Spring 2010 Future Focus Posted

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Future Environment Designs has posted its Spring 2010 newsletter finalizing our coverage of the revisions to the New York City asbestos regulation Title 15.  This issue we discuss the changes to the work procedures/practices.

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PCBs are Everywhere?

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It feels like lately, everywhere I turn I find a new article or seminar discussing polychlorinated biphenyl (PCB) issues.  In the Metropolitan New York Chapter of American Industrial Hygiene Association's newsletter I learned that the Environmental Protection Agency (EPA) is currently holding a series of public meetings for the purpose of “Advance Notice of Proposed Rulemaking on the EPA potential reassessment of PCB use authorizations” (follow link from the title of this article for more information).  Even on this blog I have written several posts on PCBs (see my most recent post on 4/6/10).  Back in April, I attended the joint meeting of the New York Metro Chapter of the AIHA and the Long Island chapter of the American Society of Safety Engineers (see post on 4/20/10). Mr. Kristen Panella of New York Institute of Technology gave a very good presentation on dealing with the Environmental Protection Agency (EPA) regarding transformers containing PCBs. The main points of the presentation were:

• EPA does not allow “placard” transformers (meaning the transformer has pyranol on the label or placard) to be registered after 1998.  EPA’s reason for this is that General Electric’s pyranol transformers contain 50% PCBs be weight.
• These placard transformers are required to be removed. The penalty is $24,000 for not removing them.
• The removal process is a costly and very delicate process because any spill of the PCB oil makes the project a remediation (spill clean-up) having different requirements.

Then in the April 2010 issue of Indoor Environment Connections, Ronald Smith and Vincent Daliessio of EMSL wrote an article on “PCB in Caulk: A New/Old Indoor Contaminant” (http://www.ieconnections.com/pdfs/newsletter/2010/IEC-04-2010.pdf on page 18).  The main points from this article were:

• PCB-tainted caulk with concentrations of 50 parts per million (ppm) or more can cause owners of buildings (including schools, etc.) to face EPA fines of $3,000 and $25,000 per day until the material is removed.
• EPA regulations do not require schools to test for PCBs but EPA is encouraging schools to conduct air testing where PCB use is suspected.  This recommendation is inconsistent with other indoor air quality programs (i.e., asbestos or lead) that would first require identifying or testing to confirm the presence of the material prior to an air sampling regimen.  I suspect the reasoning for this is; unlike with asbestos or lead, if the school finds PCBs in the caulk above 50 ppm they are required to remove it, as per the above point.
• There are a number of exposure guidelines and standards for chlorodiphenyl (54% chlorine in PCBs) in air:
• ACGIH – TLV is 500 ug/m3
• OSHA – PEL is 500 ug/m3
• NIOSH – REL is 1 ug/m3
• NYC Department of Health and Mental Hygiene – Action Level is 0.5 ug/m3
• EPA – Risk-Based Concentrations (RBCs) is 0.0043 ug/m3
• Testing of caulk for PCBs is a unique method and should be discussed with your laboratory.  PCB air testing uses two methods, recognized by the EPA, TO-4A (high volume air) and TO-10A(low volume air).  EPA does not recognize NIOSH method 5503.

In addition, two recent EPA Region 2 news releases were also regarding PCBs.  On this blog, we have been following the dredging operations on the Hudson River.  EPA’s news release on April 26, 2010 announced that EPA agreed to pay the additional costs incurred by the towns of Halfmoon and Waterford to draw water from the Troy system until November 2012 because both towns used the Hudson River as their source of drinking water.  Some of the samples taken at the Thompson Island monitoring station were reported to have exceeded EPA’s drinking water standard of 500 parts per trillion (ppt) for PCBs, during dredging operations and off-season high river flows.  The second EPA region 2 news release was on April 30, 2010 and it too, discussed PCBs. PCBs are one of the contaminants they are investigating in the Gowanus Canal Superfund Site in New York City.

Even though Congress and EPA banned and phased out in 1979 all PCBs, we are still working on preventing further damage and cleaning up the old damage done to the environment are these future employment opportunities?

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New Lead Paint Regulation Goes Into Effect - Happy Earth Day!

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Today is the 40th Birthday of Earth Day.  To celebrate the occasion, the Environmental Protection Agency's (EPA) Lead Based Paint (finalized in April 2008) regulation goes into effect today.  The regulation we are talking about is the Renovation, Repair and Painting (RRP) rule.  The purpose of this rule is prevent lead poisoning of children.  Starting today anyone who is paid to perform work that disturbs paint in housing and child-occupied facilities built before 1978, including all general contractors, maintenance staff, and special trade contractors (such as painters, plumbers, carpenters, and electricians), are required to be trained on lead-safe work practices (become certified renovators), requires the firms to be EPA-certified, and requires the use of lead-safe work practices.  In addition, the regulation requires the firms to keep records for three years of reports certifying that lead-based paint is not present, records relating to the distribution of the lead pamphlet, signed and dated opt-out clauses, and documentation of compliance with RRP.  These regulations do not apply if the firm obtained a signed statement from the owner (known as the opt-out provision) or the work is considered a minor repair and maintenance activitiy that disturb six square feet or less of paint per room inside, or 20 square feet or less on the exterior of a home or building.  The rule require firms performing renovations must ensure that:

• All individuals performing activities that disturb painted surfaces are either certified renovators or have been trained by a certified renovator.
• A certified renovator is assigned to each renovation and performs all of the certified renovator responsibilities.
• All renovations use lead safe work practices.
• Pre-renovation education requirements are performed, such as distribution of the Renovate Right pamphlet.
• Recordkeeping requirements are met.

Violators of this regulation can face penalties of up to $32,500 per violation, per day.  Needless to say if you have not taken this training and applied for EPA certification you cannot perform renovation work on housing or child-occupied facilities until you get your certification.  EPA has up to 90 days after receiving a complete request for certification to approve or disapprove the application.  EPA has said "it does not intend to take enforcement actions against firms who applied for firm certification before April 22 and are just waiting for their paperwork."  EPA also said "they anticipate that all applications filed before April 22 will be reviewed by June."  Based on EPA's website they estimate there are 129,000 to 150,000 trained certified renovators by today.  It would seem those certified renovators are going to be very busy. 

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Long Island ASSE/Metro NY AIHA Joint Meeting to Discuss PCBs

Wednesday April 21, 2010 at 5 PM, Mr. Kristen Panella, CSP of New York Institute of Technology will be discussing "Recent Compliance Issues with PCBs - Lessons Learned."  The meeting is a joint dinner with the Long Island American Society of Safety Engineers and the Metro Chapter of the American Industrial Hygiene Association.  It is being held at the Hicksville-On The Border, 1401 Broadway Mall, Hicksville, NY 11801.
Mr. Panella is the Dir. of the Dep. of Environmental Health and Safety at New York Institute of Technology (NYIT). Kristen has over 11 years of professional experience in the environmental health and safety field. With a background in geology and environmental management he has worked on numerous EPA Superfund sites as well as emergency hazardous material spill cleanup sites. Kristen joined NYIT as the Dir. of EH&S over 4 years ago and is accountable for all environmental health and safety issues that face their three campuses. His primary focus is on asbestos, lead and mold projects, hazardous waste disposal, medical waste disposal, the proper operation of the onsite wastewater treatment plant and OSHA related issues. Kristen is also utilizing his real world expertise to conduct classes in the Environmental Technology Masters and Continuing Education Programs. He is an active member of AIHA, ASSE, CSHEMA, SEHSA and NYIT’s Radiation Safety Committee, Animal Care Committee, Biosafety Committee and Sustainable Global Community. Join us for dinner and a great presentation. Registration and Networking will begin at 5 PM. Dinner @ 6 PM

EPA Submits Final Report on First Phase of Hudson River Dredging

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On March 8, 2010, the Environmental Protection Agency (EPA) released a detailed technical assessment of the first phase of the dredging operations on the polychlorinated biphenyl (PCB)-contaminated sediment in the upper Hudson River.  This assessment, along with General Electric's assessment, are being submitted to the panel of independent scientific experts for review.  In addition, to the report being submitted to the scientific panel, EPA is also soliciting comments from the public that will also be submitted to the panel.  The first phase of this project is being used as a test run for the far larger phase 2 of this project, which EPA hopes to start in 2011.  The technical report is 185 pages and covers a number of operations and discusses problems and recommended changes to reduce PCB air emissions and water resuspensions.  Needless to say EPA feels that the operation can be done successfully with a few changes and GE has some major issues with the process because of the PCB resusensions.  It will be interesting to see what the panel has to say.

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Syosset School Closure Creates Discussion

Last week, most people on Long Island heard about Syosset School District closing school because asbestos planks (?) were discovered in the dumpster.  This occurred after a routine mainteance operation in the boiler room.  We have had an excellant discussion at the New York State Asbestos Group at Linked In (join the discussion at http://www.linkedin.com/groups?home=&gid=2432277&trk=anet_ug_hm).  We have discussed several issues with the articles discussing what happened.  First many of us are trying to figure out what is an asbestos plank?  We have some speculations but we still have not figured it out.  Why didn't anyone know that the asbestos (planks?) were in the boiler room.  Schools are required under the Environmental Protection Agency's (EPA) Asbestos Hazard Emergency Response Act (AHERA) regulations to perform triennial inspections of their facilities for asbestos containing building materials (ACBM) and every 6 months a periodic surveillance of the ACBM is required to ensure it is not disturbed.  Obviously, something went wrong.  In addition, some of the articles talk about medical testing of the workers to determine if they were exposed.  Well in our discussion we know of no such test.  The tests can be used as a baseline.  However, asbestos diseases can take at least 10 years to develop.  It is possible that an intense exposure could cause pleural plaques sooner, possibly as soon as a year, but this does not mean a disease will develop.  We thank Mr. Jack Springston, Mr. Donald Weekes, and Mr. Jim Morey for their comments on Linked In for helping flesh out this posting.

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2010 PACNY Environmental Conference

On February 25-26, 2010, the Professional Abatement Contractors of New York (PACNY) held their 14th annual Environmental Conference at the Turning Stone Casino and Resort in Verona, New York. This year it was not only an honor for me to attend the meeting but to also participate as part of the industry roundtable on the last day of the event. If you attended the conference this year you would have found that PACNY was able to get representatives from the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), United States Department of Justice, and as usual Mr. Chris Alonge, of the New York State Department of Labor (NYSDOL).
This year probably the biggest impact of the conference was the weather not cooperating with the conference, as the area was hit by a snowstorm during the conference and Long Island was hit with a snowstorm on Friday, the last day of the conference. This hurt the attendance at the conference including one of the speakers presenting and causing several vendors to be missing in action. It was a shame because those of us who attended had a great time and were provided with a lot of information. Vendors attending included: Grayling Industries; DiVal Safety; Aramsco; Fiberlock Technologies; Foster Specialty Construction Brands, and United Rentals to name a few. Dival Safety's booth was showcasing "Green Stuff Absorbent" an environmentally friendly product used to absorb chemical spills. The product can absorb over 325 liquids and chemicals allowing for a broaden HazMat response (visit http://www.divalsafety.com/ for more information).
All the presentations were held in the Tuscarora Room. My favorite presentation was by Mr. Kevin Cannan, President of AAC Contracting Inc, also a former President of PACNY. Mr. Cannan's presentation was a discussion of the industry and a look back and a look forward. I enjoyed it so much I forgot to take notes. Well done Mr. Cannan!
The other presentations included:

• The return of Mr. Craig A. Benedict, Assistant U. S. Attorney, and Mr. Justus J. Derx, Special Agent of the EPA, both discussing recent cases and their current focus in the industry. Both mentioned that their success has led to increased responsibility into new Districts. The major points of their presentation were:
• They view their work in the abatement industry as fighting a spiral down effect. Preventing the degradation of the quality of work in the abatement industry due to contractors/consultants not following the regulations.
• They have now done over 100 individual prosecutions and have not lost one.
• They are now focusing on air sample technicians and project monitors as aiders and abettors of violations of the Clean Air Act rule and making them culpable under standard.
• They are also focusing on the culpability of owners/general contractors on ensuring the legitimacy of the asbestos contractor/consultant.
• Other issues in the industry they discussed include:
• insurance fraud and the use of foreign workforces that are not on your payroll.
• contractors using foreign workforces not on their payroll.
• reminded asbestos companies should have policies on workers moonlighting and using their equipment and inventory.
• Ms. Kimberly Castillon, Assistant Area Director of OSHA, updated the attendees on current remediation industry enforcement actions, she discussed:
• Enforcement has become OSHA's number one priority.
• OSHA expects to perform 750-800 more inspections per year utilizing 130 new compliance safety and health officers. that have been hired nationwide.
• New/revised regulations that are in the pike include Hazard Communication, Silica, Cranes and Derricks, confined space entry for construction and combustible dust.
• The OSHA Region 2 statistics include 5,600 inspections in 2009. 26% of those inspections were in compliance. 13,000 violations were issued averaging 3 violations/inspection. 81% of violations issued were serious violations. The average penalty per serious violation was $1,024.
• Typical remediation industry violations - respiratory protection, recordkeeping, hazardous waste and emergency response, and asbestos.
• Mr. Andrew McClellan, President, Environmental Education Associates, spoke on the impending EPA Lead Renovation, Repair, and Painting Regulation going into effect on April 22, 2010. The major points included:
• Lead abatement is not covered by this rule.
• The rule includes kindergartens and childcare centers.
• If the amount of material impacted is under six (6) square feet interior or twenty (20) square feet exterior, it is considered a minor repair or maintenance and is not covered by the rule.
• Each project requires records be created and filed that must be maintained for three (3) years (recordkeeping requirement).
• Mr. Sean Hickey, Senior Vice President, Rose & Kiernan discussed the Insurance Market. His major points were:
• The insurance market is currently a buyers market.
• Commercial rate changes are averaging -5% with general liability dropping 6% and workmen's compensation dropping 3.7%.
• There is more competition in the Environmental insurance industry. In 2009 there were 15 carriers, now there are 30.
• Mr. Chris Alonge's presentation was exactly the same as the one presented to Metro-AIHA meeting in November (see our entry at http://futureenv.blogspot.com/2009_11_01_archive.html for the specifics). Mr. Alonge presented a revised schedule for the proposed new Industrial Code Rule 56. Submission to GORR by April 2010. Publish proposed revisions in May 2010 in NYS register. Finalized revisions take effect August 2010. Though I suspect that may be overly ambitious. We will see.

All in all the conference was very informative and well worth the trip. Turning Stone Casino was an excellent venue for the event, even though the weather did not cooperate this year. We attended the Pro Boxing Fight Night, the main event being a Super Middleweight fight between Brian Vera versus Isaac Rodrigues. It was my first live boxing match and the main event was a slugfest. The overall experience was outstanding and enjoyable. It was a pleasure to get together with old friends, and make some new ones. Thank you to the PACNY organization for honoring me by including me on the industry roundtable at the end. PACNY did a great job on the conference as usual, they deserve much credit and accolades for their hard work. We look forward to next year’s conference and hope to see you there next year.

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