NYS Mold Law Changes, Licensing Requirement Goes Into Effect January 1, 2016

On July 25, 2015 Governor Andrew Cuomo signed the Chapter Amendments to Article 32 of the New York State Mold Law.  The Chapter Amendments modify Article 32 adding new information, clarifying wording, and most importantly adding a deadline for licensing.  The deadline for licensing is now January 1, 2016.  

To assist people with the licensing requirements, Future Environment Designs has submitted three courses (mold worker, a two day course; mold remediation contractor a three day course; and mold assessment consultant, a four day course) for approval to New York State Department of Labor (NYS DOL).  We are hoping to be approved before November so we can start holding these classes in November & December, 2015 (give us a call to make arrangements).  

Mold Remediation Project in Nassau County. Licenses will be Required by 01/01/16.

NYS DOL has created a NYS Mold Program website.  At present, it has the original legislation, the chapter amendments and sample course outlines for the three licenses, along with an FAQ.

In our blogpost on February 7, 2015 we discussed the details of the law.  Some of the Chapter Amendments to Article 32, that revises the law include:

• a modification of the definition of mold to "any indoor multi-cellular fungi".
• Addition of the word "Project" and its definition, "means mold remediation, mold assessment, or mold abatement, of areas greater than ten square feet, but does not include (a) routine cleaning or (b) construction, maintenance, repair or demolition of buildings, structures or fixtures undertaken for purposes other than mold remediation or abatement."  So licensing is not required for routine cleaning (this seems like it could be abused) and mold projects 10 (2' x 5') square feet (SF) or less.
• The addition of "on a project" for what is unlawful.  For example, "It shall be unlawful for any individual to engage in mold abatement on a project or to advertise or hold themselves out as a mold abatement worker unless such individual has a valid mold abater's license issued by the commissioner."  The same has been added to the mold assessment & remediation licenses.
• Changes were made to the minimum requirements to get a mold assessment license.  Particularly a requirement for insurance to get the mold assessment license.  The mold assessment business entity "must provide insurance certificates evidencing workers' compensation coverage, if required, and liability insurance of at least $50,000 providing coverage for claims arising from the licensed activities and operations performed pursuant to this article."
• Substantial change to the minimum requirements for a mold remediation license include the elimination of the requirement for a financial statement audited by an independent auditor.  Mold remediation license will require providing "insurance certificates evidencing workers' compensation coverage, if required, and liability insurance of at least $50,000 providing coverage for claims arising from the licensed activities and operations performed pursuant to this article."
• Fees were changed.  Mold Remediation license fee is to be between $500 - $1,000.  Mold Assessment license fee is to be between $150 - $300.  Mold Abatement (worker) license fee is to be between $50 - $100. 
• Exemptions have changed.   Added to the list are "an owner or a managing agent or a full-time employee of an owner or managing agent who performs mold assessment [or], remediation, or abatement on a residential apartment building of more than four dwelling units owned by the owner provided, however, that this subdivision shall not apply if the managing agent or employee engages in the business of performing mold assessment [or], remediation, or abatement for the public;" and "a federal, state or local governmental unit or public authority and employees thereof that perform mold assessment, remediation, or abatement on any property owned, managed or remediated by such governmental unit or authority."
• Nothing has really changed between the difference between assessment and remediation and the conflicts of interest between them.
• One minor change was done to the minimum work standards which was a rewording and the replacement of "must" with "may".  Basically removing the requirement of a containment, and allowing a remediation plan not to require containment.

Mold Licensing will not be required for projects 10 SF or less or routine cleaning.

 Since NYS DOL has moved forward with the training requirements and has started the process of approving training providers, the next steps seem to be clarifying who is required to be trained for mold assessment and remediation (owners, supervisors, foremen, industrial hygienists, etc.).  In addition, the standards for assessment and remediation need to be fleshed out for a better understanding of what is expected.  Another words still alot to do between now and January 1, 2016. Tick Tock! Tick Tock!

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New York State Mold Licensing & Minimum Standards Law Is Signed By Governor Cuomo

On January 29, 2015 Governor Andrew Cuomo signed New York State Senate Bill S3667D-2013 which will create Article 32 to the Labor Law.  This article will establish the licensing of mold inspection, assessment, and remediation specialists and minimum work standards.  According to the bill the law goes into effect in 180 days of January 29, 2015, or if we calculate this right July 28, 2015.  This law is so important to the abatement industry the Professional Abatement Contractors of New York (PACNY) at the last minute added two speakers (Mr. Chris Alonge from DASNY and Matthew Darin from Bluepoint Environmental) to speak on the law at their 19th annual environmental conference at Turning Stone Casino being held from February 25-27.  Click here for the registration form.

Article 32 will require companies doing mold remediation, like above, to be licensed in NYS

Several important points of the new law are in the bill already, in Section 1: Title 1 is the definitions and the following points:

• Defines the difference between mold remediation (conducting the business of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold) and mold assessment (inspection or assessment of real property that is designed to discover indoor mold growth, toxic mold growth, conditions that facilitate indoor mold growth, and/or indicia of conditions that are likely to facilitate indoor mold growth).
• To be licensed in NYS you must be at least 18 years old; must have completed a NYS Department of Labor (NYSDOL) approved course work including training on the appropriate use and care of personal protection equipment (PPE) as approved by NYS Department of Health (NYSDOH); and paid appropriate fees.
• Exemptions to licensing in the standard include:
• Design professional licensed pursuant to Title 8 of the Education Law (Registered Architects or Professional Engineers) performing mold inspection, assessment, remediation, and or abatement tasks or functions if the person is acting within the scope of his or her practice, 
• residential property owner who performs mold inspection, assessment or remediation on his or her own property;
• non-residential property owner, or the employee of such owner, who performs mold assessment or remediation on an apartment building owned by that person that has not more than four dwelling units; and
• an owner or a managing agent or a full-time employee of an owner who performs mold assessment or remediation on commercial property owner by the owner provided, however, that this subdivision shall not apply if the managing agent or employee engages in the business of performing mold assessment or remediation for the public.
• Prohibits a person licensed to perform mold-related services from acting as both the mold assessment contractor and the mold remediation contractor.
• Authorizes NYS to impose civil penalties and revoke a contractor's license after a notice and hearing, suspend or revoke any license, or censure, fine, or impose probationary or other restrictions on any licensee for good cause. (the bill has a list of items).

The next area, Title 2, details the minimum work standards for the conduct of mold assessments and mold remediation by licensed persons.  This includes:

• A mold assessment licensee to prepare a mold remediation plan that is specific to each remediation project, the plan must specify:
•  the rooms or areas where the work will be performed;
• the estimated quantities of materials to be cleaned or removed;
• the methods to be used for each type of remediation in each type of area;
• the PPE to be supplied by licensed remediates for used by licensed abaters;
• the proposed clearance procedures and criteria for each type of remediation in each type of area;
• when the project is a building that is currently occupied, how to properly notify occupants of such projects.....
• an estimate of cost & an estimated time frame for completion; &
• when possible, the underlying sources of moisture that may be causing the mold and a recommendation as to the type of contractor who would remedy the source of such moisture.
• Requires posting of the remediation project
• Requires that containment cannot be removed any person until the mold remediation licensee overseeing the project has received a notice from a mold assessment licensee that the project has achieved clearance which shall be determined by post-remediation assessment.
• The post-remediation assessment shall determine:
• the work area is free from all visible mold; and
• all work has been completed in compliance with the remediation plan and remediation work plan and meets clearance criteria specified in the plan.

The interesting parts that are left out are the specifics about the training requirements to become licensed as an assessor or remediator/abater.  These specifics have been left to NYSDOL to create with some assistance from NYSDOH.  Licensing and recertification will be good for two years and you will need to take a refresher course which is also left to NYSDOL to create.  It will be interesting to see if individuals certified by the American Council for Accredited Certifications (ACAC), or the American Board of Industrial Hygiene (ABIH) will have to take the courses that NYSDOL creates.  The only exemption in the law are for Professional Engineers & Registered Architects.  Whoever, creates this process could go to ACAC which has assisted other states with this type of licensing.  Only time will tell.  Tick Tock! Tick Tock! 

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Mold Legislation Threatens Restoration/Remediation Industries

The New Year wasn't very old before the restoration/mold industry was beset with concerns regarding new regulations and legislation.  The first, Nassau County in New York State started requiring licensing for companies and owners of those companies who are environmental hazard remediation providers, this legislation Local Law No. 13-2014 was voted on by the County Legislature on September 22, 2014 and signed by County Executive Ed Mangano on September 25, 2014 (Thank you Mark Drozdov for the info).  The second item, on December 30 New York State's "Licensing of Mold Inspection, Assessment andRemediation Specialists and Minimum Work Standards" legislation was presented to Governor Andrew Cuomo to sign.  The Governor has until January 29 to either sign it, or veto it or he can let it expire (called a pocket veto) (Thank you Chris Alonge for the info.).

 

Water damage/Mold growth in a Basement Apartment

There is a growing group of industry individuals who feel that Governor Cuomo should veto the NYS legislation.  Many feel it is poorly written and have major issues with it.  Some examples include the definition of mold (to narrow a definition), NYS Department of Labor is charged with writing rules and regulations for overseeing the practices of assessment & remediation (it should be either the NYS Department of Health or NYS Department of Environmental Conservation), and does not mention or exempt a minimum quantity.  In our opinion, the law does use existing infrastructure to create the rules and regulations, recognizes conflict of interest issues, and leaves the details of the procedures up to the agencies who already have experience handling the restoration/remediation industry and provides some minimum procedures.  The law puts the responsibility for creating the details to NYS Department of Health and the NYS Department of Labor.  Both agencies already regulate the asbestos industry and have the experience to create, write, and enforce the potential rules and regulations to handle this industry.  Our feeling this legislation is better than the Nassau County legislation, and our concern is that we might get one like the Nassau County law.

Nassau's Local Law is meant to address problems that happened after Super Storm Sandy

Nassau County Local Law No. 13-2014 requires "Licensing of Environmental Hazard Remediation Providers" or in another words environmental contractors.  However, environmental contractors are defined "any person who or legal entity that, contracts with an owner or an owner's agent to inspect a suspected environmental hazard or to implement any measure or measures that result in the remediation of an environmental hazard in a building."  This definition means both consultants and contractors have to be licensed.  Even more amazing is the definition of Environmental hazard.  "Environmental hazard(s) means any condition that constitutes an indoor air quality violation as defined by any United States statue or regulation, any New York State Law or regulation, any local law or any regulation promulgated by the Commissioner of Consumer Affairs, and which hazard was caused by fire, flood, storm, chemical spills, dust, sewage, mold, pathogens or other biological contaminants and not caused by the presence of asbestos or lead."  There are so many statements in this definitions that we're not totally sure what is or isn't covered.  

The Local Law 13-2014 requires two licenses, environmental contractors have to get the Environmental Hazard Remediation Provider (EHRP) License ($1,000 for a two year license, renewal fee is $500 every two years) and the Environmental Hazard Remediation Technician (EHRT) License ($100 for two year license, every two years) shall be issued to an EHRP or their principal(s) and any person employed by, seeking employment by or under contract to a EHRP for the purpose of environmental hazard assessment and environmental hazard remediation.  It does allow an EHRT to supervise up to 10 unlicensed employees or contractors performing a remediation or remediations.  To get the EHRT license you must have taken and be current/in effect Certifications:

• OSHA Safety Standards for Construction or General Industry - minimum 10 hours
• NYS Asbestos Handler - minimum 32 hours
• EPA Lead Worker - minimum 16 hours.  Lead RRP is NOT sufficient
• Hazardous Waste Operations (HAZWOPER) - minimum 40 hours
• Microbial Remediation - minimum 24 hours
• Water damage restoration - minimum 20 hours or Institute of Inspection, Cleaning Restoration Certification (IICRC) WRT Certification
• Fire damage restoration - minimum 16 hours or IICRC FSRT Certification
• PCB Awareness - minimum 4 hours
• Bloodborne pathogens - minimum 4 hours
• Infection control risk assessment - minimum 4 hours
• Proof of a valid lead and asbestos abatement licenses.

The above list consists of 170 hours of training.  It is interesting to note to get an asbestos abatement license you need to take an NYS asbestos supervisor - minimum 40 hours and to get the EPA Lead Remediation License you must be an EPA lead supervisor - minimum 32 hours.  Nowhere in this list of topics is a supervisor course, considering that the EHRT will be allowed to supervise up to 10 unlicensed employees/contractors that seems very lacking.  In addition, there is no assessment class in this list.  Most of us in the industry would agree that this list should be the minimum training for the remediation workers in the restoration/remediation industry.  This list should not be the training requirements for the principals/supervising employees of an EHRP.  In our opinion, EHRP principals/supervising employees should have a minimum certification from American Council for Accredited Certifications, American Board of Industrial Hygiene, Board of Certified Safety Professionals, or another national, non-profit certifying body which:  

• is accredited by the Council of Engineering and Scientific Specialty Boards (CESB) and/or the American National Standards Institute under ANSI/ISO/IEC 17024, and 
• is wholly independent from training organizations, membership organizations, and industry trade associations.

In addition, the Local Law does not address the conflict of interest issues that arise from these types of projects.  In our opinion, the local law should have this language to address conflicts of interest:

• Individuals or legal entities shall not conduct environmental assessments for a period of one year on projects for which they have conducted environmental remediation services.

• Individuals or legal entities shall not conduct environmental remediations for a period of one year on projects for which they have conducted environmental assessments.

Both laws have their issues unfortunately the worst of the two laws is currently in effect and it needs drastic changes and should be repealed or amended.  

Latest IAQTV Video Discusses Flood Cleanup & Indoor Air Quality

IAQTV on You Tube has produced a number of basic videos discussing various indoor air quality (IAQ) topics.  The most recent one discusses the problems with flood water and the need to dry areas quickly to prevent IAQ problems.  http://youtu.be/3Q1tnHFkPF0

A few things not discussed is to make sure the drying company you choose to help you with flood cleanup has experience and is qualified.  The American Council for Accredited Certifications (ACAC) has two certifications in structural drying.  The Council-certified Structural Drying Remediator (CSDR) and the Council-certified Structural Drying Supervisor (CSDS) these individuals perform water damage restoration services.  For example, a CSDR or CSDS can safely mitigate water losses resulting from floods, fires, hurricanes and other disasters as well as broken pipes and water mains.  These professionals have verified knowledge of the principles, techniques, equipment and regulations relevant to structural drying as described in widely published industry texts and accredited standards.  Visit the ACAC's website to find companies that hire CSDRs or CSDSs.

Rainwater Flooded Basement

In addition, the term usually used for flood waters is black water.  Black water is typically defined as containing or potentially containing harmful contaminants.  It would include floodwaters containing soil and any sewage water.  All raw sewage is contaminated with microbes, including bacteria, protozoa, mold, fungi, and viruses.  Many are pathogenic to humans.  So heed the warnings in the video and get some professional help if you find yourself in this unfortunate position.

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Using Biocides Properly And Safely

… … … After all the water damage Tropical Storm Sandy caused, we started getting phone calls on what was the proper procedure for cleaning up moldy surfaces and such.  Inevitably they would ask should they use bleach to clean the surfaces.As we always do we recommend the use of cleaners (i.e., Dawn), water, and lots of elbow grease (scrubbing).  For those of you who need a reference for this recommendation click on this EPA link.  The point of this post is to clear up some of the misconceptions regarding bleach and biocides as a whole.

As the term biocide implies "life killer", it is designed to destroy/kill living organisms.  This is one of the dangers with a biocide, we are a living organism and these chemicals could kill/damage us.  Its important to remember that everything is a poison, what matters is the dose.  So the dosage is very important when working with biocides.  This information also means that there must be a regulation or regulatory agency that regulates biocides, of course.  The regulation that regulates most biocides is called the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Environmental Protection Agency (EPA) is the agency that enforces it.  Before EPA can approve an application under FIFRA, "the applicant must show, among other things, that using the pesticide according to specifications "will not generally cause unreasonable adverse effects on the environment."  This act regulates chemicals used to disinfect, sanitize, or kill molds, fungi, bacterias, etc.  One of the key words in the quote above is the word "specification".  What the quote is basically saying, is that the biocide manufacturer must come up with the safe procedures to use when using that manufacturer's biocide.  Another words the label on the biocide has the safe procedures for using the product (the label is the law, if its not on the label you can't use it that way).  Which in some ways makes things easy, follow the instructions on the label and it can be used safely.

Which brings us to what the label on bleach says?

As you can see above, bleach is a corrosive.  This means it could do damage to the skin, eyes, or the respiratory system.  This part of the label tells you what to do if you happen to get this product on your skin or in your eyes.  The next label tells you how to use it safely:

For disinfecting surfaces you use 1/2 cup bleach to 1 gallon of water.  Please note that the label requires that the surface you are disinfecting should be pre-washed/cleaned.  The reason for this is that dirt, or other organic materials can deactivate bleach reducing its disinfecting ability.  In order for bleach to disinfect a surface, the surface must be cleaned first.  Which brings us back to our suggestion at the beginning of this post, the most effective way to get rid of mold is to clean the surface with a detergent and elbow grease.

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Indoor Air Quality Television Posts Foreclosed Property Video

Indoor Air Quality television (IAQTV) on you tube just posted an excellent informational video on "Foreclosed Properties & Indoor Environmental Risks".  This video provides a basic informational warning on the potential indoor environmental risks in buying a foreclosed property.

Many of these dangers are well-known to those of us in the indoor environmental consulting industry.  Future Environment Designs strongly recommends before the purchasing of a foreclosed property (one that has been unoccupied for a long period of time), that the buyer hire a Council-certified Indoor Environmental Consultant (CIEC) to perform an indoor environmental assessment  to ensure these dangers are not present or can be easily eliminated.  The CIEC will be able to help you determine what would be necessary to eliminate these hazards and help develop cost estimates to be used in negotiating a purchase price of the foreclosed property.  If we can help give us a call.

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Strong Link Between Mold & Asthma in Children.

Image via WikipediaThe current issue of Indoor Environment Connection's front page article is "Strong Link Between Mold and Asthma in Children" written by Tom Scarlett.  The article discusses a new study that appeared in the Annals of Allergy, Asthma, and Immunology, this study indicates that children living in homes with high levels of mold had more than twice the risk of developing asthma than did children in mold-free homes.  The article does a really good job of putting together results from several studies to point out the risk of children developing asthma from mold exposures.  Discussed in the article is the metric, "Environmental Relative Moldiness Index" (ERMI) that was used in the study to determine the exposure level of the occupants.  It will be interesting how we can use ERMI to help us quantitatively describe the mold burden in future studies and testing.

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• What Causes Asthma Attacks? (healthadel.com)

Future Environment Designs Sponsors Health Effects of Mold Exposure Video

Future Environment Designs is proud to sponsor a new informational video on the Health Effects of Mold Exposure.  This video is designed as a public service awareness video on the health effects of mold exposure.

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Future Environment Designs Sponsors Sewage Contamination Danger Video

Image via Wikipedia

Future Environment Designs is proud to sponsor a new informational video on Sewage Contamination Dangers.   This video is designed as a public service awareness video on the dangers of sewage contamination.

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Mold Exposure Has Greater Impact on Infants

Image by yori kato via FlickrA new study published in the journal Annals of Allergy, Asthma & Immunology has shown that mold exposure has much greater impact in infants during their formative years. The article on this study was published online at the Environmental News Network. For certain individuals, the inhalation of mold can be extremely hazardous for the lungs, respiratory system, and overall well-being.  Some people are more susceptible than others to the symptoms caused by airborne mold, but it is generally accepted that mold exposure is unhealthy for all.  The new study found that infants living in moldy homes are much more likely to develop asthma by age 7.
"Early life exposure to mold seems to play a critical role in childhood asthma development," says Tina Reponen, PhD, lead study author and University of Cincinnati (UC) professor of environmental health.  "Genetic factors are also important to consider in asthma risk, since infants whose parents have an allergy or asthma are at the greatest risk of developing asthma."
Mold growth is linked to environments with elevated levels of moisture.   For example, basements are a common spot for mold because of underground moisture, periodic flooding from storms, and lack of air flow.   Mold will start growing on surfaces like drywall, concrete, plywood, and other building materials.   Microscopic spores can then be released into the air and find their way into the lungs. Once in the body, the spores can cause fungal infections, allergic reactions, irritation of the eye, nose, and throat, etc.   Long-term effects include serious respiratory infections like asthma or bronchitis.
The recent study, conducted by researchers from UC and Cincinnati Children's Hospital, utilized seven years of comprehensive data for 176 children.   The data was used to evaluate the effects of mold exposure from early life.   The analysis took into account the likelihood of developing allergies based on family medical history.
The children in the study came from a much larger study in the Cincinnati area. The 176 children selected come from homes which contained mold.   Mold was measured in the their homes using an EPA method known as environmental relative moldiness index (ERMI).   In this method, mold exposure levels are measured using a DNA-based analysis tool which combines the analysis of 36 different mold types into a single index.  Link to published article: http://www.annallergy.org/article/S1081-1206%2811%2900313-9/abstract

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• Antibiotic Use May Be Linked to Kids' Asthma Risk (webmd.com)

Do You Agree That The U.S. Remediation Market Grows Nearly 3% in 2010?

News Release -- San Diego, Calif. -- The U.S. remediation business grew 2.9% in 2010 to $7.7 billion in total revenues, up from 1% in 2009, according to annual research conducted by Environmental Business International Inc. and published in its updated EBI Report 319 on Remediation & Industrial Services.  See Table of Contents and List of Figures for EBI Report 319.  Purchase EBI Report 319

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EPA Issues Press Release On Reducing Asthma Attacks During Summer

Image via WikipediaThe Environmental Protection Agency (EPA) warns that hot weather can cause ozone levels to rise, making the air unhealthy to breathe, especially for people with asthma or other respiratory ailments.  Throughout the hot summer months, it’s important to pay close attention to the air quality. Like the weather, air quality can change from day to day or even hour to hour, and can have a serious affect on people’s health.

The Air Quality Index uses a color-coded system to display whether the five major air pollutants exceed air quality standards for the day.  When the Air Quality Index reports unhealthy levels, people, particularly asthmatics and others with respiratory ailments, should limit strenuous outdoor activities.

During the summer when ozone levels rise, the number of people with asthma related symptoms admitted to hospitals and emergency rooms increases.   Asthma rates – especially among children – have increased dramatically.  Asthma affects 25 million people in the United States, including seven million children.  That’s 8 percent of the population.  One out of every 10 school-aged children is affected. In addition to talking with health care providers, these steps can help prevent an asthma episode:

• Play it safe. Ground-level ozone and particle pollution can make an asthma episode even worse. Look for the Air Quality Index (AQI) during the local weather report or go to EPA’s website http://www.airnow.gov
• Don’t smoke in the home.  Take it outside.  One of the most common asthma triggers in the home is second- hand smoke.  Take the EPA ‘smoke-free home’ pledge: http://www.epa.gov/smokefree
• Break the mold.  Mold is another asthma trigger.  The key to controlling mold is controlling moisture.  Wash and dry hard surfaces to prevent and remove mold.  Remove, and if possible replace, moldy ceiling tiles and carpet.  For more see EPA’s website: http://www.epa.gov/asthma/molds.html

For information on EPA’s regional asthma program and other asthma triggers please see: http://www.epa.gov/asthma/awm

To hear an audio podcast about asthma: http://www.epa.gov/region2/mediacenter/podcast.html

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Future Environment Designs Sponsors Stachybotrys Public Outreach Video Link



Stachybotrys Charturum on Sheetrock

Future Environment Designs is proud to sponsor this Public Outreach Video on Stachybotrys Charturum.  The video was designed to help the public have a better understanding of this fungi and the mycotoxin it may produce. We hope you enjoy it and it assists you better understand stachybotrys charturum.

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Future Environment Designs Sponsors Aspergillus & Aspergillosis Video

Image via Wikipedia

Future Environment Designs is proud to sponsor this informative video on aspergillus and aspergillosis.  The video was designed to help the public have a better understanding of this fungi and disease that it may cause in susceptible indviduals.  We hope you enjoy it and it assists you better understand aspergillus.

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Inspectors Discover Asbestos at East Hampton Middle School

Mold behind sheet rock (asbestos joint compound?).

Interesting article "Inspectors Discover Asbestos at East Hampton Middle School" regarding asbestos and mold in the East Hampton Patch.  Kind of interesting how this ties into my last post regarding avoiding tunnel vision.  The original focus of the inspection was mold and Ms. Barbara Eisenberg, the inspector for the New York State Department of Labor, instead found asbestos containing debris.  This is another perfect example of making sure all issues are addressed not just the mold concern but realizing the mold may be growing on the asbestos containing material and the asbestos needs to be addressed, too.  Since asbestos is regulated in New York State and mold is not (yet?), the asbestos will take priority in the way the work will be handled. 

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EPA Proposes to Add Area Near Hicksville, New Cassel, Westbury, Hempstead and Salisbury, N.Y. to the Federal Superfund List

Image via WikipediaMarch 8, 2011 the Environmental Protection Agency (EPA) announced that they are proposing consolidating areas in Hicksville, New Cassel, Westbury, Hempstead and Salisbury in Nassau County, N.Y. into one site and adding it to the Superfund National Priorities List of the country’s most hazardous waste sites.  Ground water throughout the site is contaminated with harmful volatile organic compounds (VOCs). The Magothy aquifer, Nassau County’s primary source of drinking water, has likely been impacted by the contamination.  Residents of the affected towns are currently receiving drinking water that is being treated to remove the VOCs.  EPA has conducted an initial investigation of the site, and the Superfund designation will allow EPA to further investigate the extent of the contamination and its sources and remediate it.  EPA will solicit input from the public before reaching a final decision on whether to add the area to the Superfund list.

With the proposal of this site to the Superfund List, a 60-day comment period will begin during which EPA solicits public input regarding this action.  For instructions on how to submit comments, go to http://www.epa.gov/superfund/sites/npl/pubcom.htm or contact Dennis Munhall at (212) 637-4343 or munhall.dennis@epa.gov.

VOCs are often used as ingredients in paint, solvents, aerosol sprays, cleaners, disinfectants, automotive products and dry cleaning fluids.  Repeated and direct exposure to VOCs can cause serious health effects including damage to the liver, kidneys and central nervous system.
“By placing the site on the federal Superfund list, EPA can do the extensive sampling needed to determine the best ways to address the widespread ground water contamination in this area of Long Island,” said EPA Regional Administrator Judith Enck.  “Residents of Long Island rely on ground water as their source of drinking water.  It is imperative that Long Island’s drinking water is protected from toxic contamination. Placing these areas on the federal Superfund list is an essential step to cleaning up this water contamination. EPA needs to take a more comprehensive look at the contamination and any potential health and environmental threats it poses.”
New York State had been examining a number of areas contained in the newly proposed site individually, and determined that the contamination would be better addressed as one large site.  Ground water testing by EPA in 2010 confirmed the presence of elevated levels of VOCs in 11 public water supply wells, six in Hicksville, four in Hempstead and one on Westbury.  The impacted towns have installed treatment systems to remove VOCs from the contaminated ground water before it goes into the water distribution systems, and to monitor water quality and the treatment systems regularly.
A variety of past industrial and commercial activities in the area may have caused the ground water contamination, although investigations by the New York State Department of Environmental Protection (NYSDEC) have yet to identify the specific sources contaminating the wells.  NYSDEC has investigated 17 facilities in the New Cassel industrial area between Frost St. in New Cassel and Swalm Ave. in North Hempstead.  NYSDEC and some of the entities in the New Cassel industrial area potentially responsible for the contamination have already installed systems to remove contaminants from the ground water at and near some of the sites.  The New Cassel industrial area is just north of the four contaminated wells – the Bowling Green wells – in Hempstead.
With all Superfund sites, EPA does an extensive search to identify and locate the parties potentially responsible for the contamination and make them pay or perform the cleanup work.  The majority of Superfund cleanups are performed by or paid for ny polluters, not tax dollars.  Superfund money s used for EPA oversight costs and when no responsible party can be identified.

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