EPA Clarifies Miscellaneous Materials Sampling - RePublished

Over the past several months in the asbestos refresher classes, we have been talking about the clarification letter that the Professional Abatement Contractors of New York (PACNY) sent to all asbestos contractors and consultants back in November 2007. This letter detailed clarification from the Environmental Protection Agency (EPA) under the Asbestos Hazard Emergency Response Act (AHERA) regulation to a question from Mr. Christopher Alonge of the New York State Department of Labor (NYSDOL) regarding the minimum number of samples that should be taken for miscellaneous materials. According to this clarification (follow the link above for the PACNY letter and clarification), the minimum number of samples that should be taken of miscellaneous materials (i.e., floor tiles, roofing, caulk, ceiling tiles) is two. The original AHERA section covering sampling of miscellaneous materials indicates that the word used in this part of the regulation is "samples" indicating more than one.

Realize this is only an issue if you took one sample of let's say floor tiles, and based on the result (remember floor tiles are analyzed utilizing the nonfriable organically bound material method of analysis, requiring final negative results to be analyzed by Transmission Electron Microscopy (TEM)) you said the floor tiles did not contain asbestos. The EPA clarification says that you needed another negative sample result to say the floor tiles did not contain asbestos. This issue obviously does not impact those of you who have been following our recommended procedure of taking at least three samples per homogeneous miscellaneous material. If you followed our recommendation you would have three negative results before declaring a miscellaneous material not asbestos-containing and would be in compliance with the clarification and the original regulation.

2009 PACNY Environmental Conference

On February 26-27, 2009, the Professional Abatement Contractors of New York (PACNY) held their 13th annual Environmental Conference at the Turning Stone Casino and Resort in Verona, New York. If you have attended this conference before you already know that PACNY does a great job of inviting individuals to speak on current contractor/consultant issues and/or current regulatory issues. In what has become a tradition for the conference, the focus of the second day was the New York State Department of Labor (NYS DOL) and what was affectionately referred to as the Chris Alonge Road Show.
Over 200 people attended the conference this year, not a bad number considering the condition of the economy. However, this year the absence of downstate contractors/consultants was particularly noticeable. It was too bad, because this year’s conference was one of the best. The Mohawk Room had nearly 30 vendors including Grayling Industries, DiVal Safety, Aramsco, and Fiberlock Technologies. Aramsco‘s booth was showcasing a new piece of equipment, a floor buffer with an attachment for a HEPA vacuum, that could be used under the NYS DOL Applicable Variance A-3. This floor buffer with the attachment for a HEPA vacuum would allow a contractor using it to perform mastic removal work with a remote decontamination facility.
All the presentations were held in the Oneida Room. One of my favorite presentations was a two part presentation between Mr. Dale Lesinski, Vice President of DiVal Safety and Mr. Eric Giguere. Mr. Eric Giguere was buried alive in a construction accident and told us his story of survival and his life since his near-death experience. Before Mr. Giguere’s presentation, Mr. Lesinki set the audience up with a Behavior Based safety presentation that worked well with Mr. Giguere’s presentation. The presentation created a powerful 1-2 punch for worker safety. This presentation was so powerful we saw several audience members, including myself, wiping tears away.
The other presentations included:

• Dr. Bruce Lippy’s, of The Lippy Group, presentation on lessons learned from Ground Zero and Boca Raton Anthrax Cleanup. Interesting points: (1) Hazwoper procedures should be an integral part of disasters; (2) Better management of critical incident stress among workers; (3) Better management of the transitions from Rescue to Recovery to Cleanup; (4) Most fatalities involved with work zone safety; (5) Better understanding of the linear relationship between extended work schedule and worker risk of injury: (a) 18 hours of sustained wakefulness produces a performance impairment = 0.05% of blood alcohol content; (b) 24 hours of sustained wakefulness produces a performance impairment = 0.10% of blood alcohol content.


• Mr. Aaron Hilger’s, of the Rochester Builders Exchange, presentation on the recent changes to Wick’s Law (Nassau/Suffolk –increase to threshold from $50,000 to $1.5 million) and the economic climate for the construction industry. His discussion also included current view of the stimulus bill and impact of health care reform.


• LeChase Construction/Eastman Kodak’s presentation involved four speakers (Raymond LeChase, Jr., Darren Yehl, Jim Gerek, & Edward Slovak) point of view of the Eastman Kodak’s Footprint Reduction Program. The program consisted of the remediation – demolition of 80 structures totaling over six million square feet.

On the second day the Oneida room presentations included:

• IAQ Technologies’ Mr. Bob Krell did a presentation on Indoor Environments and Green Buildings that was primarily a mold presentation.


• Lawyers from NYS DOL & Mr. Chris Alonge then discussed: (1) The “Asbestos Successor Legislation” that went into effect in July 2008; (2) The Guidance Document version 2.0; (3) Proposed changes for the Emergency Rule Making of Industrial Code Rule 56.


• The final presentation was a panel discussion including Mr. Chris Alonge. This panel discussion was a Q&A session for the panelist to discuss directly with Mr. Alonge. Audience participation was restricted until after the panelist finished their questions.

All in all the conference was very informative and well worth the trip. It was a pleasure to get together with old friends, make some new ones, and reacquaint with some friends we had not seen in years (Special hello to Patty Kirkland of EMSL). Bravo to the PACNY organization and the committee that put this year’s conference together, they did a great job. We look forward to next year’s conference and hope to see you there next year.

PACNY Conference Opens on Thursday, February 26, 2009

The Professional Abatement Contractors of New York's 13th Annual Environmental Conference starts on Thursday, February 26 and runs until the 27 at the Turning Stone Casino, in Verona, New York. As usual Mr. Christopher Alonge from the NYS Department of Labor, writer of Industrial Code Rule 56, will be there to discuss the new Guidance Document and the recently announced Emergency Rule making regarding changes to Industrial Code Rule 56. In addition, Alyssa Talanker, Esq, Legislative Counsel - NYS Dept. of Labor will be discussing “Asbestos Successor Legislation – Implications for New York
Abatement/Remediation Contractors”. We look forward to going and hope to see some of you there.

News from PACNY's Environmental Conference

As we previously discussed, I was attending the 12th Annual PACNY Environmental Conference. It was an excellant conference that brought out some new developments in the Abatement Industry. Mr. Christopher Alonge, PE of the New York State Department of Labor, was one of the presenters that most people were anxious to hear from and as usual he did not disappoint the attendees. What has become standard practice at this event Mr. Alonge gave those present some food for thought. First, Mr. Alonge announced a new Petition for an Asbestos Variance Form (SH 752) and the possible release sometime in 2008 of two new variances; "Mechanical fastening of items/components or systems - penetrating through non-friable ACM - Not considered an Asbestos Project" and "Small & Minor Size Asbestos Disturbance Cleanup Projects - to be used for cleanup of all types asbestos disturbances". This new Variance form should be on the DOL website this month (the form is currently on our discussion board website at (http://groups.google.com/group/fed-forum/web/new-petition-for-an-asbestos-variance-form-sh-752). Mr. Alonge also announced a new guidance document (v2.0) that should be on the website in the next few months that will have 120 new questions/answers added. Mr. Alonge is also in the process of working on a new ICR56 that will incorporate some Fire & Life Safety Issues (because of lessons learned at the Deutsche Bank Building tragedy) some examples include the use of fire retardant sheathing, negative air disconnect switch, and maintaining existing fire protection systems.

Another interesting presenter was Thomas V. Roberts, RA from NYS Education Department. Mr. Roberts informed us that NYSED developed "Protocols for Addressing Polychlorinated Biphenyls (PCBs) in Caulking Materials in School Buildings" in June 2007 (http://www.emsc.nysed.gov/facplan/HealthSafety/PCBinCaulkProtocol-070615.html). This protocol is recommending that any school buildings constructed or renovated between 1950 and 1977 and undergoing current renovation or demolition, be evaluated prior to the renovation work to determine whether they contain caulk that is contaminated with PCBs. NYSED would require a PCB abatement plan be submitted with the renovation or demolition drawings addressing the potential environmental and public health concerns in abateing the caulk. If plans are submitted without the PCB evaluation, the plans will be rejected.

Maureen Cox, NYS DOL Director of Safety & Health, presented that DOL has seen a 12% increase in penalties collection this past year and would like to see Senate Bill 372 known as Successor Legislation, pass. The point of this legislation would be to prevent the owners of an asbestos abatement company from closing their business to avoid fines and then open under a new company to continue to do abatement work. The legislation would also increase the penalties and fines issued under the Industrial Code Rule 56.

PACNY introduced the PACNY Asbestos Proficiency Initiative, the purpose of this initiative is to create a certification that will be administered by PACNY that will establish another level of certification specifically for Project Monitors, Supervisors, and Project Designers. To be able to take the computer based certification exam, which will be offered through Slyvan Learning Centers, the individual must show three years of DOH 2832s. The exam will be given in two parts, part 1 will be a 50 question closed book exam and part 2 will be an open book scenario-based questions. PACNY Proficiency Certification (PPC) will require the accumulation of 20 hours of certification maintenance each year and the taking of a refresher exam also at the Slyvan center.

The conference as always was very interesting and exhibit had the usual suppliers Grayling Industry showing off the New Larger Pop-up Decon meeting NYS DOL requirements, and Cole Stanton from Fiberlock Technologies who discussed the revision to the use of chemical tools to the S520 standard from IICRC. IICRC stands for the The Institute of Inspection, Cleaning, and Restoration Certification which publishes the S520 Standard and Reference Guide for Professional Mold Remediation. The new standard which should be out before the end of 2008, basically says that unique circumstances may arise allowing the consideration of antimicrobial coatings, or biocides.

The event is usually held at Turning Stone Casino and it appears that next year's event will be around the same time, we hope to see you there next year.