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Environmental Archive, 11/1/02 and later: 11/19 Proposed PA Resolution

Resolution to be considered at PA General Meeting November 19, 2002

Whereas, based on air testing done throughout 2001-02 , the EPA,DOH, and DEP concluded that clean up efforts at Stuyvesant were sufficient to protect the health and safety of the students, teachers and staff in the building, and

Whereas concerns remain that asbestos testing done by the DOE does not give adequate assurance that the auditorium seats are free of consequential asbestos contamination, and

Whereas the PA's consultants have indicated that they believe more testing of the seats is warranted, and

Whereas, based on advice from the EPA, the DEP, and the DOH that ultrasonication and microvacuum sampling "are not relevant or valid indicators of the potential for asbestos fibers to be released into the air or of the potential risk of exposure," the DOE refused a PA request to perform ultrasonication or microvacuum testing, and

Whereas, the EPA, DEP and DOH have indicated that the best method for evaluating risk of exposure to asbestos is by aggressive air monitoring following AHERA protocols, and

Whereas the PA consultants, understanding DOE reservations with respect to the use of microvacuum and/or ultrasonication testing in the absence of any regulatory standards for evaluating results, have recommended that, at a minimum, modified aggressive air monitoring be employed to assess the potential that any asbestos present in the upholstery become airborne, and

Whereas the DOE has expressed willingness to do further testing of the auditorium using a method modeled on one developed in conjunction with the UFT this summer, and

Whereas, the PA consultants have indicated that the aforementioned sample results are encouraging, and

Whereas the PA consultants have indicated that if similar testing were conducted under their supervision whereby more samples were taken (employing vacuums as well) and all results were below 70 asbestos structures/mm2, said results would be a "good indicator that the seats do not require remediation", and

Whereas the DOE has agreed to conduct such testing under the observation of the PA consultants, and

Whereas the DOE has indicated that it will perform these tests only with the understanding that if the seats do not show levels of asbestos equal to or exceeding AHERA standards (70 structures/mm2) that the PA will consider cleanup of the 9/11 related contamination complete, and

Whereas the PA consultants have stated that there are no other areas of significant concern relating to the summer clean-up of the school in the aftermath of 9/11/01, and

    Whereas the PA Executive Board, acting on a recommendation of the majority PA Health and Safety Committee (4-1) voted to recommend (by a vote of 15-11-1) that its environmental consultants, Howard Bader and Tom Fusillo
  1. Develop in conjunction with the DOE a protocol for testing the auditorium seats,
  2. Observe the testing in a manner they (consultants) deem appropriate,
  3. Evaluate the results of the testing

If the testing demonstrates an asbestos risk, the PA Board will expect the DOE to ensure removal and replacement of seats according to asbestos abatement protocols. If the testing demonstrates that asbestos levels of all samples are lower than the AHERA clearance level of 70 structures/mm2, the PA Board may express their satisfaction with the Summer 2002 lead and asbestos cleanup of Stuyvesant,

THEREFORE, BE IT RESOLVED, that

    The PA consultants, Howard Bader and Tom Fusillo are instructed to
  1. Develop in conjunction with the DOE, a protocol for testing the auditorium seats.
  2. Observe the testing in a manner that they (consultants) deem appropriate.
  3. Evaluate the results of the testing.

If the testing demonstrates an asbestos risk, the PA will expect the DOE to ensure removal and replacement of the seats according to asbestos abatement protocols. If the testing demonstrates that asbestos levels of all samples are lower than the AHERA standard of 70 asbestos structures/mm2, the PA may consider the Summer 2002 lead and asbestos cleanup of Stuyvesant High School completed.

Glossary of terms:
AHERA Asbestos Hazard Emergency Response Act
EPA(USEPA) United States Environmental Protection Agency
DEP(NCYDEP) New York City Department of Environmental Protection
DOH(NYCDOH) New York City Department of Health
DOE Department of Education
UFT United Federation of Teachers



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e-mail: stuysueh@yahoo.com


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