Child Care Centers: Interim Guidance for Conducting
Indoor Environmental Health Assessments

New Regulatory Requirements

An emergency amendment was recently made to N.J.A.C. 10:122-5.2(i), by the Departments of Children and Families (DCF), Health and Senior Services (DHSS), Environmental Protection (DEP) and Community Affairs (DCA).  This amendment was made due to concerns which arose after environmental contaminants were discovered in a child care center which had been in operation for two years in Gloucester County.  Per those regulations, a written certification must be submitted with any first time or renewal application which indicates that the building housing the child care center was not previously used in a way which poses an environmental health concern.  As such, it will be necessary for child care center owners/operators to have an Indoor Environmental Health Assessment (IEHA) conducted of their facility. 

The purpose of this document is to help guide child care center owners/operators through the process of hiring a qualified consultant, having an IEHA of their child care center conducted and having that assessment reviewed by the DHSS. 

What is an Indoor Environmental Health Assessment (IEHA)?

An IEHA is an evaluation conducted to assess conditions inside of a building which may impact the health of its occupants.  The assessment must evaluate the whole indoor environment; not just indoor air.  The use of air sampling alone must not be relied upon to conduct a thorough IEHA.  The IEHA includes an evaluation of the historical uses and operations in the building as well as current activities which may impact the indoor environment. 

What are the first steps for conducting an IEHA?

Step1:   Evaluation of the building’s historical use

Understanding the previous uses of the building is an essential component of the IEHA.  Residual contaminants such as polychlorinated biphenyls (PCBs), petroleum products, solvents, metals such as mercury and lead or other chemical compounds may have been used by previous companies that occupied the building.  Residual contaminants may pose an increased exposure risk to the children and staff occupying the child care center.  If the review of the building’s history indicates that residual chemical compounds from a previous activity in the building or other environmental contamination are a potential concern, then further onsite evaluation must be conducted.

Step 2:  Evaluation of current activities and conditions

Current activities and conditions in and around the child care center must also be evaluated.  Adjacent businesses within the building or complex may have operations which could impact the child care center.  Businesses such as nail salons, dry cleaners or shoe repair services use chemicals which have the potential to be released during their normal course of operations.  There may be pathways within the building or complex which could allow fugitive emissions from these business operations to impact the indoor environment of the child care center.  These chemicals and pathways must be evaluated as part of the IEHA.

Step 3:  Evaluation of other environmental concerns

An evaluation of nearby businesses and their operations may also be necessary to assess conditions which may impact the indoor environment of the child care center.  Gas stations or other businesses that utilize large underground storage tanks within close proximity to child care centers may pose an increased risk.  Previous underground tank leaks may have allowed stored product to escape resulting in contamination of the soil and groundwater.  The contaminant plume could travel and potentially impact the child care center by vapor intrusion pathways.

What procedures should be followed when performing an IEHA?

To conduct an IEHA in a building or complex as described above, an investigation which follows the procedures outlined in the Technical Requirements for Site Remediation (N.J.A.C. 7:26E) and/or the Standard Practice for Environmental Site Assessments: PHASE I Environmental Site Assessment Process (ASTM Standard E1527-05) or an equivalent method, is recommended.  Information obtained utilizing these procedures will determine the next steps, if any, which will need to be completed.

Additionally, the DHSS has developed the Child Care Center – Indoor Environmental Health Assessment “Checklist For Environmental Consultants”. This checklist outlines minimum information which must be submitted to the DHSS for review. When conducting the IEHA, the checklist must be referenced to ensure that the procedures being used for the IEHA will provide all the information to be submitted to the DHSS.

It is also important to understand that certain businesses or operations may not be subject to the Technical Requirements for Site Remediation, the Industrial Site Recovery Act (ISRA) or any state environmental regulations. Simply because environmental laws do not regulate the site or building does not mean that there are no potential contaminants of concern on the property. For example, ISRA applicability determinations performed by the DEP make no representation as to the environmental conditions of the building or property. Therefore a determination that the

Advisory Regarding IEHA Procedures

The DHSS has outlined minimum procedures to help identify areas of environmental concern which may impact the indoor environment of child care centers.  These procedures are not meant to be a complete list of procedures or techniques that may be utilized for determining the presence or extent of environmental contaminants which may be present in a building or complex.  Further investigation and/or the use of additional protocols may be required to ensure that hidden or otherwise undetected contamination is identified in the building or complex prior to approval as a child care center.  Based on their experience, environmental consultants conducting the IEHA for child care operators may use their discretion to determine if any other investigative procedures are necessary.  The DHSS is available for consultation on any procedures used when conducting an IEHA.

Is sampling required to be performed as part of the IEHA?

Prior to contracting to have an IEHA conducted, the DHSS should be contacted to determine what, if any sampling should be performed.

Sampling is not required but may be necessary as part of the IEHA.  If sampling is performed, it should not be the first step in conducting the IEHA.  Sampling should be performed if there is a concern that contaminants identified during the IEHA may be impacting the indoor environment of the child care center.  The sampling conducted must be based on the information obtained during the IEHA.  Sampling may include wipe samples, dust samples, bulk samples or air samples.  The environmental consultant will recommend the appropriate samples to be collected in order to assess the conditions in the building or complex.

Child care centers that are co-located in a building or other structure that contains a dry cleaner or nail salon must obtain indoor air sampling that demonstrates that there is no impact to the child care center.

Hiring an IEHA Consultant

The DHSS does not currently have a certification program for consultants who perform IEHA work.  However, there are licensing requirements for individuals conducting radon, asbestos and lead-based paint inspections/assessments.  When contracting for services which include radon, lead-based paint or asbestos, you must ensure that your consultant has currently valid certifications to perform these types of inspections.

Although the DHSS cannot recommend a consultant for services, we do recommend child care operators ask questions to prospective consultants related to the information provided below.  The answers to these questions should enable you to make an informed decision on hiring a consultant.  Child care operators should also ask for and contact references provided by consultants.  Child care operators may also want to request resumes, training certificates (ie. Indoor Air Quality Association, certifications, and proof of insurance.

In an effort to assist the public in locating businesses that conduct this type of work, the DHSS has compiled a listing of environmental consultants that may provide IEHA services.  Please be aware that some of these firms may have limited expertise and provide services for only one environmental concern, such as asbestos, lead-based paint, mold, etc.  The DHSS has reviewed the background, education and experience of these firms to ensure that minimal qualifications were obtained for the services offered to New Jersey residents.  However, the DHSS recommends that, until a state certification program exists, child care operators should obtain services from consultants with extensive and comprehensive experience and training.  Consultants with advanced degrees (MS, PhD) or certifications such as a Certified Industrial Hygienist (CIH) are also recommended.

In order to be qualified to conduct an IEHA, consultants must have a thorough understanding of the following:

• N.J.A.C. 10:122-5.2(i) Physical Plant Requirements for All Centers, DCF, Office of Licensing regulations



• Principles of industrial hygiene:
  American Industrial Hygiene Association
  American Conference of Governmental Industrial Hygienist



• DEP - Vapor Intrusion Guidance



• NIOSH analytical methods



• Department of Environmental Protection Regulations entitled: Technical Requirements for Site Remediation – N.J.A.C. 7:26E
  
  
• Department of Environmental Protection Field Sampling & Procedures Manual



• E1527-05 Standard Practice for Environmental Site Assessments: PHASE I Environmental Site Assessment Process (ASTM Standard)



• Procedures outlined in the OSHA Technical Manual



• DHSS reporting requirements (see next section)

Reporting the results of the IEHA

Results of the IEHA must be presented in a clearly written report which includes the following, as referenced in the “Checklist For Environmental Consultants”:

• Summary of the site or building history and uses
• Identification of all chemicals, contaminants and areas of concern from previous uses of the site or building
• Current conditions and uses of the child care center site or building
• Assessment of adjacent businesses which could impact the child care center
• Assessment of businesses in close proximity which could impact the child care center
• Identification of all current chemicals, contaminants and areas of concern in the child care center or in adjacent/proximate businesses
• Strategy and/or procedure(s) that were used for the investigation of the indoor environment
• Sampling strategies, including methods for each contaminant assessed
• Potential for vapor intrusion
• Quality control procedures
• Site drawings that identify the proposed/existing child care center and areas or businesses of concern
• Site drawings that identify sampling and assessment locations
• Summary of the methods used for the analysis of samples
• Summary of all sampling results
• Analytical laboratory reports
• Sample chain of custody documents
• Field sampling forms
• Determination of the need for additional sampling or follow-up at a later date
• Summary of IEHA findings and recommendations on occupancy and/or licensing

It is preferred that reports be submitted in electronic form on a CD utilizing Microsoft Word, WordPerfect or Adobe software.  Any documents such as maps or drawings that cannot be part of the electronic submission may be provided in hardcopy along with the CD.

What happens after completing the IEHA?

Once the assessment is complete and the consultant certifies that the child care center does not pose an environmental health risk to the building occupants, that certification as well as information on the assessment must be submitted to the DHSS for review and approval.  The DHSS will provide documentation that the facility has been approved which can be submitted to the DCF with their child care center application.

Questions:

For further information regarding IEHAs or the submission/review process, please refer to Indoor Environments contact page.