October 2025 — Future Environment Designs is proud to announce that Angelo Garcia III, Principal-Industrial Hygienist and Founder, has been selected as a recipient of the HERALD 2025 GreenBIZ Award, presented by HERALD Community Newspapers and RichnerLIVE.
The inaugural GreenBIZ Awards recognize Long Island companies and individuals leading the way in environmental sustainability and community impact. Mr. Garcia was chosen for his more than 30 years of commitment to improving environmental health and safety through education, advocacy, and industry leadership.
Under Mr. Garcia’s direction, Future Environment Designs has become one of Long Island’s premier providers of asbestos, mold, indoor air quality, and OSHA compliance training—empowering professionals to create safer and healthier workplaces across New York State and the tri-state region.
“It’s an honor to be recognized among Long Island’s sustainability leaders. For more than three decades, our mission at Future Environment Designs has been to make workplaces safer and communities healthier through education, training, and advocacy. This award reinforces our belief that protecting the environment and protecting people go hand in hand.” - Angelo Garcia III, Principal-Industrial Hygienist, Future Environment Designs, Inc.
Award recipients will be honored at the GreenBIZ Awards Gala on October 29, 2025, at The Heritage Club at Bethpage, celebrating sustainability leaders shaping a greener, healthier future for Long Island.
- supplying personal protective equipment (PPE),
- providing quantitative respirator fit testing,
- providing respirator medical evaluations,
- our monthly Safety Suzy newsletter with content on asbestos, mold, indoor air quality, and occupational safety and health information,
- our blog where we post items of interest and discussion,
- our negative air app,
- our air sampling charts,
- our training library,
- our partnership with SiteDocs,
- and all of it found on FEDTC's website.
On September 16, 2025, Senator Jeff Merkley (D-OR), Representative Suzanne Bonamici (D-OR), and Representative Don Bacon (R-NE) introduced the bipartisan, bicameral Alan Reinstein Ban Asbestos Now (ARBAN) Act of 2025. This long-overdue legislation finally addresses what many of us in the asbestos and environmental industry have been fighting for decades: a complete ban on asbestos in all its forms.
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| Asbestos Pipe Insulation Properly Managed |
The bill is named in honor of Alan Reinstein, a passionate advocate for asbestos awareness whose legacy continues through the tireless work of his widow, Linda Reinstein, and the Asbestos Disease Awareness Organization (ADAO). If passed, ARBAN will eliminate all asbestos imports and uses, close the dangerous loopholes left by the Environmental Protection Agency’s (EPA's) 2024 Risk Management for Asbestos, Part 1: Chrysotile Asbestos rule, and ensure that protections are permanent through law - removing the risk of judicial reversal.
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| J. Brent Kynoch, Managing Director of EIA |
The Environmental Information Association (EIA), representing professionals across asbestos abatement and environmental remediation (Future Environment Designs, Inc. (FEDTC) is a proud member of EIA), has proudly announced its strong support for ARBAN. J. Brent Kynoch, Managing Director of EIA, stated:
“On behalf of the Environmental Information Association, I express our strong support for the Alan Reinstein Ban Asbestos Now Act of 2025. We greatly appreciate the continuing commitment of Congress to finally ban commercial asbestos—a toxic substance our members have worked tirelessly to help manage and remediate for decades. With the passage of ARBAN, the United States will finally join nearly 70 countries that have already taken decisive action to protect public health.”
For those of us in the industry, the facts remain painfully clear: asbestos exposure has caused generations of suffering, disease, and death. The scientific consensus is undeniable—there is no safe level of asbestos exposure. Yet in 2025, asbestos remains legal in the United States. ARBAN represents the first comprehensive solution that will finally align the U.S. with international public health standards and put an end to preventable asbestos-related tragedies.
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| Linda Reinstein of ADAO |
Linda Reinstein, President of ADAO, powerfully reminded us:
“We have known for decades that asbestos causes suffering, disease, and death. It is long past time to end the importation and use of all asbestos in the United States and put a stop to the preventable tragedies that have claimed far too many American lives.”
The legislation has already garnered strong early support from a broad coalition, including ADAO, the American Public Health Association (APHA), Environmental Working Group (EWG), International Association of Fire Fighters (IAFF), Center for Environmental Health (CEH), and EIA, among others. These organizations represent public health advocates, labor unions, scientists, and industry experts who have all witnessed firsthand the devastating impact of asbestos exposure.
ARBAN would:
- Ban all asbestos — including all six recognized fibers, plus winchite and richterite
- Close regulatory loopholes left by EPA’s 2024 rule
- Ensure permanent protections through legislation immune to court reversal
With more than 40,000 Americans dying each year from asbestos-related diseases, the stakes could not be higher. Passing ARBAN is not only about preventing illness and death today - it is about securing a healthier, safer future for workers, families, and communities across the nation.
As someone who has spent their career in the asbestos and industrial hygiene field, we cannot stress enough how critical this legislation is. The United States has delayed for far too long. It is time for Congress to act. 
Contact your legislators today and urge them to support the Alan Reinstein Ban Asbestos Now Act of 2025. Together, we can end asbestos use in the U.S. once and for all.
September 11, 2001, is a day that remains etched in all our memories. The tragic events at the World Trade Center, the Pentagon, and in Shanksville, PA, changed our nation forever. But beyond the immediate loss of life, another tragedy unfolded quietly in the months and years that followed - tens of thousands of responders, survivors, and community members began experiencing serious health problems directly related to their 9/11 exposure.
That’s why the World Trade Center (WTC) Health Program, managed by the National Institute for Occupational Safety and Health (NIOSH), is so critical. Established to provide medical monitoring and treatment, this program continues to serve those whose health was compromised by their bravery or simply by their presence in lower Manhattan during and after 9/11. Today, more than 127,000 members are enrolled, including over 83,000 responders and 44,000 survivors.
Who is Eligible?
Eligibility is broader than many realize. You may qualify if you:
- Worked, lived, or went to school or daycare in the NYC disaster area between 9/11/01 and mid-2002.
- They were present in the dust cloud on 9/11.
- Performed rescue, recovery, cleanup, or related work at Ground Zero, the Staten Island Landfill, PATH tunnels, barge loading piers, the Pentagon, or Shanksville.
Even indirect roles—such as site security, administrative support, providing supplies, or working with the Medical Examiner’s Office—count toward eligibility.
Covered Health Conditions
The WTC Health Program recognizes and treats a wide range of certified WTC-related health conditions, including:
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| Top Health Conditions |
- Respiratory diseases: asthma, chronic cough, sinusitis
- Digestive disorders: GERD, chronic acid reflux
- Mental health conditions: PTSD, anxiety, depression, trouble sleeping
- Cancers linked to toxic exposures
- Acute traumatic injuries sustained during response work
Many survivors and responders still don’t realize their health issues—persistent cough, runny nose, chronic heartburn, or ongoing anxiety—may be related to their 9/11 exposure.
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| Top Cancer Certifications |
Where to Get Care
The program offers treatment through Clinical Centers of Excellence (CCE) in the New York metropolitan area, and for those outside NY, through the Nationwide Provider Network (NPN). Benefits include medical monitoring, prescription coverage, mental health care, and treatment tailored specifically to certified WTC-related conditions.
Why It Matters
The work of the WTC Health Program isn’t just about honoring those who served or survived—it’s about ensuring that no one is left behind in their fight for health. With over 400,000 people estimated to have been affected by 9/11, the program remains a lifeline for many and a reminder that the impact of that day continues.
On this September 11, we honor those we lost, but we also reaffirm our commitment to care for those still living with the health consequences of that day. The WTC Health Program, guided by NIOSH, ensures that the promise made in the aftermath—that we would not forget—continues to be fulfilled.
Call to Action: How to Apply
If you or someone you know may qualify for the World Trade Center Health Program, don’t wait:
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Visit the WTC Health Program website to learn more.
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Review the eligibility checklists for survivors and responders.
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Apply online or download an application to begin the process.
Getting connected to the program can provide access to the care, monitoring, and support needed to manage 9/11-related health conditions—and ensure no one faces these challenges alone.
Previous Posts Regarding 9/11
Its Been 15 Years Since 9/11. 4 Things We Have Learned!
As someone who has spent decades navigating the complexities of asbestos regulations, we recognize that clarity, practicality, and worker protection must be at the core of any regulatory update. Occupational Safety and Health Administration’s (OSHA's) recent proposal to revise certain respirator-related provisions within the asbestos construction standard (29 CFR 1926.1101) attempts that but it’s important for all of us in the industry to carefully evaluate how these changes impact worker protection, especially concerning respirator requirements.
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| Confusion about the 9/11 type of respirator/filter to wear |
Three proposed changes stand out to us as potentially problematic:
1. Removing the HEPA Filter Requirement
For decades, HEPA filters have been the gold standard for respirators, protecting workers from asbestos fibers. The current OSHA standard mandates HEPA filters (P100 filters) on all powered and non-powered air-purifying respirators to ensure maximum filtration efficiency.
OSHA’s proposal to eliminate this specific HEPA filter requirement, citing updated National Institute for Occupational Safety and Health (NIOSH) certification standards (42 CFR part 84), raises questions. While newer filter types may meet certification requirements, HEPA filters’ proven reliability and high filtration efficiency have been foundational in asbestos protection.
The risk here is that removing the HEPA filter mandate could lead to the use of less effective filters (N95s) or confusion over filter equivalency, ultimately compromising worker safety. The asbestos hazard is too severe to accept any uncertainty about filter performance.
2. Replacing Supplied-Air Respirators with PAPRs
Current OSHA standards require supplied-air respirators (SARs) operated in pressure-demand mode with an auxiliary positive-pressure self-contained breathing apparatus (SCBA) backup for exposures exceeding 1 (one) fiber per cubic centimeter (f/cc). The proposed change to this section would replace the specific respirator requirement (SAR/SCBA, with an Assigned Protection Factor (APF) of 1,000) with a requirement to provide a respirator with a minimum APF of 1,000. That would include a full-face Powered Air Purifying Respirator (PAPR) and helmet/hood PAPR (having manufacturer test evidence to support an APF of 1,000).
For high-level asbestos exposures, this shift is concerning. Supplied-air respirators provide a higher level of protection against variable airborne fiber concentrations, and the SCBA backup is critical for emergency scenarios. Moving to PAPRs risks lowering the safety margin in situations where asbestos concentrations spike unexpectedly.
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| Workers wearing PAPRs |
3. Replacing PAPRs with Full Facepiece APRs
Another change to the current standard includes providing a tight-fitting powered air-purifying respirator (APF 1,000) or a full facepiece, supplied-air respirator operated in the pressure-demand mode, and equipped with either HEPA egress cartridges or an auxiliary positive-pressure, self-contained breathing apparatus (SCBA) (APF 1,000) for exposure levels at or below 1 f/cc. The proposed change would require employers to provide a respirator that has a minimum of an APF 50. This would allow the use of a full-facepiece air purifying respirator (APR). This is definitely not an increase in protection; it is a significant reduction of protection.
Why These Concerns Matter
Asbestos remains one of the most hazardous occupational exposures, with no safe level of exposure (according to the World Health Organization (WHO) and the Environmental Protection Agency (EPA)). Respiratory protection is the last line of defense when engineering and work practice controls cannot fully eliminate airborne fibers.
Standards must err on the side of maximum protection, not convenience or cost savings. Removing the HEPA filter requirement, substituting SARs with PAPRs, and PAPRs for full facepiece APRs for high-exposure Class I asbestos work would reduce protection levels at a time when new asbestos exposures still occur daily, and there are questions about whether the current permissible exposure limit is low enough.
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| Respirator Protection Types |
What Are the Key Changes?
Replacing Specific Respirator Types with APF-Based Selection: Instead of mandating exact respirator models, employers will select respirators that meet or exceed required APFs (e.g., minimum APF of 50 or 1,000, depending on exposure scenarios).
Removing Redundant Provisions: OSHA is proposing to eliminate duplicative language in asbestos standards that overlaps with general respiratory protection requirements, simplifying the rules without adding burdens.
Updating Filter Requirements: The current HEPA filter mandate for air-purifying respirators is being reconsidered because NIOSH’s certification has evolved, allowing other certified particulate filters that offer equivalent protection. The fact is that asbestos is not like any other particulate. Because of the aerodynamics of the fiber and the size of the fibers, which can cause disease. N95s do not provide equivalent protection to a HEPA filter.
Training Requirements Streamlined: OSHA intends to reduce duplicative respirator training provisions, relying more on the general respiratory protection standard’s comprehensive training requirements.
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| Asbestos Training Class |
What Is OSHA Seeking From the Public?
OSHA is actively requesting comments on several points, including:
- Concerns about potential decreases in worker safety from these proposed changes.
- Alternative approaches to respirator provisions.
- The practicality and frequency of employees requesting PAPRs.
- Whether removing certain asbestos-specific provisions might lessen protections.
- The appropriateness of lifting the prohibition on filtering facepiece respirators.
- Employers' experiences with duplicative training requirements.
Final Thoughts
We support OSHA’s goal to update asbestos standards to reflect advances in technology and reduce unnecessary compliance burdens. However, changes to respirator requirements must be grounded in solid evidence and prioritize worker health above all.
OSHA’s proposal is a critical opportunity for industry stakeholders to weigh in. We must ensure that any revisions do not erode decades of hard-earned protection for workers facing asbestos hazards.
If you work with asbestos or manage respiratory protection programs, we urge you to review OSHA’s proposal carefully and submit comments highlighting these concerns before the comment period closes on November 1, 2025.
As we celebrate our country's 249th anniversary of the adoption of the Declaration of Independence, recent events have caused us to spend some time reflecting on 37 years of business, and 43 years in the asbestos industry where we started, what’s changed, and what hasn’t. Back then, we relied on beepers, phone cards, and typewriters to keep the wheels turning. New York City Department of Environmental Protection's (NYCDEP's) "Not an Asbestos Project Form ACP5s" had to be ordered and picked up at NYCDEP and were typed by hand. Manuals were several inches thick, and navigating them required patience—and maybe a magnifying glass. Today, we have digital manuals, searchable PDFs, online filing systems (see our Training Library), smartphones that connect us instantly, and ACP5s that are filed online.
Yet despite all the technology and efficiency, the core of our work hasn’t changed: workers still need respirators, still need to take showers after abatement, still need negative pressure in the containment area, and still need to wet materials to keep dust down. The tools have evolved, but the risks and the protocols remain stubbornly the same. And the biggest constant of all? Asbestos is still here.
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| Asbestos Pipe Insulation |
When we first opened our doors, people told us the asbestos problem would be solved in 5 or 10 years. That was the thinking at the time—because how could a substance so toxic, so dangerous, remain legal in any form? (see our blog post "Future Environment Designs Celebrates 30 Years in Business in October. What the heck is SNUR?").
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| The book we wrote after 30 years in business |
Yet here we are, over 40 years later, and we’re still talking about it. Not only has asbestos not been banned, but what we’re now calling a “ban” - specifically, the Environmental Protection Agency’s (EPA's) Part 1 Final Rule on Chrysotile Asbestos - isn’t a ban at all. In addition, the EPA plans to rewrite the Toxic Substances Control Act (TSCA) rule on asbestos, leaving the ban’s status unclear (see Inside EPA).
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| Cobbing Station with chrysotile asbestos |
Let’s be honest: many of you probably read headlines like “EPA Bans Chrysotile Asbestos” and felt a wave of relief. We did too—until we read the rule (see our blog post "Chrysotile Asbestos Banned? More Like Certain Conditions of Use Will Be Eventually Banned!"). The full title tells the real story:
That phrase—“Certain Conditions of Use”—should tell you everything. This isn’t a ban. It’s a regulation of specific uses. The media clearly needs a dictionary, because, by definition, a ban is to prohibit or forbid by legal means. That’s not what this rule does.
What the EPA has issued is a partial phase-out of chrysotile asbestos—one type of asbestos, in some uses, with long timelines, carveouts, and industry exceptions.
And it says nothing about the other types of asbestos: amosite, crocidolite, tremolite, actinolite, anthophyllite, or the Libby amphiboles. None of these are addressed.
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| Asbestos Display Museum of Natural History |
Let’s look closer. The rule is 40 pages long (starting on page 21970 of the Federal Register), but the actual regulatory section is? Just five pages long—starting at page 22005. The rule addresses:
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Chrysotile asbestos diaphragms in the chlor-alkali industry
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Sheet gaskets in chemical production
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Oilfield brake blocks and gaskets
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Aftermarket automotive brakes and linings
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Other vehicle friction products
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Interim workplace controls
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Disposal
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Recordkeeping
Here’s the devil in the details:
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As of May 28, 2024, the manufacture and import of chrysotile asbestos for chlor-alkali diaphragms is prohibited.
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Use of those diaphragms? Not prohibited until May 28, 2029, and even then, with exceptions that allow use until 2036 at certain facilities.
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For sheet gaskets, there’s an exception for titanium dioxide production until May 28, 2029, and for the Savannah River Site until December 31, 2037.
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Aftermarket brake parts and gaskets can still be used if already installed, even though we know from studies (including those on auto mechanics) that exposure during repair work is dangerous.
And if that’s not enough to make you question the strength of this so-called “ban,” remember the Significant New Use Rule (SNUR) issued in 2019. That rule allows companies to petition the EPA for permission to resume using asbestos in dozens of legacy products, including:
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Roofing felts
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Vinyl-asbestos floor tiles
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Electrical paper
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Sealants and coatings
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Beater-add gaskets
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Millboard
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Adhesives
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And more
Think about it: if these materials come back into use, every project involving them will need asbestos inspection and possible abatement. The asbestos abatement industry might never go away—and while that might sound good for business, it’s a horrifying thought for public health.
We find it troubling that while the EPA is creating tighter exposure standards—like their Interim Existing Chemical Exposure Limit (ECEL) of 0.005 f/cc, which is 20 times more protective than the Occupational Safety and Health Administration’s (OSHA's) current limit—they’re simultaneously allowing asbestos to linger in commerce for another decade or more.
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| In 2021, the Committee for Risk Assessment (RAC) prepared an expert opinion for the European Chemical Agency (ECHA) on the scientific evaluation of occupational exposure limits for asbestos |
Even their respirator guidance underscores the danger. EPA is requiring supplied air respirators for exposure levels that OSHA still considers acceptable. That speaks volumes.
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| Supplied Airline Respirator |
And while the EPA sets these rules, they’re also challenging them. Under pressure from industry, the agency recently filed a motion to reconsider its own chrysotile asbestos rule, which will delay full implementation for at least 30 months. That would be a massive setback.
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| In 2009, we interviewed Linda Reinstein on asbestos for my show, Keeping Your Family Safe |
Linda Reinstein, President and Co-Founder of the Asbestos Disease Awareness Organization (ADAO), called it what it is: “a move that puts lives at risk.” Listen to her at Reinstein Notebook “EPA’s Motion & Trump’s Administration Consideration of an Asbestos Ban Reversal”.
Here’s the thing: asbestos kills 40,000 Americans a year. This isn’t just about regulation—it’s about life and death. And that’s why we support ADAO’s fight to pass the Alan Reinstein Ban Asbestos Now Act (ARBAN). This legislation would prohibit the manufacture, processing, use, and distribution of all forms of asbestos in commerce. Period. No loopholes, no exceptions.
We urge you to tell Congress to act. The ADAO has made it easy—use this link to contact your Representatives and Senators and demand a true, complete ban.
Tags: #BanAsbestosNow #ChrysotileMyth #EPARegulations #AsbestosKills #SNUR #TSCA #ARBAN #PublicHealth #AsbestosAbatement #ADAO #37YearsStrong #EnvironmentalJustice #AutoMechanicsAtRisk
The second day of the 2025 Professional Abatement Contractors of New York (PACNY) 28th Annual Environmental Conference at Turning Stone Resort and Casino built on the momentum of Day One, delivering another impressive lineup of speakers, powerful insights, and meaningful conversations that underscored the challenges — and opportunities — in our industry.
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| Russell Vent Introducing New Members of PACNY |
The morning opened with a “PACNY – State of the Union” address delivered by PACNY President Kevin Hutton and Vice President Russell C. Vent. Their presentation outlined the association’s accomplishments over the past year, current legislative concerns, and PACNY’s continued commitment to environmental and worker safety advocacy. Their remarks reinforced PACNY’s role as a vital voice for our industry, especially in times of shifting regulatory landscapes.
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| BJ Fungaroli makes several points about why the Asbestos Industry has 125+ years |
Next up was our Keynote Speaker, BJ Fungaroli, President/CEO of Environmental Holdings Group, LLC, who gave a compelling presentation on “The State of the Asbestos Industry.” BJ didn’t hold back — and he didn’t sugarcoat things either. According to him, the asbestos industry isn’t going away anytime soon. In fact, BJ emphasized that we’re looking at another 125+ years of work, oversight, and regulation, due to the enormous volume of asbestos still present in our building stock and infrastructure. His presentation was a stark reminder of the long-term responsibility that asbestos professionals must continue to shoulder.
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| BJ Fungaroli discussing automation of the Asbestos Industry |
Following BJ’s keynote, Linda Reinstein, Asbestos Disease Awareness Organization, and Brent Kynoch, Environmental Information Association presented “The State of the Asbestos Ban.” Their presentation clarified where things currently stand with the U.S. Environmental Protection Agency's (EPA's) risk evaluation process. While we’ve seen progress with Part 1: Chrysotile asbestos, the bigger challenge lies ahead with Part 2: The Supplemental Evaluation, which will include legacy uses and associated disposal of asbestos-containing materials. This upcoming phase could have far-reaching implications for how asbestos is regulated and managed across the U.S. Because of EPA's footdragging regarding banning all forms of asbestos it is even more important to support the passage of Bicameral Alan Reinstein Ban Asbestos Now Act (S.1069 and H.R. 2402). Linda and Brent’s message was clear: the fight isn’t over, and active industry participation in public comment and advocacy will be critical in shaping the future of asbestos regulation.
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| Brent Kynoch and Linda Reinstein speaking on the Asbestos Ban |
After the morning session, attendees enjoyed a coffee break in the Exhibit Hall, which was buzzing with conversations, new product demos, and vendor networking.
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| NYS Department of Labor (NYSDOL) Presentation and Roundtable Q&A |
We returned to the main conference room for one of the most anticipated segments of the day — the NYS Department of Labor (NYSDOL) Presentation and Roundtable Q&A. This session featured:
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Vincent Rapacciuolo, Deputy Director
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Kirk Fisher, Head of the Asbestos Control Bureau
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Chek Beng Ng, Head of the Engineering Services Unit
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Conor Donnelly, Head of Licensing & Certification
This panel provided critical updates and fielded questions from attendees on a wide range of topics. Among the highlights:
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An overview of NYSDOL’s ongoing rollout of the Management System for Protecting Workers Rights (MPWER) online system for training certificates and variances
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A look at NYSDOL’s pilot use of drone technology to enhance enforcement and inspection efforts
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Clarification on licensing, enforcement priorities, and the department’s approach to fielding variance requests
The roundtable format offered attendees a unique opportunity to engage directly with the regulators shaping policy on the ground — and the PACNY audience took full advantage of it. The conversation was lively, informative, and — at times — refreshingly candid.
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| NYSDOL sent their enforcement staff to attend the conference and meet attendees |
The day concluded with a networking lunch, giving attendees one last chance to connect, reflect on the conference’s content, and strengthen professional relationships. It was the perfect cap to two days filled with insight, energy, and community.
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| Tony Rich & Linda Reinstein visited our booth in the Exhibit Hall! |
Today, April 28, marks the anniversary of the day NIOSH first opened its doors in 1971, following the passage of the Occupational Safety and Health Act of 1970. Congress created NIOSH — the National Institute for Occupational Safety and Health — to "assure so far as possible every working man and woman in the Nation safe and healthful working conditions."
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| Types of Respirators |
For more than half a century, NIOSH has stood as a cornerstone of worker protection. Its research has helped shape critical safety standards for asbestos, silica, lead, heat stress, mental health, and countless other hazards across industries. From construction sites to healthcare settings, from manufacturing floors to environmental consulting offices, NIOSH’s work has been integral to safeguarding the health and lives of American workers.
But this year’s celebration is bittersweet — and frankly, alarming.
In a stunning and deeply concerning move, mass layoffs have gutted key NIOSH research and education programs. Overnight, the agency’s capacity to investigate workplace hazards, develop scientific guidelines, and educate the next generation of safety professionals has been drastically reduced.
The consequences of this cannot be overstated. Without NIOSH’s leadership:
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Standards for silica, a deadly airborne hazard linked to silicosis and lung cancer, are now at risk of stagnating.
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Protections against lead exposure, which affects the brain and nervous system, could weaken.
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Efforts to address heat-related illness, a growing crisis as climate change intensifies, are left vulnerable.
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Momentum around mental health in the workplace, a long-ignored pillar of occupational safety, may lose critical support just when it's finally gaining ground.
Occupational safety and health cannot afford to stand still — and it certainly cannot afford to move backward. Every advance we’ve made — every reduced injury rate, every improved standard, every saved life — was built on a foundation of science, research, and proactive leadership. Without a strong, fully functioning NIOSH, that foundation starts to crack.
Thankfully, the fight to #SaveNIOSH is growing stronger by the day.
American Conference of Governmental Industrial Hygienists (ACGIH) and the American Industrial Hygiene Association (AIHA) are actively advocating through letters, partnerships, and a public #SaveNIOSH campaign. Workers, safety professionals, and the general public are encouraged to use the Voter Voice system to contact legislators, share their support on social media, and help safeguard worker protections that are critical to U.S. health, safety, and economic well-being.
A coalition of 460 organizations is urging Congress to stop the planned layoffs at NIOSH, warning that cutting more than 870 employees would cripple efforts to protect the health and safety of 164 million U.S. workers. These cuts — part of a Department of Health and Human Services (HHS) restructuring set to take effect by June 30 — would devastate critical programs like the National Personal Protective Technology Laboratory, providing info on Firefighter research, services, and health and safety information, and Coal Workers' Health Surveillance Program and other such initiatives.
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| NYC FireFighter |
The coalition emphasizes that NIOSH provides the nation’s only dedicated federal research on preventing workplace injuries and illnesses — losses that cost the U.S. economy more than $250 billion annually.
Lawmakers, including Rep. Bobby Scott (D-VA), are demanding hearings and greater transparency, arguing that gutting NIOSH would not only endanger workers but also undermine decades of public health progress and weaken evidence-based solutions that have saved countless lives.
Protecting NIOSH is not just about preserving an institution — it's about maintaining a safer, healthier workforce and a stronger economy. It’s about continuing the work that has made American workplaces among the safest in the world.
As we mark this important milestone, let’s honor NIOSH’s legacy — not just with words, but with action. Speak up. Get involved. Fight for the future of occupational health and safety.
Because workers deserve better.
The Professional Abatement Contractors of New York's (PACNY's) 28th Annual Environmental Conference started with an action-packed first day (February 28th, 2025) at Turning Stone Casino in Verona, New York, setting the stage for a dynamic exchange of ideas, regulatory updates, and thought leadership. Attendees were treated to a robust lineup of expert speakers covering various critical topics, from asbestos and lead regulations to safety leadership and mental health in the workplace.
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| Frank Ehrenfeld (at the podium) and Tom Laubenthal speaking on the EPA Lead Rule |
The morning session began with side-by-side presentations with Frank Ehrenfield, from Eurofins, and Tom Laubenthal, from TGL Consulting, Inc., delivering an essential update on "The Environmental Protection Agency (EPA) Lead Rule Update from November 2024" in the Mohawk room. Their presentation discussed the EPA's November 2024, published new Lead-Based Paint rules regarding various definitions, dust levels for risk determination, and “clearance” values (which are now called “action levels”). Once again, these values will be lowered to further lower risks to children in pre-1978 target housing and child-occupied facilities. The new dust values are very low to “at reporting limits” (similar to a detection limit for simplicity), and the presentation also described in terms of the difficulties that may exist for some National Lead Laboratory Accreditation Program (NLLAP)-accredited labs, in meeting reporting limits. All stakeholders must read these regulations to understand the details and various applicability dates (see Lead and Environmental Hazards Association (LEHA) fact sheet). While in the Cayuga room, Mary Parish, Principal Worker's Compensation Examiner in the office of the Advocate for Business, presented “Protecting Yourself and Your Team,” shifting the focus to workers' compensation and the legal framework protecting both employers and workers. A key point from her talk was a reminder to make sure you are a certificate holder on your subcontractor's workmen's compensation insurance.
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| Mary Parish speaking about NYS Workmen's Compensation |
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| Anthony DiTucci in the Cayuga room, Ryan Carney (at the Podium), and Dr. David Duford in the Mohawk room |
After a small break in the Vendor Exhibition Hall, Dr. Joe Spurgeon, CIH, followed in the Mohawk room with a targeted presentation, “Write a Mold Assessment Report, Not a Data Report,” emphasizing the need for clear, actionable mold assessment reports. Spurgeon challenged attendees to move beyond merely collecting data and focus on producing comprehensive reports that drive decision-making. Zooming into the Cayuga Room, Dr. Barry Castleman delivered a hard-hitting presentation on the "Saranac Laboratory Coverups for the Asbestos Industry," revealing the historical injustices faced by asbestos victims and how industry efforts were made to downplay the dangers of asbestos exposure.
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| Joe Spurgeon in the Mohawk room and Barry Castleman zooming in the Cayuga room, |
Closing out the morning session in Mohawk room was Steven Smigielski and Sean Fitzgerald, of Encorus Group, who addressed another timely issue in their talk, "Impact of New York State's Building and Energy Code Revisions on Hazardous Material Abatement." They examined how these revisions are shaping hazardous materials management and abatement strategies, giving attendees practical insights into compliance and operational adjustments. Closing the morning session in the Cayuga Room, Megan Beaushemin, of New York State Department of Labor, provided a vital introduction to "NYS Code Rule 59 & 60," offering a comprehensive overview of these key regulations and how they impact worker safety practices and workers' compensation insurance.
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| Steven Smigielski and Sean Fitzgerald in the Mohawk room, and Megan Beauchemin in the Cayuga room |
After a networking lunch, the highlight of the day was undoubtedly the Asbestos Inspections Panel moderated by Angelo Garcia, III, of Future Environment Designs, Inc. This distinguished panel, titled "Asbestos Inspections: EPA, OSHA, NYSDOL, NYCDEP & ASTM. Different Requirements and Goals," brought together leading experts to explore the varying requirements and objectives in asbestos inspections. Tom Laubenthal, of TGL Consulting, Inc., led the discussion with a focus on the American Society of Testing and Materials (ASTM) E2356 standard, offering a technical perspective. Chris Alonge, of the Dormitory Authority of New York (DASNY), presented the building owner's perspective, diving into the importance of thorough inspections to protect occupants and workers. Mr. Alonge shared some of the resources DASNY (click here for the DASNY resource page) provides to environmental consultants and contractors working for DASNY. Marc Rutstein, of Environmental Consulting and Management Services, Inc., shared his insights as a consultant, highlighting the regulatory challenges in NYCDEP and NYSDOL compliance. Finally, Matthew Brooks, of International Asbestos Removal, Inc., wrapped up with a contractor’s view, emphasizing the real-world application and costs of when inspectors don't follow these standards on job sites. The panel then had a discussion regarding the Occupational Safety and Health Administration's (OSHA's) Varga Letter regarding materials containing one percent or less of asbestos and how those materials should be handled.
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| Front Row - Tom Laubenthal & Matthew Brooks Back Row - Chris Alonge, Marc Rutstein, & Angelo Garcia, III |
The afternoon continued with Peter DeLucia, of Riedman Companies, and Mark Wiktorski, of Wonder Windows Showers and Baths, tackling an important but often overlooked topic—mental health. Their presentation, “Breaking the Stigma: Mental Health as a Critical Component of Workplace Safety,” emphasized how breaking the stigma attached to mental health issues is important to maintaining a safe, productive work environment. An important website that promotes mental wellbeing in the workplace from the Construction Industry Alliance for Suicide Prevention.
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| Mark Wiktorski & Peter Delucia (at the Podium) |
Kevin Hutton, of EAST Centers of NY, rounded out the day with a much-anticipated session on "2024 TOP DOL Violations." His presentation gave attendees a close look at the year’s top safety violations, offering key takeaways for improving compliance and reducing risks in the workplace.
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| Kevin Hutton |
The day concluded with a lively happy hour in the exhibition hall, where a record 31 exhibitors were on hand, showcasing the latest products and services in the industry. It was a fitting end to a day full of rich learning and networking opportunities, giving attendees a chance to connect and unwind after a full day of presentations.
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| Always thankful for Sheryl Esposito's (and Matt Desch) presence managing the booth! |
In the construction world, one of the most pressing concerns for worker safety is the potential asbestos exposure. This hazardous material, once commonly used in various building materials for its fire-resistant and other properties, has been linked to serious health risks, including lung cancer, asbestosis, and mesothelioma. Asbestos exposure remains a significant threat, especially in older buildings undergoing renovation or demolition. The Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) have set strict guidelines to minimize this danger, but compliance hinges on one key factor: thorough and accurate asbestos inspections.
To explore the intricacies of asbestos inspections, Angelo Garcia, III of Future Environment Designs, Inc., will be moderating a distinguished panel at PACNY's 2025 Environmental Conference on Thursday, February 27, 2025. The panel will dive deep into the importance and differences in asbestos inspections from various perspectives. This includes Tom Laubenthal of TGL Consulting and ASTM E2356 Chairman, who will discuss the ASTM asbestos inspection standard, Chris Alonge now with Dormitory Authority of the State of New York (DASNY) who will provide insights from an owner's perspective, Marc Rutstein from Environmental Consulting & Management Services, who will offer a consultant's viewpoint and highlight the differences between NYCDEP and NYSDOL inspections, and Matt Brooks from International Asbestos Removal (IAR), who will speak on the contractor’s perspective.
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| Asbestos pipe insulation with fitting insulation |
Asbestos inspections play a vital role in identifying materials that may contain asbestos before they are disturbed. This proactive approach not only prevents worker exposure but also ensures that proper abatement procedures are followed. A well-executed asbestos inspection is the first line of defense against the release of airborne asbestos fibers, which can be deadly when inhaled.
Understanding the Importance of Homogeneous Areas
At the heart of every asbestos inspection is the process of determining whether a material is classified as a surfacing material, thermal system insulation, or miscellaneous material. Once the material type is identified, the inspector must establish whether the materials are homogeneous. According to the EPA’s Asbestos Hazard Emergency Response Act (AHERA), a homogeneous area is defined as one where the material is uniform in color and texture.
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| Floor tiles and numerous homogeneous areas |
However, that is not the only definition of homogeneous area/material. For example, the American Society for Testing and Materials (ASTM) has established a Standard Practice for Comprehensive Asbestos Surveys (ASTM E2356-18) in this standard the definition of homogeneous area is surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture and apparent or known date of installation. The other definitions that are used by inspectors also include some reference to installation or formulation in addition to color and texture. This classification is crucial because it informs the number of samples that must be taken to accurately assess the presence of asbestos.
Sampling Procedures: The Foundation of a Successful Inspection
For surfacing materials, the size of the homogeneous area directly influences the number of samples needed. Under the EPA’s guidelines, inspectors follow the “3-5-7 rule.” This means that three samples are required for areas smaller than 1,000 square feet, five samples for areas between 1,000 and 5,000 square feet, and seven samples for areas larger than 5,000 square feet. Additionally, the EPA’s “Pink Book,” formally known as Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials, recommends taking nine samples per homogeneous area, regardless of the square footage, for increased accuracy.
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| Asbestos Fireproofing |
For thermal system insulation, the process differs slightly. Inspectors must determine if the material is homogeneous, patch material, or material used on fittings like elbows and valves. Homogeneous areas of thermal system insulation require three samples, while patch materials smaller than six linear or square feet only need one sample (the only time one sample is allowed). Cement or plaster used on fittings must be sampled based on the specific mechanical system in question, and a minimum of two samples is required for each system. However, the EPA in A Guide to Performing Reinspections Under AHERA strongly advises taking at least three samples in larger homogeneous areas, even if regulations don't mandate it.
For materials such as joint compound and add-on materials, however, the EPA’s “Asbestos Sampling Bulletin dated September 30, 1994” specifies that three samples are required for each material. These distinctions are critical for asbestos inspectors to ensure compliance and accuracy in their assessments (see our original blog post on asbestos surveys).
In May 2007, the EPA provided important clarification on sampling requirements. Mr. Chris Alonge, at the time, was working for New York State Department of Labor (NYSDOL) and he requested clarification regarding the number of samples that should be taken for each suspect asbestos-containing homogeneous miscellaneous material. The clarification was distributed by the Professional Abatement Contractors of New York (PACNY) in November 2007. According to this clarification, the minimum number of samples that should be taken of miscellaneous materials (i.e., floor tiles, roofing, caulk, ceiling tiles) is two (see our original blog post on this issue).
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| Respirator and protective clothing should be worn by the inspector during sampling |
Following proper sampling protocols is crucial because asbestos is considered present if any one of the samples from a homogeneous area contains more than 1% asbestos. Conversely, if all samples return asbestos concentrations at or below 1%, the area is deemed asbestos-free—though it’s important to remember that materials containing 1% or less of asbestos are still regulated under OSHA’s asbestos standard (see the Varga letter).
The Legal and Health Implications of Incomplete Inspections
Inadequate or incorrect asbestos inspections can have severe consequences. From a legal standpoint, failing to adhere to EPA and OSHA regulations can result in hefty fines and penalties. Remember neither regulation has a specific end date for buildings not containing asbestos (see our post Is There an Appropriate End Date for Asbestos Use?). More importantly, from a health perspective, improperly identifying or failing to identify asbestos-containing materials (ACMs) can expose construction workers to dangerous fibers, leading to long-term health problems. Given that asbestos-related diseases may take decades to develop, the human cost of negligent inspections can be devastating.
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| The closet door with asbestos core was cut without any precautions costing over $30,000 to clean up the contamination. |
Mr. Tom Laubenthal wrote EPA in November 2014 regarding The Standard Practice for Comprehensive Asbestos Surveys (ASTM E2356-18) Pre-Construction Survey (section 8 of the standard) meeting the requirement under National Emissions Standards of Hazardous Air Pollutants (NESHAPS) of a thorough inspection. EPA responded that they would expect an owner/operator to follow the steps in Sections 1 through 5 and Section 8 to comply with the NESHAPS regulation. This standard provides a framework for conducting thorough asbestos inspections, particularly in pre-construction scenarios, ensuring that no asbestos-containing material goes unnoticed.
Conclusion: The Essential Role of Inspections
Asbestos inspections are the cornerstone of any effort to protect workers from exposure to this hazardous material. By adhering to the EPA’s and OSHA’s strict sampling and inspection guidelines, inspectors can identify asbestos-containing materials before they are disturbed, reducing the risk of airborne fibers and subsequent health issues. Given the serious implications of asbestos exposure, thorough inspections are not just a regulatory requirement—they are a moral imperative in safeguarding the health and well-being of workers.
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| Asbestos Floor Tiles disturbed before identification led to a clean-up costing over $250,000 |
In the end, the responsibility lies with all stakeholders—building owners, contractors, and asbestos inspectors alike—to ensure that every construction or renovation project is free from asbestos hazards. As inspectors, staying current on regulations, maintaining rigorous sampling standards, and educating clients on the risks and regulations associated with asbestos are critical components in this ongoing battle against a deadly substance.
The asbestos inspection panel promises to be an invaluable session for professionals across the construction, consulting, and regulatory industries. With these diverse viewpoints, we aim to shed light on the critical role inspections play in protecting workers and ensuring compliance with ever-evolving asbestos regulations. Asbestos inspections are not just about checking boxes—they are about saving lives.
