PACNY's 2022 25th Annual Environmental Conference Reestablishes Itself! Part One.

 On Thursday, March 3, 2022, the Professional Abatement Contractors of New York's (PACNY's) 25th Annual Environmental Conference opened after a one-year hiatus.  The conference was held at the Turning Stone Resort & Casino in Verona, New York, and the hotel and casino didn't seem to change much, however, the Lodge had a new bar that was beautiful and was very peaceful.  As usual, the service at the hotel/casino and the TS Steakhouse was personable and professional!

John from TS Steakhouse making the Gotham

The conference began with opening remarks and a conference welcome from Craig Kaputa, PACNY's President, Kevin Hutton, PACNY's Vice President, and Deb Sanscrainte, of Aramsco, Inc., PACNY's Conference Chair.  The first presentation, "Tribute to Past President - Chuck Kirch", was by Joe Cantone, Colden Corporation, it achieved the right balance of somber, respectful, and funny.  Chuck Kirch passed away in November 2021.  Brent Kynoch from the Environmental Information Association (EIA)  invited us to become members of the EIA and then updated us on what's happening at the Environmental Protection Agency's (EPA's) regarding asbestos and the "Draft Risk Evaluation of Asbestos - Part 2".  The last presenter before the break was Mark Gonzales, of Cornerstone Training Institute, speaking about "Cannabis in the Workplace".  Since the New York State Cannabis Law does not define the term "specific articulable symptoms."  Mr. Gonzales discussed the difficulties with assessing employee impairment from cannabis use, however, it is evident that an employer can act against an employee unable to perform their job duties or who poses a safety hazard due to their use of cannabis.  The break was to let the attendees go see the vendors in the exhibit hall and get some refreshments.  

Refreshments with the Vendors in the Exhibit Hall

After the break, the presentations began again with a virtual presentation by Tom Laubenthal, of  AirQuest Environmental, Inc., on "Lead-Based Paint; EPA & Housing and Urban Development (HUD), A Review and Updates of Recent Changes in Rules".   Mr. Laubenthal's presentation went through a host of lead regulations from EPA, HUD, Centers for Disease Control (CDC), and the Occupational Safety and Health Administration (OSHA) regarding Target Housing, Child-Occupied Facilities (both are based on pre-1978 construction), certifications, real estate transactions, and the different numbers and procedures for handling lead-based paint.  The amazing part was that Mr. Laubenthal was able to fit his whole presentation within 45 minutes.  Angelo Garcia, III, Future Environment Designs, Inc., was the last presentation before the lunch break.  Mr. Garcia's presentation was on the "Trials & Tribulations of Training During a Pandemic" to see the presentation click on the link, which will take you to our dropbox folder on conference presentations (our presentation is in the 2022 PACNY Presentations folder).  We discussed how the pandemic has affected our company and the training industry with supporting data from Ms. Karen Cummings, M.P.H., Director of the New York State Department of Health's (NYSDOH's) Asbestos Safety Training Program, and Mr. Chek Beng Ng, P.E., Professional Engineer, of the New York State Department of Labor's (NYSDOL's) Engineering Services Unit (A Big Thank You to the both of you!).   A buffet lunch was served in the Oneida Room.  In our next post, we will discuss the presentations after lunch!  Until then!

Thank you to Lynn Burlingham, of Cornerstone Training Institute, for taking the video and to Joe Cantone, Colden Corporation for taking the photo!

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!

Future Environment Designs Sponsors Public Outreach Lead Video

Image via Wikipedia

Future Environment Designs is proud to sponsor this Public Outreach Video on Lead and Lead Based Paint. The video was designed to help the public have a better understanding of the dangers regarding Lead and Lead Based Paint issue. We hope you enjoy it and it assists you better understand lead and lead based paint.

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• Restoration & Remediation Magazine - The RRP Rule: One Year Later (futureenv.blogspot.com)
• UP settles Omaha lead dispute with EPA for $25M (sfgate.com)
• China lead poisoning outbreak hits more than 600 (cbsnews.com)
• 4 pollutants that may make your home unsafe ()

EPA Region 2 Coordinator Discusses the RRP Rule

Image via WikipediaOn Friday, April 1, 2011, the Environmental Protection Agency’s (EPA) Region 2 Renovation, Repair , and Painting (RRP) Rule Coordinator Ms. Jeanette Dadusc was discussing the requirements and background of the rule. The topics covered included: introduction to the problem of childhood lead poisoning; Federal government’s response to childhood lead poisoning; how the RRP Rule was developed; the regulated universe of RRP facilities and activities; certification requirements for training providers, individuals, and firms; notification and work practice requirements; cleaning verification card; proposed rule changes; RRP frequent questions; and RRP enforcement strategy.

Her presentation was wide ranging, covered the full time of the presentation, and the handouts supplemented her presentation and were useful. Visit our website at http://futureenvironmentdesigns.com/news.html to find a copy of her handouts.  Some of the points regarding the childhood lead problem were:

• Lead based paint is the number one environmental health threat to children
• Children absorb 50% of the lead they ingest compared to adults, which absorb only 10%.
• According to the Centers for Disease Control (CDC), there is no known safe level of lead in blood.
• Discussions are ongoing regarding dropping the standard of lead blood level to 5 micrograms per deciliter (ug/dl) versus the current 10 ug/dl.
• Lead bioaccumulates in the body because it mimics calcium
• Children, who live in homes where renovation & remodeling activities were performed within the past year, are 30% more likely to have a blood lead level that equals or exceeds 10 ug/dl.

Some of the points regarding regulated universe of RRP facilities and activities were:

• Target housing is defined as housing constructed prior to 1978.  There are only 2 exceptions housing for the elderly or for person with disabilities (unless one or more children under 6 years old resides or is expected to reside in such housing), and 0-bedroom dwellings. Meaning hotels, motels, timeshares, and student housing is not exempt.
• Child Occupied Facility (COF) is defined as a building or portion of a building built prior to 1978 that is visited by the same child under age six for at least 3 hours per day, or at least 6 hours per week, or at least 60 hours per year. This includes common areas routinely used by the children under age 6 (i.e, restrooms, cafeterias), and adjacent exterior areas.

Other major points she covered were:

• Delead test kit added to the list of EPA approved test kits. The test kits must be used according to the manufacturer’s directions including materials that the test kits cannot be used on.
• Lead Based Paint Abatement Contractors require RRP Renovator Certification. Previous certification as a worker/supervisor allows the person to take the ½ day refresher class to become a renovator.
• Lead Waste – residential (homeowners & contractors) can dispose of lead waste bags with household waste. COFs must follow the hazardous waste regulations.

Related articles

• Hofstra is Hosting an Information Session on EPA's Lead RRP Law. (futureenv.blogspot.com)
• EPA's Local Coordinator for the Lead Paint Rule at Hofstra University (futureenv.blogspot.com)
• EPA / Mass DOS Renovation, Repair and Painting (RRP) Safe Practices (unitedallianceservices.typepad.com)
• Restoration & Remediation Magazine - The RRP Rule: One Year Later (futureenv.blogspot.com)
• Girlfriends Talking: Lead Renovations in Older Homes (epa.gov)

Restoration & Remediation Magazine - The RRP Rule: One Year Later

In this month's issue of Restoration & Remediation Magazine, Mr. John Banta wrote an excellant article regarding the Environmental Protection Agency's (EPA) Lead Paint regulation - Renovation, Remodeling, & Painting Rule.  The article covers the history of the rule and discusses enforcement issues.

As the article discusses the roll-out period for firms to become certified by filing their paperwork and paying their fees to the EPA, as well as for the Certified Renovators supervising these jobs to be trained, was extended to the end of 2010, but the effective date for using lead safe work practices remained April 22, 2010.  As Mr. Banta indicates in his article "this means...that any firm performing work for hire in target housing or child-occupied facilities built prior to 1978 is required to follow the regulations, even if their paperwork hasn’t been processed or even filed."  However, this grace period is over.

The EPA may audit the records of any firm in violation of the regulation for up to three years after the job is complete and be fined up to $37,500 per occurrence per day. If the violation of the law is willful, the fine can be doubled and jail time may be assigned by the courts.  This law applies in all federal jurisdictions; except states, tribes, and territories that EPA has approved to administer their own RRP programs.  According to the article those states are, Wisconsin, Iowa, North Carolina, Mississippi, Kansas, Rhode Island, Utah, Oregon, Massachusetts, and Alabama have had their programs approved in lieu of the Federal program. Approved State programs must be at least as strict as the EPA regulations.
Don't forget tomorrow is the EPA Information Session at Hofstra and if you have any questions please post them here or at Future Environment Designs Forum, and I will try to get an answer to your questions.

Related articles

• Hofstra is Hosting an Information Session on EPA's Lead RRP Law. (futureenv.blogspot.com)
• Massachusetts DOS and EPA Begins Enforcement of Lead RRP (unitedallianceservices.typepad.com)
• EPA's Local Coordinator for the Lead Paint Rule at Hofstra University (futureenv.blogspot.com)

Hofstra is Hosting an Information Session on EPA's Lead RRP Law.

Image via WikipediaThe Guest Speaker will be Jeanette Dadusc, the RRP Coordinator, Region 2 for the Environmental Protection Agency (EPA).  I will be attending this free information session on Friday, April 1, 2011 at 11:30 AM at Breslin Hall.  If anyone has any questions they wish me to ask, please post them here or on the Future Environment Designs Forum.  Maybe I will see you there.

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• EPA's Local Coordinator for the Lead Paint Rule at Hofstra University (futureenv.blogspot.com)
• Massachusetts DOS and EPA Begins Enforcement of Lead RRP (unitedallianceservices.typepad.com)
• Attention Homeowners/Realtors: EPA RRP Certification required to All Contractors & Workers If Your Home Has Been Built Prior 1978 (briarhillsinfo.wordpress.com)

EPA's Local Coordinator for the Lead Paint Rule at Hofstra University

On Friday, April 1, 2011 (that's right on April Fool's day), Jeanette Dadusc, MS, MPA the Environmental Protection Agency's (EPA) Region 2 Coordinator for the Lead Based Paint  - Renovation, Repair, and Painting (RRP) rule will be the guest speaker at a free information session at Breslin Hall at Hofstra University.  To register or for more information, visit ce.hofstra.edu/EPAinfo or call 516-463-7200.

Could NYS Be Promulgating Lead and Mold Regulations in 2011.

 

Image via Wikipedia

Brains of Adults Who Were Exposed to Lead as Children

A recent legislative/regulatory report for New York State by the American Industrial Hygiene Association's (AIHA) Government Affairs Department indicates legislative/regulatory activity on mold, lead based paint, and even asbestos.  The Person Engaged in Commercial Mold Remediation legislation is currently being reviewed in the Assembly's Committee on Environmental Conservation, while the Childhood Lead Poisoning Primary Prevention and Safe Housing Act is being reviewed in the Assembly's Health Committee. Indications are that both legislation will require licensing and/or certification of individuals performing this work in New York State.  2011 NY A 1769 Mold Legislation (introduced 1/11/11) will require applicants for a license to submit proof or certification by the American Council for Accredited Certification (ACAC) or any other nationally recognized, third-party accredited certifying body that operates independently of training organizations and industry trade associations.  An applicant for an initial license must pass the department licensing examination in that area of licensure with a score of at least seventy percent correct before applying for the license.  All applicants must pass the department licensing examination within six months of earning certification.  While 2011 NY A 728 Childhood Lead Poisoning Primary Prevention and Safe Housing Act will require the New York State Department of Health (NYSDOH) to promulgate rules and regulations that shall provide for, but not be limited to, qualifications of individuals eligible to conduct such inspections, standards of practice, procedures or protocol for conducting such inspections and requirements for written reports documenting the results of such inspections. To satisfy the requirements of this paragraph, the NYSDOH may adopt regulations sufficient to satisfy the requirements of 40 C.F.R. Part 745 Subpart Q or successor regulation. It would also allow the NYSDOH to promulgate rules and regulations sufficient to satisfy the requirements of 40 C.F.R. Part 745 Subpart Q or successor regulation, governing the accreditation of persons engaging in lead based paint activities.  Don't forget it will also establish by regulation a schedule of fees for the accreditation and registration of persons engaging in lead-based paint activities or conducting inspections for conditions conducive to lead poisoning or lead-based paint activities. Such fees shall be required to be paid at the time of initial registration and at the time of subsequent renewal of registration and shall be deposited into the childhood lead poisoning primary prevention and safe housing fund established pursuant to section ninety-nine-t of the state finance law.
Along with many of you, I don't know what the chances are of these regulations actually being promulgated.  It will be interesting to see if the new year sees us with both lead and mold regulations.  In addition, their seems to be movement on the asbestos front on a new regulation taking into account the Deutsche Bank fire issues.  The PACNY Environmental Conference is in three weeks and we will see if Mr. Chris Alonge has anything new to say about the asbestos regulations.

Related articles

• Making Our Homes Safe and Healthy (whitehouse.gov)
• AIHA Registry Programs Launches New Program For XRF Field Measurement Registry (futureenv.blogspot.com)
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• Lead poisoning prevention is key (timesunion.com)
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AIHA Registry Programs Launches New Program For XRF Field Measurement Registry

Peeling lead-based paint is an indicator that lead dust may be on the floor and surfaces

The American Industrial Hygiene Association (AIHA) Registry Programs LLC officially launched on January 18, 2011 a new registry program for X-ray fluorescence (XRF) Field Measurement.  The XRF Field Measurement Registry (FMR) program allows participants to use their registration status for in-situ XRF measurements.  This registry program does not address accreditation required for recognition by the Environmental Protection Agency (EPA) under the National Lead Laboratory Accreditation Program (NLLAP) as required at 40 CFR Part 745 for environmental lead analyses.
The FMR program is designed to recognize organizations and their affiliated operators that perform in-situ XRF measurements of lead paint surface coatings in the field.  The program maintains minimum standards of conduct for all FMR participants through adherence to the programs policies and registration process.
The FMR program will provide:

• Connections – clients, customers, and employers can find or hire the right kind of professional
• Consistency -- standardization of processes and methods across state lines and country borders
• Continuous improvement – a venue for collaboration and sharing of best practices

The FMR program will raise the competency bar through recognition of high quality organizations and their affiliated operators.  Registries help assure a level of quality among professionals and confidence among regulators and consumers who are looking to identify and then properly control or remove potential health hazards to workers and occupants of buildings.
Registered organizations and enrolled operators perform in-situ field measurements of lead surface coatings utilizing an XRF.  Registered organizations have met the qualifications for inclusion on the registry: personnel training, adherence to an established and documented quality system that is based on the most current version of the FMR Policy.  All enrolled operators must be affiliated with an FMR Registered organization that oversees the Quality Assurance and Quality Control program that monitors the operator and be properly trained and licensed for the work to be performed.
For general information and information detailing the registry program and processes, please visit the web site: http://www.aiharegistries.org/.  For specific inquiries, contact the AIHA Registry Program at info.RegistryLLC@aiha.org.

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