Tech City - RV1

 
Site Contact:
Don Graham
OSC

(graham.don@epa.gov)

Site Location:
300 Enterprise Drive
Ulster, NY 12449
response.epa.gov/TechCityRV1

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 industrial park, which was originally 258 acres, 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