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

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! 

Related articles

• Victims of Sandy question Gov. Cuomo's use of recovery money for new weather system
• Mold Legislation Threatens Restoration/Remediation Industries
• Florida Property & Casualty Association Opposes DBPR's Proposed Rules 61-31.701 and 61-31.702, Minimum Standards and Practices for Mold Remediators

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.

Related articles

• Flood Damage Cleanup
• Flood Cleanup for Business - Safety Tips
• Health Department urges spring flood preparedness
• Article Raises Awareness of Growing Problem in Sandy Aftermath
• LI flood insurance rates to rise despite law

Settlement Agreement Regarding Mold in NYC Public Housing

A December 16, 2013, New York Times article titled "Facing Suit, New York City Agrees to Remove Mold in Public Housing More Quickly: Hurricane Sandy" discusses the settlement agreement between the New York City Housing Authority and people living in housing projects and coping with asthma.  These residents have long complained that maintenance workers failed to identify the leaks and other sources of moisture that cause mold to grow, these problems have only become worse since Hurricane Sandy.  The settlement will require the authority not only to remove the mold but also to fix leaks, insulate pipes and address other sources of moisture.  The agency will be required, in most cases, to fix the problem within seven to 15 days following a work order.  In addition, it requires housing officials to recognize asthma as a disability and to make accommodations for tenants with the condition. For example, the authority could be expected to relocate a person with asthma and his or her family to another apartment, or to use low-toxicity fungicides or to allow extra air-conditioning units in apartments.



Water intrusion that is not cleaned up within 48 hours could lead to mold growth.

 

As many of us know in the Remediation industry, you must repair the source of the moisture or mold will return.  In addition, there has been plenty written that mold is only part of the problem when it comes to illnesses like asthma.  Problems caused by the water intrusion is more of a problem for asthma sufferers, even if their is no mold growth.  Fixing water intrusions and removing water damaged materials, quickly (within 48 hours) would help asthma sufferers more than removing and cleaning the mold after it has grown.  However, this agreement gives the Housing Authority too long (7-15 days) to handle the water intrusion, in that time period if the area remains moist/wet it will give mold the opportunity to grow.  Visit the Environmental Protection Agency (EPA) website for more information on mold, moisture, and your home.

Related articles

• Facing Suit, New York City Agrees to Remove Mold in Public Housing More Quickly
• Tenants Hail New Mold Guidelines For NYCHA
• NYCHA Mold Removal Settlement Has Wide Scope Thanks to High Asthma Rate
• Mold, mice and zip codes: Inside the asthma epidemic
• New York City Housing Authority Agrees to Address Mold, Contributor to Asthma Epidemic

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.

Related articles

• Water Damage >> Water Extraction 1
• keeping things clean the safe way
• Water Damage >> Crawl Space Drying
• DIY Cleaning: How to Make Homemade Disinfecting Products
• More on Austin AC Repair Technician

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.

Related articles

• Mold Exposure Has Greater Impact on Infants (futureenv.blogspot.com)
• Future Environment Designs sponsors Bacillus anthracis and Anthrax Video (futureenv.blogspot.com)
• EPA Issues Press Release On Reducing Asthma Attacks During Summer (futureenv.blogspot.com)
• What kinds of health problems can mold cause? (zocdoc.com)

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

Related articles

• Mold Exposure in Infancy Raises Asthma Risk (webmd.com)
• Household Mold During Infancy May Trigger Asthma (nlm.nih.gov)
• EPA Issues Press Release On Reducing Asthma Attacks During Summer (futureenv.blogspot.com)
• 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

Related articles

• CMM Realty Alleged to Have Violated OSH Act and Clean Air Act (futureenv.blogspot.com)
• San Diego County's Rise in Home Renovation has Star Glass San Diego Pushing Their Mirror Prices Down and Raising Their Production and Their Graffiti Guard Installations (prweb.com)

NYS Toxic Mold Task Force Completes Final Report

Section 1384 of the New York State (NYS) Public Health Law established the NYS Toxic Mold Task Force.  The goals of the NYS Toxic Mold Task Force was to:

• assess and measure, based on scientific evidence, the adverse environmental and health effects of mold exposure, including specific effects on population subgroups at greater risk of adverse effects;
• assess the latest scientific data on mold exposure limits;
• identify actions taken by state and local government and other entities;
• determine methods to control and mitigate mold;
• and prepare a report to the Governor and Legislature.

To achieve these goals the NYS Toxic Mold Task Force activities were organized into four main areas of inquiry:

• health effects of molds in indoor environments;
• exposure limits and assessment of mold in buildings;
• approaches to mold mitigation and remediation;
• building codes, regulations and other actions taken by other governments and private-sector organizations that relate to building mold problems.

In reading the executive summary it is clear that the NYS Toxic Mold Task Force came to the usual conclusions regarding mold that the many in the industry already know.  For example:

• Since mold problems in buildings are preventable with proper building construction, maintenance, and housekeeping aimed at preventing excess building dampness, mold exposure is preventable.
• Overabundant growth of any mold or other dampness-related organisms is undesirable and can be addressed by removing contaminants and correcting water problems.  Whether or not exposure to mold toxins is likely when mold growth occurs in a damp building does not substantially change the need for mitigation of the water and mold problem.
• Continue to improve building code requirements that address building design, construction techniques, and property maintenance so that they prevent or minimize the potential for water problems to occur.
• The presence and power of the code enforcement official (CEO) can also help minimize the potential mold problems in buildings when approving construction documents, during construction inspections of new buildings, and when issuing property-maintenance violations related to moisture conditions in existing buildings during required inspections.
• Regulating the mold assessment and remediation service industry is dependent upon how desirable it is to have persons poperly trained and following acceptable protocols.  The main public health goal of any regulation or additional guidance to the mold industry will be to reduce the potential for mold exposures and the risk of health effects in damp buildings.  Costs for such a program can range from $150,000 for using already developed general recommended work practices and certification programs to $4.5 million per year for a full regulatory program like the NYS asbestos program.
• The development of reliable, health-based quantitative mold exposure limits is not currently feasible.
• Their is limited evidence of the benefits of chemical disinfectants or encapsulant treatments for mitigating or preventing mold growth on building materials.
• The main approach to mold control and mitigation should be focused on identifying and repairing water damage in buildings and removing mold source materials.  This method of mitigation is less complicated to implement than mitigation based on attaining a numerical clearance critertion, because the main goal is to return the building to a clean and dry condition.

The document is 150 pages including tables and exhibits.  It will be interesting to see if this document actually goes anywhere in regulating the mold assessment and remediation industry.

Related articles

• Tenant, landlord of Watervliet apartment at odds over source of mold infestation (troyrecord.com)
• Beware: Toxic Mold (time.com)
• Timesunion.com: Mold is causing tenant to move (timesunion.com)
• Proper Roofing Maintenance Keeps the Threat of Mold at Bay (eon.businesswire.com)