Day Two of PACNY's 27th Annual Environmental Conference: Key Updates and Interactive Sessions, Part Two

The second day of the 27th Annual Environmental Conference hosted by the Professional Abatement Contractors of New York (PACNY) at Turning Stone Casino continued to deliver valuable insights and critical updates for industry professionals. As a Sapphire Sponsor, Future Environment Designs, Inc. was proud to be part of this informative and engaging event.

Long Island Contingent - Matthew Brooks, IAR and Chuck Merritt, Merritt Environmental Consulting

State of PACNY: Leadership Insights and Organizational Updates

The day began with an address from Kevin Hutton, PACNY President, and Craig Kaputa, PACNY Past President, who provided an overview of the state of PACNY. Their presentation highlighted the organization's accomplishments over the past year, ongoing initiatives, and future goals. The duo emphasized PACNY's commitment to advancing industry standards and supporting its members through education, advocacy, and networking opportunities.  Angelo Garcia, III was honored by receiving the PACNY's President Award for his efforts in handling the LinkedIn postings for the conference, sitting on the conference planning committee, and participating as a Board Member. 

Kevin Hutton, PACNY President and Craig Kaputa, PACNY Past President Awarding Angelo Garcia, III the President's Award

Interactive Keynote: Navigating an OSHA Inspection

The keynote speaker, Mike Rubin of Ogletree Deakins, delivered an impactful and interactive session, "An Interactive Walk Through an OSHA Inspection." Rubin's presentation was a deep dive into the intricacies of handling OSHA inspections, focusing on key points that every employer must know:

• Know Your Rights: Employers should be well-versed in their rights during an OSHA inspection to ensure they are adequately prepared.
• Scope of Inspection: It is crucial to verify that OSHA's requests are within the scope of the inspection to avoid unnecessary overreach.
• Cooperate But Be Informed: While cooperation with OSHA inspectors is essential, employers should remain informed and vigilant about their rights and obligations.
• Document Requests in Writing: Employers should always request that OSHA put their document requests in writing to maintain clear and accurate records.

Rubin's interactive approach, including role-playing scenarios, allowed attendees to gain practical knowledge and confidence in managing real-life OSHA inspections.

Keynote Speaker Michael Rubin of Ogletree Deakins

Vendor Exhibition and Networking: Engaging with Industry Leaders

Following Rubin's session, attendees had the opportunity to network and explore the vendor exhibition hall during the final coffee break. The exhibition hall was bustling with activity as professionals connected with vendors, discovered the latest industry products, and shared experiences and insights.

Vendor Exhibit Hall

NYSDOL Presentations: Streamlining Processes and Introducing New Capabilities

The late morning session featured a series of presentations from key representatives of the New York State Department of Labor (NYSDOL) Asbestos Control Bureau.  Matthew Robinson-Loffler, Deputy Director of the Division of Safety and Health, began by highlighting improvements in the licensing process for asbestos and mold professionals. He noted that filing applications through the MPWR website ensures that paperwork is handled by department personnel within 24 hours, significantly speeding up the turnaround time for obtaining licenses and certificates.

Matthew Robinson-Loffler - NYSDOL Deputy Director of Division of Safety and Health

The most significant announcement from NYSDOL was the introduction of online variance filing through the MPWR website. Chek Beng Ng, Program Manager of the Engineering Services Unit, provided a detailed walkthrough of the new variance filing process. He demonstrated how to navigate the system and submit variance requests efficiently. Chek Beng Ng also addressed numerous questions from attendees, clarifying various aspects of the process. It was evident that while the new online system is a work in progress, it represents a significant step towards streamlining administrative procedures.

Chek Beng Ng, NYSDOL Program Manager of the Engineering Services Unit

Kirk Fisher, Program Manager of the Asbestos Control Bureau, concluded the NYSDOL presentations by reinforcing the importance of compliance.  This year we had one of the highest attendances from the different District Offices of NYSDOL's Asbestos Control Bureau.

NYSDOL Asbestos Control Bureau Attendees

Networking Lunch: Building Connections and Fostering Collaboration

The conference concluded with a networking lunch, offering attendees a final opportunity to engage with peers, discuss the day's insights, and establish new connections. The collaborative atmosphere fostered by PACNY's conference emphasized the importance of community and shared knowledge in advancing the environmental industry.

As we reflect on the second day of PACNY's 27th Annual Environmental Conference, it is clear that the event successfully provided valuable updates, practical knowledge, and opportunities for professional growth. Future Environment Designs, Inc. looks forward to continuing our involvement with PACNY and supporting the industry's ongoing efforts to enhance safety, compliance, and innovation.  We look forward to seeing everyone at the 28th Annual Environmental Conference on February 27th and 28th, 2025. 

Current Asbestos & Mold Hard Cards Required for Asbestos & Mold Projects! Fast Track Variances on Pause and New Asbestos Attachments for New York City DEP!

New York State Department of Labor (NYSDOL) as of July 31, 2021, is requiring current asbestos and mold hard cards for asbestos and mold projects.  Their latest automatic response email claims to be turning around asbestos hard cards in five (5) weeks and licenses in three (3) weeks.  That same NYSDOL email says they are turning around mold licenses in three (3) weeks.  So it seems the NYSDOL's license and certification unit is back to normal.  On the other hand, the New York City Department of Environmental Protection (NYCDEP) is allowing workers whose hard card expired on March 15, 2020, or later to continue to work using their existing card until August 31, 2021.  See NYCDEP's Extension of Asbestos Certification Deadline website for more information.  In addition, NYCDEP has reinstated the examinations for asbestos as of April 21, 2021. 

Asbestos Company License and Worker (hard card) Certificate

In our blogpost in February 2021, we discussed that NYSDOL's Engineering Services Unit (ESU) came out with 10 Fast Track Variances and that this was a pilot program.  On Thursday, July 22, 2021, the Professional Abatement Contractors of New York (PACNY) were notified by NYSDOL's ESU that they were shutting down the Fast Track Variance Program.  The following is quoted from the NYSDOL email to PACNY:

"As the results of an increasing number of questions concerning relief granted by some Fast Track Variances (FTVs), ESU has decided to temporarily stop the FTV program.  ESU will go back and review each FTV to ensure that the relief granted, and conditions listed in the FTV are consistent with ICR 56 and appliable Federal requirements.  ESU will also try to better define when and how each FTV can be utilized. There seems to be some confusion about how some FTV’s are to be used.  When ESU completes its review of an FTV, we will reissue that FTV for use moving forward.  It is ESU’s hope that this review will not take long. In the meantime, site-specific variances should be applied for as usual via email to me and cc: Edward.Smith@labor.ny.gov"

So it seems if you want an FTV, you will have to apply and wait the time it takes to approve site-specific variances (anywhere from 3-6 weeks).

Asbestos Inspector Initial Class

Meanwhile, NYCDEP Asbestos Program has issued two new attachments (NYCDEP's version of FTVs).  They include Attachment CS which is the "Requirements for the Abatement of In-Place ACM with or without ACM Debris in Crawl Spaces/Cellars with Concrete (Non-Soil) Floors Under Modified Containment (without plastic on the walls)" and Attachment CRS which is the "Requirements for the Abatement of Contaminated Soil with or without ACM Debris and/or Inplace Removal of ACM in Crawl Spaces/Cellars with Soil Floors Under Modified Containment (without plastic on the walls)".  Both of these attachments can be found on our website under our resources page under FED Training CD-Dropbox Folder.  In addition, we recently heard the NYCDEP was issuing violations for improper labeling of cassettes and sampling pumps not properly labeled.  It certainly seems NYCDEP has not changed its tactics of issuing fines for nonsense items versus making sure the actual work is being done correctly.  If you are a reader of this blog make sure you get credit for being a reader and enter the discount code FEDTCBLOG15 to get a 15% discount on our published course prices.

Over 600 Attend the 23rd Annual PACNY Environmental Conference - A Most Successful Conference!

The third day of the Professional Abatement Contractors of New York's (PACNY's) 23rd Annual Environmental Conference at Turning Stone Resort & Casino in Verona, New York, is typically called Regulatory Day because of the New York State Department of Labor attending and discussing the status of the programs they run.  This year's conference was the most attended conference with over 600 attendees, attending the three-day conference.  Ms. Deb Sanscrainte, of Aramsco, and the chairman of the conference, and Ms. Lisa Brown, of Summit Environmental, administrator of PACNY did what has become their routine process of getting the conference together (the most successful ever!), keeping everyone on point, focused on the conference, and the presentations.  Peter DeLucia and Greg Mance of AAC Contracting worked the audiovisual equipment as pros, even though this was there the first conference working the audiovisuals.  They have also made sure that they have gotten most of the presentations up on the PACNY website, click here.  Usually, the day after the vendor reception, the next morning starts out very slowly.  With vendors and attendees enjoying coffee, tea, and danishes in the vendor area.

Vendor Reception

The conference opened with a discussion of the hazards of lead-based paint by Mr. Kevin Hutton of Rochester Colonial Manufacturing.  Followed by Mr. Stephen Gheen, P.E. of Gheen Engineering speaking on New York State Department of Education (NYSED) rules regarding hazards of lead-based paint and the Environmental Protection Agency (EPA) has different certifications and licenses for working in schools on lead-based paint.  Then Mr. Peter DeLucia of AAC Contracting spoke on the Occupational Safety and Health Administration (OSHA) regulations regarding lead exposure.  All three then took questions and answers from the audience regarding lead-based paint.  All three presentations can be found on PACNY's website.

Lead Panel Discussion - Stephen Gheen, Kevin Hutton, & Pete DeLucia

After a short break, the conference proceeded with the New York State Department of Labor (NYSDOL) panel consisting of 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.

Questions for the Lead Panel

Mr. Meacham filled us in that NYSDOL received another 3-year grant (runs through to 2021) to audit school's compliance with the EPA's Asbestos Hazard Emergency Response Act (AHERA).  To date, NYSDOL has audited 115 schools throughout the state.  Dr. Franko re-emphasized as she does every year that Article 32 the mold law is a consumer protection law and there are limitations in the law.  Mr. Fisher informed us that the online notification systems are not working they want and because of staffing issues licenses and certifications are taking 30 days to 6 weeks to process.  Mr. Smith informed us that they will start working on the fast track variances, again.  Fast Track Variances are a pilot program for certain site-specific variances (SSV).  These are common variances that are issued on a regular basis.  They are planning 9 variances to be available at the start of the program - negative air shutdown, exhausting to an interior space, elevator door removal, fire door removal, crawlspace with dirt floor, intact component removal, buried cementitious (e.g., Transite) pipe, HEPA drilling spot removal, & air sampling at elevated exhaust duct locations.   These would be the guidelines for getting a fast track variance:

• A completed SH-752 form must be submitted. The form must include all the necessary information for obtaining a variance, including the hardship. NO information about the work plan should be included with the application.
• The SH-752 form must be submitted by a certified Project Designer working on behalf of the Petitioner.
• The variance fee of $350 must be included.
• In Section 9 of the SH-752 form, the Petitioner's Agent must write in the number of the FTV that is requested.
• The FTV will be issued as it is written. If some part of the FTV doesn't meet the project's needs, then a standard SSV is required.
• Other relief cannot be added to the FTV.
• No re-openings or amendments are allowed.
• Termination date extension requests will be handled on a case-by-case basis,
• These FTVs have no bearing on notification times.

During the questions and answers, several questions were asked related to the expiration date of training by NYSDOL versus the expiration date of AHERA.  With NYSDOL's view that this is only an issue for the initial class and that student as long as they comply with the annual training requirement related to the birth month, this is not an issue.  We also learned that NYSDOL has suspended the disruptive enforcement/reconciliation of records process they developed back in 2013 in response to a Thomas DiNapoli audit saying NYSDOL had no process to find those breaking the law for notification, surveys, etc.  According to NYSDOL, they do not have the staffing to handle this at this time.

Mr. Thomas introducing the NYSDOL panel Dr. Franko, Mr. Smith, Mr. Fisher, Mr. Meacham

The conference ended with lunch and Future Environment Designs was proud to be one of the sponsors of the conference.  Though it ended with NYSDOL indicating they are having staffing issues that are obviously impacting licensing, certification, and enforcement.  It was good to hear that NYSDOL is moving forward with the fast track variances.  As usual, we are already looking forward to next year's conference which will be February 26, 27, & 28, 2020.  See you there!