Assemblywoman Lupardo Sponsors Bill To Amend Asbestos Notification Fees

Assemblywoman Donna Lupardo is sponsoring Assembly Bill A09928, which will amend the notification fees for non-friable material.  This issue was discussed at Professional Abatement Contractors of New York's (PACNY) 2012 Environmental Conference.  The bill can be accessed at:  http://assembly.state.ny.us/leg/?default_fld=&bn=A09928&term=&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y

Asbestos Thermal System Insulation on a Residential Ducts & Furnace

PACNY is supporting this bill, based on their research that many residential projects are not notified and are done illegally because of the steep fee structure.  Placing homeowners and occupants in danger.  In addition, because of recent flooding from natural disasters many homes have been condemned requiring them to pay the maximum asbestos notification fee of $4,000 to demolish the home.  This fee for demolition has been the subject of many articles regarding this cost that cities, towns, and villages are required to pay increasing the cost in doing demolition in the Southern Tier, Catskills, and other regions.  Visit the New York State Asbestos Group on Linked-in, regarding the discussion of this issue.

This is not the first time this issue has been discussed, a previous Senate Bill S748-2011 in the New York State Senate sponsored by State Senator Catherine Young wanted to modify the fees that residential one & two family owner occupied homes paid in doing asbestos abatement work - capping the notification fee at $500.

We agree that the notification fees need to be addressed, especially for residential work.  Though not convinced that the fee should be addressed in this manner.  Senator Young's bill handles it much simply and probably should be expanded to include residential homes/houses slated for demolition (or controlled demolition by a municipality).

Related articles

• Pacny 2012 Conference - More Changes? (futureenv.blogspot.com)
• The wrecking crew (buffalonews.com)
• Historic ND Courthouse Contains Dangerous Materials Including Asbestos, Toxic Mold (mesothelioma.com)
• Demolition Activity At Old Mill Poses Hazard of Asbestos Exposure, NY Attorneys Says (prweb.com)
• Kensington Heights tab doubles (buffalonews.com)
• Apartment building reno halted amid concerns over unsafe asbestos removal (theprovince.com)
• Vancouver tenants allege unsafe asbestos removal endangering their health (theprovince.com)

Worker Exposure to Silica Significant During Hydraulic Fracturing

Silicosis (Photo credit: Mr. Ducke)

Just read the National Institute of Occupational Safety and Health's (NIOSH's) blog regarding "Worker Exposure to Crystalline Silica during Hydraulic Fracturing".  Obviously, environmental concerns regarding this type of work are being fought in New York on what seems likely a daily or weekly basis.  Usually the arguement for hydraulic fracturing is, job creation and of course energy independence.  However, it is interesting how worker safety is rarely discussed when we talk about hydraulic fracturing.  This study done by NIOSH and discussed on their blog obviously discusses the need to ensure that workers are protected from being overexposed to respirable crystalline silica dust.  Overexposure to respirable crystalline silica dust can lead to the development of the uncurable respiratory disease silicosis, in addition to other diseases.    The typical view that filtering facepiece and half-mask respirators could protect the workers, according to the blog is not sufficient to protect the workers.  Meaning engineering, work practice controls, and administrative controls need to be implemented, making the process more complicated.
Since New York State Department of Environmental Conservation (NYS DEC) is working on drafting regulations for hydraulic fracturing, we hope they also take into account what is needed to protect worker safety on these sites as well as what is needed to protect the environment.

Related articles

• Silica dust poses newly revealed health risks from fracking (switchboard.nrdc.org)
• Hydraulic Fracturing (environmentalhealthtoday.wordpress.com)
• Cool Job: Workers pleased to be part of area's hydraulic fracturing boom (newsok.com)
• Vermont bans hydraulic fracturing (newdayunderwriting.wordpress.com)
• What is Hydraulic Fracturing? (ecology.com)
• Bureau of Land Management proposing rule to regulate hydraulic fracturing on public land (bespacific.com)
• Long-term exposure to silica dust increases risk of death in industrial workers (eurekalert.org)
• More effort needed to prevent exposure to silica hazards as silicosis remains a major cause of illness, death worldwide (medicalxpress.com)

NYSDOH ELAP Decision Trees

In our previous blog post on the Professional Abatement Contractors of New York's (PACNY's) 16th Annual Environmental Conference, we mentioned that Dr. Stephanie Ostrowski, of the New York State Department of Health's Environmental Laboratory Approval Program (ELAP), was one of the presenters.  Dr. Ostrowski's presentation, as we mentioned in our blog, included lengthy discussions on vermiculite and ceiling tiles.
 
The discussion regarding ceiling tiles included reviewing the decision trees she provided us to help explain the analysis process for regular bulk samples and samples required to undergo gravimetric reduction.  Analysis of friable bulk sample (material) must use analysis method 198.1, while non-friable, organically bound (NOB) bulk material must use analysis method 198.6/198.4.  Visit my website under Resources for the copy of the decision trees she provided us.  Her explainations were excellent and the decision trees did make it easier to understand. 

There was also some discussion regarding whether this meant that ceiling tiles were considered NOBs and hence could be removed under the In-plant regulations of New York State Department of Labor (NYSDOL) Industrial Code Rule 56 (ICR56).  Mr. Chris Alonge of NYSDOL came to the microphone and immediately put that issue to rest, saying that ceiling tiles are not considered non-friable, so as such cannot be removed under the In-plant operations section of the regulation.  This year's conference was as informative as usual, a great job was done by PACNY, Deborah Johnson of Aramsco, Darren Yehl of LeChase Construction Services and Kevin Hutton of Cornerstone Training Institute.

Related articles

• Pacny 2012 Conference - More Changes? (futureenv.blogspot.com)
• 16th Annual PACNY Environmental Conference Being Held March 1 & 2, 2012 (futureenv.blogspot.com)
• Be aware of asbestos issues in older properties (vaned.typepad.com)
• Asbestos Scare At Brooklyn School Has Parents Furious At Department Of Education-LWT 1732 Video (preprod.cbslocal.com)
• Asbestos Scare At Brooklyn School Has Parents Furious At Department Of Education (newyork.cbslocal.com)
• Victim of silent killer (hartlepoolmail.co.uk)
• Asbestos company owners convicted on criminal charges in Italy; but asbestos still lethal and legal in the US (scienceblogs.com)

More Dangers Related To Toxic Dusts

In our current newsletter (find it at www.futureenv.com), we discuss the hazards of toxic dust at demolition and disaster sites. Three new studies from California seem to support my points regarding the dangers of the dust. Indoor Environment Connections in the February 2012 issue discusses the findings of these studies linking exposure to fine-particulate matter to heart disease.

These study defined particulate matter as a complex blend of substances ranging from dry solid fragments, solid-core fragments with liquid coatings and small droplets of liquid. These particles vary in shape, size and chemical composition, and can contain metals, soot, nitrates, sulfates, and very fine dust. One source of particulate matter, including PM2.5 or fine-particulate matter is exhaust from vehicles, especially diesel engines (which are used frequently on demolition and disaster sites). PM2.5 is particulate matter smaller than 2.5 microns in diameter (making this particulate matter a respirable dust or dust that can enter into the deep lungs).
The California Air Resources Board (ARB) released three new studies, that indicate exposure to airborne fine-particulate matter significantly elevates the risk of premature deaths from heart disease among older adults and elevates incidence of strokes among post-menopausal women. The third study examined platelets of mice exposed to PM2.5. This study found that the exposed mice showed platelet activation which could promote clotting and lead to stroke and heart attacks. These studies add to the existing scienctific evidence that respirable airborne particulates pose a threat to public health. If these particles pose a threat to public health, what about the threat to workers who are exposed to PM2.5 at their worksites?
These studies further support my call, for the requirement that workers wear respirators on all demolition and disaster sites.

Related articles

• Toxic Dusts - Demolition Implications (futureenv.blogspot.com)
• Honoring Dr. Alice Hamilton For Women's History Month (futureenv.blogspot.com)
• Particulate Matter in Our Homes Has a Great Negative Impact on The Elderly (socyberty.com)
• Canadian Health Impacts to Long-Term Exposure to Fine Particulate Matter (pollutionfree.wordpress.com)
• Health Impact of Exposure to Particulate Matter in Beijing, China (pollutionfree.wordpress.com)
• Study finds association between air pollution and cognitive decline in women (eurekalert.org)
• Air pollution may increase stroke, heart attack risk (cnn.com)

PACNY 2012 CONFERENCE - MORE CHANGES?

The annual Environmental Conference of the Professional Abatement Contractors of New York (PACNY) was held at Turning Stone Casino & Resort in Verona, New York.  This annual conference has become synonomous with changes - either changing the way we think, new regulations, or new interpetations.

Dr. David Duford from CanAm Environmental, Angelo Garcia, III from FED, & Darren Yehl from Cornerstone Training on the PACNY Discussion Panel

This year's changes (not sure that is the right word, but we will use it anyway), include lengthy discussions about vermiculite (any vermiculite in a sample designates the sample as containing asbestos), and ceiling tiles analysis by Dr. Stephanie Ostrowski of the Environmental Laboratory Approval Program (ELAP).  After last year's PACNY presentation by ELAP and various questions from the audience, ELAP released the April FAQ which answered questions and created new questions regarding a number of items.  Major points from Dr. Ostrowski was materials similar to NOBs such as ceiling tiles and fiberglass (where the materials may block or interfere with analysis of asbestos) should be analyzed using gravimetric reduction.  Probably one of the most frustrating parts of Dr. Ostrowski's presentation is her using the word "should" when most in the audience thought she should have used "shall or must".  For example, in discussing the vermiculite issue she said laboratories should consider the material asbestos contaminated.  If the material cannot be analyzed for the contamination of asbestos, why is it "should" why not "shall".  From a suggestion from the audience, Dr. Ostrowski was going to go back and discuss with her collegues the adding of a disclaimer for vermiculite on laboratory reports. 

The usual highlight of the conference was the update by Mr. Chris Alonge on the progress of the revisions to Industrial Code Rule 56.  Dr. David Duford from CanAm Environmental Safety, Inc. did an excellent presentation, before Mr. Alonge's, on the New York State Building and Fire Code which allowed everyone to have a better idea what Mr. Alonge is referencing in the revisions.  Probably the most important announcement by Mr. Alonge was that the New York State Department of State has approved the changes and their review is completed.  The next hurdle is the NYS Division of Budget, and we will see what happens next on that front.  Mr. Alonge said he hoped for a comment period this summer with possible enactment by the beginning of 2013.  We recently got an electronic copy of his presentation for this year and that will be added to our manuals (eventually to our website, too) along with the bulk sample analysis decision trees provided by Dr. Ostrowski.   

The conference started with a presentation by Mr. Tom Meade the Executive Director of PACNY and discussions on the need for moral & ethics training in the industry, the micro-managing of the industry, a Bill to Amend Section 904 of the Labor Law, recent finding that sprayed-on fireproofing installed in 2005 came back with 2% chrysotile asbestos, and the findings of the FOIL request regarding New York State Department of Labor's Asbestos Control Program budget & notification fees.  Brian Sampson of Unshackle Upstate then discussed the importance of his organization's work in providing a balanced voice for upstate New York, his points regarding the industry was support for tax credits for remediation, support for amending Section 904, and streamlining permitting process.

Other speakers included, Mr. Paul Watson from ATC Associates spoke about PCBs (important point - EPA Guidance Document on Caulk, may become the industry standard); Mr. Bob Krell from IAQ Technologies; Mr. Kevin Murphy from Wladis Law Firm (what to do if an allegation is made against you? - know your rights, know you do not have to say anything, know that saying something can have much more serious consequences than saying nothing, etc.); and Mr. Ron Williams from OSHA (National Emphasis Programs on silica, lead, trenching & excavation).  The exhibition hall was a little light this year because of conflicts with other meetings, however, DiVal Safety Equipment had an interesting product Rhinotuff Puncture Resistant Insoles (DiValSafety.com).  This product is designed to fit into most types of work boots and shoes to provide puncture resistance.  A new vendor at the show was The SAFETY house.com, visit them at www.thesafetyhouse.com.

A big Thank You! to PACNY for inviting me onto the panel discussion this year.  I was honored and enjoyed the conference as usual.

Related articles

• 16th Annual PACNY Environmental Conference Being Held March 1 & 2, 2012 (futureenv.blogspot.com)
• What Happened with NYS ELAP Ceiling Tile Analysis? (futureenv.blogspot.com)
• Kings Park Psychiatric Center Bid Awarded to Low Bidder (futureenv.blogspot.com)
• NYCDEP Issues Advisory Memo (futureenv.blogspot.com)
• Chamber Wise: Strategic Priorities for 2012 (sbmonthly.com)