Binghamton – Legislation to adopt stronger trichloroethylene (TCE) standards that protect the public will be a top priority for Assemblywoman Donna Lupardo (D-Endwell) this year. She says that recent findings are helping to make the case for legislation she authored in 2008 that has been stalled by the lobbying efforts of the chemical industry.

A new study by the New York State Department of Health (DOH) links congenital heart problems, low birth weight and other birth defects to vapor intrusion of TCE from the IBM Endicott spill. Last year, a health assessment on TCE released by the Environmental Protection Agency (EPA) found that the chemical causes cancer, among several other health risks.

Lupardo introduced her legislation after testifying on TCE before the US Senate Committee on Environment and Public Works in 2008 about the need for federal leadership in setting a uniform TCE standard. Her legislation (bill A.3121 of 2012) would require the DOH to prescribe a maximum indoor air contaminant level for TCE based on the most protective underlying assumptions and cancer potency factor.

In 2006, Lupardo contributed to the Assembly report “Vapor Intrusion of Toxic Chemicals: An Emerging Public Health Concern.” That report found that “the New York State air guideline for TCE of 5.0 micrograms per cubic meter was not based on the most protective assumptions supported by science.

The new EPA assessment concludes that TCE is more toxic and carcinogenic than was previously assumed. The new TCE toxicity values will trigger reassessments of many regulatory standards, including drinking water, vapor intrusion and the cleanup of Superfund sites.

Lupardo is a member of the Environmental Conservation Committee in the Assembly. She has authored significant environmental laws concerning public notification of chemical spills (Ch. 616 of 2006) and tenant notification of contamination (Ch. 521 of 2008).