PACNY's Environmental Conference - Day 1 - And So It Begins!

This year's Professional Abatement Contractors of New York (PACNY) 21st Annual Environmental Conference was definitely more technical then previous years.  The first day of the PACNY environmental conference started with the Proficiency Workshop for Trainers.  The Proficiency Workshop speakers consisted of Mr. Kevin Malone, Director of New York State Department of Health (NYSDOH); Mr. Don Pierce of New York State Department of Labor (NYSDOL); and Mr. Kevin Hutton of Eastcoast Resources; and Mr. Ed Smith of NYSDOL Engineering Services Unit.

It was a modest Day One which started with networking during lunch. Mr. Malone started the presentations by providing us with an update on the statistics of the asbestos training program.  As we have come to expect the number of individuals attending asbestos courses shrinks every year.  The 2016 stats were 26,734 total certs issued broken done 21,642 refresher certs and 5,092 initial certs issued at 3,349 total classes held.  Those numbers are down from the 2015 stats that were 27,731 total certificates issued with 22,074 refresher certs and 5,657 initial certs issued at 3,436 training courses.

 

Mr. Kevin Malone of NYSDOH

The next presenter was Mr. Pierce discussing the Asbestos Hazard Emergency Response Act (AHERA) auditing update.  For those of you who don't know, the Environmental Protection Agency (EPA) has been providing New York State (NYS) with a grant to perform audits of public and private school's AHERA required management plans.  The presentation included a discussion on the process of selecting schools to be audited (randomly selected and/or based upon cause {complaint}), how the data is collected and how the information is provided back to EPA.  In addition, Mr. Pierce discussed several issues the audits have found:

• EPA accepts electronic record-keeping, but hard copies of the original survey and asbestos management plan must be maintained at the Local Education Agency (LEA) office.
• The LEA must assign and train a designated person to oversee asbestos activities and ensure compliance with AHERA requirements.  The designated person must be trained but does not require them to be accredited and does not list a specific course or specific number of hours. It does list specific training topics which include - health effects; detection, identification, & assessment of asbestos; options for controlling asbestos; asbestos management plan topics; and relevant Federal, State, and local regulations for asbestos.  As a side note: Future Environment Designs (FEDTC) recommends designated persons take the asbestos inspector (3 day) and management planner (2 day) initial courses to meet the AHERA requirements.
• EPA allows two methods for new additions to existing buildings.  An architect or project engineer responsible for the construction of a new school building after October 12, 1988 or an accredited inspector to:
• to sign a statement that no asbestos containing building materials (ACBM) was specified as a building material in any construction document for the building, or
• to the best of his or her knowledge, no ACBM was used in any building material in the building.
• The LEA must submit a copy of this statement to the EPA Regional Office and shall include the statement in the management plan of the school.
• Deficiencies found by the audit included:
• Periodic surveillances were missing or weren't well documented
• Documentation of notifications not included or well documented
• ACBM removal not updated in the management plan
• Clearance air monitoring records not available per AHERA

Mr. Don Pierce of NYSDOL

After a short break, the Variance Writing Workshop with Mr. Hutton and Mr. Smith was up next.  This nearly two-hour presentation, got into the details of submitting and writing variances that Mr. Smith's Engineering Services Unit (ESU) reviews for approval, disapproval, or modification. Some of the points discussed:

Mr. Kevin Hutton of Eastcoast Resources

• According to the Asbestos School Hazard Abatement Re-authorization Act (ASHARA) an asbestos project designer is required on Public and Commercial Building asbestos projects (including residential buildings with 10 or more dwellings).
• When writing a variance consider your audience: DOL ESU; Abatement Contractor, Project Monitor; Asbestos Control Bureau (ACB) Inspector; Occupational Safety and Health Administration (OSHA) Inspector (Compliance Safety Officer); and the Courts.
• Mr. Smith discussed that his department handles between 1400-1500 variances a year.  About 25% are then reopened, with another 5% reopened a second time and another 5% reopened a third time.  Mr. Smith also provided us with a list of Pet Peeves regarding variance applications which included:
• Failing to explicitly list what code sections you are requesting relief from
• Don't be lazy and simply submit someone else's variance and state you want to do what is in that variance.  Own your work, your client is paying you to apply for a variance on their behalf.
• "State-Wide" emergencies
• Try to limit your write-up to the hardship and proposed steps to be taken to work around the hardship.

Mr. Ed Smith of NYSDOL Engineering Services Unit

Variance workshop ended the first day of the Conference.  That evening we celebrated & networked at the President's Reception featuring Dan the Magic Man!

John of TS Steakhouse at Turning Stone Casino

Related articles

• Is It Really Here Again! The 21st Annual PACNY Environmental Conference Starts March 1, 2017.(futureenv.blogspot.com)

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Schools Required to Manage Asbestos

Image via WikipediaUnder the Environmental Protection Agency's (EPA) Asbestos Hazard Emergency Response Act (AHERA) regulation all public and private schools (with a few exceptions) were required in 1989 to develop management plans for managing the asbestos installed in their buildings. The AHERA regulation required the schools to update these asbestos management plans every three years.  This management plan requirement included notifying workers and building occupants, or their legal guardians, at least once each school year about inspections, response actions, and post-response action activities, including periodic reinspection and surveillance activities that are planned or in progress.  Such notification must be done in writing and a copy placed in the management plan. Suggested notification methods may be through the publication of an article in a school district newsletter or through a separate written notice distributed to staff and sent home to a student's parent or legal guardian.  Since a new school year is upon us, it is important to remember what is required in  this notification.  The New York State Education Department - Facilities Planning website has a Annual AHERA Notification section discussing what is required. 

In addition, schools are required to make the management plans available for inspection to representatives of EPA and the State, the public, including parents, teachers, and other school personnel within 5 working days after receiving a request for the inspection.  The local education agency (LEA) is also required to notify in writing parent, teacher, and employee organizations of the availability of management plans and shall include in the management plan a description of steps to notify such organizations, and a dated copy of the notification.  In the absence of any such organizations for parents, teachers, or employees, the local education agency shall provide written notice to that relevant group of the availability of management plans and shall include in the management plan a description of the steps taken to notify such groups and a dated copy of the notification.  The LEA asbestos designee for the school district is to oversee that these AHERA required notifications occur each school year. The school may determine when to do AHERA notification, as long as it occurs at least once each school year.

Enforcement of this requirement is done by the EPA's Region II office. They have been very active inspecting New York State schools for compliance with AHERA (in addition, New York State Deaprtment of Health, had received a grant from EPA to perform these inspections on their behalf).  Schools which lack required elements in the AHERA management plan, including the notification documentation outlined above, will be issued an EPA Notice of Noncompliance.  Subsequently, the school has thirty days from the Notice date to correct the violations.  Schools which do not comply with the Notice within thirty days are subject to additional EPA enforcement action, which may result in civil or criminal penalties.
Related articles

• NYS Education Department Issues Clarification on Asbestos Material Testing (futureenv.blogspot.com)
• NYS Senate Considering Asbestos Notification Fee Changes (futureenv.blogspot.com)
• Asbestos Found At Plattsburgh, NY Site (futureenv.blogspot.com)
• ADAO to Livestream the film "Breathtaking" (futureenv.blogspot.com)

 

Inexpensively Handling IAQ Problems in Schools

An excellant article "Little Things Can Fix a Big Problem on National Healthy Schools Day" written by Claire Barnett, Founder and Executive Director, Healthy Schools Network, Inc., for the Huffpost Heath.  Describes what teachers, parents, and facility directors can do, inexpensively, to help improve indoor air quality and help students stay in school.  I would add that teachers, staff, and students should avoid using perfumes and colognes in school or any strong smelling deodorants.  In addition, teachers and staff should not bring home cleaning supplies to clean their rooms, request from the facility director or the custodians cleaning supplies that are used by the school.  Many times I have inspected facilities where the facility has gone to green supplies, only to inspect a classroom to find cleaning supplies not used by the facility (ie, windex, pledge, etc.).  It doesn't help being green, if teachers/staff are using non-green cleaning products that they brought from home. 

Related articles

• Green Cleaning: Six Requirements for LEED Compliance (green-buildings.com)
• Indoor air pollution and self-reported diseases - a case study of NCT of Delhi (iapnews.wordpress.com)
• Opening a Commercial Cleaning Business: What You Need to Know (brighthub.com)

Improved Air Quality, Improves Student Performance

A new study featured in the October issue of the American Society of Heating Refrigeration and Air-Conditioning Engineer's (ASHRAE) Journal indicates that student performance improves, when the air quality in the classroom improves. This research indicates that by lowering the temperature in the classroom and increasing the amount of ventilation supplied to the classroom, will reduce how many errors are made and increase how quickly the student works by 10 to 20 percent (%). These results, which confirms earlier research done by ASHRAE, once finalized will be incorporated into ASHRAE's technical guidance, that is used by engineers to design heating, ventilation, and air-conditioning (HVAC) systems in all buildings. The study also provides several suggestions for school officials to improve learning conditions:

• Visit each classroom to ensure HVAC systems are operating properly.
• Develop and adhere to a preventative maintenance program for all HVAC equipment on site.
• Allow and encourage teachers to lower the temperature in the classroom on warmer days.
• Investigate and implement methods to reduce heat build-up in classrooms.
• Allow and encourage teachers to open operable windows in the classroom on milder days.
• Encourage maintenance staff to replace supply air filters more frequently, particularly during pollen season.
• Investigate the feasibility of introducing more outside air into the classrooms than codes require in an energy efficient manner.

Imagine your son/daughter able to improve themselves by 10-20%. Making 10-20% less errors may be the difference between an A- or B+ for a grade. Being 10-20% quicker may mean the difference between finishing the exam and not finishing the exam. This difference achieved by making sure the classroom is cool and well ventilated. Making sure the student is confortable in the classroom. It is amazing how comfort can have such a significant impact on errors, speed, and for office workers productivity. This research indicates that putting indoor air quality programs in place will provide significant benefits based on their costs. So give us a call to help you implement your own program.