PACNY's Environmental Conference Is Back!! Counting Down The Days to March 3 and March 4, 2022!!!

The Professional Abatement Contractors of New York (PACNY) have announced the dates for their annual Environmental Conference to be held on March 3rd and 4th, 2022.  It will be held at the Turning Stone Resort & Casino in Verona, New York.  Visit Turning Stone Casino's website for pandemic questions.  To register for the conference or sponsor the conference click here!

Return of New York State Department of Labor Panel

Obviously, due to the pandemic, last year's conference was not held.  This year's conference goes back to the original format of two days - Thursday & Half-day Friday.  Thursday is usually the Professional Day and we're looking forward to the following presentations: a presentation by a New York State Department of Labor (NYSDOL) Inspector by Elizabeth Kirkland;  The Evolving Role of the NYS Project Monitor, and a roundtable discussion by PACNY experts on mold, that will include Jack Springston of ATC.  PACNY has asked us, (Angelo Garcia, III's, of Future Environment Designs, Inc. (FEDTC)), to speak and we will be presenting on the "Trials and Tribulations of Training During a Pandemic".  We hope our presentation will be an entertaining look into trying to maintain a training program during a pandemic.  We would like to thank Ms. Karen Cummings, M.P.H., Director of the New York State Department of Health's (NYSDOH) Asbestos Safety Training Program for providing us with data for our presentation regarding the number of asbestos training certificates issued during the last four years.  We would also like to thank Mr. Chek Beng Ng, P.E., Professional Engineer, of the NYSDOL Engineering Services Unit, for also providing us with the mold training data, since 2015, for our presentation.  With this information, it will be interesting to see the impact the pandemic had on training and in extension on the available workforce.   After the last presentation, we will head over to the Exhibition Hall with the Vendors/Sponsors of the conference and network with the attendees at the open bar.  Yes, that's right Happy Hour is back! 

Happy Hour At the Exhibition Hall

FEDTC is one of the sponsors of the conference again and will have a booth in the Exhibition Hall.  Ms. Sheryl Esposito is returning to be the woman at the booth.  Come by and say hello!  As we have in the past, we will be tweeting the conference.  To follow the conference on Twitter, you can search for the hashtag #FEDTCPACNY or you can follow on our Twitter account at https://twitter.com/angelogarcia3. 

  

Sheryl Esposito at the FEDTC Booth

Half-day Friday is Regulatory Day with the NYSDOL's Asbestos Control Bureau usually doing a brief presentation and then doing a questions and answers session.  One question certain to be asked will be when will the Fast Track Variances return?  Mr. Ed Smith, P.E., Program Manager of the NYSDOL Engineering Services Unit will be expected to answer that question.  This year we will have new people on the podium.  Dr. Eileen Franco has retired and the new director is Amy Phillips.  Mr. Kirk Fisher takes over for Mr. James Meacham, P.E. as head of the Enforcement Unit.  This ponders the question of who takes over the Licensing and Certification Unit?  Mr. Paul Demick, Associate Safety & Health Inspector, will be on the podium for the NYSDOL License & Certificate Unit.    Lunch on Friday is the last meal of the conference and the last chance to network with the attendees.  It will be good to get back to Turning Stone and see all our friends and business associates, again.  Hoping to see you there!

PACNY's Environmental Conference Day Three - A NYSDOL Surprises with Fast Track Variances!

The last day of the Professional Abatement Contractors of New York's (PACNY's) 24th annual Environmental Conference was held at the Turning Stone Casino in Verona, New York on Friday, February 28, 2020.  The last day started similar to the first day with opening remarks from Ms. Deb Sanscrainte, of ARAMSCO and the conference chairwoman, and Timothy Thomas of Tetra Tech and President of PACNY.  These remarks included a change in the program because a snowstorm caused the originally scheduled speaker unable to attend the conference.  The beginning presentation was by Martin S. Rutstein, Ph.D., President of Ecological Consulting & Management Services, Inc. discussing talc litigation.  Followed by Brent Kynoch of the Environmental Information Association (EIA) discussing the benefits of joining the EIA.  The Regulatory Day of the conference includes the last chance of visiting the Vendor Exhibit Hall with a continental breakfast and visit the 30 vendors to get a chance to win the vendor gift cards/prizes.

Dr.Rutstein speaking about talc litigation

After the two morning presentations, and a short break in the Vendor Exhibit Hall, the New York State Department of Labor's (NYSDOL's) Panel with a question and answer session began.  The panel included  Dr. Eileen Franko, the Director; Mr. James Meacham Program Manager, Asbestos Control Bureau; Mr. Kirk Fisher, Program Manager, Licensing & Certification; and Mr. Ed Smith, Program Manager, Engineering Services Unit.  Questions and answers session was moderated by Mr. Tim Thomas of Tetra Tech Engineering.

NYSDOL Panel Discussion

The panel started with some opening remarks by Dr. Eileen Franko which included announcing her retirement in March 2020.  Making this the last year she will be on the panel.  Those of us who have gotten to know Dr. Franko through the years will miss her leadership and her willingness to listen to the industry and work with the industry to better things for all contractors and consultants.  As usual, the discussion of a new industrial code came up and it is still being worked on.  Mr. Smyth announced, to everyone's surprise, that they had launched a pilot program for certain site-specific variances (SSVs).  This pilot program is called Fast Track Variances.  These variances are common variances that are issued regularly by NYSDOL.  The purpose of this program is to speed up the review process for these routine variances and reduce the workload.  Currently, SSVs can take two to three weeks to turnaround.  Fast Track Variances can potentially be issued within the same day they are received.  There are 10 Fast Track Variances available and can be found at NYSDOL's Division of Safety and Health (DOSH) Engineering Services Unit's website.  Mr. Meacham discussed enforcement regarding Article 32 the NYS Mold Law.  NYSDOL has received 175 complaints and has issued 30 violations.  Most of the complaints are tenant-landlord complaints which do not apply to the law.

Future Environment Designs was a Gold Sponsor of PACNY's Environmental Conference

Another conference has ended and another successful year for PACNY with over 600 people attending the conference with 30 vendors exhibiting in the Vendor Exhibit hall both increases versus last year.  Though we are happy for Dr. Franco and wish her all the best, the industry will miss her.  Though she does leave us with a solid group of professionals running the various divisions that matter to the asbestos and mold industries.  Hope to see you next year!  

Winter Storm Impacts PACNY Conference, Part One.

Turning Stone Lodge before the Storm

This year was the Professional Abatement Contractors of New York (PACNY) 22nd Annual Environmental Conference.  This year's conference was overshadowed by Winter Storm Riley which turned into a Nor'easter and hit Turning Stone Casino between Thursday night & Friday Morning, March 1-2, 2018 with about 7 inches of snow.  Which put a dampener on attendance with only a few Long Islanders making the conference this year.  However, the Vendor Display/Exhibit Hall seemed to have the usual amount of vendors, maybe we even had more than the usual.  This year's schedule was a little different from past years in that presenters were given a little more time for their presentations and more time was given between presentations to spend in the Vendor Display/Exhibit Hall.  As usual the PACNY Board did an excellent job of putting everything together, which special accolades to Ms. Deborah Sanscrainte of Aramsco, the conference chairperson and Ms. Lisa Brown of Summit Environmental, Administrator.

Mr. Meacham discussing the Enforcement Process

The first day, known as Proficiency Workshop day consisted of two presentations the first was Mr. James Meacham, PE, program manager for New York State Department of Labor' (NYSDOL)'s Asbestos Control Bureau (ACB), discussing "Solving the Mysteries of the Asbestos Control Bureau".  Mr. Meacham's presentation went through the process of an inspection, the issuance of a Notice of Violation (NOV), and then continued with the process of resolving the NOV.  His presentation did an excellent job of bringing transparency to the enforcement process.  A key point of Mr. Meacham's presentation, was the response from the contractor (violator) issued the NOV.  Contractors have two opportunities to address a violation, onsite during the inspection and the second time, is when responding to the written violation.  Onsite, if their is no dispute contractors should stop work, fix the discrepancy(ies) and document the actions in the logbook.  If there is a discrepancy, contractors should work towards complying with what can be done, document your position on the deficiency, and document your corrective actions in the logbook.  When a violator receives a violation,  the contractor should review the project with their staff, gather the compliance documentation, and submit a response to the NOV.  This is important part of the process and could go a long way in mitigating violations.

Mr. Meacham discussing the Violation Review Process

The second presenter was Mr. Kevin Hutton, of Cornerstone Training Institute, discussing "Complexities of NYSDOL, OSHA, and EPA".  Mr. Hutton provided a handout called a "Guide to NYS CR56-11.1 In-Plant Operations", this guide provided basic information regarding how Industrial Code Rule 56 handles the requirements for in-plant operations and what Occupational Safety and Health Administration (OSHA) 1926.1101 work practices would apply under in-plant operations.  In addition, Mr. Hutton's presentation, discussed NYSDOL Engineering Service Unit's addition of full-time project monitoring to many variance applications.  The additions have included wording of what the responsibilities of the project monitor are for these variances (since Industrial Code Rule 56, itself, does not provide much information regarding that).  Which brings up the question whether project monitors realize the scope of their responsibilities on such projects.  We suspect not, since we've already seen some project monitors being issued violations for not following the variance requirements.

Mr. Hutton discussing full-time Project Monitoring added to Variances

That ended the first day of presentations, with later that evening the PACNY President's (Joseph Cantone, of Colden Corporation) reception was held, where many of us gathered and discussed concerns regarding the pending storm.  Stay tuned for Part Two the Technical Sessions and the Vendor Reception!

Our waitress serving "The Gotham" at the TS Steakhouse

Related articles

• Nor'easter hits East Coast, grounds flights and halts trains(bostonherald.com)

  ---

• Bombogenesis turns winter storm Riley into a monster as it batters US coast(telegraph.co.uk)

  ---

• PACNY's Environmental Conference - The NYSDOL Round Table - Day Three and So It Ends!(futureenv.blogspot.com)

  ---

• PACNY's Environmental Conference - Day 1 - And So It Begins!(futureenv.blogspot.com)

  ---

Is It Really Here Again! The 21st Annual PACNY Environmental Conference Starts March 1, 2017.

This year the Professional Abatement Contractors of New York (PACNY) Conference seemed to sneak up on us.  It's only two weeks away.  The first day of the 21st Annual PACNY Environmental Conference is on Wednesday, March 1, 2017 at 11:30 AM.  To register for the conference visit PACNY's website.  The conference will start with lunch from 11:30 AM to 12:30 PM, with Kevin Malone of New York State Department of Health (NYS DOH) kicking off the presentations.  Mr. Malone is in charge of the division that regulates asbestos training providers.  Next up will be Don Pierce from NYS Department of Labor (NYS DOL) updating us on the Asbestos Hazard Emergency Response Act (AHERA) auditing (an EPA grant allows NYS DOL to perform the auditing for Environemtal Protection Agency (EPA)).  Then the first day of the conference will end with a Variance Writing Workshop led by Kevin Hutton of Cornerstone Training.

Dival's Booth at PACNY

The second day of the conference has another great lineup of speakers.  Dr. Marty Rutstein returns speaking about "Talc with Tremolite and Other Amphiboles"; and Tom Laubenthal also returns speaking about "Using ASTM E2356 to Meet "Thorough Inspection Requirements" Prior to Renovation and Demolition Activities".  Dival Safety will be doing Fall Protection Demonstration, considering OSHA's emphasis on fall hazards it will be intereasting to see the different equipment avalable.  Ed Stuber of Galson Laboratories will update us on the OSHA Silica standard; Dr. Chris Goulah will discuss "Legionella"; Jim Redmond will update us on OSHA; and Jim Haklar will discuss PCB Case Studies.  Brent Kynoch of the Environmental Information Association (EIA) eill update us on EIA and the Toxic Substance Control Act (TSCA).  Then Cole Stanton of Fiberlock Technologies will update us on Mold/Fire/Water.  That will close out the second day bringing us to the Vendor Reception and Happy Hour!

Vendor Reception

Angelo Garcia, III of Future Environment Designs, Inc (FEDTC) will start the last day of the conference.  "Changes Are A Coming" is the title of our presentation and it will be about all the changes occurring in our industry this year.  We will hand off to Jack Springston of TRC who will speak about the "Pitfalls with Doing Mold Clearance Sampling as Part of a Post-Remediation Verification"  We are very much looking forward to Jack's presentation!  Then the culmination of the conference with the NYSDOL panel consisting of Dr. Eileen Franko - Director of Division of Safety and Health; Kirk Fisher - Licensing and Certification; Ed Smith, PE - Engineering Services Unit; and James Meacham, PE - Asbestos Control Bureau.  There is a rumor going around that the release of the new Industrial Code Rule 56 (ICR56) might happen at this meeting.  As usual, we are excited about the event and several people behind the scenes do a significant amount of work to make the conference such a success each year.  Very big thank yous to Lisa Brown and Deborah Sanscrainte for all the work they do to keep everyone focused and moving forward in putting this event together!

Deborah Sanscrainte Welcoming Everyone to PACNY

Future Environment Designs is a sponsor of the event and we will have our booth in the vendor hall.  Kimberly Granmoe and Sheryl Esposito will be ladying booth 19 (next to Dival Safety Supplies) as they have in the past.  So come and visit us.  Our Twitter feed for the conference will be #FEDTCPACNY, we will tweet photos and major speaker points during the conference.  We hope to see you at the conference! 

Kimberly Granmoe, Sheryl Esposito, Veronica and Angelo Garcia, III

Related articles

• Another Great Conference! PACNY Does It Again! - Part One(futureenv.blogspot.com)

  ---

• NYSDOL Roundtable Highlight of PACNY Environmental Conference(futureenv.blogspot.com)

  ---

• Another Great PACNY Conference - Part Two(futureenv.blogspot.com)

  ---

Asbestos Dust Sampling in New York State

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.  

SKC Catalog Photo

ASTM standard "D6480 - Standard Test Method for Wipe Sampling of Surfaces, Indirect Preparation, and Analysis for Asbestos Structure Number Concentration by Transmission Electron Microscopy" is another method for collecting debris and dust samples.  This method involves wiping a surface of a known area (100 squared centimeters is mentioned in the standard but it could be larger or smaller) with a wipe material (particle free, sealed edge, continuous filament cloth sampling medium such as a clean room wiper) to collect a sample.  See the video below by IAQTV for visual instructions on collecting this type of sample:

  

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.

  

Another Great PACNY Conference - Part Two

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!

Related articles

• Another Great Conference! PACNY Does It Again! - Part One(futureenv.blogspot.com)

  ---

• NYSDOL Roundtable Highlight of PACNY Environmental Conference(futureenv.blogspot.com)

  ---

• After 15 years, cleanup plan approved for contaminated town(host.madison.com)

  ---

NYSDOL Roundtable Highlight of PACNY Environmental Conference

The Professional Abatement Contractors of New York's (PACNY's) 19th Annual Environmental Conference started with lots of buzz and the conference did not disappoint.  The conference had over 800 total attendees for the three days.  The Vendor Exhibit Hall had over 25 exhibitors (an increase from last year) including a bunch of new exhibitors like RJ Lee Group, US Micro, & the Zonolite Attic Insulation Trust added to the old standbys of Aramsco, DiVal, Fiberlock, & Grayling Industries.  The conference organizer Deborah (Johnson) Sanscrainte, from Aramsco, did a fantastic job putting together the conference while also bringing a new life into the world.  Lisa Brown was her beautiful self greeting everyone and registering the attendees (and commenting on men's hosiery).  The conference planning committee went overboard putting this year's conference together.  From our understanding the last day of the conference only came together a week or two before the conference.

Panorama View of the Vendor Hall from DiVal's Safety Ladder

The first day of the conference which has become known as Proficiency Day and involved a new audience polling process that involved using the attendees messaging device to poll the audience.  As usual it was very informative in learning anonymously what the audience's answers were on particular topics.  This year the polling device was used for the entire conference (much better than last year's devices).  Presenters included Diana Wolgemuth of Dale Carnegie (great take away was the 6 x 6 rule for slides); Kevin Malone of NYS Department of Health (NYSDOH); Andy Oberta of the Environmental Consultancy & Sean Hart of Energy & Environment, discussing "Visual Inspection: Comparing ASTM E 1368 and NYSDOL Rule 56".  Mr. Malone filled us in on the 2014 training statistics - NYSDOH issued 27,790 certificates based on 3,481 courses that were held.  In addition, Mr. Malone provided us with this link http://www.gpo.gov/fdsys/search/home.action to find electronic copies of the most up-to-date federal regulations.

Linda Reinstein & the author at the Future Environment Designs Booth

The second day of the conference was even better including presentations by Brent Kynoch of the Environmental Information Association (EIA); Linda Reinstein of the Asbestos Disease Awareness Organization (ADAO) discussing "Asbestos - The Human Cost of Inaction" visit slideshare for her presentation; Christopher Alonge from Dormitory Authority of the State of New York (DASNY) and Matthew Darin from Bluepoint Environmental did a joint presentation on "New NYS Mold Bill...SIGNED!" logistically it should be interesting to see how NYSDOL handles the bill; Matt Sanchez from RJ Lee Group discussing "Amphibole type and Morphologies that Occur in Vermiculite from Select Sources Around the World"; Dr. Marty Rutstein discussing "Asbestos Abatement, how did we get HERE and WHERE are we going?"; Dr. Barry Castleman discussing "Criminality and the Global Asbestos Industry"; Mr. Andy Oberta of the Environmental Consultancy discussing "Exposure Assessments in Asbestos Abatement: Understanding and Using ASTM D7886" which interesting lead to a disagreement with the audience on whether he had achieved an actual negative exposure assessment; and Mr. Jack Springston of TRC Environmental Corp discussing "Industrial Hygiene Lessons Learned from the World Trade Center Disaster" whose presentation was perfectly timed to allow for the Cocktail Hour in the Vendor's Hall.

Jack Springston presenting IH Lessons Learned from the WTC

The third day of the conference was the best day especially with NYSDOL bringing all the major players who regulate the asbestos industry and the soon to be regulated mold industry.  The third day started with the awarding of the door prizes and an impromptu presentation by Tom Meade, the Executive Director of PACNY.  The presentation/rant was discussing the information received from NYSDOL through the FOIL process regarding revenue generated by NYSDOL in 2011, 2012, & 2013 (visit our FED Course CD under Helpful Links and General Information for FL-14-0583) and the process of trying to incorporate A3675 notification bill through the budget process (a very frustrating process with what seems to be unintended consequences).  Mr. Ed Cahill from EMSL discussed the "New Vermiculite Method 198.8", it will be interesting if they do decide to expand the 198.8 method and/or the Lab 55 method into other vermiculite containing materials.  The final presentation was the NYSDOL round table led by Dr. Eileen Franko, and included Mr. James Meacham, PE, Acting Program Manager, Asbestos Control Bureau; Mr. Edward Smith, PE, Associate Engineer, Engineering Services Unit; Mr. Kirk Fisher, Program Manager, Licensing and Certification Unit; and Senior Attorney Mr. Matthew Robinson-Loffler.  One thing you definitely got from this round table is that the asbestos control program is probably the most organized it has ever been.  In addition, more changes were announced, NYSDOL has hired Mr. Don Pearce away from NYSDOH.  Mr. Pearce was working on the Environmental Protection Agency's (EPA) Grant regarding Asbestos Hazard Emergency Response Act (AHERA) audits on schools.  EPA is now coordinating with NYSDOL to perform the grant.  It will be interesting to see how NYSDOL handles these inspections since they have enforcement capabilities where NYSDOH did not.  Mr. Alonge must have disappointed to hear that the proposed changes to Industrial Code Rule 56, that he wrote before he left, are now dead and being rewritten again.  NYSDOL is getting lots of support (probably more information than they need)  in creating the mold regulations but it is obvious that NYSDOL is expecting the new Assembly A4759-2015 & Senate 3674-2015 Bills to help them and give them more time to create the regulations.

NYSDOL Roundtable Panel

Overall this was one of the best PACNY conferences, but we think we say that every time we write about the conference.  There are lots of conferences out there fighting for our time.  However, very few deliver on the ability to meet people in the remediation industry that are leading the way and trying to make a difference.  In addition, the conference provides the ability to meet regulators and ask questions that directly impact the work we do.  PACNY's environmental conferences, over the years, has delivered this every year and we suspect will continue to deliver on this type of access into the future.  Plus it's a fun place to learn and enjoy a break from the day-to-day grind of work. We look forward to next year!

Told you it's a fun place!!

Related articles

• PACNY's Three Day Environmental Conference A Success!
• PACNY's 2013 Environmental Conference
• PACNY Conference New Faces, New Discussions
• Pacny 2012 Conference - More Changes?
• Successful PACNY Conference Gets Even Better The Second Day - Part 2
• A Record Turnout Makes For A Successful PACNY Conference - Part 1
• Resolution Passed Declaring First Week of April Asbestos Awareness Week

PACNY 2012 CONFERENCE - MORE CHANGES?

The annual Environmental Conference of the Professional Abatement Contractors of New York (PACNY) was held at Turning Stone Casino & Resort in Verona, New York.  This annual conference has become synonomous with changes - either changing the way we think, new regulations, or new interpetations.

Dr. David Duford from CanAm Environmental, Angelo Garcia, III from FED, & Darren Yehl from Cornerstone Training on the PACNY Discussion Panel

This year's changes (not sure that is the right word, but we will use it anyway), include lengthy discussions about vermiculite (any vermiculite in a sample designates the sample as containing asbestos), and ceiling tiles analysis by Dr. Stephanie Ostrowski of the Environmental Laboratory Approval Program (ELAP).  After last year's PACNY presentation by ELAP and various questions from the audience, ELAP released the April FAQ which answered questions and created new questions regarding a number of items.  Major points from Dr. Ostrowski was materials similar to NOBs such as ceiling tiles and fiberglass (where the materials may block or interfere with analysis of asbestos) should be analyzed using gravimetric reduction.  Probably one of the most frustrating parts of Dr. Ostrowski's presentation is her using the word "should" when most in the audience thought she should have used "shall or must".  For example, in discussing the vermiculite issue she said laboratories should consider the material asbestos contaminated.  If the material cannot be analyzed for the contamination of asbestos, why is it "should" why not "shall".  From a suggestion from the audience, Dr. Ostrowski was going to go back and discuss with her collegues the adding of a disclaimer for vermiculite on laboratory reports. 

The usual highlight of the conference was the update by Mr. Chris Alonge on the progress of the revisions to Industrial Code Rule 56.  Dr. David Duford from CanAm Environmental Safety, Inc. did an excellent presentation, before Mr. Alonge's, on the New York State Building and Fire Code which allowed everyone to have a better idea what Mr. Alonge is referencing in the revisions.  Probably the most important announcement by Mr. Alonge was that the New York State Department of State has approved the changes and their review is completed.  The next hurdle is the NYS Division of Budget, and we will see what happens next on that front.  Mr. Alonge said he hoped for a comment period this summer with possible enactment by the beginning of 2013.  We recently got an electronic copy of his presentation for this year and that will be added to our manuals (eventually to our website, too) along with the bulk sample analysis decision trees provided by Dr. Ostrowski.   

The conference started with a presentation by Mr. Tom Meade the Executive Director of PACNY and discussions on the need for moral & ethics training in the industry, the micro-managing of the industry, a Bill to Amend Section 904 of the Labor Law, recent finding that sprayed-on fireproofing installed in 2005 came back with 2% chrysotile asbestos, and the findings of the FOIL request regarding New York State Department of Labor's Asbestos Control Program budget & notification fees.  Brian Sampson of Unshackle Upstate then discussed the importance of his organization's work in providing a balanced voice for upstate New York, his points regarding the industry was support for tax credits for remediation, support for amending Section 904, and streamlining permitting process.

Other speakers included, Mr. Paul Watson from ATC Associates spoke about PCBs (important point - EPA Guidance Document on Caulk, may become the industry standard); Mr. Bob Krell from IAQ Technologies; Mr. Kevin Murphy from Wladis Law Firm (what to do if an allegation is made against you? - know your rights, know you do not have to say anything, know that saying something can have much more serious consequences than saying nothing, etc.); and Mr. Ron Williams from OSHA (National Emphasis Programs on silica, lead, trenching & excavation).  The exhibition hall was a little light this year because of conflicts with other meetings, however, DiVal Safety Equipment had an interesting product Rhinotuff Puncture Resistant Insoles (DiValSafety.com).  This product is designed to fit into most types of work boots and shoes to provide puncture resistance.  A new vendor at the show was The SAFETY house.com, visit them at www.thesafetyhouse.com.

A big Thank You! to PACNY for inviting me onto the panel discussion this year.  I was honored and enjoyed the conference as usual.

Related articles

• 16th Annual PACNY Environmental Conference Being Held March 1 & 2, 2012 (futureenv.blogspot.com)
• What Happened with NYS ELAP Ceiling Tile Analysis? (futureenv.blogspot.com)
• Kings Park Psychiatric Center Bid Awarded to Low Bidder (futureenv.blogspot.com)
• NYCDEP Issues Advisory Memo (futureenv.blogspot.com)
• Chamber Wise: Strategic Priorities for 2012 (sbmonthly.com)

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.

NYS DOL Announces Guidance Document

New York State Department of Labor has released Guidance Document version 2.0. It has approximately 340 questions that NYSDOL is providing guidance on. Click on the title for the link.

Asbestos Discovered In Current Building Materials

Based on testing done by the Asbestos Disease Awareness Organizations (ADAO) and announced at a press conference on November 28, 2007 it appears there may be a concern that new building materials may contain asbestos. The ADAO conducted asbestos testing on over 250 different household products utilizing Polarized Light Microscopy (PLM) and Transmission Electron Microscopy (TEM) analysis in accordance with the Environmental Protection Agency's test method 600/R-93/116. The link above gives you the detail of the methodology and results of the testing that included positive results for 5 products including Planet Toys "CSI Fingerprint Examination Kit", DAP "33" window glazing and "Crack Shot" spackling paste, Gardner Leak Stopper roof patch (which listed asbestos as an ingredient on the label), and Scotch High Performance Duct Tape.

Of the 5 products found to contain asbestos, 3 products are materials that are considered building materials. The window glazing, the spackling paste, and the roof patch are all materials that an asbestos inspector would sample to determine if these materials contained asbestos in a building built before 1980, but would ignore in a building built after 1980. The results from the ADAO testing found the window glazing contained 2.73% chrysotile and tremolite asbestos, the spackling paste contained 1.05% tremolite, anthophyllite, and chrysotile asbestos and the roof patch contained 15% chrysotile asbestos. All of these materials would be considered asbestos containing materials for an asbestos inspector, if they were sampled. Again, based on the typical opinion of the industry we wouldn't sample these materials after 1980. In fact, New York State uses a cut-off date of 1974.

This new information from the ADAO, obviously calls into question New York State's cut off date of 1974. If the above products still contain asbestos today, it probably means these products had asbestos in them between today and 1974 or 1980. As an Asbestos Inspector this information calls into question our assumption regarding the asbestos content of building materials in buildings after 1974. Since asbestos has not been banned, and it can still be found in building materials we are presently installing, this means we can no longer use the 1974 or 1980 date to determine whether building materials do or do not contain asbestos. This is one of the many reasons why ADAO has been lobbying for a complete ban on the manufacturer and the use of asbestos.

It is important to remember that though the New York State Industrial Code Rule 56 asbestos regulation does not regulate the assumption of asbestos in building materials after 1974, it does regulate the remediation of asbestos no matter the date of the building.

Metro NY AIHA hosts Chris Alonge at their May 16 Meeting

May 16, 2007, Chris Alonge spoke at the Metro NY AIHA meeting held at New York Blood Center. Mr. Alonge is the writer of the current NYS Industrial Code Rule 56. Mr. Alonge had alot of new things to say in his presentation:

• Industrial Code Rule 56 was edited and resubmitted for review. The current version is now available at http://www.labor.state.ny.us/workerprotection/safetyhealth/PDFs/Asbestos/Code%20Rule%2056-final-version-corrected.pdf and is dated March 21, 2007. The changes that were made are marked in red so you can see what was changed.


• Two new variances are being released. You can find these two new variances at http://www.labor.state.ny.us/workerprotection/safetyhealth/DOSH_CODE_RULE_56_TRANSITION.shtm.


• NYSDOL has produced an Asbestos Variance Fact Sheet to help designers understand the different types of variances. This fact sheet can be found at the same link as above.


• However the Guidance Document (FAQ) that is online has not been updated yet. Unfortunately this document will not be updated as much as they originally intended.


• In addition, Mr. Alonge made a statement regarding non-friable asbestos waste disposal which caused a little bit of stir. Mr. Alonge indicated that NYS DEC was not in compliance with EPA requirements for non-friable asbestos waste disposal. That non-friable asbestos cannot go to construction waste landfills but must go to landfills approved to accept asbestos waste. Unfortunately, it was not clear exactly how to interpet his comments.


• Mr. Germano is no longer in charge of the Asbestos Control Bureau. The new sheriff in town is Robert Perez. If his name sounds familar, it should, because Mr. Perez was the first head of the Asbestos Control Bureau when the regulations first came out back in 1988.

We thank Mr. Alonge for making himself available for these presentations. It will be interesting to see how all these changes play out with a new State administration (Governor) but also a new Asbestos Control Bureau administration.

Words From The Field

Here in New York State, Industrial Code Rule 56 went into effect on September 5, 2006. New York State has had the opportunity to enforce this regulation for 7 months now. From what we are hearing from the field, NYS DOL inspectors have not been enforcing most of the new parts of the regulation. The inspectors have not looked for the survey report to be at the project site, they have not looked at the footage requirement of the decons, HEPA exhaust units, and/or licensing requirements for the allied trades title. They are looking for the manometer, and the supervisor's logbook. We are also hearing that NYC DEP is using a new enforcement tactic for dry removals. If a contractor is given a dry removal violation by NYC DEP, NYC DEP is referring the information to EPA and EPA is investigating the project for violations and possible criminal charges (see previous posts regarding press releases regarding EPA and Dept. of Justice indictments). So be careful out there, if the local agencies don't get you, the Federal enforcement people might. If the Feds catch you, that can involve not only fines but jail time.

New Asbestos Regulation Goes Into Effect

September 5, 2006, the new Asbestos Regulation for New York State, Industrial Code Rule 56, went into effect. While we were in Plattsburgh training, in one of the refresher classes we heard that NYSDOL gave violations to the asbestos contractor and the asbestos consultant working in the area doing asbestos floor tile removal. The contractor's violations involved not removing all the asbestos material, and mastic remover leaking out from containment. The violations to the asbestos consultant were not being onsite while air sampling, and not performing the visual inspection properly. The interesting violations are the ones to the asbestos consultant, because this indicates they will be reviewing the visual inspection and the requirement that the air sampler be onsite while air sampling is being performed. This is the first we are hearing how enforcement of the new regulation may occur. Especially since the new regulation is much stricter than the old regulation. We already know that site specific variances must be submitted by certified Project Designers that have Asbestos Company Licenses from September 5, 2006 on. It will be interesting how many other parts of the regulations they will enforce.