet.

    Lastly, for the record, TCE is associated with more than just nerve, kidney, and liver damage. It has been associated with numerous types of cancer and birth defects. It has been associated with immune system changes as well as cardiac and neurological problems. It has plagued exposed communities across the country. See here for all of our posts related to TCE's Health Effects.

    Wednesday, May 16, 2007

    More soil tests on Lee Avenue in Norwich (NY)
    by Neil Fischbein on Wednesday, May 16, 2007 [Permalink] [0 Comments]
    The Evening Sun (Chenango County, NY) reports:
    The New York State Department of Environmental Conservation is currently performing more soil tests on the ground near Lee Avenue [in Norwich, NY] where a chemical spill took place in the mid 1990s.

    URS Engineering Corporation, sub-contracted by the DEC, has hired Nature’s Way Environmental to perform soil borings and install monitoring wells in the neighborhood near the railroad and east of a factory that was previously home to Gee Wiliker’s Kid’s Clothing. The building now houses The Label Gallery.

    The company will be continuing previous testing to determine if there are heightened levels of trichlorethylene in the area. TCE has been used as a metal cleaning solvent, a paint stripper and an adhesive solvent.

    “URS is currently performing soil borings and installing monitoring wells to determine the extent and direction of the contamination,” said Diane Carlton, a media relations representative at the DEC.

    Sunday, May 13, 2007

    Cherry Street sites linked to Wallace Steel contamination (NY)
    by Neil Fischbein on Sunday, May 13, 2007 [Permalink] [0 Comments]
    From The Ithaca Journal on Friday:
    Newly obtained historical documents from the Tompkins County Department of Health show a mix of chemicals in the soil along Cherry Street where longtime industrial operations were recently linked to contamination on South Hill.

    [...]

    Documents published by the Journal on May 1 verified that wet steel shavings were brought from Morse Chain to Wallace Steel in the 1960s and '70s for processing. Emerson now owns the Morse Chain plant and is contending with a legacy of