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NYC Council seeks to stop foam from flying at construction sites

Tiny particles get into storm drains, Levin says

May 12, 2017 By Paula Katinas Brooklyn Daily Eagle
Councilmembers Stephen Levin, Brad Lander and Antonio Reynoso are pushing for construction contractors to do more to keep small foam particles likes these from lying off building sites. Photo courtesy of Levin’s office
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Winter isn’t the only season in which New Yorkers see snow. Even in warm weather, pedestrians are often hit by tiny pieces of snow-like foam flying off construction sites around the five boroughs, according to a trio of City Council members who charge that the pesky particles are a big environmental problem.

On May 11, councilmembers Stephen Levin, Brad Lander and Antonio Reynoso introduced a bill to put a stop to what they called “showers” of foam dust flying off construction sites. The foam pollutes the streets and waterways, the lawmakers said.

The councilmembers said their goal is to get construction contractors to do a better job of safeguarding construction sites.

The foam, which is lightweight and flies easily through the air, gets into storm drains, rivers and out into the ocean where it can harm marine wildlife, the councilmembers said. The foam is virtually indestructible and does not decompose for centuries.

“New York City has the opportunity to protect our waterways and marine life on a global scale,” Levin (D-Greenpoint-DUMBO-Downtown Brooklyn) said in a statement. “There is a tremendous amount of construction in my district, from Downtown Brooklyn through North Brooklyn, and it’s critical to ensure that construction sites are properly mitigating toxic dust so that it doesn’t litter our streets or pollute our ocean and rivers.”
 
The proposed legislation would expand the definition of dust that must be mitigated during construction to include “any material, regardless of composition, designed and customarily used in construction.” In addition, the bill would increase the penalty for corporations that fail to prevent particles from becoming airborne.
 
Expanded polystyrene foam (EPS) has been used in construction as insulation since the 1950s and has been found to be effective in the construction of energy efficient building, according to Levin. But Levin, Lander and Reynoso also said its use should be balanced with protecting the environment from residual effects.
 
“While very effective in energy efficient buildings, foam-core is still a toxic pollutant that does not decompose for centuries,” said Lander (D-Park Slope-parts of Borough Park). “This bill will ensure that this increasingly common building material is handled appropriately and properly regulated to protect our environment and keep New Yorkers safe.”
 
Now is a crucial time to get such legislation passed, according to Reynoso (D-Bushwick).

“North Brooklyn is now a hub of development, and has more than its fair share of pollution in the air and water, as well as irresponsible developers who don’t properly mitigate their sites. We have to combat this on all fronts, including getting rid of this unnecessary, toxic and non-biodegradable material,” Reynoso stated. 
 
In the waterways, EPS foam acts as a sponge for toxic pollutants and due to photodegradation, it breaks into increasingly smaller pieces appealing to marine animals that mistake it for edible fish eggs, according to environmental experts. Even more troubling, experts said, is that it can be consumed by marine life and then enter the food chain to be ingested by humans.

Sean Dixon the staff attorney at Riverkeeper, endorsed the legislation.

“From a public health perspective, preventing airborne particulate pollution will immediately improve air quality and community well-being. From an environmental perspective, this bill will create cleaner, safer waterways, streets, parks and public spaces,” Dixon said. 

 

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