Future Environment Designs wishes all of you a Merry Holidays and a Happy New Year! EPA delivers an early holiday present!

As we say goodbye to 2024 and welcome 2025, we reflect on 2024 and how it has changed us.  2024 has been a good year for Future Environment Designs which helps to keep the business viable as we enter our 37th year in business. We are still working on a balance between the company and our personal life. Which at times can be so entertwined.

PACNY's Holiday Meeting at Skaneateles, NY 

Future Environment Designs is looking forward to 2025 as many of our clients have asked for initial courses in the coming year and we look forward to assisting them with their needs.  We will continue to service the other areas of the State (such as Plattsburgh, Rochester, Syracuse, Hudson Valley, and Buffalo) looking for quality training.  Thank you to all our clients for helping us maintain a 4.8 rating out of 5 for another year! Your positive feedback means a lot to us. If you'd like to share your experience, please visit our course reviews at CourseCheck.  We look forward to continuing our work on the Professional Abatement Contractors of New York (PACNY) Board of Directors (if reelected), event, and communications committees.  In addition, some indoor air quality consulting work has also come through the door for the New Year we look forward to meeting those needs, too.  

Anthony's Restaurant in Plattsburgh, NY

On a more global note, the Environmental Protection Agency (EPA) announced on December 3, 2024, that it has determined that disturbing and handling asbestos associated with legacy uses, and asbestos as a chemical substance, poses an unreasonable risk to human health.  EPA's Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos - Part 2 of the Risk Evaluation for Asbestos, EPA considered chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, actinolite, and Libby Amphibole Asbestos (and its tremolite, winchite, and richterite constituents).  EPA considers this expansion to be consistent with the focus of Part 2 of the Risk Evaluation for Asbestos on legacy uses and associated disposals.  Additionally, the EPA assessed the relevant conditions for the use of asbestos-containing talc because talc has been implicated as a potential source of asbestos exposure.

Rockefeller Centre, NYC

It will be interesting moving forward since this announcement means rules or regulations must be promulgated to mediate the risk.  Especially with a new administration that is looking to reduce regulation.  It will be interesting to see if we get another SNUR.  See our post on the SNUR.  Several items we hope will be addressed:

• a National Aggressive TEM Clearance requirement for all-size asbestos projects.  Read my post regarding clearance.
• a reduction of the exposure limit for all asbestos workers.  Remember EPA in Part One set an exposure limit of 0.005 f/cc for chlor-alkali workers.  Read my post regarding Part One. 
• in addition, a plan to replace phase contrast microscopy with a better method for evaluating worker exposures.
• Getting rid of the greater than 1% rule for asbestos-containing materials (ACM).  Changing it to any percentage even trace amounts would eliminate some confusion between EPA and OSHA regulations.
• Coming up with a method for handling Libby-Amphibole Asbestos.

Bergdorf Goodman, NYC

On a personal note, we will miss our youngest sister Dr. Melissa Garcia who passed on in May. This has altered our view of things a bit. How short life is and the time we have on this planet can end at any time. Specifically, most will not see much of a difference because we have always been a positive (glass half-full) person. Though we're starting to feel our age.  Our worries and cares are very different now and going forward.

Bryant Park, NYC

We look forward to seeing many of you in 2025 as we continue our journey together!

Conference Season Starts in 3 Months Save the Date: PACNY 2025 Environmental Conference & EIA 2025 National Conference

With the end of 2024 fast approaching, we are looking ahead to 2025, we are excited to announce the dates for the Professional Abatement Contractors of New York's (PACNY's) 2025 Environmental Conference, taking place on Thursday, February 27th, and Friday, February 28th, 2025, being held at Turning Stone Resort and Casino in Verona, New York.  This is your chance to participate in the most educational and informative environmental abatement conference in New York State, known for delivering critical insights on the industry’s evolving challenges.

Long Island Attendees of the 2024 PACNY Conference

This year’s PACNY Conference will feature multiple simultaneous sessions to cover a wide range of topics relevant to abatement and environmental professionals.  We are bringing in exciting speakers to address pressing issues facing businesses connected to environmental management today. Some of the speakers already committed include Tom Laubenthal, of TGL Consulting, Inc.; Chris Alonge, PE, of Dormitory Authority of the State of NewYork (DASNY); J. Brent Kynoch, of the Environmmental Information Association (EIA); Dr. David Duoford, CIH, CSP, CHMM, of CanAm Environmental Safety; and Marc Rutstein, of Environmental Consulting & Management Services, Inc.  Whether you’re dealing with asbestos, mold, lead-based paint, or general regulatory compliance, there will be sessions tailored to meet your needs.

Meet the NYSDOL regulators at the PACNY Environmental Conference

For PACNY's sponsors, this is a unique opportunity to engage with over 200 attendees from across the abatement industry. With networking events built into the schedule, you’ll have the perfect chance to introduce your products and services to a captive audience of professionals eager to learn about the latest innovations in the field.

The PACNY Conference Sponsors in the Exhibition Hall

EIA National Conference & Exhibition

And don't forget, right on the heels of the PACNY event, the EIA 2025 National Conference & Exhibition will be held March 9-12, 2025 at the Hyatt Regency in Jacksonville, Florida. Over the past 40 years, the EIA has solidified its reputation as a gathering place for the best minds in asbestos management, mold remediation, environmental sampling, indoor air quality, and environmental management systems.

Part of the New York Contigent at EIA

The EIA 2025 conference offers an unmatched platform for industry experts to exchange ideas, build connections, and explore the most cutting-edge solutions to today’s environmental challenges. Sessions will cover everything from regulatory compliance to cost-effective remediation strategies, providing valuable takeaways for attendees from all sectors.

Not all work at EIA

As with PACNY, the EIA 2025 National Conference presents excellent opportunities for businesses to maximize their visibility. Whether through an exhibit booth, sponsorship, or advertisement, you’ll have the chance to showcase your offerings to a broad audience of decision-makers. Don't miss out—take advantage of the special EIA room rate of $239, available until February 21!

Seen during EIA's Women's Committee Social

Mark your calendars and prepare for a dynamic year of learning, networking, and opportunity at both the PACNY and EIA 2025 events. We look forward to seeing you there!

Angelo Garcia, III's presentation at the EIA 2024 National Conference in San Diego, CA.

Future Environment Designs Celebrating 36 Years in Business: A Journey of Growth, Dedication, and Innovation

As we mark the 36th anniversary of Future Environment Designs, Inc., we find ourselves reflecting on the incredible journey that brought us here.  It’s been a ride filled with countless milestones, hard-earned lessons, and the unrelenting pursuit of excellence.  From our humble beginnings in 1988 to where we stand today, one thing has remained constant: our commitment to protecting your employee's health and safety while delivering top-notch occupational safety and health training and indoor air quality consulting services.

Keeping Employees Safe is part of our business and our motto!

Building a Legacy Through Expertise and Dedication

In the beginning, like most small businesses, we faced our share of challenges.  Navigating a highly regulated industry, gaining the trust of clients, and keeping up with rapidly changing indoor environmental and occupational safety and health standards were no easy tasks. But what set us apart from day one was our dedication to truly understanding the intricacies of the environmental and occupational health and safety field. Whether it was asbestos abatement, mold remediation, managing indoor air quality, or lead hazard control, we immersed ourselves in the details—so that our clients didn’t have to.

Speaking at PACNY!

Our expertise and relentless pursuit of staying ahead in the industry have been the foundation of our success.  Over the years, we have expanded our services, invested in new technologies, and continuously improved our training programs to better serve our clients and partners. This journey of continuous growth allowed us to build long-standing relationships with clients who trust us to handle their most complex indoor air quality and occupational safety and health challenges.

A Focus on Innovation and Adaptability

The occupational health and safety industry is not one that stands still. Regulations change, technology evolves, and the needs of clients shift. Over the last three and a half decades, we’ve prided ourselves on being ahead of the curve. From adapting to new asbestos and mold regulations to embracing the digital transformation in project management and compliance, innovation has been at the core of everything we do.

Speaking at EIA

We’ve taken our knowledge beyond the office and into the field, teaching and training the next generation of environmental health and occupational safety and health professionals. Our training programs have evolved over the years to meet the demands of an ever-changing regulatory landscape, helping hundreds of professionals stay compliant and safe.

The Value of Relationships and Trust

Being in business for 36 years also means we’ve had the privilege of forming deep, lasting relationships with our clients, partners, and team members.  Trust is a word we never take lightly, and earning that trust has been paramount to our success.  Whether it’s a new client who needs guidance through a complex abatement project or a returning partner who knows they can rely on us for expert advice, we’ve always approached each project with the same level of commitment and integrity.

PSEG a long time client

BNL a long time client

To our clients—some of whom have been with us since our early years—thank you for putting your trust in us time and time again.  It is your faith in our ability to deliver results that has allowed us to grow and thrive in this industry.

Looking Ahead to the Future

As we look to the future, we are more excited than ever about the possibilities that lie ahead. The challenges we face today, from climate change to emerging contaminants like PFAS, demand new levels of expertise, innovation, and collaboration.  We are ready to meet these challenges head-on, continuing to evolve (see our updated website) and adapt (changes to the virtual training process) just as we have for the past 36 years.

Updated Website

Our vision remains the same: to protect people, property, and the environment through high-quality consulting, training, and project management services. As we step into our next chapter, we will continue to push boundaries, embrace change, and lead with integrity ("Fallacy of Clearance Air Sampling")—just as we’ve done since 1988.

Fallacy of Clearance Air Sampling at EIA

Thank you to everyone who has been part of this incredible journey. Here’s to the next 36 years of innovation, leadership, and success!

Proposed Changes to Title 15 by NYC Department of Environmental Protection: A Summary

The New York City Department of Environmental Protection (NYC DEP) has introduced proposed amendments to Chapter 1 of Title 15 of the Rules of the City of New York, aimed at clarifying procedures, improving safety standards, and addressing issues raised by the regulated community. NYC DEP is holding a public hearing on the proposed rule.  The hearing will take place on September 25, 2024 at 11:00 AM.  The hearing will be conducted by video conference (click here for more information).  These changes focus primarily on asbestos control and are designed to streamline processes and address specific concerns about project management, record-keeping, and compliance (or in other words where the regulated community has beaten NYC DEP at the NYC Office of Administrative Tribunals and Hearings (OATH)). Below is a summary of the most significant proposed changes:

State-Certified Asbestos Inspector must be supervised by physically present CAIs

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Key Definitions and Clarifications

• ARTS E-File: This web-based system is used by applicants to submit and manage asbestos project notifications, variances, permits, and related documents (including amending these documents). The definition has been clarified to reflect its role in the filing process.
• Asbestos Assessment Report: The "Form ACP-5" now has a clearer definition, ensuring that asbestos investigators accurately report the presence (or absence) of asbestos-containing materials (ACM) even if those materials will not be disturbed by construction activity.
• Physically Present: A new definition specifying that an individual, such as a certified asbestos investigator (CAI), must be physically on-site during asbestos surveys or project oversight. Virtual supervision is not permitted.

Variance Applications and Procedures

• The NYC DEP is proposing updates to how variance applications are handled, particularly for projects involving Section 1-22(b), which requires certification by the NYC Department of Buildings (DOB). New procedures ensure that work cannot start without the NYC DEP’s approval, preventing confusion and improving coordination between variance and non-variance work.  In addition, it creates a Form V2 and Form V5 both forms are required to be posted at the workplace.
• A new fee category has been created for variance applications related to notifications, permits, and recordkeeping, addressing a previous gap in the rules.

Transition to Digital Certificates

• The NYC DEP is preparing for a shift from plastic certificates to digital or electronic alternatives. These certificates will be issued to asbestos investigators, contractors, and workers, making the process more efficient and environmentally friendly.

On-Site Presence, Supervision, and Recordkeeping for CAIs

• Certified asbestos investigators (CAIs) must now be physically present while non-CAI assistants perform survey work.  Not only present but must be there for the duration of the survey. It has always been NYC DEP's intent that CAI be present onsite during the asbestos survey.  This just makes even more clear, that supervision cannot be from a distance or virtually.
• The rules clarify that both CAIs and State-certified asbestos inspectors can perform bulk sampling, provided that a CAI is physically present to supervise. 
• Recordkeeping clarifications that each requirement for recordkeeping must be satisfied independently.  In addition, the removal of "written description" from blueprint, diagram, or drawing section.  The addition, to this section exact location and type of material where bulk samples were collected or assumed to be ACM.  The survey report must now include the scope of work and information regarding non-certified individuals, along with a description of the activities they engaged in.  Chain of custodies must be prepared in accordance with Environmental Protection Agency (EPA) recording requirements (QA Handbook Volume II Section 8.00).

EPA Chain of Custody

Work Place Safety Plan (WPSP) Updates

• Proposed updates to the Work Place Safety Plan (WPSP) removing the requirement to list non-asbestos contractors and introduce a new requirement: an Occupant Protection Plan. This plan is required if the asbestos project is being performed in a building where both asbestos abatement workers and non-asbestos abatement workers are working at any time during the permitted project.

Record-Keeping and Inspection Procedures

• Clarifications have been made to improve how final inspection and other records are stored, with a specific focus on protecting records from water damage. Contractors, Design professionals, etc. must now report any damage to DEP, ensuring that vital documentation is preserved.

Air Monitoring and Abatement Requirements

• A new section has been added to prohibit abatement work from being performed without air monitoring, reinforcing safety measures to protect both workers and building occupants.  The air monitor must be physically present at the workplace and air monitoring is being conducted.
• New air monitoring requirement for areas where a negative air duct has become damaged.
• Visual inspection prior to clearance must be documented in the project air sampling log, along with the inspection required for the A-TR1 final inspection report.
• Abrasive removal methods, including the use of grinder and beadblasters, are prohibited.

Emergency Projects and Variances

• Emergency asbestos removal projects may now be exempt from certain requirements, streamlining the process to address hazardous situations more efficiently.
• Clarification of what must be filed with the emergency notification.

Project Closeout and Final Forms

• The ACP15 and A-TR1 forms must be submitted to DEP within 21 days of project completion. Failure to comply may result in suspension of a contractor or air monitor's ARTS E-File account. This aims to ensure timely submission and project closeout, reducing delays.

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Conclusion

The some of the proposed changes to Title 15 are a step toward increasing safety, clarity, and efficiency in asbestos project management in New York City.  With these amendments, NYC DEP is addressing issues brought up by the regulated community, improving procedural transparency (in other words, closing loopholes), and paving the way for digital record-keeping and certification. 

Some of these updates highlight a commitment to worker and occupant safety, streamlined compliance processes, and clearer guidelines for asbestos professionals.  However, no changes to the air sampling requirements show that they are still in the dark ages for the need to switch to electron microscopic analysis of air samples for clearance.

Re-Post of our 20 Year Anniversary of 9/11, 10-Year Anniversary of the World Trade Center Health Program. Lesson Learned?

On September 11, 2001, Future Environment Designs (FEDTC) was teaching an asbestos supervisor refresher and an asbestos inspector initial course at the Underhill Blvd. Syosset office.  We were some of the fortunate individuals who were not in New York City when terrorists hijacked airplanes and proceeded to fly them into the World Trade Centers (WTC), the Pentagon, and crashed another in Pennsylvania.  On that day hundreds of thousands of people were exposed to a massive cloud of toxic gases and particulates from the terrorist attack on the WTC.  Significant failings by the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) led to tens of thousands of people who participated in the ensuing rescue, recovery, and clean-up efforts being exposed to the WTC toxic dust.  Nearly a half million people are estimated to be at increased risk of adverse health effects from exposures to physical, psychological, and emotional stressors in the days, weeks, and months following the terrorist attacks.  This year we honor their sacrifice on the 20th Anniversary of the attack on the World Trade Center.  On January 2, 2011, the James Zadroga 9/11 Health and Compensation Act of 2012 (the Zadroga Act) created the World Trade Center Health Program (WTCHP).  The WTCHP is administered by the director of the National Institute for Occupational Safety and Health (NIOSH).  So this year is also the 10th Anniversary of the WTCHP.  

We have no intention of changing our logo which depicts the NYC skyline with the WTC.

The WTCHP provides medical monitoring and treatment of covered health conditions for emergency responders, survivors, recovery and cleanup workers, and volunteers who helped at the WTC, the Pentagon, and the crash site near Shanksville, Pennsylvania, and maintains a research program aimed to improve the care and well-being of the affected population.  The WTCHP serves four groups of people affected by the 9/11 attacks:

• Fire Department of New York Responders,
• World Trade Center General Responders,
• World Trade Center Survivors (lived, worked, or went to school in NYC Disaster Area), and
• Pentagon/Shanksville Responders

From Express - 9/11 firefighters still Dying 20 years on - Devastating graph exposes the harrowing impact

As of December 31, 2020, 108,666 individuals have enrolled in WTCHP.  The ten most common certified conditions are:

• Chronic Rhinosinusitis
• Gastroesophageal Reflux Disease (GERD)
• Cancers
• Asthma
• Sleep Apnea
• Post-Traumatic Stress Disorder (PTSD)
• Chronic Respiratory Disorder - Fumes/Vapors
• WTC-Exacerbated Chronic Obstructive Pulmonary Disease (COPD)
• Anxiety Disorder (Not otherwise specified)
• Major Depressive Disorder

As the years go by, it will be interesting to see if this list changes.  In FEDTC's asbestos training courses, we discuss the latency period for asbestos-related diseases (asbestosis, lung cancer, and mesothelioma) are 10-50 years from the date of the first exposure.  In the next 5-10 years we will hit the beginning of the latency period for lung cancer and mesothelioma.  Currently, cancers only account for about 13% of WTCHP certified conditions with non-melanoma skin cancer (27%) and prostate cancer (21%) being the top two cancers.  Comparison studies indicate that prostate and thyroid cancer are elevated compared to other groups (without WTC toxic dust exposure). Other excess cancers at this time include bladder cancer, malignant melanoma, multiple myeloma, leukemia, and non-Hodgkin lymphoma.

It was published after the completion of the rescue, recovery, and clean-up efforts that there were no fatalities.  However, that isn't quite correct since we are seeing rescue, recovery, and clean-up workers dying from their exposure to the WTC toxic dust.  It is good to see that what occurred during the rescue, recovery, and clean-up at the WTC was not repeated at the recent rescue, recovery, and clean-up efforts at the Miami condo collapse.  As the picture below, from The Guardian, shows, rescue crews are wearing respirators to protect them from the potentially toxic dust from the collapse of that building.  If this is the lesson learned from the WTC tragedy, it was a hard lesson but one that will protect workers in other rescues, recoveries, and clean-ups in the future.  

 

The Guardian

Miami condo collapse: death toll rises to nine as crews search pile for survivors | Miami condo collapse | The Guardian

Future Environment Designs Celebrates Labor Day by Remembering Those Who Made Sacrifices!

 Future Environment Designs (FEDTC) wishes everyone a Happy Labor Day weekend!  We hope everyone takes the time to remember that today we are celebrating the contributions of the labor movement to the development and achievements of the United States of America (USA).  Many workers have sacrificed their lives in making these achievements.  On average, almost 100 workers are killed every week in the United States due to traumatic injuries suffered at work. Over 20 times as many die from occupational diseases, many due to exposure to hazardous substances many years before they died (for example, asbestos, silica, and coal dust) or from COVID-19 acquired at work.  It is important to remember those who made these sacrifices while working on the job.  These sacrifices also cost businesses profitability and increase workmen's compensation costs.  The Occupational Safety and Health Administration (OSHA) has created a tool to show the impact different types of injuries cost businesses.  

The United States Labor Department has produced a video to remember the history behind the creation of Labor Day.  Future Environment Designs hopes as we enjoy this weekend, we remember the importance and the sacrifices each of us makes to keep achieving and developing the USA, and even more importantly we remember solidarity, the sense that each of us should look out for the interests of all!

Sellers Required to fill out NYS Property Condition Disclosure Form by Chuck Merritt, President/LEED AP of Merritt Environmental Consulting Corp.

In March of 2024, New York State started to require the sellers of residential homes to fill out a “Property Condition Disclosure Statement” form.  Prior to the passage of the law, sellers could provide a $500 credit to the buyer and circumvent disclosing any “issues” that they were aware of.  The issues could range from past floods that may occurred to structural defects the seller may be aware of.  The new form has 56 questions of which 17 are environmental in nature ranging from knowledge of oil tanks (buried or above ground) to questions about the property being located in an agriculture district or designated wetlands. Each question is followed by a yes, no, unknown or not applicable box to check. 

Above Ground Storage Tank

The knee jerk reaction from many home owners I have interviewed was to just check 56 boxes as unknown. However, as the questions become more important to what a seller may or may not know, buyers (and their attorneys) may become uneasy with that approach.  Considering how prone areas of Long Island are to coastal flooding, checking unknown for this question will be a red flag to a buyer.  Checking one’s insurance policy could be an easy way to determine the yes or no box that will demonstrate a more transparent and cooperative effort. Questions about “known” material defects regarding structural systems, footings, beams, girders, lintels columns or partitions may very well be an unknown by the current home owner.  Considering most are not engineers and have lived in a home for many years with no problems, checking unknown may be appropriate.  Most buyers are still going to hire a home inspector to provide some due diligence to them as well.  When I meet with homeowners, they immediately tell me they know everything about the house because they have lived there for so many years.  By the time we go through the form together, they realize there are some questions on the form they don’t have any knowledge about. Not everyone knows the difference between fuses or circuit breakers in the electric panel.  That is one of the 56 questions.  My guess is most homeowners can answer 75% of the questions with a bit of leg work. Finding out the year of construction and school district (yup that is a question) do not take much effort.  

 

Legal Ramifications

 

Since the law is less than six (6) months old, the legal ramifications are still unfolding.  Can a new homeowner sue the seller for false or incorrect information on the property disclosure form?  Perhaps, but how long after buying the home and discovering the defect would that be considered appropriate?  There is no case law on this just yet. However, suing a seller several months or years after discovering the defect is discovered may be difficult.  Will attorneys want to take on these cases?  Will the fee be a portion of what they win for their clients, or will an attorney require a retainer for their services to take on the case?  For example, a defective patio or deck that may cost $20,000 to repair.  This is too big of an amount for small claims court that caps the amount one can sue for at $5,000.  Would an attorney want to take on the case for a portion of $20,000 or will they require a $5,000-$7,000 (or greater amount) retainer and then bill for additional time needed on the case.  Will the plaintiff be made whole after paying attorney fees?

 

Who Can Help With The Form

 

Real Estate agents are not supposed to be involved in the process for a variety of reasons.  Lawyers don’t typically know too much about the house they are drawing up a contract of sale on to get involved.  The time required may not be worth it to them considering their hourly billing rates.  Many I have spoken with do not want to tread into the areas like “wetland designations” as they can carry liability for being wrong.  Home inspectors have typically represented buyers and advocated for them as part of the due diligence before going to contract. Homeowners should look to see if they have such a report when they purchased the house as it may contain some of the information being asked in the property condition disclosure form. Being involved in real estate of all sizes and types for over 30 years, I have knowledge on most of the questions (especially the 17 environmental ones) and know where to find 95% of the other answers. Merritt Environmental Consulting Corp. (MECC) has developed a price point of $695 to provide a short report that the seller can use in answering the form and provide to the buyer for informational purposes. This will alleviate the concerns a buyer may have with 56 “I don’t know” boxes checked. 

Considering sellers once willingly gave a $500 credit to avoid answering such questions, the additional $195 should be money well spent. The form will be the responsibility of the seller as they must sign it, but having an advocate to assist and provide a report the buyer can have some comfort with, may be considered a good value to many.

Bio: MerrittEnvironmental Consulting Corporation (MECC) was formed in June of 2009, under the direction of Chuck Merritt who has been assisting lending institutions, insurance companies, attorneys, property owners and real estate investors for over two (2) decades. Our primary service is determining if legacy environmental issues exist at a property.

MECC located in Hauppauge which received a LEED Gold Certification in September of 2023 in addition, the firm has satellite offices in Florida and Vermont.  Chuck is a recognized expert in the field of environmental consulting and the Long Island Business News (LIBN) named Chuck a “Who’s Who in Engineering and Environmental Consulting” in 2007, 2013, and 2015.  Chuck is an Environmental Professional (EP) as defined by the ASTM governing body and a LEED (Leadership in Energy & Environmental Design) accredited professional (AP) issued by the United States Green Building Council (USGBC).