SUBJECT:

PURPOSE:

Chapter 1 of the Laws of 2003 establishing the Brownfield Cleanup Program (BCP) provided for the refinancing of the State Superfund program and a comprehensive program for the long-term restoration of groundwater. The groundwater provisions of the new program are based on experience at various sites under New York's Superfund and Oil Spill cleanup programs. The intent was to address the shortcomings of those programs by providing for the investigation and pursuit of off-site migration of contamination, particularly through groundwater plumes, in order to eliminate human exposure.

The vaporization of contaminants from soil and groundwater impacting indoor air has occurred at several State Superfund sites and has the potential to be a problem at brownfield sites. While both the New York State Department of Environmental Conservation and United States Environmental Protection Agency are considering draft guidance that sets standards for vapor intrusion, neither agency has issued final guidance. Vapor intrusion should also be considered during the development of generic soil cleanup standards under the BCP.

The purpose of this hearing is to examine issues concerning the vaporization of contamination from soil and groundwater and resulting human exposure, and to determine what lessons can be learned from experience in order to properly address vapor intrusion in the future. The Committee will take testimony from various witnesses including panels of federal, state and local government officials, public health and environmental experts and citizens representing affected communities.

Oral testimony will be accepted by invitation only and limited to 5 minutes duration. Ten copies of any prepared testimony should be submitted at the hearing registration desk. The Committee would appreciate advance receipt of prepared statements. Written testimony will also be accepted and may be sent to the contact person listed on the reply form. In order to further publicize the hearing, please inform interested parties of the Committee's interest in receiving written testimony from all sources.

In order to meet the needs of those who may have a disability, the Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

Thomas P. DiNapoli, Member of Assembly
Chairman, Committee on Environmental Conservation

PUBLIC HEARING REPLY FORM

Persons invited to present testimony at the public hearing on the Vaporization of Contamination from Soil and Groundwater to be held on November 15, 2004, or who wish to submit written testimony only, are requested to complete and return this reply form by November 4, 2004 by mail or fax to:

Jeff O'Donnell
Committee Assistant
New York State Assembly
Program & Counsel Staff
Capitol/ Room 520
Albany, NY 12248
Email: odonnej@assembly.state.ny.us
Phone: (518) 455-4363, Fax: (518) 455-5182

(It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation.)

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