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Wednesday, September 15, 2010

Future Environment Designs sponsors PCB video



In addition, to sponsoring this video to assist with Keeping Your Family Safe by being aware about Poly-Chlorinated Biphenyls (PCBs).  We want you to be aware that New York Communities for Change is calling on the New York City Board of Education to test all schools for possible PCB contamination and devise an aggressive plan for remediation.  After watching the video click on the title to learn more about New York Communities for Change's demand.
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Saturday, September 11, 2010

Long Overdue Increase in OSHA Inspections

Construction Sign Postings in Rome, Italy.  Workers are required to  wear gloves, hard hat, work boots, and a full body harness on this work site.

14 deaths per day is the statistics of the day.  How can the Occupational Safety and Health Administration (OSHA) consider itself successful with a statistic like that?  It is long overdue for OSHA to increase the number of inspections and the number of violations it issues.  There are companies who have never seen an OSHA inspection and they have been in business for over 50 years.  We did a training class where one worker had caustic burns on his hands and three workers were diagnosed with silicosis.  The company had never been inspected by OSHA.  Until OSHA actually gets serious about performing the number of inspections necessary to  prevent injuries, statistics such as 14 deaths per day will continue to be common place.  The link shows a video of a worker for Cintas, handling the clearing of a blockage the way he was taught to clear blockage.  Though the company says it didn't know this was going on, the question is how did they think the blockage was being cleared considering they did not teach the workers a different procedure to clear the blockage.  Again another situation where the accident could have been prevented and the life of a worker saved.
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Wednesday, September 08, 2010

Confined Space Entry Mistakes Caused Tarrytown Tragedy?

OSHA has specific requirements and rules before entering confined spaces. Air testing and training are part of the requirements.




















The death of two men in Tarrytown are still being investigated, however, indications are that the men died when they entered into a sewer system manhole and were overcome by the gases or the lack of air in the area.  Occupational Safety and Health Administration (OSHA) and  the New York State Department of Labor under Public Employee Safety and Health (PESH) both regulate entries into confined spaces.  These entries require a permit system which is the equivalent of a checklist that is required to be completed by a supervisor before anyone enters the confined space.  One of the most important parts of the checklist is the requirement to test the air in the space before entry to determine the contaminants in the space.  As outsiders looking in, we could assume oxygen deficiency, methane, and hydrogen sulfide at least.  All three should have been tested before entry was made.  News reports already have told us the space was deficient of oxygen (14%), normal air has 21% oxygen.  Future Environment Designs performs confined space entry training and we train workers that at 14% workers would experience increased respiration and poor judgment.  We also train workers that the attendant should never make an entry (for rescue or any other purpose) until they are relieved by another attendant.  Our condolences go out to the family and the community of these workers.  It is a shame that this accident could have been prevented.
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OSHA Publishes Final Rule On Cranes And Derricks In Construction

Crane in Venice, Italy.  FED's training at your convenience will travel to where you need the training.

Some people would say its about time the Occupational Safety and Health Administration (OSHA) revised the Cranes and Derricks in Construction standard.  The last standard was issued in 1971 and considering in 2007 a number of crane accidents happened across the country including the two crane accidents that happened in New York City.  It is not surprising that OSHA finally finished the standard.  The rule becomes effective in 90 days after August 9, 2010.  Significant requirements in this new rule include: a pre-erection inspection of tower crane parts; use of synthetic slings in accordance with the manufacturer's instructions during assembly/disassembly work; assessment of ground conditions; qualification or certification of crane operators; and procedures for working in the vicinity of power lines.

Several provisions have been modified from the proposed rule. For example:

  • Employers must comply with local and state operator licensing requirements which meet the minimum criteria specified in § 1926.1427.
  • Employers must pay for certification or qualification of their currently uncertified or unqualified operators.
  • Written certification tests may be administered in any language understood by the operator candidate.
  • When employers with employees qualified for power transmission and distribution are working in accordance with the power transmission and distribution standard (§ 1910.269), that employer will be considered in compliance with this final rule's requirements for working around power lines.
  • Employers must use a qualified rigger for rigging operations during assembly/disassembly.
  • Employers must perform a pre-erection inspection of tower cranes.
The final rule was designed to work with state and local regulations.  Interesting change from what OSHA typically does.

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Wednesday, September 01, 2010

NYS Mold Task Force Report Open For Comments

Stachybotrys chartrum (toxic mold) growing inside the wall.
New York State Mold (fungi) Task Force was created by Section 1384 of the New York State (NYS) Public Health Law (enacted in Chapter 356 of the laws of 2005; amended by Chapter 198 of the laws of 2006).  The Task Force was charged with preparing a report to the Governor and the Legislature on mold (fungus)/toxic mold.  The report would assess and measure, "based on scientific evidence, the adverse environmental and health effects of mold exposure, including specific effects on population subgroups at greater risk of adverse effects; assessing the latest scientific data on mold exposure limits; identifying actions taken by state and local government and other entities; determining methods to control and mitigate mold."  The New York State Departments of Health and State have completed a draft report (click on the title link) and are accepting comments from the public  until October 12, 2010.   Comments can be submitted by email to: moldtf@health.state.ny.us


Comments can be submitted in writing to:

Michelle Lavigne
Bureau of Toxic Substances Assessment
Flanigan Square Room 330
547 River Street
Troy, NY 12280

Questions: (518) 402-7820 or 1-800-458-1158

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Tuesday, August 24, 2010

Brand You: Engage Your Brain


For years, I've been a big fan of Tom Peters.  His book "In Search of Excellance" should be a standard business book for anyone going into business and "Thriving on Chaos" probably applies today as much as when it was written.  It seems to me he just gets better with age.  This segment from his new book, gives you insights on how to engage your client, audience, etc.
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Saturday, August 21, 2010

EPA Calls Formaldehyde a Carcinogen

Logo of the US Environmental Protection Agency...Image via WikipediaIn the July 2010 issue of Indoor Environment Connections, Mr. Tom Scarlett writes about the Environmental Protection Agency (EPA) issuing a draft report that concludes that inhaling formaldehyde is definitely a human carcinogen.  Formaldehyde is widely used in products and can be found in many indoor environments, like the temporary trailers that the Federal Emergency Management Agency (FEMA) bought.  It has been widely published that those temporary trailers had such significant levels of formaldehyde in the indoor air they could not use them as temporary housing for the Hurricane Katrina victims.  In addition, the new study also linked increased incidence of asthma to formaldehyde exposure.  Needless to say EPA's determination will cause increased regulation of formaldehyde in air.  The next steps for this report is for it to be reviewed by an expert panel convened by the National Academy of Sciences.  EPA will then use the review and any comments from the public to complete the Health Assessment for Formaldehyde.
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Wednesday, August 18, 2010

NIOSH Publishes Results of Investigation Into Deutsche Bank Fire

A view of the Deutsche Bank Building fire on A...Image via WikipediaOn August 18, 2007, two firefighters lost their lives while attempting to put out a fire in the former Deutsche Bank building.  This fire has had a significant impact on the construction and the asbestos abatement industries.  Recently revised asbestos regulations were the results of suggested changes by a special committee, set-up by Mayor Bloomberg, to specifically investigate the city agency failings and fixed them.  The National Institute of Occupational Safety and Health (NIOSH) typically investigates fires that lead to the loss of life of firefighters.  The purpose is to assist fire departments across the country in reducing fatalities and injuries to firefighters.  NIOSH's investigative report is 44 pages long and determined the following "key contributing factors to this incident included: delayed notification of the fire by building construction personnel, inoperable standpipe and sprinkler systems (published in several news articles), delay in establishing water supply, inaccurate information about standpipe, unique building conditions with both asbestos abatement and deconstruction occurring simultaneously, extreme fire behavior, uncontrolled fire rapidly progressing and extending below the fire floor, blocked stairwells preventing fire fighter access and egress, maze-like interior conditions from partitions and construction debris, heavy smoke conditions causing numerous fire fighters to become lost or disoriented, failure of fire fighters to always don SCBAs inside structure and to replenish air cylinders, communications overwhelmed with numerous Mayday and urgent radio transmissions, and lack of crew integrity."
The report also includes several recommendations, and alot of information regarding what happened including a timeline.  So what started the fire?  A burning cigarette discarded by a construction employee in the decontamination shower area on the 17th floor.  Read the report for more information.
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Friday, July 30, 2010

W. R. Grace To Pay For Asbestos Cleanup in Easthampton, MA.

Asbestos (tremolite) silky fibres from Val di ...Image via Wikipedia
W.R. Grace and Company leased a facility in Easthampton, Massachusetts where they produced zonolite attic insulation and fireproofing.  This facility received vermiculite that was mined in Libby, MT which is known to be contaminated with tremolite asbestosWR Grace and the owner of the property Oldon Limited Partnership agreed to pay an estimated $833,000 to cleanup the site and reimburse the Environmental Protection Agency (EPA) for past cleanup costs of $72, 537 as recently reported by Environmental Protection (click on title to see the full article).
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Friday, July 23, 2010

Riggiing Contractor Cleared Of All Charges


Mr. William Rapetti's trial ended on Thursday with a not-guilty verdict by the judge that heard the case.  This ends the first of the construction trials that the construction industry is watching, the other two being the Deutsche Bank Fire and the other crane accident.  Mr. Rapetti and his company Rapetti Rigging Services were acquitted all charges.  Unfortunately, he and his company, along with other companies on the project, the building owner and New York City, still must face several civil lawsuits in regards to the accident.
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Tuesday, July 20, 2010

NYC DEP Plans Increase In Enforcement On Asbestos Investigators

New York City Department of Environmental Prot...Image via Wikipedia
The New York City Department of Environmental Protection (NYC DEP) released plans to increase the scrutiny of Certified Asbestos Investigators.  As discussed in the New York Times article linked above, NYCDEP has hired two additional inspection monitors to review the work of the Certified Asbestos Investigators and plans to nearly double the number of office audits it conducts each year, to 75, up from 40; the agency will check the records and activities of nearly 15 percent of the 543 asbestos investigators it certifies, and perform 500 spot-check field inspections.  What caused this increase in oversight of the Certified Asbestos Investigators?  Mr. Saverio Todaro's guilty plea to federal environmental crimes, fraud and making false statements.  In our refresher classes we have discussed Mr. Todaro's case, who operated an environmental inspection and testing company, and acknowledged that he had submitted clean asbestos and lead test results for at least a decade without performing any tests.
Not only has Mr. Todaro's case caused increased scrutiny of Investigators, it also has exposed our industry to reckless statements such as "The city environmental agency regulates private asbestos inspectors, who play an important role in what has long been viewed as one of the more corrupt sectors of the construction industry."  I don't think the New York Times has accurately portrayed our industry.  Our industry like many others has individuals that will do anything for the money.  However, we have many individuals and companies in our industry that do not give into this weakness and perform their jobs in accordance with the regulations.  We provide our clients with an important service and help them protect their properties and the people who use the property.  I am very disappointed with the NY Times, in painting our industry with such a broad brush stroke based on the guilty plea of a few individuals.
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Monday, July 05, 2010

Clearing Pipes With Natural Gas, A Common But Deadly Construction Practice

MIDDLETOWN, CT -  FEBRUARY 7:  An aerial view ...Image by Getty Images via @daylife
In Middletown, Connecticut on Febuary 7, 2010 an explosion caused the death of 6 workers building a power plant for Kleen Energy Systems.  The article above discusses the findings of an investigation of the cause of the explosion.  The findings found that a common construction practice of clearing pipes with natural gas was the cause of the explosion.  The Occupational Safety and Health Administration's (OSHA) investigation is still ongoing.  However, it appears the common practice of clearing pipes with natural gas is also a common cause of explosions at other construction sites.  In two other sites this practice has caused explosions that have killed 4 and 6, previously.  The article implies that this practice is unregulated, which I find hard to believe.  I guess we will find out once OSHA finishes its investigation.

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Friday, July 02, 2010

Doomed Crane Had History of Malfunctions | New York Construction | McGraw-Hill Construction

Tower crane in Germany.Image via Wikipedia
Doomed Crane Had History of Malfunctions New York Construction McGraw-Hill Construction

The manslaughter trial of William Rappetti, master rigger, and his company Rappetti Rigging Services, began this week.  The Manhattan District Attorney maintains that Mr. Rappetti was responsible for the crane accident that happened on March 15, 2008.  While Mr. Rappetti's attorneys are trying to prove the accident was caused by a number of alternative causes.  Click the link above to get an update on the trial.  We will be following this trial and the other manslaughter trial against J. Lomma (see our post "Crane Case Heading to Court") both regarding the crane accidents that happened in 2008.  Depending how these trials turn out, will depend how much of an impact the Manhattan District Attorney's Office will have on the construction industry.
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Sunday, June 27, 2010

ADAO Responds to Potential Canadian Efforts to Revive Jeffrey Mine « ADAO – Asbestos Disease Awareness Organization

amiante6.jpgImage by LHOON via Flickr
ADAO Responds to Potential Canadian Efforts to Revive Jeffrey Mine « ADAO – Asbestos Disease Awareness Organization

As the Asbestos Disease Awareness Organization notes, Quebec continues to consider chrysotile asbestos less dangerous than other forms of asbestos.  Since Jeffrey Mine, Inc.'s current mine has run out of asbestos, Quebec's government is offering $58 million dollar loan guarantee for Jeffrey Mine to open a new mine and continue mining asbestos.  Unfortunately, the market for this new asbestos is the Third World, where many industries are concerned more about staying in business versus human life.
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Wednesday, June 23, 2010

BP's Other Toxic Legacy: 'Decades of Misery' for Gulf Health

Logo for the United States Occupational Safety...Image via Wikipedia
BP's <i>Other</i> Toxic Legacy: 'Decades of Misery' for Gulf Health

As we feared, the Occupational Safety and Health Administration (OSHA) again is messing up worker protection under the memorandum of understanding (MOU). This time it didn't take long for people to start being concerned about their exposure to chemicals. This article from Esquire Magazine's Politics Blog shows that OSHA really doesn't have a handle on the exposure of the workers down there. In addition, where is the American Industrial Hygiene Association in all of this? I have not heard about a position or any recommendations from this organization regarding what is going on in the Gulf regarding worker protection. So here we are again another disaster and another OSHA MOU, which means allow workers to develop illnesses (from chemical expsoures) because these aren't reported the same way accidents are (slips, trips, falls, etc). I'm sure OSHA will brag about zero accidents like they did at 9/11 but will ignore the illnesses developed. Note the recent news articles about the $700 million settlement that will be paid to thousands of 9/11 responders exposed to toxic World Trade Cener dust, that OSHA could have and should have prevented from happening.

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Tuesday, June 08, 2010

Spring 2010 Future Focus Posted

20081201-BW02056-R01-010Image by odysseyfx via Flickr
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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Wednesday, June 02, 2010

PCBs are Everywhere?

PCB 1Image via Wikipedia
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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Thursday, April 22, 2010

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

lead paint on leila's houseImage by wayneandwax via Flickr
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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Tuesday, April 20, 2010

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

Tuesday, April 06, 2010

EPA Submits Final Report on First Phase of Hudson River Dredging

This image comes from the Swedish encyclopedia...Image via Wikipedia
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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Wednesday, March 31, 2010

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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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...