News from PACNY's Environmental Conference

As we previously discussed, I was attending the 12th Annual PACNY Environmental Conference. It was an excellant conference that brought out some new developments in the Abatement Industry. Mr. Christopher Alonge, PE of the New York State Department of Labor, was one of the presenters that most people were anxious to hear from and as usual he did not disappoint the attendees. What has become standard practice at this event Mr. Alonge gave those present some food for thought. First, Mr. Alonge announced a new Petition for an Asbestos Variance Form (SH 752) and the possible release sometime in 2008 of two new variances; "Mechanical fastening of items/components or systems - penetrating through non-friable ACM - Not considered an Asbestos Project" and "Small & Minor Size Asbestos Disturbance Cleanup Projects - to be used for cleanup of all types asbestos disturbances". This new Variance form should be on the DOL website this month (the form is currently on our discussion board website at (http://groups.google.com/group/fed-forum/web/new-petition-for-an-asbestos-variance-form-sh-752). Mr. Alonge also announced a new guidance document (v2.0) that should be on the website in the next few months that will have 120 new questions/answers added. Mr. Alonge is also in the process of working on a new ICR56 that will incorporate some Fire & Life Safety Issues (because of lessons learned at the Deutsche Bank Building tragedy) some examples include the use of fire retardant sheathing, negative air disconnect switch, and maintaining existing fire protection systems.

Another interesting presenter was Thomas V. Roberts, RA from NYS Education Department. Mr. Roberts informed us that NYSED developed "Protocols for Addressing Polychlorinated Biphenyls (PCBs) in Caulking Materials in School Buildings" in June 2007 (http://www.emsc.nysed.gov/facplan/HealthSafety/PCBinCaulkProtocol-070615.html). This protocol is recommending that any school buildings constructed or renovated between 1950 and 1977 and undergoing current renovation or demolition, be evaluated prior to the renovation work to determine whether they contain caulk that is contaminated with PCBs. NYSED would require a PCB abatement plan be submitted with the renovation or demolition drawings addressing the potential environmental and public health concerns in abateing the caulk. If plans are submitted without the PCB evaluation, the plans will be rejected.

Maureen Cox, NYS DOL Director of Safety & Health, presented that DOL has seen a 12% increase in penalties collection this past year and would like to see Senate Bill 372 known as Successor Legislation, pass. The point of this legislation would be to prevent the owners of an asbestos abatement company from closing their business to avoid fines and then open under a new company to continue to do abatement work. The legislation would also increase the penalties and fines issued under the Industrial Code Rule 56.

PACNY introduced the PACNY Asbestos Proficiency Initiative, the purpose of this initiative is to create a certification that will be administered by PACNY that will establish another level of certification specifically for Project Monitors, Supervisors, and Project Designers. To be able to take the computer based certification exam, which will be offered through Slyvan Learning Centers, the individual must show three years of DOH 2832s. The exam will be given in two parts, part 1 will be a 50 question closed book exam and part 2 will be an open book scenario-based questions. PACNY Proficiency Certification (PPC) will require the accumulation of 20 hours of certification maintenance each year and the taking of a refresher exam also at the Slyvan center.

The conference as always was very interesting and exhibit had the usual suppliers Grayling Industry showing off the New Larger Pop-up Decon meeting NYS DOL requirements, and Cole Stanton from Fiberlock Technologies who discussed the revision to the use of chemical tools to the S520 standard from IICRC. IICRC stands for the The Institute of Inspection, Cleaning, and Restoration Certification which publishes the S520 Standard and Reference Guide for Professional Mold Remediation. The new standard which should be out before the end of 2008, basically says that unique circumstances may arise allowing the consideration of antimicrobial coatings, or biocides.

The event is usually held at Turning Stone Casino and it appears that next year's event will be around the same time, we hope to see you there next year.

PACNY - 12th Annual Environmental Conference

One of the more interesting conferences I have attended is the annual Environmental Conference held by the Professional Abatement Contractors of New York (PACNY - http://www.pacny.org/). This year is PACNY's 12th Annual Environmental Conference and as usual the line-up of speakers is impressive. The conference is held at the Turning Stone Resort & Casino in Verona, New York on February 28 & 29, 2008. Featured presenters include Chris Alonge, PE of NYS Department of Labor (writer of the current Industrial Code Rule 56 (the asbestos regulations), Maureen Cox also of NYS Department of Labor (her division enforces the asbestos regulations), David Heckman from OSHA, discussing OSHA Cooperative programs, and Carl Thurnau, PE of NYS Education Department, discussing PCBs and the NYSED. In addition, to presenters the conference also features an exhibitor's area where you can meet the suppliers and manufacturers of abatement and safety equipment. Turning Stone Resort and Casino (http://www.turningstone.com/) is an interesting place to have the conference. A little out of the way for us downstaters but worth the drive (almost 5 hours from Syosset, New York) or you can fly into Syracuse and then drive to Verona (approximately 40 minutes). Turning Stone Resort (the Oneida Indian Nation runs this resort and casino) has several excellant dining areas, has several golf courses, has your typical gaming areas, and entertainment (Country singer Toby Keith is playing there on March 1). But the real reason to go is the Environmental Conference, which is probably the best conference that addresses New York State environmental and safety issues. The presenters are industry professionals or regulators that are deeply involved in the New York State abatement industry. I hope to see you there.

NYS Labor Law 220-H

New York State passed Labor Law 220-H this past summer. This law will go into effect on July 18, 2008 and require all laborers, workers, and mechanics on a public work site show certification that they took a minimum of a 10-hour OSHA (Occupational Safety and Health Administration) Construction Safety Course. OSHA issues the certification cards after successfully completing the course. Future Environment Designs offers the OSHA 10-hour Construction Safety Course in Syosset or at your convenience and then applies to OSHA for the certification cards. The 10-hour course is actually a two-day course, because 10 hours is the total contact time for the course. That means breaks are not included in the 10 hours. Once you add appropriate breaks (lunch, coffee, etc.) into the time that brings the class to approximately 12 hours which is two days of training 6 hours each day.
The regulation applies to all contracts for state or municipality work totaling $250,000 or more for construction, reconstruction, repair or maintenance. It covers all workers on the job, employed either by the contractor, sub-contractor or other person(s) doing or contracting to do the whole or a part of the work contemplated by the contract. The training must be completed before the workers arrive at the job site. The regulation will be enforced by the New York State Department of Labor.
Future Environment Designs will add this class to our schedule to meet the anticipated demand for the class.

Handling Nonfriable Asbestos Waste in New York State

We recently had a question regarding how to handle nonfriable asbestos wastes (roofing materials, vinyl floor tiles, asbestos cement pipe) in New York State. The first regulations we need to review is the Environmental Protection Agency's (EPA) regulations, in particular the National Emissions Standards for Hazardous Air Pollutants (NESHAPs). NESHAPs is the regulation that regulates asbestos waste disposal on the federal level. NESHAPs would separate asbestos waste into three categories, the first category would be regulated asbestos containing materials (RACM); all friable asbestos containing materials are RACM. The second and third categories would be nonfriable organically bound materials (e.g. roofing materials and vinyl floor tiles) are Category 1 nonfriable asbestos waste and other nonfriable asbestos waste (e.g. cement pipe and transite) would be Category 2 nonfriable asbestos waste. Assuming these last two categories do not become friable during the removal, EPA NESHAPS would not regulate the disposal of these materials. Leaving the responsibility to New York State Department of Environmental Conservation (NYSDEC) to regulate these materials. On January 25, 1985, NYSDEC issued a policy memorandum (for a copy of the NYSDEC memo follow the link on the title to our discussion group) regarding asbestos waste. This memo states that regulated asbestos waste includes friable asbestos material waste (Regulated Asbestos Containing Materials (RACM) under EPA NESHAPS) and control device asbestos waste. Control device asbestos waste is defined as any asbestos containing waste material that is collected in a pollution control device. Other asbestos containing waste shall be treated as construction and demolition debris.

This leaves us to decide what a pollution control device is? My view is that a pollution control device would be an asbestos labeled waste bags (as seen in the photo above) or drums. As long as you do not place nonfriable category 1 or 2 asbestos containing waste (assuming that during the removal you did not make the materials friable) into an asbestos labeled bag or drum, the waste can be disposed of as construction and demolition debris in New York State. If you have a differing opinion, please comment below or send me an email and we will post it here and in our discussion group.

IAQA NYC Metro Chapter Meeting

As an Advisory Board Member of the New York Metro Chapter of the Indoor Air Quality Association, I would like to invite you to a workshop on Wednesday, December 5, 2007. The workshop is titled:

“LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN”

The goal of the workshop is to familiarize the attendees with the US Green Building Council and how to attain the various LEED Professional Accreditations. The workshop will be held at the Soldiers, Sailors, Marines, & Airmen’s Club at 283 Lexington Avenue (between 36th and 37th streets) in New York City from 8AM to 12 Noon. A continental breakfast will be served and there will be plenty of time for networking and talking with speakers. The cost for IAQA members is $40.00 and $60.00 for non-members. Attendees will be awarded 4 RC’s from the AIAQC.

Future Environment Designs visits Harpoon Brewery

We visited Harpoon Brewery's Windsor Vermont Facility and observed the brew making process at this $5 million dollar facility (built in 1998). This facility was upgraded in the winter of 2005 to increase it's capacity to 55,000 barrels. This facility also features a Brewery Store and the Harpoon Beer Garden, a lunchtime restaurant. Harpoon Brewery was founded in 1986 (Boston, MA) and makes several beers that we were able to taste during our visit. We tasted Harpoon's IPA, UFO Hefeweizen, Brown Session Ale, Harpoon Munich Dark, and 100 Barrel Series Glacier Harvest (which was sold out and only available at the facility). Harpoon is a very good brewer and all the beers we tasted were excellant. I prefered the Brown Session Ale, and the Glacier Harvest. But the one I chose to have with my lunch (The Vermonter - a hot grilled panini sandwich with smoked turkey breast & smoked bacon, Granny Smith Apple, red onion, cabot sharp cheddar & spicy mustard on Homemade Hearty Tuscan White Bread) was the Munich Dark. The Munich Dark is a Munchen Dunkel style which had a rich malt and chocolate taste though slightly bitter. Harpoon has several festivals which would make excellant times to visit either the Windsor Facility or the Boston Facility. We enjoyed our visit, and had a great lunch and a beer.

Con Edison Steam Explosion exposes Respirator Errors

Even after 9/11, we still have not learned the proper use for respirators. Police officers at the site are wearing the appropriate respirator but are they wearing it incorrectly? From the photo above what is wrong with the picture? The workers have their masks on but I bet they didn't perform a user seal check to make sure it was on correctly and working properly. As you can see from the photo the bottom straps have not been attached. The straps not being connected allows the bottom of the respirator to remain open. Since air will take the path of least resistance, it means everytime these officers breathe, the contaminants that they are to be protected from will enter the respirator from the bottom without filtering. The fact that several officers were seen wearing their respirators in this manner indicates that officers need further training on properly wearing a respirator.

The second photo shows people traveling through the area of the steam explosion. It was also noted in the Newday article "Little Risk From Asbestos" (Friday, July 20, 2007) that the Red Cross reported distributing 1,200 dust masks to city workers and commuters since Wednesday night. The problem here is that dust masks do not filter for asbestos. Another problem is that dust masks unless properly fit tested and adjusted to the face, will not ensure all the air passes through the mask instead of going around the mask. The best these masks are doing is providing the individual with a false sense of security that if there is any exposure that they are protected.

My final concern is the manner of the clean-up. I already saw several photos/videos of workers using dry sweeping clean-up the debris. This work procedure unless used together with amended water (dust suppression agent) will cause any asbestos dust in the debris to become airborne, again. Exposing workers and the public to asbestos, hence it is important to continue to monitor the clean-up of the explosion area. This will ensure that work procedures that cause the asbestos dust to become airborne are prevented.