The Study Area Site is located in the northeastern portion of the City of Corning, in Steuben County, New York. The Study Area is bounded by the Chemung River to the south, Post Creek to the east, Interstate-86 to the north, and Pyrex Street to the west.

During the 2012 demolition of the former Kent Phillips School and improvements to the Corning Painted Post (CPP) High School (both located within the Study Area), workers encountered ash, brick and/or glass during excavations. Based on the elevated levels of lead and cadmium, some of this material was determined to be hazardous waste, which is a legal designation that requires the material to have special handling and disposal. In addition to lead and cadmium, the school property contained elevated levels of other metals such as arsenic, barium, chromium, and mercury that exceeded New York State soil cleanup objectives (SCOs), which are contaminant- and land use-specific soil concentrations that are protective of public health and the environment. New York State Department of Environmental Conservation (NYSDEC) determined that the presence of the ash, brick and/or glass and the contaminant levels warranted additional investigation at the school property and at nearby properties within the Study Area.

NYSDEC requested Corning Incorporated to begin an investigation to further characterize the nature and extent of ash, brick and/or glass within the Study Area. Corning Incorporated entered into a Consent Order with NYSDEC to conduct the investigation and has implemented multiple NYSDEC-approved work plans, including the “Study Area Characterization Work Plan” and Addenda. NYSDEC, in consultation with New York State Department of Health (NYSDOH), undertook the initial characterization of the residential properties in the Expansion Area. Remedial actions at the CPP High School, Corning Christian Academy and Memorial Stadium are complete and institutional and engineering controls are being pursued.

NYSDEC issued a Final Decision Document in July 2017 requiring the cleanup of residential properties within the Study Area to include the removal of soil up to two feet below ground surface (bgs) if it exceeds residential SCOs or contains a layer of ash, brick and/or glass. Additional sampling to complete the characterization of the Study Area is ongoing pursuant to NYSDEC-approved work plans.

As of February 2020, NYSDEC has issued “No Further Action” (NFA) letters for 125 properties where sampling results met residential soil cleanup objectives defined in 6NYCRR Part 375, which are contaminant-specific soil concentrations that are protective of public health in a residential setting. The remaining 196 properties are expected to either be remediated, require additional pre-design investigation, are being considered for no further action, or have not granted access. Remediation was completed on 3 properties in 2018. The State has also reviewed designs for 70 properties during the 2019 construction season, of which designs for 59 properties were approved (the remaining 11 are currently under review or awaiting resubmission). Accounting the 21 properties completed in 2019, there are 38 properties with State approved remedial designs in line for remedial construction activities for 2020.

The Study Area is in the City of Corning, New York. It is generally bound by the Chemung River to the south; Post Creek to the east, Interstate-86 to the north and Pyrex Street to the west. The Study Area is divided into five operable units. Operable Units (OUs) are portions of a site that are addressed individually. Corning Incorporated is responsible for investigation and remediation of OU1 through OU5 pursuant to the December 4, 2017 Order on Consent and Administrative Settlement, Index No. CO 8-20171204-140.

The OU areas are shown below:

• OU-1: Residential Area including 211 residential properties and Houghton Park. It is bounded by school properties to the south, NYS Flood Control lands to the east, East Pulteney Street to the north, and Pyrex Street to the west.
• OU-2: Residential Area at the eastern end of Corning Boulevard (includes 5 residential properties).
• OU-3: School/Community Use Area includes properties owned by the CPP School District, Corning Christian Academy and City of Corning (Memorial Stadium and Firehouse Frontage parcel).
• OU-4: Flood Control Areas include the southern and easternmost portions of the Study Area including flood control structures, levees, and adjacent portions of the Chemung River and Post Creek.
• OU-5: Residential Expansion Area (includes 109 residential properties). The residential areas immediately to the north and west of the boundaries of OU1. The Expansion Area is further bounded by I86 to the north, Centerway (NYS Route 414) to the west, and the Guthrie Medical Center property to the South.

The CPP High School property and much of the surrounding neighborhood is a former low-lying area along the Chemung River that has been extensively filled since the 1930s (or earlier) to the late 1950s or early 1960s, when the schools were constructed. A 1920 property deed contains a condition that allowed Corning Glass Works to maintain “ash dumps as now located” in a portion of the current Study Area.

The presence of ash, brick and/or glass at CPP High School came to NYSDEC’s attention at the outset of excavation work during the spring of 2012. At that time, the extent of the material was not known. Further testing has confirmed that parts of the neighboring residential area is underlain by the same or similar ash, brick and/or glass as identified at the CPP High School. Of the 220 samples collected for waste characterization at the school property, 65 samples contained hazardous levels of lead and three tested hazardous for cadmium, which required special handling and disposal. In addition to lead and cadmium, other samples contain metals such as arsenic, barium, chromium, and mercury at levels that warrant additional characterization but did not exceed levels considered to be “hazardous waste” as defined below. NYSDEC determined the presence of this material warranted additional investigation at the school property and in nearby properties within the Study Area.

The NYSDEC and NYSDOH continue to work jointly with Corning Incorporated, the school district, individual property owners and other stakeholders in the Study Area to characterize the nature and extent of ash, glass and/or brick, as well as to remediate areas where the site characterization has been completed.

The term hazardous waste is a regulatory designation. In New York State, hazardous wastes are defined by U.S. Environmental Protection Agency and NYSDEC regulations (see http://www.dec.ny.gov/chemical/100401.html). Simply defined, a hazardous waste is a waste with properties that make it dangerous or capable of having a harmful effect on human health or the environment. Hazardous waste is generated from many sources, ranging from industrial manufacturing process wastes to batteries and may come in many forms, including liquids, solids gases, and sludges.

The treatment, storage and disposal of hazardous waste are regulated under the federal Resource Conservation and Recovery Act (RCRA) of 1976. Hazardous wastes are defined under RCRA in 40 CFR 261 where they are divided into two major categories: characteristic wastes and listed wastes. Characteristic hazardous wastes are materials that are known or tested to exhibit one or more of the following four hazardous traits: ignitibility, reactivity, corrosivity, or toxicity.

Soil and ash, brick and/or glass in the Study Area was tested to see if it should be designated hazardous waste by using a test known as the Toxicity Characteristic Leaching Procedure (TCLP). TCLP is a soil sample extraction method employed to simulate leaching through a landfill and to assess the potential for contamination in the material being tested (soil) to get in groundwater. Designation of the soil and/or ash, brick and/or glass in the Study Area as hazardous waste is not directly related to the potential for human exposure or health risks; rather, it tells us that the materials if removed require special handling and disposal in a hazardous waste landfill. Listed hazardous wastes do not apply to soils in the Study Area.

Characterization work completed in the Study Area by Corning Incorporated in 2014 identified the presence of target material (ash, brick, and/or glass) extending to the project boundaries at East Pulteney Street and Pyrex Street near the intersection with Houghton Circle. This type of material frequently exhibited elevated concentrations of metals including lead, arsenic, and cadmium. Some of the target material in the northwestern portion of the Study Area also tested as hazardous waste for lead. Preliminary shallow soil evaluation work completed by NYSDEC in the off-site Expansion Area in 2014 identified the presence of similar material on multiple properties. NYSDEC initiated a comprehensive characterization of the Expansion Area under the State Superfund Program in May 2015.

Most of the investigation activities in the Study Area have been completed. Specific details of the investigation activities can be found in the NYSDEC-approved investigation work plans, which are available online at http://www.dec.ny.gov/chemical/97180.html and at the locations identified below under “Where to Find Information.”

In general, investigation activities included the installation of monitoring wells and soil sampling to look for the presence of ash, brick and/or glass or constituents which exceed the state’s Soil Cleanup Objectives (SCOs). The characterization will also investigate the thickness and integrity of the new soil placed on the athletic fields of CPP High School and has already confirmed the mulch/ground cover at the Corning Christian Academy and Houghton Park playgrounds are sufficient. Seven groundwater monitoring wells were installed and sampling of these wells demonstrated that the constituents of concern are not adversely impacting groundwater.

Soil characterization samples were collected within OU-1 and OU-2 of the Study Area beginning in 2014 to assess the nature and extent of layers of ash, brick, and/or glass and to measure contaminant concentrations. Characterization activities began in OU-5 in 2015. This characterization included collection of more than 4,400 soil samples including surface soil and soil borings from residential properties; soil boring samples within the City of Corning’s right-of-ways; and soil samples from test pit excavations. The soil sampling had three general purposes:

1. To examine the nature and extent of the presence of a layer of ash, brick and/or glass,
2. To determine if levels in soil exceed the applicable New York State SCOs, and
3. To evaluate if the constituents of concern meet the criteria that would make it “hazardous waste”.

Soil samples were targeted for depths where people are most likely to come in contact with soil through activities like yard work or play (surface soil, zero to two inches below ground surface), and shallow soils (two to 24 inches) where people would contact while digging below the surface, such as when planting a tree, gardening, or making home improvements. Soil samples were analyzed for volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), metals, polychlorinated biphenyls (PCBs), and pesticides. Based on the investigation, the primary constituents of concern in soil are lead, arsenic, cadmium and SVOCs.

Groundwater samples were collected from seven groundwater monitoring wells installed on school and City property, the school’s irrigation well (used to water athletic fields as needed in dry weather), and an adjacent public water supply well to evaluate if the substances in the ash, brick and/or glass are getting into groundwater within the Study Area. Groundwater monitoring to date has not identified levels of site-related constituents above groundwater standards. The area is served by public water and there are no private water supplies other than the school’s irrigation well.

OU-3, the School/Community Use Area includes the CPP School District, Corning Christian Academy and City of Corning Memorial Stadium properties. A decision document was issued for this OU in 2017. Remedial work is complete and institutional and engineering controls are being pursued for the Corning Christian Academy, Memorial Stadium and CPP High School. All three areas require an Environmental Easement and Site Management Plan, while the Corning Painted Post High School athletic fields require an investigation to ensure the adequacy of the existing cover. The environmental easements are being developed to require the completion and submission of a periodic certification that institutional and engineering controls remain in place, allow the use and development of the controlled property for restricted residential use and require compliance with the NYSDEC approved Site Management Plan.

OU-4 includes Flood Control Areas along the Chemung River and Post Creek. Preliminary investigations identified ash, brick, and glass. A site characterization work plan is currently being developed.

The NYSDEC, along with the NYSDOH and Department of Law (DOL), are responsible for ensuring the cleanup of inactive hazardous waste disposal sites across the state. Under New York State's Inactive Hazardous Waste Disposal Site Remedial Program, the process begins with the discovery of a potential hazardous waste site and follows a path of investigation, remedy selection, design, construction and monitoring. A Site Characterization (SC) is DEC's first investigation of a site where hazardous waste has or may have been disposed of illegally or improperly. The goal of the SC is to determine whether a site meets the state's definition of a hazardous waste site by confirming or denying the presence of hazardous waste and determining whether the site poses a significant threat to public health or the environment. The SC is performed by NYSDEC or the potentially responsible party under DEC's oversight.

DEC is also working with DOH to determine the appropriate approach and program (or programs) to investigate and cleanup properties contaminated with fill containing glass, ash, and/or brick which are outside of the defined Study Area. In addition to the previous sites mentioned, DEC is pursuing Site Characterizations to be performed at the several other locations (listed below), which are suspected of having target material similar to the Study Area.

Sites where site characterization investigations were performed in 2020 include:

• Stewart Park Site Characterization (Site # 851060)
• McKinney Park Site Characterization (Site # 851056)
• William Street/Hillvue Park Site Characterization (Site # 851055)

All the sites with ongoing plans in 2021 for site characterizations are as follows:

• 343 Woodview Avenue (Site # 851065)
• 3510 West Road (Site # 851052)
• Centerway Pedestrian Bridge Approach (Site # 851047)
• Denison Park (Site # 851066)
• Vine Street (Site # 851067)
• City of Corning Sewer Right of Way (Site # 851057)
• Connector Street (Site # 851064)
• Guthrie Clinic (Site # 851047)
• Guthrie Clinic North (Site # 851062)
• City of Corning Fire Department (Site # 851050)
• Corning Mini Storage (Site # 851053)
• 3148 Van Etten Road Property (Site # 851061)
• Conhocton Street (Site # 851063)
• Corning Refractories (Site # 851048)
• Steuben Glass/Corning Museum of Glass/Former Fulton St. Finishing Plant (Site # 851037)
• South Corning Spoils Area/Caton Road (Site # 851068)
• South Corning Rd. (Site # 851069)

Site investigations at the three parks (sites #851055, #851056, and #851060) began at the end of October and were conducted through the month of November (2020). A report detailing the results and next steps is expected to be issued following the completion of this characterization work in Summer 2021, and after the receipt and validation of the associated analytical data.

DEC will keep the public informed throughout the additional investigation and cleanup with newsletters and updates to the DEC webpage. DEC will continue to evaluate any additional possible locations of historic waste disposal as we become aware of them.

Data from surface soil and subsurface soil samples indicate analytical results above the New York State SCOs. Arsenic, cadmium, lead and SVOCs are the constituents of potential concern (COPC) in the Study Area. The SVOCs primarily consist of polycyclic aromatic hydrocarbons (PAHs) including 2-methylnaphthalene; benz(a)anthracene; benzo(a)pyrene; benzo(b)fluoranthene; benzo(k)fluoranthene; chrysene; dibenz(a,h)anthracene and indeno(1,2,3-cd)pyrene.

Arsenic, cadmium and lead are natural elements in the earth’s crust and can be found in soils, rocks, groundwater and surface water. Most arsenic is produced as a by-product of copper and lead refining or by heating the mineral arsenopyrite causing the arsenic to sublime (change directly from a solid to a gas) and leave behind iron sulfide. Commercially, arsenic has been used in the production of agricultural products (pesticides, herbicides and insecticides); treatment for wood products (wood preservatives); veterinary drugs; and to make special glass. Arsenic is sometimes alloyed with lead to form a harder, more durable metal for use in things like car batteries and bullets.

Soils and rocks, including coal and mineral fertilizers, contain some cadmium. Most cadmium used in the United States is extracted during the production of other metals like zinc, lead, and copper. Cadmium does not corrode easily and has many uses, including batteries, metal coatings, and plastics. Cadmium has also been used in pigments as a coloring agent which can produce a range of brilliant shades of yellow, orange, red and maroon. Cadmium pigments have been used in plastics, ceramics, glasses and special paints.

Although lead is a naturally occurring heavy metal that can be found in soil and dust, the majority of lead present in the environment is due to human activity. It was once widely used in gasoline and paint, and is commonly used in the production of automotive batteries, ammunition, metal products (solder and pipes), ceramic products, caulking, and shields against x-rays. Lead was also released from mining lead (extracted from ores dug from underground mines) and other metals, and from factories that make or use lead, lead alloys and lead compounds. Lead is also commonly used in glass such as television picture tubes, computer video display terminals and the inner portion of the common lightbulb. Lead was historically used in the manufacture of certain glass products by Corning Incorporated and other companies.

SVOCs are a subgroup of volatile organic compounds (VOCs) with higher boiling points and a lower potential to volatilize (evaporate into air) compared to VOCs. PAHs are a subgroup of SVOC compounds that occur naturally in coal, crude oil and gasoline. They are also produced by incomplete combustion when coal, oil, gas, wood, garbage and tobacco are burned. PAHs generally occur as complex mixtures (as part of combustion products such as soot/ash residue), not as single compounds.

Soil Sampling Results

OU1- Residential Area

In right-of-way (ROW) areas, 1 of 24 initial soil borings installed in 2014 contained a layer of ash, brick and/or glass and 2 had analytical results that exceeded SCOs. Additional study was also done in ROW areas around two soil borings with SCO exceedances in the northwest area and other targeted locations throughout OU1. In total, 63 soil borings and 7 test pits have been completed in the ROW areas. Findings of a layer of ash, brick and/or glass and SCO exceedances in ROW soil borings are generally consistent with borings on adjacent residential properties as discussed below.

Surface soil samples were collected from 163 of the 211 residential properties in OU1 during 2014. SCOs were exceeded in surface soil samples at 36 of the 163 residential properties. An additional 8 properties had surface soil samples collected in 2015; SCOs were exceeded at 1 property.

Study Area Characterization Work Plan Addendum 2 was approved by NYSDEC in May 2015. The residential properties at which additional sampling took place were in the following four categories:

• properties with exceedances of residential SCOs in surface soil samples,
• properties in the northwest portion of the Study Area near a layer of ash, brick, and/or glass identified in ROW soil borings,
• properties at which the presence of ash brick and/or glass had been reported by the owner or observed during sampling, and
• properties at which a layer of material containing ash, brick and/or glass potentially extended to a property line from an adjacent property.

Soil boring samples were taken at 115 residential properties in the above categories from July through October 2015. Layers of ash, brick and/or glass (minimum one-inch thickness) were found at 51 of these residential properties, including 21 in the north to northwest areas (Pyrex Street/East Pulteney Street to Wilson Street), 5 properties near the middle of Houghton Circle/Pyrex Street, 12 properties near middle of Pershing Street and Sims Avenue (Argonne Street to Belleau Street), 9 properties in the northeast portion (E. Pulteney Street, Argonne Street, Jackson Circle), and 4 properties in the southeast portion (Corning Boulevard/Roosevelt Street). Trace amounts of ash, brick and/or glass (less than a one-inch layer) were identified at an additional 8 residential properties.

Testing results at 69 of these 115 residential properties exceeded the SCOs. These exceedances frequently correlate to layers of ash, brick and/or glass; however, there are some instances of SCO exceedances not within or adjacent to a layer of ash, brick and/or glass. TCLP test results for lead, cadmium, and/or barium exceeded the regulatory threshold for hazardous waste at 17 of these properties and each of these occurrences correlate to a layer of ash, brick and/or glass.

OU2 - Residential Area at the Eastern End of Corning Boulevard

Soil borings completed in 2014 identified a substantial amount of target material (ash, brick, and/or glass) to depths greater than 10 feet at each of the five residential properties in OU2. Testing results show significant exceedances of SCOs as well as hazardous waste levels of lead in this material. The limits of this large area with ash, brick and/or glass were defined to the north and west and it does not extend to adjacent residential properties in OU1. The area with this material is contiguous with adjacent portions of the CPP High School property in OU3 to the south. Further delineation to the east into the adjacent flood control areas of OU4 has not yet been undertaken (a Site Characterization work plan is currently being developed). Actions were taken at these properties in December 2014 to reduce the potential for contact with bare soil. Site management procedures are in place at these properties to minimize potential exposures if residents remain in the homes.

OU3 - School/Community Use Areas

At the CPP High School and Memorial Stadium, the school district collected soil samples from piles containing excavated material during the 2012-2014 construction activities. Of 214 soil pile samples analyzed for total concentrations of metals, SCOs were exceeded for arsenic and cadmium in about half of the samples, and for lead in about one third of the samples. Seventy-three of 268 soil samples met the hazardous waste criteria. These soil piles have been removed from the school property. The finding of hazardous waste required disposal of approximately 20% of the excavated material at a hazardous waste landfill.

Environmental sampling performed to date as part of the Study Area Characterization Work Plan has confirmed the presence of a layer of ash, brick and/or glass and exceedances of the applicable SCOs at various locations in OU3 including CPP High School, Corning Christian Academy, Memorial Stadium, and the Firehouse Frontage parcel. Testing results exceed applicable SCOs for each of these properties in most of the target soils containing this material.

In the summer of 2015, the CPP School District installed a new artificial turf field and resurfaced the adjacent track at Memorial Stadium to act. The artificial turf field will also serve as a cover system over contaminated material containing ash, brick, and/or glass. The District previously installed at least one foot of soil cover at the majority of the CPP High School property as part of their school expansion project. The Study Area Characterization work identified certain limited areas outside of these cover systems at the Memorial Stadium and CPP High School properties with shallow soil testing results in excess of SCOs. In addition, an area containing a layer of ash, brick and/or glass and with exceedances of the applicable SCOs was identified at the Corning Christian Academy property with testing results that exceed SCOs.

Corning Incorporated has implemented Interim Remedial Measures (IRMs) at the CPP High School, Memorial Stadium, and Corning Christian Academy properties to address shallow soils that contain a layer of ash, brick and/or glass and/or have testing results that exceed SCOs outside of any previously installed cover systems. These soils were excavated and backfilled with soil that meets SCOs. IRM Work Plans for these three properties have been separately noticed for public review prior to NYSDEC approval. See “What is an Interim Remedial Measure” below for further information.

OU4 - Flood Control Areas

A work plan to address the site characterization of these areas is currently being developed.

OU5 - Expansion Area

Soil boring samples were taken and surface soil samples were collected at 104 of the 108 residential properties in OU5 from September through November 2015. Layers of ash, brick and/or glass (min 1-inch thickness) were confirmed at 50 residential properties, including twenty-one (21) west of Pyrex Street (North Place, South Place, south side of East Pulteney Street), ten (10) on High Street, seven (7) on Earl Street, four (4) on Clara Street, one (1) on James Street, and seven (7) on the north side of East Pulteney Street. Trace amounts of ash, brick and/or glass (less than a one-inch layer) were identified at an additional 30 residential properties in OU5.

Testing results at 64 of the 104 residential properties in OU5 that were sampled exceed the SCOs. These exceedances frequently correlate to layers of ash, brick and/or glass; however, there are some instances of SCO exceedances not within or adjacent to a layer of ash, brick and/or glass. Concentrations of TCLP test results for lead, cadmium, and/or barium exceed the regulatory threshold for hazardous waste at 11 of these properties and each of these occurrences correlate to a layer of ash, brick and/or glass.

Soil borings and test pits in right-of-way areas confirmed the presence of ash, brick and/or glass with SCO exceedances continuing west and north of the residential parcels (toward Centerway and the I86 sound barrier).

Groundwater Sampling Results

Groundwater samples were collected from four monitoring wells on the CPP High School property (OU3), two monitoring wells on the Memorial Stadium property (OU3), and one monitoring well in the road ROW at the eastern end of Corning Boulevard (OU2). No constituents of concern were found at levels above applicable groundwater standards. Water chemistry data from the public water supply well located on the Corning Fire Department property has been evaluated and determined to not contain any of the study-related contaminants above the public drinking water standards. Additional information regarding this well can be found in the annual water quality report that you receive from the City of Corning.

The presence of target material containing ash, brick, and/or glass indicates the need for that material to be fully investigated. The target material that contains ash, brick, and/or glass is the suspected source of contamination within the Study Area and Expansion Area. Additional sampling will help determine the nature and extent (where it is and where it ends) of the target material. Exposure to the target materials (visible ash, brick, and glass) is possible by direct contact, and measures such as maintaining a grass or mulch cover over target material can help to prevent direct and repeated contact with target material. Some additional characterization as to the nature and extent of target material within the Study Area is currently ongoing. If you encounter target material containing ash, brick, and/or glass at your property that has not previously been reported, please contact the State for further assistance.

Some locations require further evaluation and investigation of the target material beneath the ground surface, including the OU4 Flood Control Areas and certain residential properties in OU1 and OU5. As previously noted, soil samples collected from 132 residential yards show the presence of metals such as arsenic, cadmium, and/or lead at concentrations above the SCOs for a residential setting. Additional evaluation in some yards is required to delineate the extent of the contamination. Once this additional evaluation is completed, Interim Remedial Measure (IRM) Work Plans to address potential exposures will be developed and shared with public officials and the local community.

An IRM is a discrete set of planned actions that can be conducted without the extensive investigation and evaluation of a full Remedial Investigation and Feasibility Study. Sometimes, an IRM achieves the remedial goal for a site and no further action is required. Because of their versatility and the relative speed with which they are applied, IRMs accelerate clean-up (remedial) projects. The sooner sites are remediated, the sooner the public and the environment are protected. In addition, accelerated remedial projects often mean reduced remedial costs.

The presence of material containing ash, brick and/or glass at CPP High School came to the attention of state agencies at the outset of excavation work during the spring of 2012, as reported in the media. At that time, the extent of ash, brick and/or glass was not known. Based on anecdotal reporting and subsequent research into historical documentation, additional characterization was warranted to determine whether any other parts of the Study Area were underlain by the same or similar material. NYSDEC asked Corning Incorporated to conduct an evaluation and Corning Incorporated entered into an order with NYSDEC to do so in 2014.

The classification of “No Further Action” is issued by NYSDEC when:

• The investigation and evaluation of a Class P site (site/property under investigation in the form of a site characterization) results in a determination that there is no contamination at the site and further action is not warranted.
• A site was identified as the location(s) where discrete waste was at one time present and subsequently removed by NYSDEC or others and, based on the resulting conditions, no need for additional work is apparent.

NYSDEC will issue an NFA to properties within the Study Area when it is determined that the property does not require further investigation or remediation.