Future Environment Designs Training Center specializes in asbestos, indoor air quality, industrial hygiene, and occupational safety training programs. We offer New York State asbestos and mold certification courses. We design, develop, and maintain the various indoor air quality, asbestos, and safety programs that are Keeping Your Employees Safe.
On Thursday, February 27, 2020, Ms. Deb Sanscrainte, of ARAMSCO and the conference chairwoman, and Timothy Thomas of Tetra Tech and President of PACNY, opened the second day, known as the Professional Day, of the Professional Abatement Contractors of New York's (PACNY's) 24th annual Environmental Conference, being held at the Turning Stone Casino in Verona, New York. Attendees expected a full day of presentations ending with the Conference Sponsors Reception. Presentations from the conference can be found on PACNY's website. The Professional Day of the conference includes the opening of the Vendor Exhibit Hall with a continental breakfast and 30 vendors attending the conference, an increase from last year! See the reception video to see the various vendors!
The keynote speaker for the conference was Ms. Luann Meyer, Solid Waste Administrator for Monroe County Department of Environmental Services, speaking on "Recycling-The Long and Winding Road". She discussed that most counties have fact sheets to know what is or aren't recyclable or you can tell by the shape of the container. She also discussed the New York State's plastic bag ban that went into effect March 1, 2020, all single-use plastic bags have been banned. Paper bags are not part of the ban and all stores that collect sales tax are impacted. Our next speaker was Jack Snider III, President & Sr. Consultant of AMRC Environmental Services, speaking on "Take Home Asbestos Exposure". Mr. Snider discussed the asbestos abatement illusion regarding the decontamination of the workers. He stated that workers, in Florida, during the removal of the floor tile, mastic, and other non-friable asbestos-containing materials (ACM) typically wore street clothes into the work area, and they are not showering nor vacuuming themselves/their clothing upon exiting the containment. If showers and vacuums are provided the showers are not connected nor attached to the work areas. When questioned why the workers did not decontaminate or wear proper personal protective (PPE) common responses included "the air samples did not show elevated fibers"; "It's floor tile"; and "I have been doing this longer than you!". The presentation then went into how he collected his samples using the American Society of Testing and Material (ASTM) standard D5755-09 microvacuum sampling method to collect several samples from workers, their clothing, vehicles, and surface areas after clearance of the work area was conducted. Findings from his study suggest asbestos abatement workers are bringing home significant amounts of asbestos fibers from these types of projects. The presentation was eye-opening!
Ms. Luann Meyer Discusses Recycling
After a break in the Vendor Exhibit Hall, the presentations continued. Similar to the first day of the conference, the next two presentations and the last presentation of the day awarded continuing education points for architects and engineers attending the conference. These points were awarded by the American Institute of Architects (AIA) and were coordinated by Kevin Hutton, of the Rochester Colonial Manufacturing Corp. The presentations awarding these points were Martin S. Rutstein, Ph.D. & Marc E. Rutstein, CAI, Presidents of Ecological Consulting & Management Services, Inc., discussing "Regulations - How did we get here and Where are we going?"; Sean Miller's and Mike Mazzara's, of Genesee Environmental, LLC, presentation included information provided by Stephen R. Gheen, PE, of Gheen Engineering (who could not present due to illness), on "Mercury in Sports Floors, Regulatory Guidance, Remediation, and Disposal"; and Joseph Cantone, of Colden Corp., Sean Hart, of Energy & Environment, and Peter Delucia, of AAC Contracting, presentation "Asbestos Surveys: The Good, The Bad, and the Ugly".
The Rutstein's presentation talked about the asbestos regulations and some advice for asbestos professionals - plan the job-take a fresh look, hire good staff (exert oversight of site staff), maintain required records, and plan for unexpected contingencies! Mr. Miller's and Mr. Mazzara's presentation on Mercury in Sports Floors was a deep dive into mercury remediation regulations, guidelines, and the disposal process. An important point made in the presentation was how it was different from an asbestos job. In addition, Mr. Mazzara's section on mercury waste handling, transportation, and disposal provided a lot of information on handling hazardous wastes.
Sean Miller Discusses Its Not An Asbestos Job
Mike Mazzara Discusses Mercury Waste Handling, Transportation & Disposal
After a lunch break and time spent in the Vendor Exhibit Hall, the next presenter was Jennifer Kavney Harvey, Esq., Partner of Coach White, LLP, discussing "NYS WBE/MBE Requirements". Ms. Harvey's presentation pointed out that spending in the last nine years for Minority-owned and Women-owned Business Enterprises (MWBEs) has increased by 25 times (in dollars) while the number of MWBEs has increased by 18%. In addition, she discussed the Governor's 2014 press release increasing the statewide composite goal to 30% without a disparity study basis, modifying the Executive Law, or modifying the MWBE regulations. Most goals from 2014 to the present were 30%. After a short break in the Vendor Exhibit Hall, the next presenter was Karlee Bolanos, Partner at Bolanos Lowe PLLC, discussing "Understanding Your NYS Sexual Harassment Prevention Obligations". Ms. Bolanos discussed Sexual Harassment Prevention requirements that were effective October 9, 2018, that included a New York model policy that at a minimum must prohibit sexual harassment; provide examples of prohibited conduct; include information concerning the federal and state laws; include a statement regarding applicable local laws & contacting law enforcement; include a standard complaint form: include a procedure for the timely and confidential investigation of complaints and due process for all parties; include information about rights of redress; clearly state that sexual harassment is considered a form of employee misconduct; and clearly state that retaliation against individuals...is prohibited. She also discussed recent changes that were effective October 11, 2019, regarding behavior beyond a "petty slight" or "trivial inconvenience" that may be illegal.
Jennifer Kavney Harvey, Esq Discusses MWBE Spending & Utilization
Karlee Bolanos discussing Sexual Harassment Law
The final presentation of the day was Joseph Cantone, of Colden Corp., Sean Hart, of Energy & Environment, and Peter Delucia, of AAC Contracting, discussing "Asbestos Surveys: The Good, The Bad, and the Ugly". Obviously, their presentation was broken into three sections with Mr. Cantone talking about good asbestos surveys, Mr. Hart talking about bad asbestos surveys, and Mr. Delucia talking about ugly asbestos surveys. The day ended in the Vendor Exhibit Hall with the Conference Sponsors Reception, which included Hors d'oeuvres, food, and an open bar. The after-party at Dival's Safety Equipment's hospitality suite allowed for more time to network and discuss the presentations of the past two days! All the presentations were excellent and provided very useful information for those who attended the conference. Looking forward to day three and the New York State Department of Labor Panel!
In our recent asbestos inspector/designer classes we have been informing them about the New York State (NYS) requirements for dust/surface sampling. Under NYS Department of Labor (NYSDOL) Industrial Code Rule 56, dust and debris are listed as suspect miscellaneous asbestos containing materials (ACM). Meaning that if the building was built pre-1974, this debris and dust that is visually assessed by the inspector shall be treated and handled as ACM and shall be assumed ACM, until bulk sampling is done. Well the question comes how do you bulk sample debris and dust?
Asbestos Inspector Initial Course
The best way is to collect the debris and dust by scraping it into a asbestos sample bag using a knife or a scraper. This material could then be analyzed using NYS Department of Health (NYSDOH) Environmental Laboratory Accreditation Program (ELAP) method 198.1. NYSDOH ELAP method 198.1 is the standard polarized light microscope method utilizing dispersion staining and point counting.
Another popular method for collecting debris and dust samples is the American Society of Testing and Materials (ASTM) standard "D5755 - Microvaccum Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy for Asbestos Structure Number Concentrations" The D5755 method requires vacuuming a known surface area (100 squared centimeters is mentioned in the standard but it could be larger or smaller). The vacuuming is done with a standard 25 or 37-millimeter air sampling cassette (the air sampling cassette should have a mixed cellulose ester (MCE) or polycarbonate (PC) filter membrane with a pore size less than or equal to 0.8 micron) and an air sampling pump. A plastic tube should be attached to the inlet orifice to act as a nozzle and should be cut at a 45 degree angle. The air sampling pump should be calibrated to run at 2 liters per minute. The D5755 method incorporates a method of analysis for the sample, however, in NYS that method cannot be used. According to the NYSDOH ELAP Frequently Asked Questions (FAQ) number 8, "all bulk samples collected must be analyzed by ELAP
approved methodology at an ELAP accredited laboratory. ASTM method D5755 ....... are not certified as
ELAP approved methods of analysis." The method of analysis that shall be used, especially if you want transmission electron microscope analysis, is NYSDOH ELAP method 198.4.
The D6480 method also incorporates a method of analysis for the sample, however, again in NYS that method cannot be used. According to the NYSDOH ELAP Frequently Asked Questions (FAQ) number 8, "all bulk samples collected must be analyzed by ELAP approved methodology at an ELAP accredited laboratory. ASTM method......and D6480 are not certified as ELAP approved methods of analysis." The method of analysis that shall be used is NYSDOH ELAP method 198.4.
The interesting part about this is, NYS ELAP approved laboratories should be advising asbestos inspectors they cannot use the ASTM methods of analysis. However, we've heard of several times when this has not occurred. According to the above information, an inspector should be getting results for the samples collected in percent by weight (%), which they can then use to compare with the Environmental Protection Agency's (EPA's) definition that an asbestos containing material contains greater than 1% of asbestos by weight. If they use the ASTM methods they will get results of structures per square centimeter. There is no government standard to compare these results to and be able to give a determination is the material asbestos containing or not. However, that has not prevented individuals from determining that areas are contaminated, or that debris or dust is ACM. This has cost owners thousands and millions of dollars to cleanup areas based on this analysis. It is even more interesting to note that ASTM in the "Significance and Use" section states:
This test method does not describe procedures or techniques required for the evaluation of the safety or habitability of buildings with asbestos-containing materials, or compliance with federal, state, or local regulations or statutes.....
At present, a single direct relationship between asbestos sampled from a surface and potential human exposure does not exist.....
When using the two ASTM methods, an inspector must be very careful in collecting the samples and interpreting the data that you get from these methods. Experience and knowledge are key.
As we discussed in our previous post, the Professional Abatement Contractors of New York's (PACNY's) 20th Annual Environmental Conference was witty, intelligent, & had a magnetic personality. Held at the Turning Stone Casino in Verona, New York for all three days was magnetic with excitement. Wednesday night included the first annual PACNY Poker Tournament won by Mr. Chuck Kirch of Environmental Compliance Management Corp. However, we digress, the Technical Session on Thursday continued after lunch with presentations from Dr. Bryan Bandli, PhD of RJ Lee Group on the "Quantification of Amphibole Asbestos in Loose Fill Vermiculite - A validation case study" written with an eye to New York State approving it for bulk vermiculite analysis. Then Ed Cahill of EMSL presented on "Identifying and Dealing with Naturally Occurring Asbestos in Surveys". Exhibit Hall break followed and the issuing of the wrist bands for the Vendor reception after the last presentation.
Deb Sanscrainte of Aramsco, Lisa Brown of Summit Environmental the PACNY Adinistrator, & Lynn Burlingham of Cornerstone Training Institute
The final presentation of the Thursday Technical Session was Mr. Tom Laubenthal of The Environmental Institute (A division of ATC Group Services). Mr. Laubenthal's presentation was on the "American Society of Testing Materials (ASTM) E2356-14 Standard Practice for Comprehensive Building Asbestos Surveys" which included a letter from the Environmental Protection Agency (EPA) regarding the ASTM standard and its relevance in performing asbestos surveys for compliance with the National Emissions Standards for Hazardous Air Pollutants' (NESHAP's) "thorough inspection" requirement. The letter and the standard are extremely helpful information for performing a proper inspection in order to comply with the NESHAP regulations, which we will add to our asbestos inspector courses (a copy of the letter can be found at our Resource Page on our website, Click on the link to the Dropbox Folder. The letter is in the EPA folder). The day ended with the vendor reception in the Vendor Hall. One of the interesting vendors was qub9 Environmental which is creating portable decontamination units from shipping containers. Unfortunately, they didn't have a container at the conference to see how it would work. We thank everyone who stopped by our booth to say hello and enter there card for the drawing on Friday.
There were 27 vendors in the vendor hall and the reception was a perfect way to end the Technical Session first day.
It was an honor for me to present on Friday with Mr. Bob Krell of IAQ Tech on the New York State (NYS) Mold Law Article 32. A big Thank You! to everyone who encouraged me with my first presentation at PACNY. Our presentation was very well-balanced between technical and overview, in my humble opinion. The usual highlight of the last day of the conference is the panel from NYS Department of Labor (NYSDOL) led by Dr. Eileen Franko, Director of the Division of Safety and Health; which included Mr. James Meachum, P.E., manager of the Asbestos Control Program; Mr. Ed Smith, P.E. of the Engineering Services Unit; and "Mean" Mr. Kirk Fisher, manager of the License and Certification Unit. Some of the highlights of the presentations by the panel included changes to Industrial Code Rule 56; additional inspections of school districts regarding compliance with the AHERA (Asbestos Hazard Emergency Response Act) regulation (Long Island School Districts can expect to see NYSDOL this spring); there will be a public comment period for rules and regulations under the new mold law (Article 32) and an expectation that mold supervisors may need to be present at mold projects; code officials must provide condemnation letters for demolition projects; emergency projects are handled on a case-by-case basis and the information should be forthright and accurate; and what consists of a contamination assessment. Some of the changes to Code Rule 56 are removing the 1974 cut off date and adding responsibilities and teeth to the project monitor. The conference ended with lunch and a final networking among attendees.
FED Team (Kimberly Granmoe, Sheryl Esposito, Veronica & Angelo Garcia III) at the Vendor Reception
Overall the conference was an excellent source of information, the presentations have helped to improve our classes, and was an excellent networking event in meeting regulators, suppliers, trainers, consultants and contractors. If you missed the conference and you want to get some additional highlights, you can head over to Twitter and search for our tweets during the conference under the hastag #FEDTCPACNY. We look forward to attending next year's event (scheduled for March 1-3, 2017, so save the dates) and hope to see you there!
