The
TechCity site, an active industrial park, is a former IBM production facility
that operated for more than 30 years at 300 Enterprise Drive in the Town of
Ulster, Ulster County, NY. The 258 acre industrial park is bordered by residential properties to the north and south and an active rail spur and commercial properties
to the east; to the west of Enterprise Drive is the western campus, over 80
acres of which is now owned by the Ulster County Economic Development Alliance.
The
site has undergone significant demolition as part of the redevelopment efforts
by TechCity’s owner/operators in 2015/2016. During demolition activities, improper
asbestos abatement and demolition resulted in the release of asbestos
containing materials (ACM) at the site. The
ACM is present in the interior of building 1 and was present in/on building
2. Three large debris piles of regulated
ACM (RACM), as determined by the NY State Department of Labor (NYSDOL), were generated
when building 25 was demolished, and remain on-site
Between May 2017 and November 2019, EPA attempted to have the
current owner/operators voluntarily address the asbestos conditions concerning
buildings 1, 2, and 25 through permanent measures given that certain temporary
measures were no longer effective. The
owner/operators covered the RACM piles with tarps as an interim measure to help
stop the threat to public health posed by the release of asbestos at the site.
On December 11, 2019, EPA sent a Notice of Potential Liability and
Request to Perform Response Action under CERCLA to five potentially responsible
parties (PRPs), including the owner/operators. None of the PRPs agreed to
voluntarily undertake the work.
In March 2020, EPA spent CERCLA funds to seal the exterior of building
1 and demolish building 2. All ACM associated with building 2 was properly disposed
of off-site.
In September 2020, EPA unilaterally issued an Administrative
Order that directs six PRPs to abate the remaining significant threats posed by
friable asbestos. The PRPs are required to remove the three RACM piles as well
as permanently abate friable asbestos in building 1. Although three of the PRPs initially agreed,
these parties are out of compliance with the order for failure to start removing
the RACM piles in May 2021, as well as other requirements of the Order.
The
exterior of Building 1 has been secured by repairing barriers, installing
temporary fencing, and posting asbestos warning signs. If the PRPs fail to
maintain the current tarps on the RACM piles, EPA may re-cover or augment those
tarps.
Additional Contacts:
NYSDOL Contact (Asbestos): Jason Pensabene - Jason.Pensabene@labor.ny.gov
NYSDEC Contacts:
Albany: Danial Lanners - daniel.lanners@dec.ny.gov; Kieran McCarthy (counsel) - kieran.mccarthy@dec.ny.gov
Region 3 / NOV (2021)
contact: David Pollock - david.pollock@dec.ny.gov
EPA – Criminal Investigations
Division Contact: Daniel Lau - Lau.Daniel@epa.gov
Additional Information:
Senator Schumer addresses
Asbestos at TechCity, Friday, July 7, 2021: https://www.youtube.com/watch?v=MVYJNWooxJY
Corrective Action:
www.dec.ny.gov/data/DecDocs/356002/Decision%20Document.HW.356002.2013-03-30.OUs1.3A.6.7.Final_Corrective_Measures_SoB.pdf
www.epa.gov/hwcorrectiveactionsites/hazardous-waste-cleanup-ibm-corporation-kingston-new-york