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.
The theme for this year's annual fishing derby was definitely quantity. On July 12, 2017 we attended the Professional Abatement Contractors of New York's (PACNY's) 4th Annual Pro-AmFishing Tournament (Derby). This year, Future Environment Designs had its own boat called "Catchin Hell" piloted by Captain Tom and First Mate Mike. There were 10 boats that went out of Point Breeze at Oak Orchard Creek to fish Lake Ontario. A big THANK YOU to PACNY and Darrin Yehl for again sponsoring this Tournament (Derby), giving us more opportunities to get together and network. Here was this year's lineup of PACNY members and the boats they were on:
Paradigm Environmental on the Free Spirit
NRC on the Intimidator
Sessler on the Rusty Lure
Catch'N'Hell T-shirt on First Mate Mike
As usual, the day started out beautifully with a nice sunrise over Lake Ontario. We started loading the boats around 5:50 in the morning. PACNY's Darren Yehl organized the event and did a fantastic job. Everybody was ready for the shotgun start at or about 6:30. We stay out on the lake till around noon. Then come to shore for the weigh-in, a catered buffet lunch at the Black North Inn (which is always fantastic), and awarding of the trophies/prizes. As many of you know, we are a beer enthusiast and the Scotch Ale, by Rohrbach Brewing Company, available at the Black North Inn is fantastic. Definitely one of the pleasures of the catered buffet lunch (see our reviews of this beer on Untappd). This year's winners were:
Dival for the Box & Big Fish
We had a great time and was entertained by social media's busting on us for the size of our catch compared with our wife's catch. But all in all, we caught 8 King Salmon and 2 Rainbow Trout which was the most fish we've caught over the 4 years. Though we were in last place for the box (3 largest fish) and the biggest fish, we came home with a lot of fish for curing and eating, so it was a successful and fun trip, again! It was great having our own boat and we plan on hosting our own boat next year. If you think you would be interested send us an email so we can start making plans. The Tournament (derby) is always on a Wednesday and usually the second or third one in July. We're already looking forward to next year's fishing!
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This debate regarding asbestos floor tiles started at the Professional Abatement Contractors of New York's (PACNY's) 2017 Environmental Conference. At the conference, after our presentation, a member of the audience challenged our statement that asbestos floor tile removal should be cleared by the Asbestos Hazard Emergency Response Act (AHERA) Transmission Electron Microscope (TEM) method (see the video of our presentation here, the challenge is at the end of the video). In the video Mr. Chris Alonge, of Dormitory Authority of the State of New York (DASNY) defends our call for TEM clearance for asbestos floor tiles and we had some additional people approach us after the presentation supporting our side of the debate. As some of you know, we decided it would be neat to see if their are others who feel the same way. We decided to use Survey Monkey to ask three simple questions regarding this issue. These questions were:
When doing asbestos flooring removal, which method was used the National Institute of Occupational Safety and Health (NIOSH) 7400 Phase Contrast Microscope (PCM) method or AHERA TEM method for clearance? The answers we got was 47.1% used the NIOSH 7400 method; while 29.4% used both methods; and 23.5% only used the TEM method.
When using the AHERA method for clearance, what was the typical size of the fibers found? The answers we got were 58.8% less than 5 micron; 29.4% both sizes were equal amounts; and 11.8% greater than 5 micron.
Have you ever encountered during asbestos flooring removal when utilizing both the NIOSH 7400 (PCM) & the AHERA (TEM) methods of analyses, that the NIOSH 7400 passed while the AHERA method failed? The answers we got were 52.6% yes, 36.8% no, and 10.5 never used both.
Improperly Removed Floor Tiles
We would like to thank all of you who participated in our survey. The results are interesting, the first question is not surprising since the NIOSH 7400 method is the cheapest method and both New York State (NYS) and New York City (NYC) require this method as the minimum method. The second question is also not surprising since this is the reason for our call for clearance for floor tile jobs to be by the AHERA TEM method. The final question proves the point we've been making. If even one project can actually fail by AHERA TEM but pass using the NIOSH 7400, this should be a concern for any person who is concerned for the safety and health of the occupants who would occupy the space after clearance.
Another Improper Floor Tile Removal
As we mentioned in our presentation, we didn't come up with this idea out of the blue. In 2003, Applied Occupational and Environmental Hygiene published a study called "Asbestos Release During Removal of Resilient Floor Covering Materials by Recommended Work Practices of the Resilient Floor Covering Institute" by Marion Glenn Williams, Jr. and Robert N. Crossman, Jr. from the University of Texas Health Center at Tyler, Tyler Texas. You can find the study in our Future Environment Designs website under our Resource Page in the dropbox folder.
Some of the major points from this study were:
Asbestos used in flooring materials is Grade 7 - Shorts and Floats. The dimensions of this material are very small and may not be resolvable by the Polarized Light Microscope (PLM). Which is why in NYS we require floor tiles to be analyzed as a nonfriable organically bound (NOB) material (analysis by PLM and if negative result for asbestos then analysis by TEM).
Since the dimensions of these fibers used in the manufacture of floor tiles are so small, it would explain why we typically see very low personal exposure levels by phase contrast microscope (PCM) during floor tile removals. Many ultrafine fibers are not counted due to resolution (0.2-0.25 um) and the count protocol, which provides that only fibers longer than 5 micron with a 3:1 or greater length-to-width ratio are counted.
Many research studies have found the preponderance of fibers at autopsy left in lung tissue, pleural plaques, and lymph nodes of persons who have occupational exposure to asbestos are shorter them 5 micron in length.
The NIOSH 7402 TEM method is flawed because it underreports the amount of asbestos in the samples because it ignores all fibers less than or equal to 5 micron and all those fibers longer than 5 micron but less than 0.25 micron in diameter.
AHERA TEM method counts for total asbestos structures per cubic centimeter averaged 22 times greater than the PCM fiber counts on the same filters.
AHERA TEM asbestos concentrations obtained during mastic removal with a commercial mastic remover averaged 11 times higher than those measured when removal used amended water.
The study also found that there was considerable amounts of asbestos dust settled on exposed surfaces during tile removal. Indicating a need to thoroughly HEPA vacuum and wet clean surfaces or dust may remain that could be re-entrained by occupant activity.
The study also indicates that workers in these areas, would not have to wear respirators, so anyone in these areas would have inhaled asbestos fibers or structures of respirable dimensions.
The study suggests that for Resilient Flooring Removal clearance sampling should use aggressive methods, require a clearance level of less than 0.005 structures per cubic centimeter for each sample, and all samples analyzed by AHERA TEM protocol. It also suggests a minimum number of samples for clearance should be one sample per 500 square feet, a volume of air of at least 1250 liters, and the use of 0.45 micron mixed cellulose ester filters in a 25 millimeter diameter conducting cassette with a 50 millimeter extension cowl.
As we said, we did not arrive at our decision lightly. After reading this study it became apparent to us that asbestos containing flooring or mastic removal should be cleared using the AHERA TEM method to ensure the work area is actually free of asbestos fibers (we already do this in schools under AHERA for large asbestos projects, some schools require all asbestos projects ave to be cleared by AHERA TEM). In addition, any negative exposure assessment for floor tile removal that does not include AHERA TEM analysis of some of the samples should not be accepted as definitive to allow workers to not use respirators during asbestos flooring removal. As the study showed their could be significant exposure to workers from these respirable fibers/structures that the NIOSH 7400 method is not picking up.
We hope this information explains our position, and we look forward to a continuation of this debate. We intend to press the case for a requirement for AHERA TEM clearance for flooring removal, especially if New York State truly intends to move forward with an update of Industrial Code Rule 56.
Future Environment Designs is happy to announce that New York State Department of Labor has approved our Mold Refresher training course. This course which will allow Mold Abatement Workers, Mold Abatement Supervisors, Mold Remediation Contractors, and Mold Assessment Contractors & Individuals to renew their license with New York State and continue offering mold services. The course is an four hour course with a 15 minute break. Individuals enrolled in the course will be expected to enhance the learning experience by sharing information regarding their experience in the past two years.
Mold Post-Assessment Clearance
We will be adding dates to our schedule at Future Environment Design's website now that we are approved to offer these courses. As usual you can contact us to set up the Mold Refresher classes under our training "At Your Convenience" service. Look forward to seeing you in class.
Day Three of the Professional Abatement Contractors of New York's (PACNY's) 21st Annual Environmental Conference started with Mr. Angelo Garcia, III's, of Future Environment Designs, Inc, presentation "Changes Are A Coming." Our presentation can be found in our dropbox folder under conference presentations. We discussed the many changes that will affect the abatement/restoration industry including the Environmental Protection Agency (EPA) (the new Director and Toxic Substance Control Act (TSCA)); Occupational Safety and Health Administration (OSHA) (the new Director, Silica, Beryllium, Safety & Health Programs, Recordkeeping & Reporting Requirements; & the increase in penalties); New York State Department of Labor (NYSDOL) proposed asbestos regulation changes to Industrial Code Rule 56; and changes coming from NYSDOL on the mold regulation (Article 32). Our presentation, was videotaped and is attached below.
The DiVal Safety Equipment Hospitality Suite caused a few late comers on Day Three
The next presenter was Mr. Jack Springston, of TRC Environmental, discussing "Mold Clearance Testing - The Good, The Bad and The Ugly." Mr. Springston's presentation discussed all the different sampling methods for mold from spore traps (has a capture zone that collects air about the size of a golf ball), particle counters (not specific), Environmental Relative Moldiness Index (ERMI) (still under research) and culture plates (tried and true method). In addition, he discussed the variability of data from certified laboratories and the interpretation of the that data.
Mr. Jack Springston, of TRC Environmental
After Mr. Springston's presentation, we took one last break in the Exhibit Hall to network with exhibitors Admar Construction Equipment & Supplies and Paradigm Environmental Services. Our staff, Ms. Kimberly Granmoe, Ms. Sheryl Esposito, and I would like to thank all of you who visited our booth this year.
The NYSDOL Round Table as usual is the highlight of the PACNY Environmental Conference. Having NYSDOL regulators at the conference allows for questions and answers that can be timely and very useful. The panel consisted of Dr. Eileen Franko, Director-Division of Safety and Health, Mr. Ed Smith, P.E., Engineering Services Unit, Mr. Kirk Fisher, Licensing & Certification Unit, and Mr. James Meachum, P.E., Asbestos Control Bureau.
Dr. Franko, Mr. Smith, Mr. Fisher, & Mr. Meachum on the Dais, Left to Right
This year's presentation they came armed with alot of information that was very useful. They presented an update on the mold regulation from 2016 including the number of complaints (40), the number that was related to issues NYSDOL could address (16), while the remainder was outside of their jurisdiction (24). The number of mold training courses held in 2016 were 31 assessor (1348 attendees), 26 remediation (1,668 attendees), & 32 worker courses (2,284 attendees). There are 553 mold assessor companies (451 individuals); 526 mold remediation companies (526 individuals); 910 mold supervisors; and 1,941 mold workers. Compare that with the 21,237 asbestos handling certificates, and 1,539 asbestos handler licenses (companies). In 2016, NYSDOL conducted 2,457 asbestos inspections, and resolved 494 cases with 1,094 violations. The top violations include:
Discussing Top Ten Violations
Asbestos Survey Required;
Certification & Training Required; and
Licensing Requirements and Procedures
As many of you know, our biggest complaint about NYSDOL is that they don't do enough to go after companies that do asbestos without an asbestos survey, an asbestos license, and asbestos certified workers. These three were the top three violations issued by NYSDOL, which means we say BRAVO! NYSDOL keep up the good work! It was interesting to us that one of the top ten violations was not having a manometer or working one (this piece of equipment literally can be purchased for about $30-50, the fine can be $5,000). One of the biggest issues discussed was the need for a mold rule and at this point NYSDOL does not see the need for a rule. After some questions and answers the conference ended with lunch. This year's conference definitely seemed more technical than previous years. As a trainer, this year's conference has provided significant information to bring back to our classes and provide to our attendees. We look forward to seeing your next year, which Future Environment Designs will be celebrating 30 years in business.
In the past week, NYSDOL announced the training requirements for mold refresher training. All mold licensees will have to take a 4-hour refresher course to renew the licenses. We are currently working on the submittal to become approved for these courses. Below is the video from our presentation from the conference.
Future Environment Designs (#FEDTC) joins with other safety organizations in marking today as Worker's Memorial Day! Worker's Memorial Day is a day of remembrance for those who have died on the job. This is also the day that the Occupational Safety and Health Administration(OSHA) was created in 1971.
Construction work on the ferry terminal on Lake Champlain
Before OSHA was created, an estimated 14,000 workers were killed on the job per year. Though OSHA has been mostly successful in reducing the number job related deaths (job related deaths are down to 4,500 per year, however, there are over 50,000 who die from occupational diseases like asbestosis & silicosis) it is important to remember, there is still more we can do. These deaths are preventable! Now that Mr. R. Alexander Acosta has been confirmed as the new Labor Secretary, we will get a new OSHA director and find out the direction OSHA will take going forward.
Public events happen all over the country celebrating Worker's Memorial Day visit OSHA's website for more information.
The second day of
the Professional Abatement Contractors of New York (PACNY) environmental conference at the Turning Stone Casino in Verona, NY started with the Technical Sessions. The day started with opening remarks from
Sean Hart, of Energy & Environment, President of PACNY and Deb Sanscrainte,
of Aramsco, the Conference Chair. This
year's Technical Session seemed much more intense & focused with a lot of
good information presented. The
presentations kicked off with Dr. Martin Rutstein, of Ecological Consulting
& Management Services, discussing "Talc with Tremolite & Other
Amphiboles." Discussed the issues of talc contaminated with asbestos or
silica and the potential for diseases correlated to talc related asbestosis,
silicosis or talcosis. Dr. Rutstein's
presentations are always entertaining and are eye opening in regards to the
science of geology. The next presenter was
Mr. Tom Laubenthal, of The Environmental Institute (a division of ATC Group
Services) discussing "Using ASTM E2356 Standard Practice for Comprehensive
Building Surveys". Mr. Laubenthal's
discussion brought up interesting points regarding the use of Safety Data
Sheets (SDS) and Architect/Engineer Certifications of no asbestos containing
materials used as part of the Environmental Protection Agency's (EPA's)
Asbestos Hazard Emergency Response Act (AHERA) and its applicability for the
purposes of a "thorough inspection" under the EPA's National Emission
Standards for Hazardous Air Pollutants (NESHAPS). After Mr. Laubenthal's presentation, we took
a break to wander the Vendor Exhibit Hall and meet with some of the vendors
like Grayling/ILC Dover (glovebags, etc.) and AMA Analytical (laboratory services).
We returned from the
break for Mr. Ed Stuber's, of Galson Laboratories, update on the
"Occupational Safety and Health Administration's (OSHA's) Silica
regulation." One of the key points
of his presentation is that the silica standard is no longer a moving
target. Previously, the standard was
based on a formula. The current standard
has a set permissible exposure limit (PEL) of 50 micrograms per cubic meter and
a set action level of 25 micrograms per cubic meter. In additions, it is very important to ensure
you see the lab's proficiency testing data because labs that analyze silica
samples have till June 23, 2018 to comply with the OSHA standard. Dr. Chris Goulah, of EMSL Analytical,
presented on "Legionella". The
presentation was on the New York City outbreak in 2015 and the regulations created by New
York City (NYC) and New York State (NYS) to protect against Legionella. Dr.
Goulah's presentation noted that Legionnaires' Disease is on the rise since 2000 and that most cases are the result of exposure to Legionella asssociated with building water systems (potable & non-potable). Mr. Jim Redmond, of Associated General Contractors of NYS, gave us a "Regulatory Update on OSHA." Mr. Redmonds discussed the electronic submission of injuries and illnesses (goes into effect on July 1, 2017 for more information visit OSHA's website) and construction industry citations based on the multi-employer work-site policy (creating, exposing, correcting, & controlling). We then broke for the buffet lunch and another stroll through the Exhibit Hall and meet vendors like DiVal Safety Equipment and Frederico Demolition.
Brent Kynoch of EIA
The afternoon started with Dr. James Haklar, from EPA Region 2, discussing "Polychlorinated Biphenyl (PCBs) Case Studies". Dr. Haklar's presentation discussed the primary sources of PCBs in buildings (caulk, fluorescent light ballasts, paints and mastics) and secondary sources (building materials contaminated by releases of PCBs from the primary sources). Dr. Haklar's presentation also discussed exposure levels for evaluating PCBs in Indoor School Air (to keep the total exposure below the oral reference dose of 20 nanograms PCB per kilogram-day) and the EPA's agreement with NYC. Up next was Mr. Brent Kynoch, of the Environmental Information Association (EIA), updating us on "What Does Toxic Substance Control Act (TSCA) Reform Mean to the Asbestos Abatement Industry?" Mr. Kynoch discussed "unreasonable risk" and the EPA's need to take final risk management action within 2 years or 4 years if an extension is needed. In addition, Mr. Kynoch informed us that asbestos was selected in the "Top 10" chemicals for review by EPA and as of the PACNY conference the public comment period was open (it has since closed, here is the docket information: https://www.regulations.gov/docket?D=EPA-HQ-OPPT-2016-0736). The final speakers for the day were Mr. Cole Stanton, of Fiberlock Technologies, and Mr. Fred Schauf, of Spectrum Environmental presenting on "Environmental Indicators: Changes in Policy and Practice that WILL Impact Restoration & Abatement in 2017 -2018 and Beyond." Mr. Stanton and Mr. Schauf discussed the 2016 Indoor Air Quality Association (IAQA) report to NYS Department of Labor (NYSDOL). This report indicated the following:
Mr. Cole Stanton, of Fiberlock Technologies, and Mr. Fred Schauf, of Spectrum Environmental
Remediators perform own assessments/final inspections
Mold Remediation Plans are incomplete:
No quantities per work area
No Personal Protective Equipment (PPE) mentioned
EPA registered biocides etc. without specifying a product
No method for remediation, only "industry standards"
No cost estimate
Non NYSDOL licensed assessors provide the inspection/assessment.
Real Estate agents are assessing and preparing Mold Remediation Plans for properties they are listing (does not appear to violate Article 32, it does appear to violate their code of ethics.)
Mold remediators are still providing homeowners with checklist used as assessment and mold remediation plan
and/or, No Mold Remediation Work Plans provided.
Training Quality needs significant improvement:
Incorrect information presented, such as: asbestos testing is not necessary as mold takes precedence over asbestos containing materials; a check list by the homeowner is OK; sampling is required; biocides are preferable to removal.
Classes last less than 5 hours a day
Mold assessment classes being taught by teachers without mold experience.
Vendor Reception in the Exhibit Hall
That ended the Technical Sessions on day 2. The Vendor Reception in the Exhibit Hall started, where further networking with the vendors and the attendees continued. It was a very informative day 2 and the amount of information was fantastic. Looking forward to day 3 and our presentation. Thank you to the Long Island contingent that attended the conference this year.
Part of the Long Island Contingent that Attended This Year
This year's Professional Abatement Contractors of New York (PACNY) 21st Annual Environmental Conference was definitely more technical then previous years. The first day of the
PACNY environmental conference started with the Proficiency Workshop for
Trainers. The Proficiency Workshop speakers
consisted of Mr. Kevin Malone, Director of New York State Department of Health (NYSDOH); Mr. Don Pierce of
New York State Department of Labor (NYSDOL); and Mr. Kevin Hutton of Eastcoast Resources; and Mr. Ed Smith of NYSDOL
Engineering Services Unit.
It was a modest Day
One which started with networking during lunch. Mr. Malone started the
presentations by providing us with an update on the statistics of the asbestos
training program. As we have come to
expect the number of individuals attending asbestos courses shrinks every
year. The 2016 stats were 26,734 total
certs issued broken done 21,642 refresher certs and 5,092 initial certs issued
at 3,349 total classes held. Those
numbers are down from the 2015 stats that were 27,731 total certificates issued
with 22,074 refresher certs and 5,657 initial certs issued at 3,436 training
courses.
Mr. Kevin Malone of NYSDOH
The next presenter
was Mr. Pierce discussing the Asbestos Hazard Emergency Response Act (AHERA) auditing update. For those of you who don't know, the Environmental Protection Agency (EPA) has been
providing New York State (NYS) with a grant to perform audits of public and private school's AHERA required
management plans. The presentation
included a discussion on the process of selecting schools to be audited (randomly selected and/or based upon cause {complaint}), how
the data is collected and how the information is provided back to EPA. In addition, Mr. Pierce discussed several issues the audits have found:
EPA accepts electronic record-keeping, but hard copies of the original survey and asbestos management plan must be maintained at the Local Education Agency (LEA) office.
The LEA must assign and train a designated person to oversee asbestos activities and ensure compliance with AHERA requirements. The designated person must be trained but does not require them to be accredited and does not list a specific course or specific number of hours. It does list specific training topics which include - health effects; detection, identification, & assessment of asbestos; options for controlling asbestos; asbestos management plan topics; and relevant Federal, State, and local regulations for asbestos. As a side note: Future Environment Designs (FEDTC) recommends designated persons take the asbestos inspector (3 day) and management planner (2 day) initial courses to meet the AHERA requirements.
EPA allows two methods for new additions to existing buildings. An architect or project engineer responsible for the construction of a new school building after October 12, 1988 or an accredited inspector to:
to sign a statement that no asbestos containing building materials (ACBM) was specified as a building material in any construction document for the building, or
to the best of his or her knowledge, no ACBM was used in any building material in the building.
The LEA must submit a copy of this statement to the EPA Regional Office and shall include the statement in the management plan of the school.
Deficiencies found by the audit included:
Periodic surveillances were missing or weren't well documented
Documentation of notifications not included or well documented
ACBM removal not updated in the management plan
Clearance air monitoring records not available per AHERA
Mr. Don Pierce of NYSDOL
After a short break, the Variance Writing Workshop with Mr. Hutton and Mr. Smith was up next. This nearly two-hour presentation, got into the details of submitting and writing variances that Mr. Smith's Engineering Services Unit (ESU) reviews for approval, disapproval, or modification. Some of the points discussed:
Mr. Kevin Hutton of Eastcoast Resources
According to the Asbestos School Hazard Abatement Re-authorization Act (ASHARA) an asbestos project designer is required on Public and Commercial Building asbestos projects (including residential buildings with 10 or more dwellings).
When writing a variance consider your audience: DOL ESU; Abatement Contractor, Project Monitor; Asbestos Control Bureau (ACB) Inspector; Occupational Safety and Health Administration (OSHA) Inspector (Compliance Safety Officer); and the Courts.
Mr. Smith discussed that his department handles between 1400-1500 variances a year. About 25% are then reopened, with another 5% reopened a second time and another 5% reopened a third time. Mr. Smith also provided us with a list of Pet Peeves regarding variance applications which included:
Failing to explicitly list what code sections you are requesting relief from
Don't be lazy and simply submit someone else's variance and state you want to do what is in that variance. Own your work, your client is paying you to apply for a variance on their behalf.
"State-Wide" emergencies
Try to limit your write-up to the hardship and proposed steps to be taken to work around the hardship.
Mr. Ed Smith of NYSDOL Engineering Services Unit
Variance workshop ended the first day of the Conference. That evening we celebrated & networked at the President's Reception featuring Dan the Magic Man!
32-pound king caught during tournament highlights hot salmon fishing(mlive.com)
PACNY's Second Annual ProAm Fishing Derby, is Bigger & Better!(futureenv.blogspot.com)
PACNY Fishing Derby Was An Adventure(futureenv.blogspot.com)
