Thursday, February 24, 2011

Could NYS Be Promulgating Lead and Mold Regulations in 2011.

The brains of adults who were exposed to lead ...Image via Wikipedia
Brains of Adults Who Were Exposed to Lead as Children

A recent legislative/regulatory report for New York State by the American Industrial Hygiene Association's (AIHA) Government Affairs Department indicates legislative/regulatory activity on mold, lead based paint, and even asbestos.  The Person Engaged in Commercial Mold Remediation legislation is currently being reviewed in the Assembly's Committee on Environmental Conservation, while the Childhood Lead Poisoning Primary Prevention and Safe Housing Act is being reviewed in the Assembly's Health Committee. Indications are that both legislation will require licensing and/or certification of individuals performing this work in New York State.  2011 NY A 1769 Mold Legislation (introduced 1/11/11) will require applicants for a license to submit proof or certification by the American Council for Accredited Certification (ACAC) or any other nationally recognized, third-party accredited certifying body that operates independently of training organizations and industry trade associations.  An applicant for an initial license must pass the department licensing examination in that area of licensure with a score of at least seventy percent correct before applying for the license.  All applicants must pass the department licensing examination within six months of earning certification.  While 2011 NY A 728 Childhood Lead Poisoning Primary Prevention and Safe Housing Act will require the New York State Department of Health (NYSDOH) to promulgate rules and regulations that shall provide for, but not be limited to, qualifications of individuals eligible to conduct such inspections, standards of practice, procedures or protocol for conducting such inspections and requirements for written reports documenting the results of such inspections. To satisfy the requirements of this paragraph, the NYSDOH may adopt regulations sufficient to satisfy the requirements of 40 C.F.R. Part 745 Subpart Q or successor regulation. It would also allow the NYSDOH to promulgate rules and regulations sufficient to satisfy the requirements of 40 C.F.R. Part 745 Subpart Q or successor regulation, governing the accreditation of persons engaging in lead based paint activities.  Don't forget it will also establish by regulation a schedule of fees for the accreditation and registration of persons engaging in lead-based paint activities or conducting inspections for conditions conducive to lead poisoning or lead-based paint activities. Such fees shall be required to be paid at the time of initial registration and at the time of subsequent renewal of registration and shall be deposited into the childhood lead poisoning primary prevention and safe housing fund established pursuant to section ninety-nine-t of the state finance law.
Along with many of you, I don't know what the chances are of these regulations actually being promulgated.  It will be interesting to see if the new year sees us with both lead and mold regulations.  In addition, their seems to be movement on the asbestos front on a new regulation taking into account the Deutsche Bank fire issues.  The PACNY Environmental Conference is in three weeks and we will see if Mr. Chris Alonge has anything new to say about the asbestos regulations.
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