(BINGHAMTON, NY) – A health assessment on trichloroethylene (TCE) released by the Environmental Protection Agency (EPA) earlier this week finds that the chemical causes cancer, among several other health risks. Assemblywoman Donna Lupardo (D-Endwell) contends that the study makes a strong case for legislation she authored (A.3121/S.2025) to have New York State adopt more protective standards for exposure to the chemical, which is commonly used as an industrial solvent.

On September 26, 2011, Lupardo joined 35 other environmental advocates who sent a letter urging the EPA to immediately release the TCE toxicological review, which has been under review for more than a decade. Two days later, the EPA complied and released the long-awaited study.

The final assessment characterizes the chemical as carcinogenic to humans. In addition, the assessment finds that TCE affects the central nervous and immune systems, the kidneys and liver, male reproductive organs and the developing fetus.

“With the EPA’s findings about TCE’s health risks, it’s now clearer than ever that we need a stricter approach to protect people from exposure to this toxic chemical,” said Lupardo. “This report is a positive step that will lead to stronger protections from vapor intrusion and help improve cleanup methods at TCE-contaminated sites.”

Lupardo introduced her legislation after testifying on TCE before the U.S. Senate Committee on Environment and Public Works in 2008. In her testimony, she made the case for federal leadership in setting a uniform TCE standard and put an end to a confusing hodgepodge of individual state guidelines and arbitrary regulations.

However, in the absence of action by the EPA, she felt compelled to introduce her own legislation in New York. Her legislation would require the New York State Department of Health (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 helped craft 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 mcg/m3 was not based on the most protective assumptions supported by science. “

In developing its guideline for TCE, the DOH made a number of choices that resulted in a less protective standard, including the choice not to consider the epidemiologic studies used by the EPA in its 2001 draft assessment. As a result, the DOH guideline is two orders of magnitude higher that the most risk-based concentrations for TCE in air developed by California, Colorado, New Jersey, and several EPA regional offices which range from 0.016 to 0.2 mcg/m3.

Furthermore, New York changed its TCE guideline in 2003 (from 0.22 mcg/m3 to 5.0 mcg/m3) in the midst of the IBM cleanup leaving many homeowners confused and frustrated because they were no longer eligible for ventilation systems.

The New York State Chemical Alliance opposes Lupardo’s legislation and has lobbied against it. Her bill is in currently in committee in both the Assembly and Senate, where it is sponsored by Senator Daniel Squadron (D-Manhattan).

“The affects of TCE are widespread and significant,” said Lupardo. “We’ve waited over a decade for action in Washington, and now we can’t afford to wait any longer. New York needs to take the lead in adopting stronger TCE standards.”

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).