Professional Documents
Culture Documents
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water limit, following New Jerseys proposed rule which would provide its residents with the
strongest protection in the nation against PFOA.14
2. New York Needs to Aggressively Act On Other Likely Carcinogens That Are In Our
Drinking Water -- Protect New Yorkers from 1,4 Dioxane, Chromium-6 (the Erin
Brockovich chemical), and Other Likely Carcinogens Present in Drinking Water
Recent testing has shown high levels of likely carcinogen 1,4 dioxane15 in 71% of water
districts tested on Long Island compared to 7% nationally,16 and this chemical has been found in
elevated concentrations in the infamous Northrup Grumman plume.17 Other likely carcinogens
have also been detected in New York water supplies,18 and chromium-6, the chemical that
inspired the film Erin Brockovich,19 has been found in water supplies in the Hudson Valley,
Long Island, and New York City.20
While New York is supporting research into treatment methods that can remove toxins
like 1,4 dioxane from water,21 multiple states including California, Massachusetts, and New
Hampshire (for dioxane) and California (for chromium-6) have taken regulatory action to
protect their residents from these toxins.22 Governor Cuomo recently called on the federal
Environmental Protection Agency (EPA) to set a 1,4 dioxane standard and said New York will
do so if the EPA does not act in three months.23 Rather than waiting for the EPA, New York
should set drinking water limits for these chemicals to ensure the strongest protection and spark
further development of practical treatment methods.
3. New Yorkers Need Greater Protection From Contaminants Flagged By Other States
and the EPA -- Proactively Protect New Yorkers from Known Toxins
Instead of waiting for evidence to pile up in other states, New York should immediately
review accepted lists of known, toxic contaminants and inform the public what action New York
is taking to protect residents from each toxin. Further, if four states have established state-level
guidance for a certain contaminant, New York should also be required to provide guidance. This
is especially important as new chemicals continue to be discovered around former industrial
facilities in Hoosick Falls, on Long Island, and elsewhere.24
4. One-Third of New Yorkers Are Drinking Water that Isnt Fully Tested -- Test All
Water Supplies; Not Just the Largest Ones and Make the Results Public
New York should expand testing of wells and water systems beyond the limited testing
required under federal rules that exempt small systems that serve one-third of New Yorkers,25 as
called for by the Senate Democratic Conference and Governor Cuomo.26 Expanded testing
should ensure review for known contaminants and newly covered systems should be provided
with financial and technical support.
New York also needs to do more to ensure all residents get accurate, timely information
about the safety of their drinking water. New York should strengthen the timetable and means
by which water safety information is provided to residents, including to ensure all impacted
residents receive test results and provide state support to small localities to make accurate and
timely notifications.
5. With the EPA Under Threat, Theres No Dedicated Water Safety Regulator or
Meaningful Public Role in New York -- Establish a State Agency with a Citizen Voice
for Water Safety
3
States including Washington, Virginia and New Jersey have Offices of Drinking Water
that focus on public water issues.27 Following its water contamination crisis, Flint, Michigan
established a Water Advisory Committee comprised of residents, business owners, and elected
officials to provide a framework for citizen involvement in water safety planning.28 New York
should create an Office of Water Safety that includes a structure for citizen involvement to
ensure the people drinking our water have a voice in how it is protected.
6. New Yorks Water Infrastructure is Crumbling and Localities Need Help -- Provide
Funding and Support for Localities Water Infrastructure Projects
As localities across the state face significant water infrastructure issues,29 substantially
increased funding for water infrastructure along with planning and state support is the best way
to ensure that infrastructure investments protect citizens. As New York Department of
Environmental Conservation Commissioner Basil Seggos testified earlier this week, a $2 billion
investment in water infrastructure is an important start, but New York will need to go further.30
To assist localities with local water infrastructure planning, Kentucky instituted a
statewide water planning initiative including regional Water Management Councils that prioritize
and coordinate local water infrastructure projects.31 A statewide geo-database provides further
support.32 Along with substantial new funding for water infrastructure, New York should
provide similar assistance to help localities deploy that funding.
7. More Tests Are Showing Lead in School Water, and Daycares Are Not Being Tested --
Lead the Way on Protecting Kids from Lead
While last years first-in-the-nation law provided for lead testing in school water
supplies, other states have highlighted that daycare facilities should also be tested.33 Expanding
New Yorks school lead testing law to cover daycares and ensuring that tests conducted under
these laws are performed properly34 will further protect New Yorks children.
In addition, as lead is discovered in more school facilities pursuant to newly required
tests,35 localities will need assistance identifying the appropriate steps to take to remediate health
threats and repair local water systems. Lansing, Michigan36 and Madison, Wisconsins37 system-
wide projects to replace all lead pipes and other successful projects nationwide provide lessons
that New York can follow in designing our response to water contamination. State experts are in
the best position to help schools and localities evaluate local threats and advise on successful
approaches and lessons learned in other states.
4
1 See, e.g., United States Environmental Protection Agency (U.S. EPA). Basic Information about Per- and Polyfluoroalkyl
Substances (PFASs): Health Effects. Available at https://www.epa.gov/pfas/basic-information-about-and-polyfluoroalkyl-
substances-pfass#tab-3; U.S. EPA. Hoosick Falls Water Contamination. Available at https://www.epa.gov/ny/hoosick-falls-
water-contamination; Waldman, Scott. High levels of PFOA found in dumps in Hoosick Falls, Petersburgh. PoliticoNewYork.
7 July 2016; Bernocco, Amanda. EPA Warns About Potential Contaminants In Drinking Water Wells South Of Gabreski
Airport In Westhampton. Southampton Press. 22 Jul. 2016; McKinley, Jesse. Military Base Near Newburgh is Made a
Superfund Site Over Tainted Water. N.Y. Times. 12 Aug. 2016.
2 See, e.g., Waldman, Scott. New Hoosick Falls blood test results show PFOA levels at 30 times the national average.
PoliticoNewYork. 4 Aug. 2016; Lyons, Brendan J. Top Stories 2016: PFOA water pollution in Hoosick Falls. Times Union. 30
Dec. 2016.
3 See, e.g., McLogan, Jennifer. Long Island Residents Worry About Carcinogenic Chemical In Water. CBELocal/CBS2New
York State, Office of Governor Andrew M. Cuomo. Governor Cuomo Announces DEC to Hold Northrop Grumman and U.S.
Navy Liable for Groundwater Contamination on Long Island. 3 Aug. 2016.
6 American Society of Civil Engineers New York State Council. 2015 Report Card for New York States Infrastructure. Sept.
contamination; Waldman, Scott. High levels of PFOA found in dumps in Hoosick Falls, Petersburgh. PoliticoNewYork. 7 July
2016; Bernocco, Amanda. EPA Warns About Potential Contaminants In Drinking Water Wells South Of Gabreski Airport In
Westhampton. Southampton Press. 22 Jul. 2016; McKinley, Jesse. Military Base Near Newburgh is Made a Superfund Site
Over Tainted Water. N.Y. Times. 12 Aug. 2016.
10 See, e.g., New York State Department of Health. New York State Announces Hoosick Falls Full Capacity Water Filtration
http://www.dec.ny.gov/regulations/104968.html. These substances were added via emergency regulation; the final rules will
become effective in March 2017. See NYS DEC. Adoption of Final Rule: 6 NYCRR Part 597. Available at
http://www.dec.ny.gov/regulations/104968.html.
5
12 See, e.g., U.S. EPA. Drinking Water Health Advisory for Perfluorooctanoic Acid (PFOA). May 2016 at 13. Available at
https://www.epa.gov/sites/production/files/2016-05/documents/pfoa_health_advisory_final-plain.pdf; see also American Water
Works Association. Perflourinated Compounds: Treatment and Removal. Available at
http://www.awwa.org/Portals/0/files/legreg/documents/AWWAPFCFactSheetTreatmentandRemoval.pdf.
13 Office of Governor Andrew M. Cuomo. Governor Cuomo Announces Immediate State Action Plan to Address Contamination
James M. N.J. agency aims to reduce cancer-causing chemical in drinking water. USA Today. 23 Sept 2016. Available at
http://www.usatoday.com/story/news/nation-now/2016/09/22/nj-agency-aims-reduce-cancer-causing-chemical-drinking-
water/90881188/. The state recently accepted a proposal for a 0.013 ppb limit for PFNA, a related compound. See Hurdle, Jon.
DEP Accepts Plan to Curb Toxic Chemical in NJs Drinking Water. 11 Jan. 2017. Available at
http://www.njspotlight.com/stories/17/01/10/dep-accepts-plan-to-curb-toxic-chemical-in-nj-s-drinking-water/.
15 U.S. EPA. Technical Fact Sheet 1,4-Dioxane. Jan. 2014. Available at https://www.epa.gov/sites/production/files/2014-
Jennifer. Long Island Residents Worry About Carcinogenic Chemical In Water. CBELocal/CBS2New York. 10 Jan. 2017.
Available at http://newyork.cbslocal.com/2017/01/10/long-island-chemical-in-water/; News 12/Newsday report: Possible
carcinogen 1,4-dioxane found in LI water spurs push for stronger standard. News12LongIsland. 9 Jan. 2017. Available at
http://longisland.news12.com/news/news-12-newsday-report-probable-carcinogen-1-4-dioxane-found-in-li-water-spurs-push-for-
stronger-st-1.12903291
17 See, e.g., Bethpage, Massapequa, and Farmingdale Water Districts, Letter to Doug Garbarini, Chief NY Remediation Branch,
https://www.epa.gov/sites/production/files/2014-03/documents/ffrrofactsheet_contaminant_tcp_january2014_final.pdf;
Contaminants in Long Island Water (database). Newsday. 9 Jan. 2017 (Results for 1,2,3-Trichloropropane accessed on 10 Feb.
2017) Available at http://projects.newsday.com/databases/long-island/contaminants-water/;
https://www.health.ny.gov/environmental/investigations/mackenzie/health_consult_2013.pdf.
19
Andrews, David and Walker, Bill. Erin Brockovich Carcinogen in Tap Water of More than 200 Million Americans.
Environmental Working Group. Sept. 2016. Available at
https://static.ewg.org/reports/2016/chromium6/EWG_Chrome6Report_C06.pdf; Woyton, Michael. Hudson Valleys Drinking
Water Includes Toxin Made Famous by Erin Brockovich: study. Tarrytown Patch. 22 Sept. 2016.
20 See id.; Scutti, Susan. Should I worry about chromium-6 in my drinking water? CNN. 21 Sept. 2016.
https://www.epa.gov/sites/production/files/2014-03/documents/ffrro_factsheet_contaminant_14-dioxane_january2014_final.pdf.
New York has not established a 1,4 dioxane standard, leaving the standard in New York at the default level of 50 micrograms per
liter that applies to all unregulated contaminants, far below other states standards for 1,4 dioxane. See, e.g., Water Resarch
Foundation. 1,4 Dioxane White Paper. 2014 at 2. Available at
http://www.waterrf.org/resources/StateOfTheScienceReports/1,4-dioxane.pdf; Andrews, David and Walker, Bill. Erin
Brockovich Carcinogen in Tap Water of More than 200 Million Americans. Environmental Working Group. Sept. 2016.
Available at https://static.ewg.org/reports/2016/chromium6/EWG_Chrome6Report_C06.pdf
23 See Dooley, Emily. State: EPA needs to set drinking water standard for 1,4-dioxane. Newsday. 11 Feb. 2017 (noting
comments by the State Health Department Commissioner that New York will give the EPA three months to act before moving to
set a New York State standard).
24 See, e.g, Redick, Geoff. New and Potentially Deadly Health Concern Arises in Hoosick Falls. TWCNews/Spectrum News. 10
Feb. 2017; News 12/Newsday report: Possible carcinogen 1,4-dioxane found in LI water spurs push for stronger standard.
News12LongIsland. 9 Jan. 2017.
25 See 2.5 million New Yorkers are provided with untested water. PostOnlineMedia. 7 Sept. 2016.
26 See S.7297 (Hoylman) (2016, on file April 13, 2016); New Bill S.119 (2017); New York State Office of Governor Andrew M.
Cuomo. Governor Cuomo Calls for Aggressive New Water Quality Protections. 7 Sept. 2016. Available at
https://www.governor.ny.gov/news/governor-cuomo-calls-aggressive-new-water-quality-protections.
27 Washington State Department of Health. Office of Drinking Water.
2017 Joint Legislative Public Hearing on 2017-2018 Executive Budget Proposal. Available at
https://www.nysenate.gov/calendar/public-hearings/february-13-2017/joint-legislative-public-hearing-2017-2018-executive;
Hamilton, Matthew. New Yorks water infrastructure needs estimated at $80B over 20 years. TimesUnion. 13 Feb. 2017.
31 See, e.g., Kentucky Infrastructure Authority. Kentucky Water Management Plan. Feb 2015. Available at
http://wris.ky.gov/downloads/wmp/2015_WMP_Executive_Summary_Final.pdf.
32 Id.
33 See, Hawthorne, Michael. Illinois poised to require lead testing in schools, day care centers. Chicago Tribune. 10 Jan. 2017;
Griffeth, Carleigh . NC bill would require testing for lead in water at schools. WNCN/North Carolina News. 29 June 2016.
34 Although water in New York City daycares is supposed to be tested for lead, a recent audit showed that these tests were often
not being performed. See New York City, Office of Comptroller Scott M. Stringer. Comptroller Stringer: City Department Of
Health Failed To Ensure Water Was Tested For Lead At Nearly 60% Of Group Daycare Centers Examined. 24 June 2016.
Questions have also been raised about the performance of school lead tests. Taylor, Kate. Lead Tests on New York City
Schools Water May Have Masked Scope of Risk. N.Y. Times. 31 Aug. 2016.
35 See, e.g., Algar, Sam. NYC schools water has Flint-like lead levels. N.Y. Post. 2 Feb. 2017; Small, Eddie and Kapp, Trevor.
Lead Levels in Bronx Schools Water 16 Times Higher Than in Flint, Michigan. DNAInfo. 6 Feb. 2017; Cox, Robert. Six
More New Rochelle Schools Test Positive for Elevated Levels of Lead. New Rochelle Talk. 2 Sept. 2016; Herbeck, Dan,
Radlich, Jane Kwiatkowski, and Pignataro, T.J. Tests show high lead levels in water in 11 WNY school districts. Buffalo News.
21 Oct. 2016; Bump, Bethany. School water tests find lead. Times Union. 25 Oct. 2016.
36
Clark, Anna. The city that unpoisoned its pipes. Next City. 8 Aug. 2016.
37 Fears, Darryl and Dennis, Brady. One citys solution to drinking water contamination? Get rid of every lead pipe.