BILL NUMBER: S7985

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the environmental conservation law and the public health
law, in relation to establishing emission standards, soil-lead hazard
standards and lead dust hazard standards

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect the public health and children by enacting stricter emission
standards for lead in ambient air and stricter hazard standards for
lead-contaminated soils and lead dust on floors, window sills and window
troughs.

 
SUMMARY OF PROVISIONS:

Section 1 establishes legislative findings and intent.

Section 2 adds a new paragraph nn to subdivision 1 of section 3-0301 of
the environmental conservation law, directing the commissioner of envi-
              

ronmental conservation, in consultation with the commissioner of health,
to adopt environmental standards and rules having the force and effect
of standards to carry out the purposes of such standards, which require:

(1) that a soil-lead hazard for an area containing lead-contaminated
soil shall be a level of lead contamination greater than two hundred
parts per million for bare soil on (i) residential property, (ii) the
property of a child occupied facility and (iii) a children's play area;
and a level greater that one thousand parts per million for

(iv) bare soil in the rest of the yard based on soil samples and (v) for
areas zoned for commercial and/or industrial development.

(2) that a dust-lead hazard as defined in part 40 code of federal regu-
lations section 745.65(b) shall be a level greater than three micrograms
per square foot for floors and a level greater than twenty micrograms
per square foot for window sills and a level greater than twenty-five
micrograms per square foot for window troughs; and that dust-lead clear-
ance levels for these hazards, as defined in 40 code of federal regu-
lations 745.223, shall be set at the same levels.

(3) that the average ambient air quality standard for lead, calculated
as a rolling three month average, shall not be greater than .075 micro-
grams per cubic meter.

Section 3 adds a new subdivision 31 to Section 206 of the public health
law directing the commissioner of health, upon request of the commis-
sioner of environmental conservation, to consult with such commissioner
on the creation and adoption of dust-lead hazard standards for lead
concentrations in lead-contaminated soil, lead dust concentrations on
floors and window sills and window troughs, and lead dust emissions in
ambient air.

Section 4 states that the effective date shall be the ninetieth day
after it shall have become law, and effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the

implementation of this act on its effective date are authorized to be
made and completed on or before such date.

 
JUSTIFICATION:

This bill will make New York State a leader in protecting the public and
children from the harmful effects of exposure to dust-lead hazards. It
establishes strict new hazard standards for lead emissions in ambient
air, lead contamination in soil and lead dust on floors and window sills
and window troughs.

In 2012 the federal Center for Disease Control (CDC) stated that there
is no known safe blood lead level for children under six and determined
that 5 micrograms per deciliter of blood would be sufficient to trigger
a public health response, one-half of the level of 10 micrograms per
deciliter that had been previously targeted by the federal Environmental
Protection Agency as a safe blood lead level for- children. In October
2021 the CDC updated the lead blood level reference value (BLRV) to 3.5
micrograms per deciliter. to identify children with lead blood levels
that are higher than most children and in need of remedial action.

In December 2017, the United States Court of Appeals for the Ninth
Circuit granted a petition for mandamus against the Environmental
Protection Agency which had been brought by a coalition of environmental
advocates and organizations (In Re a Community Voice v.  US Environ-
mental Protection Agency, 878 F3d 779). The court ruled that the EPA had
a duty under the federal Toxic Substance Control Act and the federal
"Paint Hazard Act" to update the standards for lead-based paint and
dust-lead hazards.

In 2019 the EPA adopted new standards for dust-lead hazards: 10
micrograms/sqft for floors and 100 micrograms/sqft for windows. (40 CFR
Part 745, Fed. Reg. Vol. 84, No. 131, effective January 6, 2020).  The
EPA took no action with respect to dust-lead hazards in lead-contaminat-
ed soil or lead dust emissions in ambient air.

Again, on June 24, 2020, the EPA announced a proposal to reduce the
amount of lead that can remain in dust on floors and window sills after
lead removal activities to protect children from the harmful effects of
lead exposure. The agency proposed to lower the dust-lead post abatement
(clearance) levels of lead that can remain on floors and window sills
from 40 micrograms (pg) of lead in dust per square foot (ft2) to 10
pg/ft2 for floor dust and from 250 pg/ft2 to 100 pg/ft2 for window sill
dust. (85 Fed. Reg. 37810 6/24/20).

In 2021 the Court of Appeals for the Ninth Circuit. remanded the 2019
EPA rule and directed the agency to further update its rules on dust-
lead hazards and dust-lead clearance levels. The court noted that the
EPA still had taken no action on soil-lead hazard standards. (in Re A
Community Voice, 997 F3d 983).

In July 2023 the EPA proposed new rules for dust-lead hazard standards
and dust-lead clearance levels. The new standard for dust-lead hazards
was any reportable level greater than zero, as analyzed by any laborato-
ry recognized by the EPA's National Lead Laboratory Accreditation
Program.


The new standard for dust-lead clearance levels, which was de-coupled
from the dust-lead hazard standard, consisted of numerical standards and
added window troughs: three micrograms/sqft for floors; twenty
micrograms/sqft for window sills; and twenty-five micrograms/sqft for
window troughs.

The proposed EPA standard for dust-lead hazards (any reportable level
greater than zero) has been criticized by a number of health departments
and other organizations as too difficult in some cases to achieve and
causing confusion because it may result in different results in differ-
ent areas and is not the same as the dust-lead clearance level.

The instant New York bill adopts the same EPA numerical standards for
both dust-lead hazards and dust-lead clearance levels to avoid confusion
between the two proposed EPA standards.

As noted, the EPA took no action with respect soil-lead hazard, which is
defined in the EPA regulations as "bare soil on residential property or
on the property of a child occupied facility that contains lead equal to
or exceeding 400 parts per million in a play area or average of 1,200
parts per million of bare soil in the rest of the yard based on soil
samples." (40 CFR Part 745.65 (c), 66 Fed Reg. 1237 1/5/2001).

This standard, adopted in 2001, is completely out of date and does not
reflect the CDC recommendation for lowering the reference level of lead
in children's blood levels that would trigger a public health response.

The instant bill reduces the level of soil-lead hazard to 200 parts per
million for residential property, the property of a child occupied
facility and children's play areas and 1,000 parts per million for bare
soil in the rest of the yard and areas zoned for commercial and/or
industrial development, to reflect the change in the CDC recommendation.

The EPA has not made any changes in the National Ambient Air Quality
Standards for Lead (NAAQS) since November 12, 2008 (Fed. Reg. Vol.  73,
No. 219). The 2008 revision reduced the acceptable lead level of ambient
air quality to .15 micrograms per meter cubed, "to provide requisite
protection of public health and welfare," four years before the Centers
for Disease Control lowered the hazardous blood level reference value
for children from 10 micrograms per deciliter to 5 micrograms per decil-
iter in 2012 (now 3.5 micrograms per deciliter).

The instant bill reduces the acceptable lead level of ambient air quali-
ty to .075 micrograms per meter cubed to reflect the reduction of
hazardous lead blood level for children as recommended, by the CDC.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

none

 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become
law

                                 
BILL NUMBER: S7985A

SPONSOR: CLEARE
 
TITLE OF BILL:

An act directing the departments of environmental conservation and
health to establish environmental standards for ambient lead and lead
contamination in soils; and providing for the repeal of such provisions
upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect the public health, especially that of children, by directing
the Department of Environmental Conservation and Department of Health to
propose stricter standards for lead dust contamination in soil and on
floors and windowsills.

 
SUMMARY OF PROVISIONS:

Section 1 details legislative findings, including a) that there is a
need to establish state standards for lead dust contamination in soil,
and on floors and windowsills and b) that current regulatory standards
              

are inadequate to protect the public and especially children. Directs
the Commissioner of Environmental Conservation in consultation with the
Commissioner of Health to adopt effective protective standards for lead
dust contamination.

Section 2a establishes a deadline of March 31, 2025 for which the
Department of Environmental Conservation and Department of Health shall
propose new standards that are sufficiently protective of human health,
while taking into consideration CDC recommendations on the matter.

Section 2b establishes a deadline of June 1, 2025 for which the Depart-
ment of Environmental Conservation and Department of Health shall issue
a report describing the status of the rulemaking process and the health
improvements expected as a result of their enactment.

Section 3 states that the act shall take effect on the ninetieth day
after it shall have become law AND enacts an immediate repealer on July
1, 2025.

 
JUSTIFICATION:

This bill is a meaningful step in protecting the public, and especially
children, from the harmful effects of exposure to dust-lead hazards. It
directs the Department of Environmental Conservation and Department of
Health to establish more rigorous contamination standards. Over the last
decade, there have been a number of lawsuits and research efforts that
have substantially expanded the legal and scientific basis of our under-
standing of lead contamination. Taking these developments into consider-
ation, DEC and DoH can bring New York to the forefront of protective
standards for the public health of its citizens, especially those living
in vulnerable areas and those who are too young to protect themselves.

In 2012 the federal Center for Disease Control (CDC) stated that there
is no known safe blood lead level for Children under six and determined
that 5 micrograms per deciliter of blood would be sufficient to trigger
a public health response, one-half of the level of 10 micrograms per
deciliter that had been previously targeted by the federal Environmental
Protection Agency as a safe blood lead level for- children. In October
2021 the CDC updated the lead blood level reference value (BLRV) to 3.5
micrograms per deciliter. This figure is used to identify children with
lead blood levels that are in need of remedial action.

In December 2017, the United States Court of Appeals for the Ninth
Circuit granted a petition for mandamus against the Environmental
Protection Agency which had been brought by a coalition of environmental
advocates and organizations (In Re a Community Voice v.  US Environ-
mental Protection Agency, 878 F3d 779). The court ruled that the EPA had
a duty under the federal Toxic Substance Control Act and the federal
"Paint Hazard Act" to update the standards for lead-based paint and
dust-lead hazards.

In 2019 the EPA adopted new standards for dust-lead hazards: 10
micrograms/sqft for floors and 100 micrograms/sqft for windows. (40 CFR
Part 745, Fed. Reg. Vol. 84, No. 131, effective January 6, 2020).The EPA
took no action with respect to dust-lead hazards in lead-contaminated
soil or lead dust emissions in ambient air.

Again, on June 24, 2020, the EPA announced a proposal to reduce the
amount of lead that can remain in dust on floors and windowsills after
lead removal activities to protect children from the harmful effects of
lead exposure. The agency proposed to lower the dust-lead post abatement
(clearance) levels of lead that can remain on floors and windowsills
from 40 micrograms (pg) of lead in dust per square foot (ft2) to 10 pg/f
t2 for floor dust and from 250 pg/ft2 to 100 pg/f t2 for windowsill
dust. (85 Fed. Reg. 37810 6/24/20).

In 2021 the Court of Appeals for the Ninth Circuit remanded the 2019 EPA
rule and directed the agency to further update its rules on dust-lead
hazards and dust-lead clearance levels. The court noted that the EPA had
not yet taken action on soil-lead hazard standards.  (in Re A Community
Voice, 997 F3d 983).

In July 2023 the EPA proposed new rules for dust-lead hazard standards
and dust-lead clearance levels. The new standard for dust-lead hazards
was any reportable level greater than zero, as analyzed by any laborato-
ry recognized by the EPA's National Lead Laboratory Accreditation
Program.

The new standard for dust-lead clearance levels, which was de-coupled
from the dust-lead hazard standard, consisted of numerical standards and
added window troughs: three micrograms/sqft for floors; twenty
micrograms/sqft for windowsills; and twenty-five micrograms/sqft for
window troughs.

The greater than zero) has been criticized by a number of health depart-
ments and other organizations as too difficult to achieve in some cases.
They also argue that it causes confusion because it may result in
different results in different areas and is not the same as the dust-
lead clearance level.

New York should adopt the same EPA numerical standards for both dust-
lead hazards and dust-lead clearance levels to avoid confusion between
the two proposed EPA standards.


As noted, the EPA took no action with respect soil-lead hazard, which is
defined in the EPA regulations as "bare soil on residential property or
on the property of a child occupied facility that contains lead equal to
or exceeding 400 parts per million in a play area or average of 1,200
parts per million of bare soil in the rest of the yard based on soil
samples." (40 CFR Part 745.65 (c), 66 Fed Reg. 1237 1/5/2001).

This standard, adopted in 2001, is completely out of date and does not
reflect the CDC recommendation for lowering the reference level of lead
in children's blood levels that would trigger a public health response.

The EPA has not made any changes in the National Ambient Air Quality
Standards for Lead (NAAQS) since November 12, 2008 (Fed. Reg. Vol.73,
No. 219). The 2008 revision reduced the acceptable lead level of ambient
air quality to .15 micrograms per meter cubed, "to provide requisite
protection of public health and welfare," four years before the Centers
for Disease Control lowered the hazardous blood level reference value
for children from 10 micrograms per deciliter to 5 micrograms per decil-
iter in 2012 (now 3.5 micrograms per deciliter).

By directing the Department of Environmental Conservation and the
Department of Health to review these federal developments and create
standards which reflect the best interests of our communities, New York
will become an immediate leader in public health standards as they
relate to lead contamination.

 
PRIOR LEGISLATIVE HISTORY:

In 2022, A5541-B passed both chambers and was vetoed.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become
law.

                                 
BILL NUMBER: S7985B

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the environmental conservation law and the public health
law, in relation to establishing air quality standards for lead in ambi-
ent air, soil-lead hazard standards for lead-contaminated soil, and
dust-lead hazard standards and dust-lead clearance levels for floors and
windows and window troughs

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect the public health, especially that of children, by establish-
ing stricter standards for lead dust contamination in soil and on floors
and windowsills.

 
SUMMARY OF PROVISIONS:

Provides for the establishment of air quality standards for lead in
ambient air, soil-lead hazard standards for lead-contaminated soil, and
dust-lead hazard standards and dust-lead clearance levels for floors and
              

windows and window troughs.

 
JUSTIFICATION:

There is no amount of lead exposure that is safe, particularly for chil-
dren. The past few years have seen action at the Federal EPA Level and
as well in various states to establish standards that recognize what
science, health and life experience tell us. Thus, this bill sets air
quality standards for lead in ambient air, soil-lead hazard standards
for lead-contaminated soil, and dust-lead hazard standards and dust-lead
clearance levels for floors and windows and window troughs

 
PRIOR LEGISLATIVE HISTORY:

In 2022, Similar Legislation--A5541-B passed both chambers and was
vetoed.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become
law.