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Chemicals

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A new chemical rating system will inform people using dry cleaners in Suffolk. File photo

Customers will soon have more information about how their clothes are being cleaned.

The Suffolk County Legislature recently approved a new law that will require dry cleaners to share information with customers about the types of chemical solvents they are using and the environmental effects of those solvents.

County Legislator Kara Hahn (D-Setauket) had proposed the law, which passed on June 2. Under the new requirements, the county health department will categorize dry cleaning solvents, ranking “each chemical grouping based on both human and environmental impacts,” according to a press release from Hahn’s office.

From there, during the existing annual inspections for dry cleaners, county officials will provide the businesses with color-coded signs that “indicate the cleaning methods and solvents used by each individual shop.”

The dry cleaners would have to post the signs in their windows and behind their counters.

On the government side, the health department will also have a website — the address of which will be on the color-coded signs — with environmental and health information about different dry cleaning solvents and processes.

“This bill empowers consumers and allows them to make more informed decisions, which in the end is good for all of us,” Hahn said in a statement. “While it is common for consumers to read food ingredient lists and nutrition labels and to search out reviews for other products, most are hard-pressed to find the time to research details related to a myriad of dry cleaning solvents, figure out the exact solvent used by their cleaner and then investigate its potential impact on his or her self, family and environment.”

Suffolk County Executive Steve Bellone (D) still has to sign the approved bill into law.

Hahn’s bill was related to a previous one she put before the Legislature, which was also approved in mid-April, to stop garment-cleaning businesses from using the term “organic” to describe their services, because there are no set criteria for its usage in consumer goods and services and could be misleading. The legislator has given the example of dry cleaning chemicals that are harmful to the environment but might be referred to as organic because they contain naturally occurring elements such as carbon.

“Organic in this context is a technical term, and does not mean chemical-free,” Beth Fiteni, owner of Green Inside and Out Consulting, an advocacy organization committed to empowering the public to find healthier alternatives to common toxins, said in a statement at the time the bill passed the Legislature. “This legislation in Suffolk County helps address possible confusion.”

That law prohibited dry cleaners from using the term to advertise their services, with fines between $500 and $1,000 for violating the rule.

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According to Brookhaven Town Supervisor Ed Romaine, harmful chemicals are also found in telephone poles. Photo by Giselle Barkley

After four decades the government is finally updating the Toxic Substances Control Act of 1976 with partial thanks to Brookhaven Town officials.

President Gerald Ford signed the act decades ago to regulate the introduction of new chemicals into society, excluding those found in food, pesticides, tobacco, firearms, drugs and cosmetics. The act gave the United States Environmental Protection Agency the authority to require documentation of chemical substances to determine if the chemical is hazardous to humans. The 62,000 chemicals that existed before 1976 were grandfathered into the act and deemed safe for humans and the act wasn’t updated until last year.

The government amended the act with Toxic Substances Control Modernization Act of 2015. Its bill, the Frank R. Lautenberg Chemical Safety for the 21st Century Act updates the act and requires the EPA to establish a risk-based screening process for new chemicals. Supervisor Ed Romaine (R) and his fellow town board officials proposed the bill, which states the EPA must determine if a certain amount of old or new chemicals are safe for humans by a certain deadline. The EPA will reprimand manufacturers who don’t comply with safety requirements by restricting or prohibiting the creation, processing, distribution and disposal of new chemicals.

The EPA did not return requests seeking comment by press time.

According to Romaine, the uptick in cancer cases, particularly breast cancer on the North Shore, over the years was troubling. With advancements in science and technology scientists have found that some of the chemicals previously deemed as safe actually pose potential health risks for humans. This includes development of cancers and endocrine and immune system-related complications among other issues.

“We have a concern about the high rates of cancer in children and we’re concerned because people are trying to get answers,” Romaine said.

There were around 142.7 cases of cancer in Suffolk County between 2000 and 2004 according to the National Cancer Institute. The cases increased to around 528 per 100,000 people between 2008 and 2012 according to the cancer institute’s State Cancer Profiles.

County Legislator Sarah Anker (D-Mount Sinai), who has focused on the environment and its health effects for more than a decade, said these chemicals could be particularly harmful to children and their health.

“When you’re exposed to something when you’re growing up … it stays in your body,” Anker said. “As you get older something may set off the cancer…It takes decades sometimes for cancer to evolve.”

In a 2008-2009 study from the United States Department of Health and Human Services, scientists found 300 pollutants in the umbilical cord blood of newborn babies. According to the study, children are more vulnerable to chemical pollutants in the environment because of their size and poorer immune systems.

According to Rep. Lee Zeldin (R-Shirley) these chemicals are found in everyday products like soaps and toothpastes among other items used on a daily basis. There are around 85,000 chemicals that are currently in use. But Zeldin said “the flaws in TSCA have left many of these new chemicals untested and unregulated.”

While Zeldin said the government should update important bills like TSCA, it’s common for some acts to go untouched for several years while others are updated almost annually.

“There are certainly examples of both extremes,” Zeldin said. “TSCA happens to be an example of one of those bills that really should have been updated many years ago, if not decades ago.”

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Town officials are limiting development at the former site of Lawrence Aviation Industries. File photo

By Elana Glowatz & Erika Karp

Brookhaven Town will restrict development at a polluted site in Port Jefferson Station using a special zoning district.

The town board approved the new zoning for the former property of aircraft-parts manufacturer Lawrence Aviation Industries on Thursday night, several months after approving a land use plan for the site off Sheep Pasture Road that called for the special district.

Adjacent to a stretch of the Greenway Trail and some residences in the northern part of the hamlet, the site requires closer inspection because of its history — Lawrence Aviation dumped harmful chemicals at the site over years, contaminating soil and groundwater. The U.S. Environmental Protection Agency and the New York State Department of Environmental Conservation have been working for several years to undo the damage through the federal Superfund program, which cleans up such contaminations of hazardous materials, but it could still take two more decades to completely clean local groundwater.

Brookhaven’s land use plan recommended the special zoning district to limit potential commercial uses at the contaminated site in the future — for instance, some uses that would be permissible in light industry zoning elsewhere in town will not be permitted at Lawrence Aviation, like agriculture, churches, day cares, recreation halls or schools. It does not support retail uses, but does not rule out office uses like laboratories and other research space.

The new district includes two zones — at the property and at nearby residential sites — and seeks to “protect those who occupy the site,” according to Beth Reilly, a deputy town attorney.

In addition to restricting some uses and prohibiting residential development in the former industrial area, it provides incentives such as speedier environmental reviews and eased requirements for lot setbacks and sizes to promote alternative energy production there, particularly solar energy.

To further protect residents, no new homes constructed in the neighborhood area of the special district could have basements, due to the contamination to local soil and groundwater.

Reilly was quick to point out that this didn’t mean the town was moving backward —all existing basements could stay.

The basement ban goes hand in hand with legislation the town passed last year that requires all new homes built near contaminated properties like Lawrence Aviation to be tested for soil vapors before they can receive certificates of occupancy.

The Lawrence Aviation zoning district passed, following a public hearing, with an abstention from Supervisor Ed Romaine (R), who reiterated his opinion that the site should remain undeveloped. He also renewed his call for Suffolk County to add the property to its land bank or use it for open space so it could “heal itself.”

When Romaine first made that suggestion in the fall, he pointed to the $12 million lien the county had on the site, resulting from all the property taxes owed on the site. The EPA has another $25 million lien on the property due to the cost of the cleanup.

Councilmembers Valerie Cartright (D-Port Jefferson Station) and Dan Panico (R-Mastic) have supported the idea.

“I really think the county should consider this for an acquisition into their land bank,” Panico said Thursday.

The Suffolk County Land Bank Corporation, established in 2013, aims to rehabilitate contaminated properties, known as brownfields, to get them back on the county’s property tax roll. The county pays property taxes on abandoned parcels, which causes the tax liens on the properties — and thus their sale prices — to increase, but the land bank lets the county sell the properties for less than the taxes owed, making it easier to get them cleaned up and redeveloped.

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An x-ray device is used at a press conference to show how inspectors will monitor potentially harmful toxins in children’s products across Long Island retail stores. File photo by Barbara Donlon

Suffolk County is not playing games when it comes to toxic toys.

Legislator Kara Hahn (D-Setauket) saw one of her latest proposals receive unanimous approval last week when the Suffolk County Legislature approved measures that would ban the sale of any toys containing potentially dangerous toxins. The Toxin Free Toys Act zeroes in on six toxins most commonly found in toys marketed to children and will forever ban them once the legislation gets County Executive Steve Bellone’s signature.

Hahn said the initiative came as a response to a recent report issued by the New York League of Conservation Voters and Clean and Healthy New York that found several children’s products containing carcinogenic components on the shelves of Long Island stores. Most specifically, the legislation targeted dangerous materials that are linked to cancer, cognitive impairments, hyperactivity and genetic disorders in children, Hahn said.

“As a mother, I am outraged that children’s toys contain these toxic chemicals that can cause cancer, learning and developmental disabilities and respiratory, cardiovascular and gastrointestinal disorders,” Hahn said. “By passing this law today, we are acting proactively to protect our children’s health.”

Under the proposal, new children’s products sold in Suffolk County would need to contain less than specified limits in parts per million of the six following components: antimony, arsenic, cadmium, cobalt, lead and mercury. The legislation pegged the county’s Department of Health Services to head up the operation by notifying retailers by the beginning of 2016 that inspectors would be conducting random checks for toys and other children’s products containing toxic content using an x-ray fluorescence analyzer.

Clean and Healthy New York released the “Toxic Toys on Long Island” report back in December, which surveyed various retail spots like Target, Party City, Walmart, The Children’s Place, Macy’s, Ocean State Job Lot and Dollar Tree to find that some products contained potentially harmful materials. The report found more than 4,600 children’s products and toys contained at least one of 49 hazardous chemicals.

Kathleen A. Curtis, executive director of Clean and Healthy New York, was one of several health and safety advocates to applaud the proposal as an appropriate response to December’s report.

“In the absence of a strong state or federal law to regulate toxic chemicals in children’s products, it is both laudable and appropriate for Suffolk County to take action to protect its most precious and vulnerable residents,” she said. “Hopefully, this action will create a tipping point for New York State to follow suit. Otherwise, more localities will step up and follow Suffolk’s lead.”

Marcia Bystryn, president of the New York League of Conservation Voters, has also been at the forefront of the statewide push to limit the kinds of toxins children could be exposed to through their toys. While the state still waits for its own comprehensive response to toxic toy legislation, Bystryn applauded Suffolk for taking the lead.

“Toxic chemicals have no place in children’s toys, and they should not be on store shelves for sale,” Bystryn said. “I applaud bill sponsor Kara Hahn and the Suffolk County Legislature for sending a clear message to parents that they deserve the right to know what dangers are lurking in the products they bring home.”

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