Archive for the 'New York' Category

Hopewell residents meet to discuss Superfund site progress

Dee Lewis on Jul 19th 2008



July 18, 2008

Hopewell residents meet to discuss Superfund site progress

Hundreds of residents packed a meeting Thursday night in which the EPA discussed the ongoing plans for the Hopewell Precision Superfund site.

Debra Hall is a resident and active proponent of installing a system to bring water from the Little Switzerland area to the homes in the affected area, rather than make those residents rely on contaminated well water.

Affected areas are near Ryan Drive, Creamery Road, Clove Branch Road and Old Farm Road.

She said she’s satisfied with the way the EPA has been handling the situation.

“The EPA’s been very good,” she said Friday morning. “I even got up and said that at the meeting.”

Hopewell Junction residents have been plagued by trichloroethylene, or TCE, a chemical the Hopewell Precision plant dumped into the ground during the 1970s.

Some people who were exposed to TCE have been diagnosed with cancer, kidney and liver damage and other illnesses.


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TCE re-tests add concerns to evaluation New vapor sampling scheduled for next week around South Hill

Dee Lewis on Mar 6th 2008


By Krisy Gashler
Journal Staff

ITHACA — Test results showing TCE in ambient air near South Hill homes, and the state’s response that the results may be a fluke, raise questions about the reliability of the testing itself.

Emerson found trichloroethylene, or TCE, at levels ranging from 1.2 to 29.5 micrograms per cubic meter in 12 locations outside homes downhill and north of its factory on South Hill.

Neither Emerson nor the state have ever found TCE in outside air at these levels, and only three other such cases have been reported in New York state.

Neither Emerson nor the state officials can explain why tests for TCE and other volatile organic compounds sometimes come back with wildly different readings.

Emerson and state officials from the departments of Health and Environmental Conservation examined the canisters, checked with the lab and called for immediate re-testing to see whether the unusually high readings persist.

Most re-testing is scheduled for next week.

Karen Cahill, regional engineer with the DEC and project manager for all the South Hill environmental investigations, cited another unusually high test result on Ithaca’s South Hill that boggles Emerson and the state: a manhole near the corner of Turner Place and Columbia was double-tested with two canisters at the exact same location for the exact same 24-hour period.

One came back at 18,900 micrograms per cubic meter. The other came back 50.8.

A third test showed TCE at 39.3.

The indoor air measurement that the Department of Health considers unsafe is 5 micrograms per cubic meeter and Emerson has been mitigated homes with indoor readings of 0.8.

Knowledge about soil vapor intrusion is relatively limited, as state agencies have only recently begun to see it as a health risk.

With high levels of exposure, such as among workers who used it industrially, TCE is considered a likely carcinogen. Recent studies in the U.K. also link TCE with Parkinson’s.

There is very little research about the health impacts of long-term, low-level exposure.

Gregg Townsend, regional hazardous waste remediation engineer with the DEC, said New York state is on the cutting edge of the soil vapor intrusion phenomenon, but even New York has only been mitigating soil vapor for about 10 years.

Some contamination has come from the Emerson Power Transmission site, which was previously owned by Morse Chain. Additional testing last summer shows that contamination is also entering the South Hill neighborhood through the NCR sewer, which runs along South Aurora Street. Like many companies throughout the country, both Morse Chain and National Cash Register used degreasing solvents until the 1970s.

Homes downhill from Emerson have been tested for vapor intrusion in phases. Phase six testing is ongoing — soil vapor tests outside homes are complete, but Emerson and the state have not yet decided which homes will get indoor testing, Cahill said.

Delay in testing, delay in getting tests results and reliability of test results are exactly the issues that concern Peter Penniman, general manager of PPM Homes. Penniman manages two rental properties on South Hill that required TCE mitigation.

Penniman was informed that the properties needed mitigation in the spring of 2006. Emerson installed a system in summer 2006 but informed Penniman in January 2007 that the system was incomplete and needed additional work.

“We were very disappointed about the time, the delay,” he said.

Concerned about the presence of TCE in their home, Penniman’s tenants asked and he agreed, that if the post-mitigation TCE reading in their home was higher than 0.8, they could break their lease and move.

Testing was done in September 2007 and Penniman and his tenants were told the results would be back by October. They only got the results this week.

The indoor air reading was 1.6.

“Why does it take four months to figure that out?” he asked.

As they’ve done with the manhole and the ambient air, Emerson and the state are testing again to see if the level goes down. As with those tests, they likely won’t be able to explain why a reading would go down or up.

A re-test is planned for next week and Penniman hopes, again, for the test results to be back in a month.

“Given that there are so many questions, it just seems like they should be moving more quickly,” Penniman said.

It was a sentiment shared by many Ithacans and apparently understood by state officials at a meeting Thursday night in Ithaca Town Hall.

Almost all of the officials made comments about moving beyond investigation to remediation, dealing immediately with needed mitigation and testing homes without waiting for a responsible party.

“We need to get out of the investigation phase. We’ve been in that phase a long time. We need to get on to the next phase,” Townsend said.

Carl Cuipylo, a DEC geologist, explained that investigations last summer at Emerson found two locations with existing sources of contamination that Emerson will be required to clean up this year.

“It’s not just gonna be another investigation. We found things we want them to clean up,” he said.

Common Council alderwomen Jennifer Dotson, D-1st; Maria Coles, D-1st; and Assemblywoman Barbara Lifton, D-125th, all said Friday that they heard and appreciated a change in policy and in tone at the meeting.

“I think there was good discussion about, ‘How are we gonna make sure that we don’t lapse back into any kind of pattern of not paying attention or not following up or not notifying the public about how it’s going?’” Lifton said. “We want regular communication, regular notification. We want to be assured in the months and years ahead that this issue continues to be monitored and dealt with.”

County legislator Pam Mackesey, D-City of Ithaca, was slightly less optimistic.

“There have been so many promises for so long, it’s hard to get too excited about it,” she said. “It did feel as if they were at least mouthing the concern that everybody who lives here has had that something needs to happen, but . . . we need to see if anything different actually happens six months or a year from now.”

kgashler@ithacajournal.com

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Tree rings may help explain Hillcrest cancer cluster

Dee Lewis on Jan 15th 2008

Posted Tuesday January 1, 2008

 

Tree rings may help explain Hillcrest cancer cluster

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By Tom Wilber
Press & Sun-Bulletin

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HILLCREST — It will likely be sometime in March or April before scientists know whether trees in Hillcrest contain a record of environmental toxins that could help explain a cluster of childhood cancers diagnosed within blocks of one another in the late 1990s.

Researchers at the University of Arizona are waiting for a new round of funding to pay for laboratory analysis of tree rings they collected in August in the area, said Mark Witten, a pediatric toxicologist and faculty member at the University of Arizona.

The analysis would show whether trees absorbed heavy metals and other toxic substances from the environment during specific years.

The search for pollution in Hillcrest, which intensified after the childhood cancers were diagnosed, has documented heavy metals and solvents in the ground, providing a starting point for cleanup efforts in the 1990s.

Additionally, a 2003 discovery found a subterranean plume of trichloroethylene (TCE) was forming gases and entering some buildings in the neighborhood.

But none of the testing to date has given researchers a sense of how long pollution has been a factor, whether it could be responsible for the illnesses, or what concentrations may have been in the past.

Witten and his colleagues hope to learn more with the tree ring study.

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Vapor intrusion may be crucial test for DEC

Dee Lewis on Dec 19th 2007


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ANNETTE LEIN file photo

Water runs down from an underground spring on a hill forming a pond near Modock Road in Victor. By some accounts, New York is at the cutting edge on a hot-button environmental concern. Others say it was tardy and has years of work to do.

Vapor intrusion may be crucial test for DEC

 

Steve Orr
Staff writer

 

(December 16, 2007) — By some accounts, New York is at the cutting edge on a hot-button environmental concern. Others say the state was tardy and has years of work to do.

At issue is vapor intrusion, a phenomenon in which chemical vapors can rise from underground contamination and accumulate in buildings, putting occupants at risk.

Under the state Department of Environmental Conservation’s program, hundreds of sites around the state are under study for evidence of vapor intrusion.

To date, more than 1,200 homes or other buildings in New York have needed measures to alleviate toxic vapor intrusion. Nearly half are in Endicott, Broome County, where the vapor intrusion issue rose to prominence in 2003.

Six are in Victor, where the DEC continues to explore groundwater contamination found in 1990.

But the program, begun soon after the extent of problems in Endicott became known, remains a work in progress. Studies have been completed at only about 20 percent of the old waste disposal sites that New York set out to examine.

Hundreds more sites, including dozens in the Rochester area, await a DEC assessment to determine whether building occupants have anything to fear from below-ground vapors.

Those efforts should have begun sooner, some say.

“It’s really just a huge mistake on the agency’s part,” said Anne Rabe, a longtime environmental activist who is a campaign coordinator for the Center for Health, Environment & Justice.

“Under Governor (George) Pataki, there was a political determination to cut back on looking at off-site contamination. It was a more industry-friendly program. They cut corners, and they created these Endicott sites — by not investigating vapor intrusion.”

Denise Sheehan, the DEC commissioner in the last two years of the Pataki administration, said experts in New York and elsewhere did not recognize the threat posed by toxic vapors until a few years ago. “You have to respond to the science. Over the years, the science has changed,” she said.

Current DEC commissioner Pete Grannis, appointed in April by first-year Gov. Eliot Spitzer, said he is not sure the agency was late getting to the issue.

“Should they have been more aggressive sooner? Possibly,” said Grannis, who dealt with environmental issues as a member of the state Assembly. “I’m a big believer in us being ahead of the curve, (but) I don’t think anybody truly understood the breadth of and the concerns about vapor intrusion.”

Today, he said, the DEC has “the most far-reaching and aggressive vapor intrusion investigative program in the country.”

Lenny Siegel, an environmental activist in California who advises groups about vapor intrusion, praised New York’s program as “leading edge” at a recent public forum in Albany.

Issue developed slowly

For years, experts in New York and elsewhere had known that vapors from chemicals in the soil or groundwater could infiltrate buildings. Public health concerns at Love Canal in Niagara County in the late 1970s were based partly on fear of toxic vapors, and neighborhoods around Kodak Park in Rochester had extensive vapor-intrusion testing in the late 1980s.

During the 1990s, however, vapor intrusion remained a low-profile concern at New York toxic spill and dump sites.

That ended around 1999, when officials at the DEC and the state Department of Health took note of new findings in other states. This research held that vapors, especially from the industrial solvent trichloroethene, or TCE, were much more likely to rise through soil than had been thought. Research also showed that the method used to evaluate sites for vapor intrusion potential was inaccurate.

TCE, once widely used for metal degreasing and other purposes, may cause cancer and other health problems in people exposed to high-enough doses.

The vapor intrusion issue hit the headlines in New York in February 2003, when officials announced that testing had found TCE vapors seeping into the basements of homes and commercial buildings in Endicott from spills at a former IBM Corp. facility.

Later in 2003, the DEC and Health Department launched their major program to look for vapor intrusion at waste disposal sites, including 421 older sites where cleanup decisions had already been made.

DEC officials began poring through records of older waste sites, some of them uncovered two decades ago, to assess the possibility of vapor intrusion. Field testing often followed.

Evaluations have been completed at 89, or 21 percent, of the 421 older sites, according to a summary provided by the DEC Thursday. Work is under way at 66 percent of the sites and hasn’t started at 13 percent.

Findings at more than 20 of the sites led to installation of ventilation systems to collect vapors from below basement slabs before they can enter the buildings.

Decisions about ventilation systems are based largely on field testing, which New York relies on more than some states. Vapor tests are done beneath the building foundation, in the basement and on the first floor.

In total, work to address vapor intrusion has been done at 1,240 structures in New York, according to a recent Health Department summary. Sub-basement ventilation systems have been installed at 972 homes or other residential buildings and at 32 commercial structures.

A first round of vapor testing was completed this fall at a Gates neighborhood where groundwater is contaminated with trichloroethene. The TCE came from a leaking storage tank discovered at a factory two decades ago.

Six homes in the neighborhood required ventilation systems, the DEC concluded, and more testing is planned.

“I’m not unduly worried,” said Bill Winchell, who had nothing but praise for the state workers who plan to install a ventilation system under his basement.

“Having been here for 12 years, I never detected anything unusual, so it all came as a surprise that there’s possibly a problem. That’s what they’re doing — they’re saying there’s a remote possibility there’s a problem, so let’s fix it.”

SORR@DemocratandChronicle.com

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TCE suit on track, despite setback

Dee Lewis on Dec 4th 2007

TCE suit on track, despite setback

Costly fight ‘is worth the wait,’ advocate says

By Tom Wilber
Press & Sun-Bulletin

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ENDICOTT — Lawyers and their clients claiming damages from IBM pollution said they are disappointed after nearly four years of settlement talks proved fruitless, but they are confident they will prevail after the case goes to court.

IBM representatives would not comment on the case, but based on IBM’s final offer — less than 3 percent of plaintiffs’ claims — company lawyers also like their chances in court.

IBM offered $3 million to settle more than $100 million in health and property claims related to pollution from the company’s former microelectronics plant on North Street, effectively ending negotiations this month as plaintiffs prepare to file a lawsuit in January.

All involved in the case can expect an expensive and exhausting fight likely to last years longer as the case enters a new phase, said David Driesen, a professor at Syracuse University Law School.

Bernadette Patrick, a client and advocate who was among the first to organize affected residents after the problem was discovered in 2003, is prepared for an extensive fight.

“The bottom line is, we want some kind of resolution. Not a quick fix,” she said. “It’s not just about attorneys coming here and making a lot of noise.”

If the case is decided in a trial, those attorneys will be spending a lot of money. In toxic tort cases like this one, plaintiffs’ attorneys fund their own work and take their pay at the end from any awards their clients win.

Stephen G. Schwarz, a lawyer with the Rochester firm of Faraci & Lange, would not say how much legal teams from five law firms have collectively invested in the case since they began signing on clients in 2003. But it’s “a drop in the bucket” compared to the cost of bringing the case to trial, he said.

Driesen, who is not involved in the IBM case, added that large corporations with deep pockets can take legal strategies designed to prolong the case and wear down opponents.

“It’s pretty common for companies to throw a lot of resources (into the case) to create a lot of work for the plaintiffs,” he said.

The claims, from nearly 1,000 clients, stem from a subterranean plume of trichloroethylene (TCE) found to be creating vapors wafting into more than 480 homes and buildings near the plant. Exposure to the chemical is linked to illnesses ranging from cancer to brain damage, but the amount posing calculable risks is debatable.

In 2005, state health officials documented an unexplained elevation of certain cancers and birth defects in areas affected by pollution south and southwest of the plant.

The process that allows each side to gather information to build their cases, called discovery, can take years in a case involving the size and complexity of the IBM pollution case. During discovery, the plaintiffs will get access to IBM records and witnesses to gain a better understanding of the pollution, including how it got there, when and what IBM knew about it.

The defendants typically gather exhaustive health histories on people making claims in an effort to prove their illnesses could be caused by other things.

As this process unfolds, information may come to light that brings the two sides back to the negotiating table.

“As they get to know each other, it can narrow the gaps between their perceptions and what the case is worth,” Driesen said.

Patrick — who unknowingly lived in the polluted area as she raised a daughter who developed Hodgkin’s disease at the age of 17 — said the IBM settlement offer falls way short.

“It deserves so much more than that, and it is worth the wait,” she said.

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Negotiations fail on IBM pollution; lawsuit planned

Dee Lewis on Nov 29th 2007

By Tom Wilber
Press & Sun-Bulletin

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ENDICOTT — Negotiations to settle more than $100 million in health and property claims related to pollution from the former IBM factory have failed, leaving attorneys representing nearly 1,000 area clients planning to file a lawsuit against the company in January.

IBM’s offer of $3 million to settle all claims, with a release from further action, fell well short of expectation, according to a letter dated Nov. 27 from Levene Gouldin & Thompson to clients.

The plaintiffs will move ahead with litigation “based on these very disappointing developments, especially in light of more than three years we had spent meeting with IBM in what we always assumed was good faith bargaining,” the letter states.

A group of lawyers representing the plaintiffs are meeting in Philadelphia Thursday to plan the next step.

According to the letter, the $3 million did not include personal injury claims, which IBM believes are without merit. But the settlement would include a provision that would release the company from those claims, anyway.

The claims stem from a subterranean plume of trichloroethylene (TCE) found to be creating fumes and wafting into homes and buildings near the plant.

Lawyers for IBM cited changes in the company’s management that created “a new attitude … concerning claims arising from chemical contamination, and the type of litigation through which contamination claims are asserted and resolved,” according to the letter.

IBM representatives could not be reached Wednesday night. In the past, the company has declined to comment on litigation as a matter of company policy.

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Bush vetoes funds for IBM cancer study

Dee Lewis on Nov 22nd 2007

Bush vetoes funds for IBM cancer study

Hinchey still hopeful $3.2M will be approved in future bill

By Tom Wilber
Press & Sun-Bulletin

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President Bush vetoed a spending bill this week that would have funded a $3.2 million cancer-rate study of IBM workers in Endicott.

The measure, championed by U.S. Rep. Maurice Hinchey, D-Hurley, included language directing the National Institute of Occupational Safety and Health to conduct the IBM study using funds in this year’s budget. It was part of a $150.7 billion Labor Health and Education appropriation bill vetoed on Monday.

Congressional proponents of the bill will have to go back to the drawing board after failing to muster enough votes for an override.

Hinchey, a member of the Appropriations Committee, said the IBM study will remain a priority and any new spending measure should contain a similar clause ensuring its funding.

“We feel pretty comfortable this will be OK,” Hinchey spokesman Jeff Lieberman said Friday. Continue Reading »

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Statewide group forming to stop toxic vapors

Dee Lewis on Nov 22nd 2007

Statewide group forming to stop toxic vapors

By Jay Gallagher
Gannett News Service

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ALBANY — About 20 activists concerned about the hazards of toxic vapors seeping into homes and schools are forming a statewide group to pressure New York to do more to take care of the problem.

The activists from Ontario, Broome, Tompkins, Dutchess and Niagara counties — as well as other parts of the state — want state officials to do more to try to detect hazards, and then take steps to take care of them.

“When you don’t test, you don’t know if wells are contaminated,” said Debra Hall of a Dutchess County group called Hopewell Junction Citizens for Clean Water. “If you test, you will find. If you find, you can fix.”

“We need to organize and create a collaboration,” added Mike Barry of Victor, Ontario County, whose home has been measured as having high levels of vapors from trichloroethylene, or TCE. Continue Reading »

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