Do you own or manage a property with a New York City E-Designation for which the remediation program included engineering or institutional controls? The New York City Office of Environmental Remediation (OER) has issued a proposed rule regarding enforcement of their requirement for periodic inspections and certification reporting. The public comment period is open until October 28, 2022, and a virtual public hearing on the proposed rule will be held at 11:00 AM on October 28, 2022. Information on the proposed rule and the public hearing can be found here.
Of particular interest to owners/managers of properties with a Site Management Plan (SMP) that requires periodic inspection and reporting, the proposed rule requires that active and passive remediation/mitigation systems be inspected and certified by a Qualified Environmental Professional (QEP) on an annual basis (unless an alternate frequency is provided in the SMP or has been approved by OER). In cases where the only control is an institutional control on the use of the property or a physical barrier/cover, the certification may be made by the property owner. A written report documenting the inspection and certifying that the engineering/institutional controls remain effective, must be submitted to OER. The proposed rule also establishes civil penalties of up to $20,000 (with a minimum penalty of $10,000) for failure to submit the required report.
Athenica’s staff includes several QEPs, and we can assist you to stay in compliance, by conducting the required certification and submitting the required report on your behalf, even if we did not design or install the engineering control systems for you. Please contact Kenneth Wenz, Senior Project Manager in our HazMat division, for more information.
Athenica has been retained to provide assistance with asbestos management activities at the TechCity Superfund Site, located in Kingston, Ulster County, New York (Site). The Site is part of a former manufacturing facility, and is located near residential areas and athletic fields used by a children’s soccer league. According to Senator Charles Schumer, remediation and redevelopment of the TechCity Site is considered to be “a critical part of rebuilding the Hudson Valley’s infrastructure, improving public health, and creating jobs”. Improper asbestos abatement by the previous Site owner in 2015 produced asbestos releases (resulting in criminal prosecutions, jail sentences/probation, and financial penalties/restitution), and the project was halted by New York State in August 2016 due to multiple violations of State and Federal laws and regulations. Since May 2017, the U.S. Environmental Protection Agency (USEPA) has implemented several interim measures at the Site to manage significant public health threats, and in December 2019, determined that the Site would be addressed via a Removal Action under the federal Superfund program. The current owner acquired the Site in June 2022, and entered into an agreement with the USEPA to properly complete the asbestos remediation at the Site, including abatement of friable asbestos within the remaining building and removal of three existing piles of asbestos-containing material (ACM) generated during the 2015 building demolition activities.
Athenica was engaged by the current Site owner to provide sampling coordination, data analytics, and independent air monitoring services at the Site. Our responsibilities include coordinating, assessing, and managing additional disposal characterization samples and data; preparing an Air Monitoring Plan that outlines the specific procedures, action levels, and response actions to be utilized to ensure protection of the surrounding community during completion of the Site remediation; continuous monitoring for particulate matter/dust at one upwind location and two downwind locations during disturbance/removal of the stockpiled ACM; asbestos monitoring within, and at the perimeter of, the abatement work zone, during activities that can potentially result in releases of airborne particulates and/or asbestos (e.g., loading of ACM, stockpile relocation, excavation or loading of building debris, asbestos abatement work, etc.); and preparing daily monitoring reports for submittal to the USEPA and the New York State Department of Labor.
Is asbestos, lead-based paint, or mold a potential concern for your building? Please contact Albert Sikorski, Senior Project Manager in our Industrial Hygiene division, for information on how Athenica’s 35 years of experience can assist you.
