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. 

PACNY's 27th Annual Environmental Conference: Insights and Innovations Unveiled at Turning Stone Casino, Part One.

Future Environment Designs, Inc. (FEDTC) was a proud Sapphire Sponsor at the 27th Annual Environmental Conference hosted by the Professional Abatement Contractors of New York (PACNY). Held at the illustrious Turning Stone Casino in Verona, New York, on February 15th and 16th, 2024, this two-day event was packed with enlightening presentations, industry updates, and valuable networking opportunities.

FEDTC's Booth at PACNY's Environmental Conference

Day One Highlights: A Deep Dive into Environmental Challenges

The conference kicked off with an array of expert speakers, setting the tone for an engaging and informative event. Ben Reich of Eurofins opened the sessions with his talk on "Interpretation of Laboratory Results: Complicated Considerations Challenging Mold Sample Reporting." Reich's detailed analysis shed light on the complexities of mold sample reporting, emphasizing the need for meticulous interpretation of laboratory results.

Ben Reich of Eurofins

Also opening the conference on the second track was Charles Merritt of Merritt Environmental Consulting Corp. who educated us with "PFAS: Primary Introduction, 'What is all the talk about?"  Merritt's comprehensive overview of PFAS (per- and poly-fluoroalkyl substances are a group of synthetic chemicals that have been used in consumer products and industrial processes since the 1940s) provided attendees with crucial knowledge on this emerging environmental concern.

Charles Merritt of Merritt Environmental Consulting Corp.

Brent Kynoch of the Environmental Information Association (EIA) followed on the first track with "Compliance Chronicles: Understanding Environmental Protection Agency (EPA) Lead Rules." His presentation provided a thorough overview of the current EPA lead regulations, helping attendees navigate the intricate compliance landscape.

Brent Kynoch of EIA

Lisa Rogers of Mycometer and Frank Ehrenfeld of Eurofins collaborated on "American Society of Testing Materials (ASTM) Standards: Reducing Risk and Adding Value for the Analytical, Environmental, and Occupational Health & Safety Professional." Their presentation highlighted the importance of ASTM standards in mitigating risks and enhancing value across various sectors, including analytical, environmental, and occupational health and safety.

Frank Ehrenfeld of Eurofins, and Lisa Rogers of Mycometer 

Jerrod Garrett from LeChase brought a practical perspective with "Safety by Design: The Crucial Role of Well-Considered Task Hazard Analysis." Garrett's insights into task hazard analysis underscored the importance of proactive safety measures in project planning and execution.

Jerrod Garrett from LeChase

The Fallacy of PCM Clearance: A Critical Examination

Just before lunch, we had the honor of presenting on a topic close to our heart: "The Fallacy of PCM Clearance."  Our presentation aimed to challenge the conventional reliance on Phase Contrast Microscopy (PCM) for clearance in asbestos abatement projects.  By highlighting PCM's limitations and potential inaccuracies, we advocated for more rigorous and reliable clearance methodologies, like the EPA's Asbestos Hazard Emergency Response Act (AHERA) Transmission Electron Microscopy (TEM) method.

Angelo Garcia, III of Future Environment Designs, Inc.

Addressing Disposal Challenges and Standards Updates

Also just before lunch, Jonathan Wagman, the Area Director of Industrial Sales for NY/NE Market for Waste Management, tackled a critical issue with "PCB Disposal: Identification and Disposal of PCB Contaminated Debris." Wagman's expertise in hazardous waste management offered valuable guidance on identifying and properly disposing of PCB-contaminated materials.

Jonathan Wagman of Waste Management

Cole Stanton, representing Sentinel Products, updated attendees on the latest "Institute of Inspection Cleaning and Restoration Certification (IICRC) standards" with his presentation. Stanton's discussion on standards in the restoration industry highlighted recent advancements and best practices, ensuring professionals stay abreast of current protocols.

Cole Stanton representing Sentinel Products

Engaging Panel Discussions and Safety Insights

Lunch and Networking Break

After lunch, the conference continued with the two tracks coming together for the PACNY Panel Discussion featuring insights from industry leaders including Jesse Scuderi of AEG, Angela Liddell of Paradigm, and Mike Waller of Lozier.  Kevin Hutton of EAST, acted as the moderator. Their dialogue on "Project Designers Discuss Variances and Project Design" offered diverse perspectives on tackling variances and optimizing project designs.

Jesse Scuderi of AEG, Mike Waller of Lozier, and Angela Liddell of Paradigm

After the Variances panel discussion, we returned to the two-track presentations.  The first track was the collaboration between Jeremy Starr of MSA and Jerrod Garrett of LeChase in "Elevating Safety: Unraveling the Importance of Fall Protection for Contractors and Consultants" which was particularly impactful. Their emphasis on fall protection underscored the critical need for comprehensive safety protocols in the construction and environmental sectors.

Jeremy Starr of MSA

Joel Hoomans from Livingston Associates discussing "Attracting and Retaining the Best Talent and Managing an Intergenerational Workforce" was in the second track.  Hoomans' strategies for workforce management resonated with many attendees facing challenges in talent retention and engagement.

Joel Hoomans of Livingston Associates

Finishing Day One and Heading Into Happy Hour

Elizabeth Kirkland of the New York State Department of Labor wrapped up the day's sessions with "Common DOL Inspector Observations." Kirkland's firsthand insights into frequent violations and inspection observations provided invaluable knowledge for ensuring compliance and avoiding penalties.

Elizabeth Kirkland of NYSDOL

At the Happy Hour, after day one of the conference, attendees further discussed and got better acquainted with the speakers, made new connections, met the conference sponsors, and left day one with a renewed commitment to advancing environmental practices. Stay tuned for our detailed coverage of the presentations and insights from the second day of PACNY's 27th Annual Environmental Conference!

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

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

Return of New York State Department of Labor Panel

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

Happy Hour At the Exhibition Hall

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

  

Sheryl Esposito at the FEDTC Booth

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

NYC DEP Seeks Public Comments on Mold Notification Requirement

New York City Department of Environmental Protection (NYCDEP) is requesting public comments on a Notice of Mold Remediation Work.  A public hearing is being held on Wednesday, February 6, 2019, at 11:00 AM in the NYCDEP's 8th-floor conference room at 59-17 Junction Boulevard, Flushing, New York 11373.  The public comment period closes Wednesday, February 6, 2019.

Mold Growth in Corridor

Local Law Number 61 of 2018 (also known as Intro 978-D) amended the Administrative Code by adding a new Section 24-154, which provides that, before the performance of mold remediation work in certain buildings, the New York State-licensed mold remediation contractor must file a notice of mold remediation with NYCDEP no later than two business days before the project start date.  Section 24-154(c)(3)(b) further provides that notice may be filed within 24 hours after the project starts, instead of at least two days before, if the mold condition to be remediated poses an immediate risk of harm to any person or damage to property.  The purpose of the above public comment period is to establish a rule when such risk of harm exists.  In other words what the exception for two-day notification would be.  NYCDEP is proposing that projects that have at least 30 square feet or more of visible mold within one room or excessive water accumulation or flooding exists could notify NYCDEP 24 hours after the project starts with appropriate documentation that the condition exists.

Mold Abatement/Remediation/Assessment Course for Article 32 Licensing

Local Law 61 of 2018 went into effect on January 1, 2019.  The law requires licensing pursuant with New York State Department of Labor's Article 32 "Licensing of Mold Inspection, Assessment, and Remediations Specialists and Minimum Work Standards Law" to assess, remediate, and abate for mold incidents larger than 10 square feet.  The bill applies to residential buildings containing 10 or more units or commercial buildings larger than 25,000 square feet.  This law prohibits the owners or their direct employees from performing mold remediation or assessment work, which Article 32 allows.  Under this law, the person holding a mold assessment license must file with the NYCDEP a mold remediation form and work plan as well as a mold post assessment form and a mold certification form.  These forms are located at NYCDEP's Air Pollution website under Mold Remediation and Assessment.  It appears it will be an electronic submission and consists of a 6-page form for the mold remediation plan and a 4-page form for the mold post-assessment. 

Most Frequently Cited OSHA Standards in Fiscal Year 2018

The Occupational Safety and Health Administration (OSHA) annually publishes the top ten most frequently cited OSHA standards violated in the previous fiscal year.  OSHA has published the stats for the fiscal year (FY) 2018 (which runs from October 1, 2017, to September 30, 2018).  Here is the list of most frequently cited OSHA standards:

1. Fall Protection, construction (1926.501)
2. Hazard Communication Standard, general industry (1910.1200)
3. Scaffolding, general requirements, construction (1926.451)
4. Respiratory Protection (1910.134)
5. Control of Hazardous Energy (lockout/tagout), general industry (1910.147)
6. Ladders, construction (1926.1053)
7. Powered Industrial Trucks, general industry (1910.178)
8. Fall Protection - training requirements, construction (1926.503)
9. Machinery & Machine Guarding, general requirements, general industry (1910.212)
10. Eye and Face Protection (1926.102)

OSHA performed a total of 32,020 inspections in FY 2018.  In 2017, there were 971 fatalities in the construction industry which were 20.7% of total private industry fatalities.  The fatal four (falls, struck by, electrocution, & caught-in/between) were responsible for 59.9% of construction worker deaths in 2017.

The top 10 violations in the Remediation Servies Industry (which includes asbestos abatement, lead abatement, crime scene cleanups, oil spill cleanup, mold remediation, and hazardous materials remediation companies) were:

1. Asbestos (1926.1101)
2. Respiratory Protection (1910.134)
3. Lead (1926.62)
4. Hazard Communication (1910.1200)
5. Permit-required Confined Spaces (1910.146)
6. Inorganic arsenic (1910.1018)
7. Duty to have Fall Protection (1926.501)
8. Electronic Submission of Injury and Illness Records to OSHA (1904.41)
9. Scaffolding, general requirements (1926.451)
10. Ladders (1926.1053)

Interesting how the top four violations in the remediation industry should be the industry's specialty.

Since the silica standard has been in effect since September 23, 2017, we looked to see how many citations were issued in FY 2018.  OSHA performed 202 inspections in reference to the silica standard (1926.1153) and issued 556 citations for total penalties of $815,426.  The top 10 industries cited were:

1. Masonry Contractors
2. Poured Concrete Foundation and Structure Contractors
3. Commercial & Institutional Building Construction
4. Water & Sewer Line & Related Structures Construction
5. Highway, Street, & Bridge Construction
6. Site Preparation Contractors
7. Residential Building Contractors
8. Flooring Contractors
9. All Other Specialty Trade Contractors
10. Siding Contractors

As you can see OSHA is still performing inspections and still issuing citations.  Though silica standard is fairly new OSHA conducted almost triple the inspections than it did regarding asbestos.  However, OSHA's focus is definitely on falls, struck by, electrocutions, and caught-in/between. 

PACNY's Environmental Conference, Part Three - Bomb Cyclone Hits

Winter Storm Riley at Turning Stone Casino

On the final day of the Professional Abatement Contractors of New York (PACNY) 22nd Annual Environmental Conference, we awoke in the middle of Winter Storm Riley which turned into a Nor'easter and hit Turning Stone Casino between Thursday night & Friday Morning, March 1-2, 2018 with about 7 inches of snow.  Some attendees left before the storm hit putting a further dampener on attendance.  Because of the storm, there was some concern that New York State Department of Labor (NYSDOL) would not be able to attend.  Because of a good Samaritan who helped NYSDOL representatives who were in the area get to the conference and the technological genius of Bob Krell, of Healthy Indoors Magazine, and Kevin Hutton, of Cornerstone Training, Dr. Eileen Franko was also present.

Peter Delucia, of AAC Contracting, discussing Crystalline Respirable Silica

The last day of the conference started with Peter Delucia, AAC Contracting, discussing "Managing the Many Facets of the Silica in Construction Standard."  Mr. Delucia did a great job presenting on topic and provided some excellent references related to preventing exposures, sampling, and complying with the Occupational Safety and Health Administration (OSHA) silica standard 1926.1153.  Mr. Delucia's presentation helped us develop our training courses for silica and our blog post "OSHA's Silica Standard - What's All the Fuss About?, Part Two".

NYSDOL's Presentation with Dr. Franco on Screen

The final presentation of the conference was the managers from NYSDOL, the Director Dr. Eileen Franko, present by video conference; Program Manager of Asbestos Control Bureau, Mr.  James Meachum PE;  Program Manager of Licensing & Certification Unit, Mr. Kirk Fisher; and Program Manager of Engineering Services Unit, Mr. Ed Smith, PE.  Some of the major points included:

• Mr. Smith, announcing that they are looking into releasing some Fast Track Variances that would speed up the process of filing for a variance.  These variances could be used as they are written with no changes and those could be approved faster.
• Mr. Smith gave us an update on the changes to Industrial Code Rule 56, including a Senate Bill (S06492) and Assembly Bill (A08254) that would remove the 1974 date from regulation for demolitions.  Mr. Smith also discussed some of the changes to New York City Department of Environmental Protection (NYCDEP) asbestos regulation Title 15.
• Mr. Fisher announced a change in filing for a mold license for assessment and remediation companies that will require separate applications for a company license and an individual license for owners.
• After being questioned when the removal of social security numbers from asbestos application process would happen.  Mr.Fisher informed us that would not happen in the foreseeable future.  The system they have is antiquated and there is no funding for updating it.  The system uses social security numbers to identify the holders of the various certificates.
• Mr. Meachum discussed full-time asbestos project monitoring and the responsibilities of the project monitors being added to asbestos variances.
• Mr. Meachum discussed the mold fact sheets that NYSDOL developed and they strongly recommend the fact sheets be provided to mold assessment/remediation clients.  In addition, Mr. Meachum announced that the first violations were sent out under Article 32, the Mold Licensing Law.  The violations were for not having a license and performing work and/or advertising as a mold professional. 

Steve Winograd & me at the PACNY Conference 

Attendance on the last day was down but it was still an excellent conference with lots of useful information.  We cannot say this enough about the excellent and hard work that Ms. Deborah Sanscrainte, of Aramsco, the conference chairperson and Ms. Lisa Brown, of Summit Environmental, Administrator put in to make the conference as good as it is.  Congratulations to the PACNY Board, as they continue to show why they are leaders for the abatement industry in New York State.

Related articles

• A dangerous 'bomb cyclone' is hitting the East Coast - this satellite image captures its monstrous scale(businessinsider.com)
• OSHA's Silica Standard - What's All The Fuss About? Part One
• OSHA's Silica Standard - What's All The Fuss About? Part Two
  

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• Winter Storm Impacts PACNY Conference, Part One.(futureenv.blogspot.com)

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• PACNY's Second Day, Part Two - A Storm is Coming!(futureenv.blogspot.com)

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PACNY's Environmental Conference - The Very Technical Sessions - Day Two!

The second day of the Professional Abatement Contractors of New York (PACNY) environmental conference at the Turning Stone Casino in Verona, NY started with the Technical Sessions.  The day started with opening remarks from Sean Hart, of Energy & Environment, President of PACNY and Deb Sanscrainte, of Aramsco, the Conference Chair.  This year's Technical Session seemed much more intense & focused with a lot of good information presented.  The presentations kicked off with Dr. Martin Rutstein, of Ecological Consulting & Management Services, discussing "Talc with Tremolite & Other Amphiboles." Discussed the issues of talc contaminated with asbestos or silica and the potential for diseases correlated to talc related asbestosis, silicosis or talcosis.  Dr. Rutstein's presentations are always entertaining and are eye opening in regards to the science of geology.  The next presenter was Mr. Tom Laubenthal, of The Environmental Institute (a division of ATC Group Services) discussing "Using ASTM E2356 Standard Practice for Comprehensive Building Surveys".  Mr. Laubenthal's discussion brought up interesting points regarding the use of Safety Data Sheets (SDS) and Architect/Engineer Certifications of no asbestos containing materials used as part of the Environmental Protection Agency's (EPA's) Asbestos Hazard Emergency Response Act (AHERA) and its applicability for the purposes of a "thorough inspection" under the EPA's National Emission Standards for Hazardous Air Pollutants (NESHAPS).  After Mr. Laubenthal's presentation, we took a break to wander the Vendor Exhibit Hall and meet with some of the vendors like Grayling/ILC Dover (glovebags, etc.) and AMA Analytical (laboratory services).

Mr. Ed Stuber, of Galson Laboratories

We returned from the break for Mr. Ed Stuber's, of Galson Laboratories, update on the "Occupational Safety and Health Administration's (OSHA's) Silica regulation."  One of the key points of his presentation is that the silica standard is no longer a moving target.  Previously, the standard was based on a formula.  The current standard has a set permissible exposure limit (PEL) of 50 micrograms per cubic meter and a set action level of 25 micrograms per cubic meter.  In additions, it is very important to ensure you see the lab's proficiency testing data because labs that analyze silica samples have till June 23, 2018 to comply with the OSHA standard.  Dr. Chris Goulah, of EMSL Analytical, presented on "Legionella".  The presentation was on the New York City outbreak in 2015 and the regulations created by New York City (NYC) and New York State (NYS) to protect against Legionella.  Dr. Goulah's presentation noted that Legionnaires' Disease is on the rise since 2000 and that most cases are the result of exposure to Legionella asssociated with building water systems (potable & non-potable).  Mr. Jim Redmond, of Associated General Contractors of NYS, gave us a "Regulatory Update on OSHA."  Mr. Redmonds discussed the electronic submission of injuries and illnesses (goes into effect on July 1, 2017 for more information visit OSHA's website) and construction industry citations based on the multi-employer work-site policy (creating, exposing, correcting, & controlling).  We then broke for the buffet lunch and another stroll through the Exhibit Hall and meet vendors like DiVal Safety Equipment and Frederico Demolition.

Brent Kynoch of EIA

The afternoon started with Dr. James Haklar, from EPA Region 2, discussing "Polychlorinated Biphenyl (PCBs) Case Studies".    Dr. Haklar's presentation discussed the primary sources of PCBs in buildings (caulk, fluorescent light ballasts, paints and mastics) and secondary sources (building materials contaminated by releases of PCBs from the primary sources).  Dr. Haklar's presentation also discussed exposure levels for evaluating PCBs in Indoor School Air (to keep the total exposure below the oral reference dose of 20 nanograms PCB per kilogram-day) and the EPA's agreement with NYC.  Up next was Mr. Brent Kynoch, of the Environmental Information Association (EIA), updating us on "What Does Toxic Substance Control Act (TSCA) Reform Mean to the Asbestos Abatement Industry?"  Mr. Kynoch discussed "unreasonable risk" and the EPA's need to take final risk management action within 2 years or 4 years if an extension is needed.  In addition, Mr. Kynoch informed us that asbestos was selected in the "Top 10" chemicals for review by EPA and as of the PACNY conference the public comment period was open (it has since closed, here is the docket information:  https://www.regulations.gov/docket?D=EPA-HQ-OPPT-2016-0736).  The final speakers for the day were Mr. Cole Stanton, of Fiberlock Technologies, and Mr. Fred Schauf, of Spectrum Environmental presenting on "Environmental Indicators: Changes in Policy and Practice that WILL Impact Restoration & Abatement in 2017 -2018 and Beyond."  Mr. Stanton and Mr. Schauf discussed the 2016 Indoor Air Quality Association (IAQA) report to NYS Department of Labor (NYSDOL).  This report indicated the following:

Mr. Cole Stanton, of Fiberlock Technologies, and Mr. Fred Schauf, of Spectrum Environmental

• Remediators perform own assessments/final inspections
• Mold Remediation Plans are incomplete:
• No quantities per work area
• No Personal Protective Equipment (PPE) mentioned
• EPA registered biocides etc. without specifying a product
• No method for remediation, only "industry standards"
• No cost estimate
• Non NYSDOL licensed assessors provide the inspection/assessment.
• Real Estate agents are assessing and preparing Mold Remediation Plans for properties they are listing (does not appear to violate Article 32, it does appear to violate their code of ethics.)
• Mold remediators are still providing homeowners with checklist used as assessment and mold remediation plan
• and/or, No Mold Remediation Work Plans provided.
• Training Quality needs significant improvement:
• Incorrect information presented, such as: asbestos testing is not necessary as mold takes precedence over asbestos containing materials; a check list by the homeowner is OK; sampling is required; biocides are preferable to removal.
• Classes last less than 5 hours a day
• Mold assessment classes being taught by teachers without mold experience.

Vendor Reception in the Exhibit Hall

That ended the Technical Sessions on day 2.  The Vendor Reception in the Exhibit Hall started, where further networking with the vendors and the attendees continued.  It was a very informative day 2 and the amount of information was fantastic.  Looking forward to day 3 and our presentation.  Thank you to the Long Island contingent that attended the conference this year.

Part of the Long Island Contingent that Attended This Year 

Related articles:

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

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• NYC's Legionnaire Outbreak Over, Leading to New Requirements for Building Owners.(futureenv.blogspot.com)

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• NYC Legionnaires' outbreak up to 10 dead, 100 diagnosed(newsday.com)

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• OSHA slams co. after 2 men died(bostonherald.com)

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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!

Related articles

• Mold Legislation Threatens Restoration/Remediation Industries(futureenv.blogspot.com)

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All Eyes Turn To Turning Stone Casino For PACNY's 19th Annual Environmental Conference

This week is the Professional Abatement Contractors of New York's (PACNY's) 19th Annual Environmental Conference.  The conference is being held at Turning Stone Casino in Verona, New York from Wednesday, February 25 through Friday, February 27th.  The conference is New York's premier conference for the abatement and remediation industries.  Like most conferences it consists of meetings and a vendor hall.  Unlike other conferences, regulators usually participate and are the main speakers at the event.  Find the registration form here.  

Turning Stone Casino is a Beautiful Casino

Future Environment Designs (FED) is again sponsoring the event, find our booth in the vendor hall staffed by Ms. Kimberly Granmoe & Ms. Sheryl Esposito, you met both of them last year.  The ladies will help you get our new app for Negative Air Calculations and a parting gift.  If you can't make the event, we will be posting updates on our Twitter feed (https://twitter.com/angelogarcia3) with the hashtag #FEDTCPACNY.

FED's Booth in the Vendor Hall

Last year, the conference expanded to three days, adding the Proficiency Day designed primarily for training providers.  This year PACNY has expanded it to include other proficiency topics.  In addition to Mr. Kevin Malone of New York State Department of Health (NYSDOH) speaking on the training regulations, Mr. Andy Oberta & Mr. Sean Hart will be speaking on the asbestos visual inspection standard American Society of Testing Materials (ASTM) E1368; and Ms. Diana Wolgemuth of Dale Carnegie speaking on "Incorporating the Human Element into our Business."

The Long Island Contingent for PACNY Last Year.

Technical sessions on the second day this year will include discussions on vermiculite, the new mold regulations, asbestos abatement, understanding ASTM D7886, and "Industrial Hygiene Lessons Learned from the World Trade Center Disaster."  Opening speaker will be Ms. Linda Reinstein of the Asbestos Disease Awareness Organization (ADAO).  Other speakers include: Mr. Brent Kynoch of the Environmental Information Association (EIA); Mr. Christopher Alonge (is Back!) from the Dormitory Authority of the State of New York (DASNY); Matthew Darin from Bluepoint Environmental; Matt Sanchez from RJ Lee (guess what he will be talking about?); Dr. Marty Rutstein; Dr. Barry Castleman; Mr. Andy Oberta of the Environmental Consultancy; & Mr. Jack Springston of TRC Environmental Corp.  All should be great presenters with great topics!

Last Year's Regulatory Day

The final day of the conference is usually Regulation day.  It will start with Mr. Ed Cahill from EMSL (guess what he will be speaking on?).  It will then move to a roundtable consisting of asbestos and mold representatives from New York State Department of Labor (NYSDOL) from the engineering, enforcement, & legal divisions led by Dr. Eileen Franko, who is always entertaining and hopefully not offended this year.  For more details about the conference you can find the conference flyer here.  The conference is always fun and a great networking event.  The Cocktail Hour on the second day happens in the Vendor Hall and Wednesday night President's reception features Dan the Magic Man!  Hope to see you there!  Come by our booth and say hello.

Related articles

• New York State Mold Licensing & Minimum Standards Law Is Signed By Governor Cuomo
• PACNY Conference New Faces, New Discussions
• NYSDOH Announces The Imminent Availability of Vermiculite Analysis