Still Not a #BanAsbestos: Over 40 Years in the Asbestos Industry and the Ongoing Fight for Real Change

As we celebrate our country's 249th anniversary of the adoption of the Declaration of Independence, recent events have caused us to spend some time reflecting on 37 years of business, and 43 years in the asbestos industry where we started, what’s changed, and what hasn’t.  Back then, we relied on beepers, phone cards, and typewriters to keep the wheels turning.  New York City Department of Environmental Protection's (NYCDEP's) "Not an Asbestos Project Form ACP5s" had to be ordered and picked up at NYCDEP and were typed by hand.  Manuals were several inches thick, and navigating them required patience—and maybe a magnifying glass.  Today, we have digital manuals, searchable PDFs, online filing systems (see our Training Library), smartphones that connect us instantly, and ACP5s that are filed online.

Yet despite all the technology and efficiency, the core of our work hasn’t changed: workers still need respirators, still need to take showers after abatement, still need negative pressure in the containment area, and still need to wet materials to keep dust down.  The tools have evolved, but the risks and the protocols remain stubbornly the same.  And the biggest constant of all?  Asbestos is still here.  

Asbestos Pipe Insulation

When we first opened our doors, people told us the asbestos problem would be solved in 5 or 10 years.  That was the thinking at the time—because how could a substance so toxic, so dangerous, remain legal in any form? (see our blog post "Future Environment Designs Celebrates 30 Years in Business in October. What the heck is SNUR?").

The book we wrote after 30 years in business

Yet here we are, over 40 years later, and we’re still talking about it.  Not only has asbestos not been banned, but what we’re now calling a “ban” - specifically, the Environmental Protection Agency’s (EPA's) Part 1 Final Rule on Chrysotile Asbestos - isn’t a ban at all.  In addition, the EPA plans to rewrite the Toxic Substances Control Act (TSCA) rule on asbestos, leaving the ban’s status unclear (see Inside EPA).  

Cobbing Station with chrysotile asbestos

Let’s be honest: many of you probably read headlines like “EPA Bans Chrysotile Asbestos” and felt a wave of relief.  We did too—until we read the rule (see our blog post "Chrysotile Asbestos Banned? More Like Certain Conditions of Use Will Be Eventually Banned!").  The full title tells the real story:

“Asbestos Part 1 – Chrysotile Asbestos; Regulation of Certain Conditions of Use Under the Toxic Substances Control Act (TSCA).”

That phrase—“Certain Conditions of Use”—should tell you everything. This isn’t a ban.  It’s a regulation of specific uses.  The media clearly needs a dictionary, because, by definition, a ban is to prohibit or forbid by legal means. That’s not what this rule does.

What the EPA has issued is a partial phase-out of chrysotile asbestos—one type of asbestos, in some uses, with long timelines, carveouts, and industry exceptions.

And it says nothing about the other types of asbestos: amosite, crocidolite, tremolite, actinolite, anthophyllite, or the Libby amphiboles.  None of these are addressed.

Asbestos Display Museum of Natural History

Let’s look closer.  The rule is 40 pages long (starting on page 21970 of the Federal Register), but the actual regulatory section is?  Just five pages long—starting at page 22005. The rule addresses:

• Chrysotile asbestos diaphragms in the chlor-alkali industry

• Sheet gaskets in chemical production

• Oilfield brake blocks and gaskets

• Aftermarket automotive brakes and linings

• Other vehicle friction products

• Interim workplace controls

• Disposal

• Recordkeeping

Here’s the devil in the details:

• As of May 28, 2024, the manufacture and import of chrysotile asbestos for chlor-alkali diaphragms is prohibited.

• Use of those diaphragms? Not prohibited until May 28, 2029, and even then, with exceptions that allow use until 2036 at certain facilities.

• For sheet gaskets, there’s an exception for titanium dioxide production until May 28, 2029, and for the Savannah River Site until December 31, 2037.

• Aftermarket brake parts and gaskets can still be used if already installed, even though we know from studies (including those on auto mechanics) that exposure during repair work is dangerous.

And if that’s not enough to make you question the strength of this so-called “ban,” remember the Significant New Use Rule (SNUR) issued in 2019. That rule allows companies to petition the EPA for permission to resume using asbestos in dozens of legacy products, including:

• Roofing felts

• Vinyl-asbestos floor tiles

• Electrical paper

• Sealants and coatings

• Beater-add gaskets

• Millboard

• Adhesives

• And more

Think about it: if these materials come back into use, every project involving them will need asbestos inspection and possible abatement. The asbestos abatement industry might never go away—and while that might sound good for business, it’s a horrifying thought for public health.

We find it troubling that while the EPA is creating tighter exposure standards—like their Interim Existing Chemical Exposure Limit (ECEL) of 0.005 f/cc, which is 20 times more protective than the Occupational Safety and Health Administration’s (OSHA's) current limit—they’re simultaneously allowing asbestos to linger in commerce for another decade or more.

In 2021, the Committee for Risk Assessment (RAC) prepared an expert opinion for the European Chemical Agency (ECHA) on the scientific evaluation of occupational exposure limits for asbestos

Even their respirator guidance underscores the danger.  EPA is requiring supplied air respirators for exposure levels that OSHA still considers acceptable. That speaks volumes.

Supplied Airline Respirator

And while the EPA sets these rules, they’re also challenging them.  Under pressure from industry, the agency recently filed a motion to reconsider its own chrysotile asbestos rule, which will delay full implementation for at least 30 months.  That would be a massive setback.

In 2009, we interviewed Linda Reinstein on asbestos for my show, Keeping Your Family Safe 

Linda Reinstein, President and Co-Founder of the Asbestos Disease Awareness Organization (ADAO), called it what it is: “a move that puts lives at risk.”  Listen to her at Reinstein Notebook “EPA’s Motion & Trump’s Administration Consideration of an Asbestos Ban Reversal”.

Here’s the thing: asbestos kills 40,000 Americans a year. This isn’t just about regulation—it’s about life and death.  And that’s why we support ADAO’s fight to pass the Alan Reinstein Ban Asbestos Now Act (ARBAN). This legislation would prohibit the manufacture, processing, use, and distribution of all forms of asbestos in commerce. Period. No loopholes, no exceptions.

We urge you to tell Congress to act. The ADAO has made it easy—use this link to contact your Representatives and Senators and demand a true, complete ban.

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Tags: #BanAsbestosNow #ChrysotileMyth #EPARegulations #AsbestosKills #SNUR #TSCA #ARBAN #PublicHealth #AsbestosAbatement #ADAO #37YearsStrong #EnvironmentalJustice #AutoMechanicsAtRisk

Insights and Updates from Day 1 of PACNY's Environmental Conference: A Must-Attend Event for Industry Leaders

The Professional Abatement Contractors of New York's (PACNY's) 28th Annual Environmental Conference started with an action-packed first day (February 28th, 2025) at Turning Stone Casino in Verona, New York, setting the stage for a dynamic exchange of ideas, regulatory updates, and thought leadership. Attendees were treated to a robust lineup of expert speakers covering various critical topics, from asbestos and lead regulations to safety leadership and mental health in the workplace.

Frank Ehrenfeld (at the podium) and Tom Laubenthal speaking on the EPA Lead Rule

The morning session began with side-by-side presentations with Frank Ehrenfield, from Eurofins, and Tom Laubenthal, from TGL Consulting, Inc., delivering an essential update on "The Environmental Protection Agency (EPA) Lead Rule Update from November 2024" in the Mohawk room.  Their presentation discussed the EPA's November 2024, published new Lead-Based Paint rules regarding various definitions, dust levels for risk determination, and “clearance” values (which are now called “action levels”).  Once again, these values will be lowered to further lower risks to children in pre-1978 target housing and child-occupied facilities.  The new dust values are very low to “at reporting limits” (similar to a detection limit for simplicity), and the presentation also described in terms of the difficulties that may exist for some National Lead Laboratory Accreditation Program (NLLAP)-accredited labs, in meeting reporting limits. All stakeholders must read these regulations to understand the details and various applicability dates (see Lead and Environmental Hazards Association (LEHA) fact sheet).  While in the Cayuga room, Mary Parish, Principal Worker's Compensation Examiner in the office of the Advocate for Business, presented “Protecting Yourself and Your Team,” shifting the focus to workers' compensation and the legal framework protecting both employers and workers.  A key point from her talk was a reminder to make sure you are a certificate holder on your subcontractor's workmen's compensation insurance.

Mary Parish speaking about NYS Workmen's Compensation

The next speakers in the Mohawk Room, David Duford, from CanAm Environmental Safety, Inc., and Ryan Carney, from Wegmans Food Markets, took the stage to present "Managing Exposure Decisions and Improving Exposure Judgements," diving into practical strategies for assessing and managing workplace hazards. Their discussion highlighted the importance of accurate exposure judgments in protecting workers from hazardous environments utilizing Bayesian Statistics. Meanwhile, in the Cayuga Room, Anthony DiTucci, of Livingston Associates, continued the theme of leadership with "Safety Leadership in Project Management." He delivered a compelling case for strong safety leadership as a cornerstone of effective project management, underscoring the need for safety-first cultures in construction and abatement projects.

Anthony DiTucci in the Cayuga room, Ryan Carney (at the Podium), and Dr. David Duford in the Mohawk room

After a small break in the Vendor Exhibition Hall, Dr. Joe Spurgeon, CIH, followed in the Mohawk room with a targeted presentation, “Write a Mold Assessment Report, Not a Data Report,” emphasizing the need for clear, actionable mold assessment reports. Spurgeon challenged attendees to move beyond merely collecting data and focus on producing comprehensive reports that drive decision-making.  Zooming into the Cayuga Room, Dr. Barry Castleman delivered a hard-hitting presentation on the "Saranac Laboratory Coverups for the Asbestos Industry," revealing the historical injustices faced by asbestos victims and how industry efforts were made to downplay the dangers of asbestos exposure.

Joe Spurgeon in the Mohawk room and Barry Castleman zooming in the Cayuga room,

Closing out the morning session in Mohawk room was Steven Smigielski and Sean Fitzgerald, of Encorus Group, who addressed another timely issue in their talk, "Impact of New York State's Building and Energy Code Revisions on Hazardous Material Abatement." They examined how these revisions are shaping hazardous materials management and abatement strategies, giving attendees practical insights into compliance and operational adjustments.  Closing the morning session in the Cayuga Room, Megan Beaushemin, of New York State Department of Labor, provided a vital introduction to "NYS Code Rule 59 & 60," offering a comprehensive overview of these key regulations and how they impact worker safety practices and workers' compensation insurance.

Steven Smigielski and Sean Fitzgerald in the Mohawk room, and Megan Beauchemin in the Cayuga room

After a networking lunch, the highlight of the day was undoubtedly the Asbestos Inspections Panel moderated by Angelo Garcia, III, of Future Environment Designs, Inc. This distinguished panel, titled "Asbestos Inspections: EPA, OSHA, NYSDOL, NYCDEP & ASTM. Different Requirements and Goals," brought together leading experts to explore the varying requirements and objectives in asbestos inspections. Tom Laubenthal, of TGL Consulting, Inc., led the discussion with a focus on the American Society of Testing and Materials (ASTM) E2356 standard, offering a technical perspective. Chris Alonge, of the Dormitory Authority of New York (DASNY), presented the building owner's perspective, diving into the importance of thorough inspections to protect occupants and workers. Mr. Alonge shared some of the resources DASNY (click here for the DASNY resource page) provides to environmental consultants and contractors working for DASNY. Marc Rutstein, of Environmental Consulting and Management Services, Inc., shared his insights as a consultant, highlighting the regulatory challenges in NYCDEP and NYSDOL compliance. Finally, Matthew Brooks, of International Asbestos Removal, Inc., wrapped up with a contractor’s view, emphasizing the real-world application and costs of when inspectors don't follow these standards on job sites. The panel then had a discussion regarding the Occupational Safety and Health Administration's (OSHA's) Varga Letter regarding materials containing one percent or less of asbestos and how those materials should be handled.

Front Row - Tom Laubenthal & Matthew Brooks
Back Row - Chris Alonge, Marc Rutstein, & Angelo Garcia, III

The afternoon continued with Peter DeLucia, of Riedman Companies, and Mark Wiktorski, of Wonder Windows Showers and Baths, tackling an important but often overlooked topic—mental health. Their presentation, “Breaking the Stigma: Mental Health as a Critical Component of Workplace Safety,” emphasized how breaking the stigma attached to mental health issues is important to maintaining a safe, productive work environment.  An important website that promotes mental wellbeing in the workplace from the Construction Industry Alliance for Suicide Prevention.

Mark Wiktorski & Peter Delucia (at the Podium) 

Kevin Hutton, of EAST Centers of NY, rounded out the day with a much-anticipated session on "2024 TOP DOL Violations." His presentation gave attendees a close look at the year’s top safety violations, offering key takeaways for improving compliance and reducing risks in the workplace.

Kevin Hutton

The day concluded with a lively happy hour in the exhibition hall, where a record 31 exhibitors were on hand, showcasing the latest products and services in the industry. It was a fitting end to a day full of rich learning and networking opportunities, giving attendees a chance to connect and unwind after a full day of presentations.

As the conference continues (Day 2 was Friday, February 28, 2025; look out for Part Two), the knowledge and insights shared on day one have already set a high bar for the discussions to come. Whether you're looking to stay ahead of regulatory changes or enhance your leadership in safety practices, PACNY's Environmental Conference is the place to be.

Always thankful for Sheryl Esposito's (and Matt Desch) presence managing the booth!

The Role of Asbestos Inspections in Construction Safety: Don't Miss the Asbestos Inspection Panel at PACNY's Environmental Conference!

In the construction world, one of the most pressing concerns for worker safety is the potential asbestos exposure.  This hazardous material, once commonly used in various building materials for its fire-resistant and other properties, has been linked to serious health risks, including lung cancer, asbestosis, and mesothelioma.  Asbestos exposure remains a significant threat, especially in older buildings undergoing renovation or demolition.  The Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) have set strict guidelines to minimize this danger, but compliance hinges on one key factor: thorough and accurate asbestos inspections.

To explore the intricacies of asbestos inspections, Angelo Garcia, III of Future Environment Designs, Inc., will be moderating a distinguished panel at PACNY's 2025 Environmental Conference on Thursday, February 27, 2025. The panel will dive deep into the importance and differences in asbestos inspections from various perspectives. This includes Tom Laubenthal of TGL Consulting and ASTM E2356 Chairman, who will discuss the ASTM asbestos inspection standard, Chris Alonge now with Dormitory Authority of the State of New York (DASNY) who will provide insights from an owner's perspective, Marc Rutstein from Environmental Consulting & Management Services, who will offer a consultant's viewpoint and highlight the differences between NYCDEP and NYSDOL inspections, and Matt Brooks from International Asbestos Removal (IAR), who will speak on the contractor’s perspective.

Asbestos pipe insulation with fitting insulation

Asbestos inspections play a vital role in identifying materials that may contain asbestos before they are disturbed. This proactive approach not only prevents worker exposure but also ensures that proper abatement procedures are followed. A well-executed asbestos inspection is the first line of defense against the release of airborne asbestos fibers, which can be deadly when inhaled.

Understanding the Importance of Homogeneous Areas

At the heart of every asbestos inspection is the process of determining whether a material is classified as a surfacing material, thermal system insulation, or miscellaneous material.  Once the material type is identified, the inspector must establish whether the materials are homogeneous.  According to the EPA’s Asbestos Hazard Emergency Response Act (AHERA), a homogeneous area is defined as one where the material is uniform in color and texture.  

Floor tiles and numerous homogeneous areas

However, that is not the only definition of homogeneous area/material.  For example, the American Society for Testing and Materials (ASTM) has established a Standard Practice for Comprehensive Asbestos Surveys (ASTM E2356-18) in this standard the definition of homogeneous area is surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture and apparent or known date of installation. The other definitions that are used by inspectors also include some reference to installation or formulation in addition to color and texture.  This classification is crucial because it informs the number of samples that must be taken to accurately assess the presence of asbestos.

Sampling Procedures: The Foundation of a Successful Inspection

For surfacing materials, the size of the homogeneous area directly influences the number of samples needed. Under the EPA’s guidelines, inspectors follow the “3-5-7 rule.” This means that three samples are required for areas smaller than 1,000 square feet, five samples for areas between 1,000 and 5,000 square feet, and seven samples for areas larger than 5,000 square feet. Additionally, the EPA’s “Pink Book,” formally known as Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials, recommends taking nine samples per homogeneous area, regardless of the square footage, for increased accuracy.

Asbestos Fireproofing

For thermal system insulation, the process differs slightly. Inspectors must determine if the material is homogeneous, patch material, or material used on fittings like elbows and valves. Homogeneous areas of thermal system insulation require three samples, while patch materials smaller than six linear or square feet only need one sample (the only time one sample is allowed). Cement or plaster used on fittings must be sampled based on the specific mechanical system in question, and a minimum of two samples is required for each system. However, the EPA in A Guide to Performing Reinspections Under AHERA strongly advises taking at least three samples in larger homogeneous areas, even if regulations don't mandate it.

For materials such as joint compound and add-on materials, however, the EPA’s “Asbestos Sampling Bulletin dated September 30, 1994” specifies that three samples are required for each material. These distinctions are critical for asbestos inspectors to ensure compliance and accuracy in their assessments (see our original blog post on asbestos surveys).

In May 2007, the EPA provided important clarification on sampling requirements.  Mr. Chris Alonge, at the time, was working for New York State Department of Labor (NYSDOL) and he requested clarification regarding the number of samples that should be taken for each suspect asbestos-containing homogeneous miscellaneous material.  The clarification was distributed by the Professional Abatement Contractors of New York (PACNY) in November 2007. According to this clarification, the minimum number of samples that should be taken of miscellaneous materials (i.e., floor tiles, roofing, caulk, ceiling tiles) is two (see our original blog post on this issue).

Respirator and protective clothing should be worn by the inspector during sampling

Following proper sampling protocols is crucial because asbestos is considered present if any one of the samples from a homogeneous area contains more than 1% asbestos. Conversely, if all samples return asbestos concentrations at or below 1%, the area is deemed asbestos-free—though it’s important to remember that materials containing 1% or less of asbestos are still regulated under OSHA’s asbestos standard (see the Varga letter).

The Legal and Health Implications of Incomplete Inspections

Inadequate or incorrect asbestos inspections can have severe consequences.  From a legal standpoint, failing to adhere to EPA and OSHA regulations can result in hefty fines and penalties.  Remember neither regulation has a specific end date for buildings not containing asbestos (see our post Is There an Appropriate End Date for Asbestos Use?).  More importantly, from a health perspective, improperly identifying or failing to identify asbestos-containing materials (ACMs) can expose construction workers to dangerous fibers, leading to long-term health problems.  Given that asbestos-related diseases may take decades to develop, the human cost of negligent inspections can be devastating.

The closet door with asbestos core was cut without any precautions costing over $30,000 to clean up the contamination.

Mr. Tom Laubenthal wrote EPA in November 2014 regarding The Standard Practice for Comprehensive Asbestos Surveys (ASTM E2356-18) Pre-Construction Survey (section 8 of the standard) meeting the requirement under National Emissions Standards of Hazardous Air Pollutants (NESHAPS) of a thorough inspection.  EPA responded that they would expect an owner/operator to follow the steps in Sections 1 through 5 and Section 8 to comply with the NESHAPS regulation. This standard provides a framework for conducting thorough asbestos inspections, particularly in pre-construction scenarios, ensuring that no asbestos-containing material goes unnoticed.

Conclusion: The Essential Role of Inspections

Asbestos inspections are the cornerstone of any effort to protect workers from exposure to this hazardous material. By adhering to the EPA’s and OSHA’s strict sampling and inspection guidelines, inspectors can identify asbestos-containing materials before they are disturbed, reducing the risk of airborne fibers and subsequent health issues. Given the serious implications of asbestos exposure, thorough inspections are not just a regulatory requirement—they are a moral imperative in safeguarding the health and well-being of workers.

Asbestos Floor Tiles disturbed before identification led to a clean-up costing over $250,000

In the end, the responsibility lies with all stakeholders—building owners, contractors, and asbestos inspectors alike—to ensure that every construction or renovation project is free from asbestos hazards. As inspectors, staying current on regulations, maintaining rigorous sampling standards, and educating clients on the risks and regulations associated with asbestos are critical components in this ongoing battle against a deadly substance.

The asbestos inspection panel promises to be an invaluable session for professionals across the construction, consulting, and regulatory industries. With these diverse viewpoints, we aim to shed light on the critical role inspections play in protecting workers and ensuring compliance with ever-evolving asbestos regulations.  Asbestos inspections are not just about checking boxes—they are about saving lives.

Future Environment Designs wishes all of you a Merry Holidays and a Happy New Year! EPA delivers an early holiday present!

As we say goodbye to 2024 and welcome 2025, we reflect on 2024 and how it has changed us.  2024 has been a good year for Future Environment Designs which helps to keep the business viable as we enter our 37th year in business. We are still working on a balance between the company and our personal life. Which at times can be so entertwined.

PACNY's Holiday Meeting at Skaneateles, NY 

Future Environment Designs is looking forward to 2025 as many of our clients have asked for initial courses in the coming year and we look forward to assisting them with their needs.  We will continue to service the other areas of the State (such as Plattsburgh, Rochester, Syracuse, Hudson Valley, and Buffalo) looking for quality training.  Thank you to all our clients for helping us maintain a 4.8 rating out of 5 for another year! Your positive feedback means a lot to us. If you'd like to share your experience, please visit our course reviews at CourseCheck.  We look forward to continuing our work on the Professional Abatement Contractors of New York (PACNY) Board of Directors (if reelected), event, and communications committees.  In addition, some indoor air quality consulting work has also come through the door for the New Year we look forward to meeting those needs, too.  

Anthony's Restaurant in Plattsburgh, NY

On a more global note, the Environmental Protection Agency (EPA) announced on December 3, 2024, that it has determined that disturbing and handling asbestos associated with legacy uses, and asbestos as a chemical substance, poses an unreasonable risk to human health.  EPA's Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos - Part 2 of the Risk Evaluation for Asbestos, EPA considered chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, actinolite, and Libby Amphibole Asbestos (and its tremolite, winchite, and richterite constituents).  EPA considers this expansion to be consistent with the focus of Part 2 of the Risk Evaluation for Asbestos on legacy uses and associated disposals.  Additionally, the EPA assessed the relevant conditions for the use of asbestos-containing talc because talc has been implicated as a potential source of asbestos exposure.

Rockefeller Centre, NYC

It will be interesting moving forward since this announcement means rules or regulations must be promulgated to mediate the risk.  Especially with a new administration that is looking to reduce regulation.  It will be interesting to see if we get another SNUR.  See our post on the SNUR.  Several items we hope will be addressed:

• a National Aggressive TEM Clearance requirement for all-size asbestos projects.  Read my post regarding clearance.
• a reduction of the exposure limit for all asbestos workers.  Remember EPA in Part One set an exposure limit of 0.005 f/cc for chlor-alkali workers.  Read my post regarding Part One. 
• in addition, a plan to replace phase contrast microscopy with a better method for evaluating worker exposures.
• Getting rid of the greater than 1% rule for asbestos-containing materials (ACM).  Changing it to any percentage even trace amounts would eliminate some confusion between EPA and OSHA regulations.
• Coming up with a method for handling Libby-Amphibole Asbestos.

Bergdorf Goodman, NYC

On a personal note, we will miss our youngest sister Dr. Melissa Garcia who passed on in May. This has altered our view of things a bit. How short life is and the time we have on this planet can end at any time. Specifically, most will not see much of a difference because we have always been a positive (glass half-full) person. Though we're starting to feel our age.  Our worries and cares are very different now and going forward.

Bryant Park, NYC

We look forward to seeing many of you in 2025 as we continue our journey together!

Re-Post of our 20 Year Anniversary of 9/11, 10-Year Anniversary of the World Trade Center Health Program. Lesson Learned?

On September 11, 2001, Future Environment Designs (FEDTC) was teaching an asbestos supervisor refresher and an asbestos inspector initial course at the Underhill Blvd. Syosset office.  We were some of the fortunate individuals who were not in New York City when terrorists hijacked airplanes and proceeded to fly them into the World Trade Centers (WTC), the Pentagon, and crashed another in Pennsylvania.  On that day hundreds of thousands of people were exposed to a massive cloud of toxic gases and particulates from the terrorist attack on the WTC.  Significant failings by the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) led to tens of thousands of people who participated in the ensuing rescue, recovery, and clean-up efforts being exposed to the WTC toxic dust.  Nearly a half million people are estimated to be at increased risk of adverse health effects from exposures to physical, psychological, and emotional stressors in the days, weeks, and months following the terrorist attacks.  This year we honor their sacrifice on the 20th Anniversary of the attack on the World Trade Center.  On January 2, 2011, the James Zadroga 9/11 Health and Compensation Act of 2012 (the Zadroga Act) created the World Trade Center Health Program (WTCHP).  The WTCHP is administered by the director of the National Institute for Occupational Safety and Health (NIOSH).  So this year is also the 10th Anniversary of the WTCHP.  

We have no intention of changing our logo which depicts the NYC skyline with the WTC.

The WTCHP provides medical monitoring and treatment of covered health conditions for emergency responders, survivors, recovery and cleanup workers, and volunteers who helped at the WTC, the Pentagon, and the crash site near Shanksville, Pennsylvania, and maintains a research program aimed to improve the care and well-being of the affected population.  The WTCHP serves four groups of people affected by the 9/11 attacks:

• Fire Department of New York Responders,
• World Trade Center General Responders,
• World Trade Center Survivors (lived, worked, or went to school in NYC Disaster Area), and
• Pentagon/Shanksville Responders

From Express - 9/11 firefighters still Dying 20 years on - Devastating graph exposes the harrowing impact

As of December 31, 2020, 108,666 individuals have enrolled in WTCHP.  The ten most common certified conditions are:

• Chronic Rhinosinusitis
• Gastroesophageal Reflux Disease (GERD)
• Cancers
• Asthma
• Sleep Apnea
• Post-Traumatic Stress Disorder (PTSD)
• Chronic Respiratory Disorder - Fumes/Vapors
• WTC-Exacerbated Chronic Obstructive Pulmonary Disease (COPD)
• Anxiety Disorder (Not otherwise specified)
• Major Depressive Disorder

As the years go by, it will be interesting to see if this list changes.  In FEDTC's asbestos training courses, we discuss the latency period for asbestos-related diseases (asbestosis, lung cancer, and mesothelioma) are 10-50 years from the date of the first exposure.  In the next 5-10 years we will hit the beginning of the latency period for lung cancer and mesothelioma.  Currently, cancers only account for about 13% of WTCHP certified conditions with non-melanoma skin cancer (27%) and prostate cancer (21%) being the top two cancers.  Comparison studies indicate that prostate and thyroid cancer are elevated compared to other groups (without WTC toxic dust exposure). Other excess cancers at this time include bladder cancer, malignant melanoma, multiple myeloma, leukemia, and non-Hodgkin lymphoma.

It was published after the completion of the rescue, recovery, and clean-up efforts that there were no fatalities.  However, that isn't quite correct since we are seeing rescue, recovery, and clean-up workers dying from their exposure to the WTC toxic dust.  It is good to see that what occurred during the rescue, recovery, and clean-up at the WTC was not repeated at the recent rescue, recovery, and clean-up efforts at the Miami condo collapse.  As the picture below, from The Guardian, shows, rescue crews are wearing respirators to protect them from the potentially toxic dust from the collapse of that building.  If this is the lesson learned from the WTC tragedy, it was a hard lesson but one that will protect workers in other rescues, recoveries, and clean-ups in the future.  

 

The Guardian

Miami condo collapse: death toll rises to nine as crews search pile for survivors | Miami condo collapse | The Guardian

Future Environment Designs Celebrates Labor Day by Remembering Those Who Made Sacrifices!

 Future Environment Designs (FEDTC) wishes everyone a Happy Labor Day weekend!  We hope everyone takes the time to remember that today we are celebrating the contributions of the labor movement to the development and achievements of the United States of America (USA).  Many workers have sacrificed their lives in making these achievements.  On average, almost 100 workers are killed every week in the United States due to traumatic injuries suffered at work. Over 20 times as many die from occupational diseases, many due to exposure to hazardous substances many years before they died (for example, asbestos, silica, and coal dust) or from COVID-19 acquired at work.  It is important to remember those who made these sacrifices while working on the job.  These sacrifices also cost businesses profitability and increase workmen's compensation costs.  The Occupational Safety and Health Administration (OSHA) has created a tool to show the impact different types of injuries cost businesses.  

The United States Labor Department has produced a video to remember the history behind the creation of Labor Day.  Future Environment Designs hopes as we enjoy this weekend, we remember the importance and the sacrifices each of us makes to keep achieving and developing the USA, and even more importantly we remember solidarity, the sense that each of us should look out for the interests of all!

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.