The podcast was interesting to listen to on how the panel of attorneys address this issue. First, the panel did not include a specialist (environmental attorney) in this type of problem. These attorneys said they would bring on an environmental attorney, which should have been done as part of the podcast. However, the individuals on the panel acknowledge their limited knowledge of the regulations impacting this issue and made excellant recommendations on how this individual should handle this problem. Including potentially removing the President, calling the insurance company, and possibly even calling the regulatory agencies. Highly recommend this podcast for Co-op and Condo Board members considering asbestos removal.
Future Environment Designs Training Center specializes in asbestos, indoor air quality, industrial hygiene, and occupational safety training programs. We offer New York State asbestos and mold certification courses. We design, develop, and maintain the various indoor air quality, asbestos, and safety programs that are Keeping Your Employees Safe.
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Monday, April 04, 2011
Board Member of Queens Cooperative Has An Asbestos Question
Habitat Magazine does twice a month podcast where they invite a New York co-op or condo board director to ask a legal question, and they host a panel of attorneys who address it. In this podcast, Karen Ward, a board director of a 67-unit co-op in Queens, is facing an asbestos problem. The board president of her co-op had hired a contractor to remove asbestos in their meeting room and a tenant' apartment. The contractor was not licensed to do this type of work, and the proper disposal protocols were not followed. According to Ms. Ward, the building is now facing fines and penalties. Find the podcast at: http://www.habitatmag.com/rss/feed/podcast
Friday, April 01, 2011
Hazardous Waste In Landscape Mulch
Image via WikipediaLong Island Business News reported yesterday that Victor Liotta, owner of an Oceanside company, Liotta Bros. Recycling Corporation, was arrested and is being charged of scheming to defraud, prohibited disposal of solid waste, operation of a solid waste management facility without a permit and misbranded or adulterated fertilizer.
The arrest occurred after a New York State Department of Environmental Conservation (NYSDEC) engineer uncovered that a sample of wood chips from Liotta’s landscaping company contained altered wood and demolition debris, including plastic chips, floor tiles, rags, sheet metal and rubber.
Liotta Bros. Recycling Corporation, operates a solid waste management facility in Oceanside and a retail store called “Island Hopper Landscape Supplies” in Island Park.
Floor tiles being part of the waste in the mulch brings up the question is it asbestos containing or not. If it is asbestos the mulching process obviously makes it friable and would make it regulated by the Environmental Protection Agency (EPA) as a category I nonfriable that has become friable. Hopefully, not many people used this company's products. It will be interesting to see how this is handled.
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- Second Solid Waste Management Research Forum on 8th November 2010 (solidwasteforum.wordpress.com)
- Meeting to discuss new play equipment in Washington Park (centraldistrictnews.com)
- $50,000 for Seattle's top waste-reduction neighborhood (seattletimes.nwsource.com)
Thursday, March 31, 2011
Restoration & Remediation Magazine - The RRP Rule: One Year Later
In this month's issue of Restoration & Remediation Magazine, Mr. John Banta wrote an excellant article regarding the Environmental Protection Agency's (EPA) Lead Paint regulation - Renovation, Remodeling, & Painting Rule. The article covers the history of the rule and discusses enforcement issues.
As the article discusses the roll-out period for firms to become certified by filing their paperwork and paying their fees to the EPA, as well as for the Certified Renovators supervising these jobs to be trained, was extended to the end of 2010, but the effective date for using lead safe work practices remained April 22, 2010. As Mr. Banta indicates in his article "this means...that any firm performing work for hire in target housing or child-occupied facilities built prior to 1978 is required to follow the regulations, even if their paperwork hasn’t been processed or even filed." However, this grace period is over.
The EPA may audit the records of any firm in violation of the regulation for up to three years after the job is complete and be fined up to $37,500 per occurrence per day. If the violation of the law is willful, the fine can be doubled and jail time may be assigned by the courts. This law applies in all federal jurisdictions; except states, tribes, and territories that EPA has approved to administer their own RRP programs. According to the article those states are, Wisconsin, Iowa, North Carolina, Mississippi, Kansas, Rhode Island, Utah, Oregon, Massachusetts, and Alabama have had their programs approved in lieu of the Federal program. Approved State programs must be at least as strict as the EPA regulations.
Don't forget tomorrow is the EPA Information Session at Hofstra and if you have any questions please post them here or at Future Environment Designs Forum, and I will try to get an answer to your questions.
As the article discusses the roll-out period for firms to become certified by filing their paperwork and paying their fees to the EPA, as well as for the Certified Renovators supervising these jobs to be trained, was extended to the end of 2010, but the effective date for using lead safe work practices remained April 22, 2010. As Mr. Banta indicates in his article "this means...that any firm performing work for hire in target housing or child-occupied facilities built prior to 1978 is required to follow the regulations, even if their paperwork hasn’t been processed or even filed." However, this grace period is over.
The EPA may audit the records of any firm in violation of the regulation for up to three years after the job is complete and be fined up to $37,500 per occurrence per day. If the violation of the law is willful, the fine can be doubled and jail time may be assigned by the courts. This law applies in all federal jurisdictions; except states, tribes, and territories that EPA has approved to administer their own RRP programs. According to the article those states are, Wisconsin, Iowa, North Carolina, Mississippi, Kansas, Rhode Island, Utah, Oregon, Massachusetts, and Alabama have had their programs approved in lieu of the Federal program. Approved State programs must be at least as strict as the EPA regulations.
Don't forget tomorrow is the EPA Information Session at Hofstra and if you have any questions please post them here or at Future Environment Designs Forum, and I will try to get an answer to your questions.
Related articles
- Hofstra is Hosting an Information Session on EPA's Lead RRP Law. (futureenv.blogspot.com)
- Massachusetts DOS and EPA Begins Enforcement of Lead RRP (unitedallianceservices.typepad.com)
- EPA's Local Coordinator for the Lead Paint Rule at Hofstra University (futureenv.blogspot.com)
Wednesday, March 30, 2011
Hofstra is Hosting an Information Session on EPA's Lead RRP Law.
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- EPA's Local Coordinator for the Lead Paint Rule at Hofstra University (futureenv.blogspot.com)
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- Attention Homeowners/Realtors: EPA RRP Certification required to All Contractors & Workers If Your Home Has Been Built Prior 1978 (briarhillsinfo.wordpress.com)
Tuesday, March 29, 2011
Jury Selection Begins in the Deutsche Bank Building Fire Trial
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- Finally Gone, Ground Zero Tower In Focus At Trial (newyork.cbslocal.com)
- Tower damaged on 9/11 finally coming down (msnbc.msn.com)
- Almost 10 Years Later, Old Deutsche Bank Tower Is Down (newyork.cbslocal.com)
Monday, March 28, 2011
EPA Proposes to Add Area Near Hicksville, New Cassel, Westbury, Hempstead and Salisbury, N.Y. to the Federal Superfund List
With the proposal of this site to the Superfund List, a 60-day comment period will begin during which EPA solicits public input regarding this action. For instructions on how to submit comments, go to http://www.epa.gov/superfund/sites/npl/pubcom.htm or contact Dennis Munhall at (212) 637-4343 or munhall.dennis@epa.gov.
VOCs are often used as ingredients in paint, solvents, aerosol sprays, cleaners, disinfectants, automotive products and dry cleaning fluids. Repeated and direct exposure to VOCs can cause serious health effects including damage to the liver, kidneys and central nervous system.
“By placing the site on the federal Superfund list, EPA can do the extensive sampling needed to determine the best ways to address the widespread ground water contamination in this area of Long Island,” said EPA Regional Administrator Judith Enck. “Residents of Long Island rely on ground water as their source of drinking water. It is imperative that Long Island’s drinking water is protected from toxic contamination. Placing these areas on the federal Superfund list is an essential step to cleaning up this water contamination. EPA needs to take a more comprehensive look at the contamination and any potential health and environmental threats it poses.”
New York State had been examining a number of areas contained in the newly proposed site individually, and determined that the contamination would be better addressed as one large site. Ground water testing by EPA in 2010 confirmed the presence of elevated levels of VOCs in 11 public water supply wells, six in Hicksville, four in Hempstead and one on Westbury. The impacted towns have installed treatment systems to remove VOCs from the contaminated ground water before it goes into the water distribution systems, and to monitor water quality and the treatment systems regularly.
A variety of past industrial and commercial activities in the area may have caused the ground water contamination, although investigations by the New York State Department of Environmental Protection (NYSDEC) have yet to identify the specific sources contaminating the wells. NYSDEC has investigated 17 facilities in the New Cassel industrial area between Frost St. in New Cassel and Swalm Ave. in North Hempstead. NYSDEC and some of the entities in the New Cassel industrial area potentially responsible for the contamination have already installed systems to remove contaminants from the ground water at and near some of the sites. The New Cassel industrial area is just north of the four contaminated wells – the Bowling Green wells – in Hempstead.
With all Superfund sites, EPA does an extensive search to identify and locate the parties potentially responsible for the contamination and make them pay or perform the cleanup work. The majority of Superfund cleanups are performed by or paid for ny polluters, not tax dollars. Superfund money s used for EPA oversight costs and when no responsible party can be identified.
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- EPA, NYC Brace for Grueling Cleanups of 2 Industrial Waterways (nytimes.com)
- Appeals court upholds Utah Superfund listing (seattletimes.nwsource.com)
- The $500 Million Superfund Cleanup (huffingtonpost.com)
Friday, March 25, 2011
Engineering News Record of New York Interviews William Rapetti
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Tower Crane in Venice, Italy |
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- Crane rigger found not guilty in 2008 East Side crane collapse (nydailynews.com)
- Rigging contractor found not guilty in New York crane collapse (cnn.com)
- NYC crane rigger cleared in fatal collapse (cbc.ca)
Thursday, March 24, 2011
Successful PACNY Conference Gets Even Better The Second Day - Part 2
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Roundtable Participants - Mr. Alonge, Mr. Yehl, Mr. Garcia, & Mr. Hart |
Unfortunately, due to the need to check-out of the hotel before 11 AM, we missed Paul Watson's, of ATC Associates, "A Discussion about Mercury." That brought the conference to the main event, Christopher Alonge, PE, of New York State Department of Labor (NYSDOL) discussing "Code Rule 56 Update." As in previous presentations, Mr. Alonge was nice enough to provide his presentation to the attendees at this link: http://www.pacny.org/docs/2011-ICR-56-Changes.pdf. The attached presentation includes changes made by NY Department of State regarding the Fire/Life Safety proposed changes we have seen in Mr. Alonge's previous presentations. Examples include changing the requirement of a code compliance technician to a code compliance officer for notification/variance sign-off, requirements for required exists, emergency lighting, and portable fire extinguishers. NYSDOL will also be creating a code compliance course for code enforcement officials that will be 4-hours of in-service training. Mr. Alonge is anticipating a schedule of June 2011 for publishing and October 2011 for finalizing. Still not sure if there will be a adoption period. The biggest uproar and most questions during the Q&A period was regarding the proposed NYSDOL change that all asbestos has to be removed before any demolition, renovation, or remodel. This change brought about the most questions and concerns from the audience. After Mr Alonge's presentation an industry roundtable Q&A was moderated by Mr. Sean Hart, of AECOM Environment, and consisted of Mr. Alonge; Mr. Joe Cantone, of Colden Corporation; Mr. Peter DeLucia, of AAC Contracting; Mr. Darren Yehl, of LeChase Construction Services; and Angelo Garcia, III, of FED.
I was honored to be selected on the panel again this year. I enjoyed meeting people that I've met year after year and unfortunately only get to meet at this conference. It seems to me the PACNY organization seems to be getting better and better each year, and I look forward to seeing it continue its growth well into the future.
Related articles
- 15th Annual PACNY Environmental Conference (futureenv.blogspot.com)
- Save The Date For PACNY's 15th Annual Environmental Conference (futureenv.blogspot.com)
Wednesday, March 23, 2011
A Record Turnout Makes For A Successful PACNY Conference - Part 1
Linda Reinstein of ADAO, Keynote Speaker |
The conference began with the usual introductions by this year's conference chair person Deb Johnson, of Aramsco, and the current President of PACNY Kevin Canaan, of AAC Contracting Inc. Mr. Canaan then introduced the keynote speaker Ms. Linda Reinstein, the President/CEO/Co-founder of the Asbestos Disease Awareness Organization (ADAO). We first met Ms. Reinstein when she did our radio program "Keeping Your Family Safe from Asbestos". She started her presentation announcing the Senate passage of the seventh annual resolution that establishes “National Asbestos Awareness Week". Her presentation included these facts regarding global occupational exposure to asbestos: greater than 107,000 workers die annually; 1,523,000 years lost due to premature mortality and disability; construction workers are 11 times more likely to contract mesothelioma, and 1.3 million workers exposed to asbestos. These are some sobering numbers regarding asbestos, in addition the fact that mesothelioma treatment can exceed $1 million without a guarantee of success, should be a rememberance of why the asbestos abatement industry is important.
Ron Williams, the Assistant Syracuse Area Director for the Occupational Safety and Health Administration (OSHA), was the next speaker and discussed emerging safety and health issues and current remediation enforcement actions. Regarding emerging issues he discussed falls in residential construction, crowd management, distracted driving, workplace violence, and residential construction (effective 6/16/11). Mr. Williams also discussed 27 fatalities in OSHA Region 2 last year (10/1/09 - 9/30/10); 38% of fatalities were Hispanic/Latino (2nd highest in the country); Syracuse area conducted 527 inspections (33% were in construction) resulting 1,348 serious violations averaging $979 per serious violation. OSHA's new penalty structure went into effect on 10/1/2010 increasing serious violation from $1,100 to $3,000 and repeat violations will now look back 5 years versus 3 years, previously.
Bob Krell of IAQ Technologies discussed "Practical Approaches to An Energy Efficient Indoor Environment" visit http://www.iaq.net/ for a copy of his presentation, Victoria Pretti of New York State Department of Health Environmental Laboratory discussed "An Overview of ELAP, PCM, and PLM Analysis", and Richard Washburn of New York State Commission on Public Integrity discussed "Ethics and the Construction Industry". All three were excellant presenters, though I would give the award to best presenter to Mr. Washburn for keeping a topic that could be very boring and scary, very interesting, entertaining and led to alot of discussions afterwards regarding construction industry practices that probably need to change. Ms. Pretti discussion on the Environmental Laboratory Accreditation Program (ELAP) was informative, visit their website at http://www.wadsworth.org/labcert/elap/asbestos.html regularly to ensure your laboratory is approved to analyze samples. Delisted labs are updated on the website within 24-hours. The 7402 method for analysis of asbestos air samples is approved by ELAP. Other important information is ELAP is currently reworking the asbestos bulk sample methods to require labs to reduce friable asbestos samples if they have matrix interference, this will lead to an increase in costs for lab analysis for certain samples. The reception after the last speaker, Mr. Washburn, was excellent and the pass around food was excellant and Saranac Brewing Company's Pomegranate Wheat Beer was very good and went well with the snacks and the hors d'ourves. Day one ended with the anticipation of the next day with Mr. Chris Alonge and the roundtable discussion.
Related articles
- 15th Annual PACNY Environmental Conference (futureenv.blogspot.com)
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Thursday, March 17, 2011
Long Island OSHA Rep Speaks to the Association of Facilities Engineers
The presentation covered the typical taglines we've come to hear from other OSHA representatives - strong enforcement; partnering for a purpose; emergency preparedness; rule making in requiring an injury illness prevention program (I2P2); and safety and health management systems. Top ten inspection targets for the Long Island area are:
- Fall hazards in construction
- Heavy highway and bridge construction
- Gut rehab and demolition
- Amputations
- Warehousing
- Construction
- Landscaping & Horticultural
- High Hazard 50
- Isocyanate
- Lead
Dinner was included in the meeting and the organization several future meetings and a golf outing planed in the future. For more information on AFE visit their website at: http://www.afechapter4.org/
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- OSHA Log Form 300A Posting Due February 1, 2011. (futureenv.blogspot.com)
- OSHA I2P2 - Lobbying Battle on Tap Over Proposed Changes to Workplace Safety Rules (ehssafetynews.wordpress.com)
- BIG company, but small OSHA penalties for workplace fatalities [The Pump Handle] (scienceblogs.com)
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Wednesday, March 16, 2011
EPA's Local Coordinator for the Lead Paint Rule at Hofstra University
On Friday, April 1, 2011 (that's right on April Fool's day), Jeanette Dadusc, MS, MPA the Environmental Protection Agency's (EPA) Region 2 Coordinator for the Lead Based Paint - Renovation, Repair, and Painting (RRP) rule will be the guest speaker at a free information session at Breslin Hall at Hofstra University. To register or for more information, visit ce.hofstra.edu/EPAinfo or call 516-463-7200.
Wednesday, March 09, 2011
NYC Title 15 Revisions Took Effect February 3, 2011
We recently received an email from Steven A. Camaiore, P.E., the Deputy Director of the New York City Environmental Protection - Environmental Compliance Asbestos Control Program. In the email he advised that Title 15, Chapter 1 RCNY Asbestos Control Program Rules & Regulations were revised and the new Rules took effect February 3, 2011. Find the revised rule at: http://www.nyc.gov/html/dep/html/asbestos/asbestos.shtml.
In addition, he also advised that the New York City Department of Environmental Protection (NYC DEP) will be strictly enforcing the following provisions of Title 15, Chapter 1 RCNY Asbestos Control Program Rules & Regulations effective May 1, 2011:
“§ 1-01 (j) (3) DEP may deny any application for an asbestos abatement permit pursuant to section 1-26 of these rules, or a variance application pursuant to section 1-03 of these rules, where any party to the asbestos project, including but not limited to the abatement contractor, building owner, and air monitoring company, has docketed, unpaid civil penalties imposed by the Environmental Control Board for violations of these rules, sections 24-146.1 and 24-146.3 of the Administrative Code, or NYSDOL ICR 56.”
Companies with outstanding penalties can pay their outstanding penalties in any of the following ways:
• On-line at http://nycserv.nyc.gov/NYCServWeb/NYCSERVMain
• By phone at (212) 504-4041
• By mail:
New York City Department of Finance,
345 Adams, 3rd Floor
Brooklyn, NY 11201
Attention: Timeko Hunte
• In person at any Finance Business Center. For location and hours of operation, visit: http://www.nyc.gov/html/dof/html/contact/contact_visit.shtml.
Related articles
In addition, he also advised that the New York City Department of Environmental Protection (NYC DEP) will be strictly enforcing the following provisions of Title 15, Chapter 1 RCNY Asbestos Control Program Rules & Regulations effective May 1, 2011:
“§ 1-01 (j) (3) DEP may deny any application for an asbestos abatement permit pursuant to section 1-26 of these rules, or a variance application pursuant to section 1-03 of these rules, where any party to the asbestos project, including but not limited to the abatement contractor, building owner, and air monitoring company, has docketed, unpaid civil penalties imposed by the Environmental Control Board for violations of these rules, sections 24-146.1 and 24-146.3 of the Administrative Code, or NYSDOL ICR 56.”
Companies with outstanding penalties can pay their outstanding penalties in any of the following ways:
• On-line at http://nycserv.nyc.gov/NYCServWeb/NYCSERVMain
• By phone at (212) 504-4041
• By mail:
New York City Department of Finance,
345 Adams, 3rd Floor
Brooklyn, NY 11201
Attention: Timeko Hunte
• In person at any Finance Business Center. For location and hours of operation, visit: http://www.nyc.gov/html/dof/html/contact/contact_visit.shtml.
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Tuesday, March 08, 2011
15th Annual PACNY Environmental Conference
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Turning Stone Resort & Casino does a great job of clearing snow when it occurs. |
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- Save The Date For PACNY's 15th Annual Environmental Conference (futureenv.blogspot.com)
Friday, March 04, 2011
Remedial Investigation of Gowanus Canal Identifies Widespread Contamination, Health and Ecological Problems
“The findings of the investigation of the Gowanus Canal confirmed that contamination of the urban waterway is widespread and may threaten people’s health, particularly if they eat fish or crabs from the canal or have repeated contact with the canal water or sediment,” said EPA Regional Administrator Judith Enck. “The next step is the review of options for cleaning up the Gowanus, so we can move ahead with a full-scale cleanup of the canal that will result in a revitalized urban waterway.”Based on the results of the investigation and the human and ecological risk assessment, EPA will commence work on a study that will outline all of the options for addressing contamination in the Gowanus Canal. This study, called a feasibility study, will take place over the coming months. It is anticipated that a draft feasibility report containing an assessment of all options will be completed by the end of this year.
During the investigation, EPA collected and analyzed more than 500 samples of sediment from the Gowanus Canal and more than 80 water samples for the presence of various contaminants. EPA also collected more than 200 fish, including striped bass, eel, white perch and blue crab, to analyze their tissue for contaminants. Air samples were collected at street level and at heights at which people would breathe while boating on the canal.
For more nformation visit EPA's website at: http://www.epa.gov/region02/superfund/npl/gowanus/
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Wednesday, March 02, 2011
Businessman Pleads Guilty To Failing To Conduct An Asbestos Inspection
According to the About Mesothelioma.net report in 2008, Black hired four temporary workers to remove asbestos insulation from steam pipes and cut down the steam pipes as scrap metal as part of a renovation of a four-story building at 100 Blackstone Avenue in Jamestown. The four men were exposed to asbestos during the renovation work, U.S. Attorney William Hochul, Jr., told The Post-Journal.
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- "If you cut corners on asbestos removal to save money, we will pursue and prosecute you." (slog.thestranger.com)
- Asbestos Training Scammer Gets Prison Time in NorCal Plea Agreement (sacregsafetyforum.wordpress.com)
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Tuesday, March 01, 2011
CDC Public Health Matters Blog - Discusses NYC Pandemic Response
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Monday, February 28, 2011
Jeffrey Leonard On The Colbert Report Discusses Small Businesses
The Colbert Report | Mon - Thurs 11:30pm / 10:30c | |||
Jeffrey Leonard | ||||
www.colbertnation.com | ||||
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As we have discussed in classes and anyone who is willing to listen to me knows, the issue of payment by clients and the reduction of lending has caused most small businesses to curtail hiring. Mr. Jeffrey Leonard on the Colbert Report tries to make this point though Mr. Colbert does his usual comedy routine and unfortunately does not get the point that Mr. Leonard is trying to make. If the government wants to help small businesses hire more, then they have to help us increase our cash flow.
Friday, February 25, 2011
Possible Outbreak Of Legionellosis At The Playboy Mansion?
According to the LA Times, it was not clear how soon investigators could determine whether the illness is legionellosis, a milder form of Legionnaires' disease caused by a bacterium that grows in warm water and can take root in hot tubs or parts of air-conditioning systems, according to the CDC.
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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 spe...
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The New York City Department of Environmental Protection (NYC DEP) has introduced proposed amendments to Chapter 1 of Title 15 of the Rules...
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… … … This debate regarding asbestos floor tiles started at the Professional Abatement Contractors of New York's ...
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Image via Wikipedia The National Institute for Occupational Safety and Health (NIOSH) today invited public comment on a draft document titl...