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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.


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Wednesday, March 30, 2011

Hofstra is Hosting an Information Session on EPA's Lead RRP Law.

Environmental journalism supports the protecti...Image via WikipediaThe Guest Speaker will be Jeanette Dadusc, the RRP Coordinator, Region 2 for the Environmental Protection Agency (EPA).  I will be attending this free information session on Friday, April 1, 2011 at 11:30 AM at Breslin Hall.  If anyone has any questions they wish me to ask, please post them here or on the Future Environment Designs Forum.  Maybe I will see you there.
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Tuesday, March 29, 2011

Jury Selection Begins in the Deutsche Bank Building Fire Trial

Deutsche Bank Building damaged by falling debr...Image via WikipediaThe Engineering News Record (ENR) of New York wrote an excellant article on the beginning of jury selection for the manslaughter trial of site safety manager Jeffrey Melofchik, 49, who worked for Bovis; Mitchel Alvo, 58, the cleanup director for subcontractor John Galt Corp.; Salvatore DePaola, 56, a Galt foreman; and Galt itself on the fire that occurred in 2007 at the former Deutsche Bank Building.  The article does an excellant job of providing a history of all that has occurred since the fire occurred in 2007.  Including the Manhattan District Attorney's investigation, the National Institute of Occupational Safety and Health (NIOSH) investigation, and the New York City investigation.  Based on the article it would seem the Manhattan District Attorney will have an uphill battle getting a conviction on this trial.
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Monday, March 28, 2011

EPA Proposes to Add Area Near Hicksville, New Cassel, Westbury, Hempstead and Salisbury, N.Y. to the Federal Superfund List

Map of regional administrative divisions of Ne...Image via WikipediaMarch 8, 2011 the Environmental Protection Agency (EPA) announced that they are proposing consolidating areas in Hicksville, New Cassel, Westbury, Hempstead and Salisbury in Nassau County, N.Y. into one site and adding it to the Superfund National Priorities List of the country’s most hazardous waste sites.  Ground water throughout the site is contaminated with harmful volatile organic compounds (VOCs). The Magothy aquifer, Nassau County’s primary source of drinking water, has likely been impacted by the contamination.  Residents of the affected towns are currently receiving drinking water that is being treated to remove the VOCs.  EPA has conducted an initial investigation of the site, and the Superfund designation will allow EPA to further investigate the extent of the contamination and its sources and remediate it.  EPA will solicit input from the public before reaching a final decision on whether to add the area to the 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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Friday, March 25, 2011

Engineering News Record of New York Interviews William Rapetti

Tower Crane in Venice, Italy
Engineering News Record (ENR) of New York interviewed William Rapetti after his acquittal of manslaughter charges stemming from the deadly collapse of a 200-foot tower crane in Manhattan in 2008.  The interview was well done and provides the reader with a glimpse of the tenacity and perserverance it takes to defend yourself against unfair charges.  In addition, it gives you a look at the process of when you are charged with manslaughter, and what a person and his family goes through when you become the target.  An very good read and the reporting was done very fairly.
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Thursday, March 24, 2011

Successful PACNY Conference Gets Even Better The Second Day - Part 2

Roundtable Participants - Mr. Alonge, Mr. Yehl, Mr. Garcia, & Mr. Hart
The exhibit hall, which was open both days and the first day reception was in, was alot of fun with over 25 vendors represented including Aramsco, DiVal, Grayling, Fiberlock, United Rentals, NY State Laborers Cooperation & Education Trust, Ashtead Tecchnology Rentals, and Cornerstone Training Institute, to name a few. One of the interesting items in the exhibit hall was the Liftpod by JLG that DiVal was displaying (Provides over a 360 degree range of motion, ability to work with both hands up to 14 feet, easily transports in common vehicles). DiVal has a PACNY show special on this product for $1,999. See photos from the conference and the exhibit hall, at our Picasa web album.
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.
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Wednesday, March 23, 2011

A Record Turnout Makes For A Successful PACNY Conference - Part 1

Linda Reinstein of ADAO, Keynote Speaker
 On March 10-11, 2011, we went to the Professional Abatement Contractors of New York's (PACNY) 15th Annual Environmental Conference at Turning Stone Resort & Casino in Verona, New York.  The event this year was well attended with over 220 attendees.  Future Environment Designs (FED) increased our participation this year, by deciding to become one of the Conference Sponsors and joined the other vendors in the Exhibit Hall.  We enjoyed our placement next to Ciotti Enterprises and enjoyed several discussions with Jeff Cooper the operations manager.  Ciotti Enterprises is a Central New York waste hauler handling demolition debris, municipal solid waste, and are Part 364 permitted by New York State Department of Environmental Conservation (NYSDEC), enabling them to handle asbestos and contaminated soil hauling.
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.
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Chrysotile Asbestos Banned? More Like Certain Conditions of Use Will Be Eventually Banned!

Many of you, as did I, read about the " Ban of Chrysotile Asbestos " and rejoiced over something long overdue.  However, after rea...