Part 56 of Title 12 of the
Official Compilation of Codes,
Rules and Regulations of the State
of
(Cited as 12 NYCRR Part 56)
As Amended
Effective March 21, 2007
State of New York
Department of Labor
CR 56 (4-07)
TABLE OF CONTENTS
SUBPART 56-1 GENERAL PROVISIONS
56-1.2 Purpose and Intent of Part.
56-1.4 Multi-employer Worksites.
56-1.5 Responsibility for Cleanup of Uncontrolled
Disturbance.
56-3.1 Licensing Requirements and Procedures.
56-3.2
Certification Requirements and Procedures.
56-3.3
Replacement of Licenses and Certificates.
56-3.4
Notice and Record-keeping Requirements.
56-3.5
Emergency Asbestos Project Notification.
56-3.6
Notification of Residential and Business Occupants.
SUBPART
56-4 GENERAL PROJECT AIR SAMPLING &
LAB ANALYSIS REQUIREMENTS
56-4.1 Qualifications of Air Sampling Personnel.
56-4.2 Laboratory Certification.
56-4.3
Independent Third Party Sampling and Analysis.
56-4.4 Asbestos Contractors Allowed to Perform
Project Air Sampling on an Asbestos Project.
56-4.7
Air Sampling Equipment.
56-4.8 Area Air Sample Analysis and Results –
General Requirements.
56-4.9
Number and Location of Samples Required
56-4.10 Work Stoppage Criteria During Phase II A
through II C.
56-4.11
Phase II C Satisfactory Clearance Air Sample Results Criteria.
56-4.12
Unsatisfactory Clearance Air Sample Results.
SUBPART
56-5 PHASE IA: ASBESTOS SURVEY PLANNING AND DESIGN
56-5.1
Asbestos Survey Requirements
SUBPART
56-6 PHASE 1B: BACKGROUND AIR SAMPLING
56-6.2 Number and Location of Background Air
Samples.
56-6.3 Establishment of Background Level.
SUBPART
56-7 PHASE II A WORK AREA PREPARATION
56-7.1 Air Sampling Requirements.
56-7.2 Materials and Equipment.
56-7.3 Asbestos Abatement Contractor Daily Project
Log.
56-7.4 Establishing Each Regulated Abatement Work
Area.
56-7.5 Personal and Waste Decontamination System
Enclosures
(b)
Personal Decontamination System Enclosure - Large Project.
(c) Personal Decontamination System Enclosure -
Small Project.
(d) Remote
Personal Decontamination System Enclosure.
(e) Waste
Decontamination System Enclosure - Large & Small Projects.
(f) Waste
Decontamination System Enclosure – When Remote Personal Is Allowed.
56-7.6 Personal Protection Equipment (PPE).
56-7.9 Heating, Ventilation, and Air Conditioning
(HVAC) Systems
56-7.10 Regulated Abatement Work Area Pre-Cleaning.
56-7.11 Regulated Abatement Work Area Enclosure.
(c) Removal of Mounted Objects.
(d) Elevator Shutdown or Isolation.
(e) Floor,
Wall & Ceiling Plasticizing and Sealing.
(f) Barrier/Plasticizing
Exemptions.
(1) Negative
Pressure Tent Regulated Abatement Work Area Enclosure.
(2) Fire-Retardant Spray Plastic.
(4) Removal
of Ceilings and Components.
SUBPART
56-8 PHASE II B ASBESTOS ABATEMENT
56-8.1 Air Sampling Requirements.
56-8.2 Access to & Maintenance of Decon. Systems
& Regulated Abatement Work Area Enclosures.
56-8.3 Regulated Abatement Work Area Entry and Exit
Procedures.
56-8.4 Handling and Removal Procedures.
56-8.5 Waste Clean-Up Procedures.
56-8.6 Multiple Removals within a Single Regulated
Abatement Work Area.
56-8.7 Encapsulation Procedures.
56-8.8 Asbestos Material Encasement/Enclosure
Procedures.
56-8.9 Equipment and Waste Container Decontamination
and Removal Procedures.
SUBPART
56-9 PHASE II C FINAL CLEANING AND
CLEARANCE PROCEDURES
56-9.1 Final Cleaning Procedures.
56-9.2 Air Sampling Requirements.
(c) Exemption From Daily Air Sampling.
(e)
Exemption From Clearance Air Sampling.
(f)
Satisfactory Clearance Air Sample Results.
(g)
Unsatisfactory Clearance Air Sample Results.
56-9.3 Dismantling of Regulated Abatement Work Area.
SUBPART
56-10 PHASE II D FINAL WASTE REMOVAL
FROM SITE REQUIREMENTS.
56-10.1 Air Sampling Requirements.
(a) Satisfactory Clearance Air Results.
56-10.2
Removal of Tools and Equipment.
56-10.3
Removal of Remote Decontamination Enclosure.
56-10.4 Removal of Waste from the Site.
SUBPART
56-11 SPECIAL PROJECTS
56-11.3 Minor Asbestos Projects.
56-11.4 Pre-Demolition Asbestos Abatement Projects.
56-11.5 Controlled Demolition with Asbestos in Place.
56-11.7 Non-friable Flooring and/or Mastic Removal.
56-11.8 Abandoned Pipe/Duct/Conduit Wrap and Cut
Removal.
56-12.3 Applicable Variances (AVs).
56-1.1
Title and
Citation. Within and for the
purposes of the Department of Labor, this Part may be known as Industrial Code
Rule 56, relating to hazards to the public safety and health, during the
removal, encapsulation, enclosure, repair, or the disturbance of friable and
non-friable asbestos, or any handling of asbestos material that may result in
the release of asbestos fiber. It may be
cited as Rule 56 Asbestos as an alternative and without prejudice to its
designation and citation established by the Secretary of State.
56-1.2
Purpose and Intent of Part.
(a)
Legislative Concern. The legislature has declared that exposure to
asbestos fibers, a known carcinogenic agent, creates a serious risk to the
public safety and health and that the public is more frequently exposed to
these risks as a result of an increasing number of rehabilitation,
reconstruction and demolition projects on buildings or structures containing
asbestos or asbestos materials.
(b)
Purpose and Intent. It
is the purpose and intent of this Part to reduce the risks to the public
associated with exposure to asbestos and to conform to Federal requirements set
forth in the Asbestos Hazard Emergency Response Act (AHERA), National Emission
Standards for Hazardous Air Pollutants (NESHAP) and Occupational Safety and
Health Administration (OSHA) Asbestos Standard for the Construction Industry,
by requiring appropriate training and certification of persons employed in all
aspects of an asbestos project, as well as those who supervise and employ them;
by requiring the licensing of asbestos contractors; by setting forth standards
and procedures that shall be followed when removing, enclosing, encapsulating,
repairing, or disturbing friable or non-friable asbestos or handling asbestos
or asbestos materials in a manner which may result in the release of asbestos
fiber; by requiring notification of the Department of Labor prior to
commencement of Large asbestos projects; by requiring notification of
building/structure occupants; by requiring asbestos surveys; by setting forth
record-keeping and reporting requirements for asbestos contractors; and by
establishing an inspection and enforcement program within the Department of
Labor.
56-1.3
Application. This Part shall
apply throughout the State of New York to the State, any political subdivision
of the State, public authorities, or any other governmental agencies or
instrumentalities thereof, self-employed persons, companies, unincorporated
associations, firms, partnerships or corporations, and any owners or operators
thereof, which engage in an asbestos project, retain sub-contractors to engage
in an asbestos project, or employ persons in the conduct of any phase of an
asbestos project, including planning, design, monitoring, sampling, inspection,
or actual abatement. This Part shall not
apply to:
(a)
owner-occupied single
family dwellings, where the owner performs the work.
(b)
the manufacture of
asbestos or asbestos material, or to manufacturing processes involving the use
of asbestos or asbestos material.
56-1.4
Multi-employer
Worksites.
(a)
All asbestos abatement
contractors on a demolition, renovation, remodeling, or repair project, which
includes work covered by this Part, shall inform all employers on the work site
about the nature of their work, as well as the PACM, ACM and asbestos material
(known and assumed) at the work site.
The asbestos abatement contractor shall inform all non-asbestos
contractors at the work site that disturbance of PACM, ACM and asbestos
material (known and assumed) is prohibited by any employer other than a
licensed asbestos contractor.
(b)
The asbestos abatement
contractor shall notify the building/structure owner and all employers and
occupants located in areas adjacent to a Phase II regulated abatement work
area, of the following occurrences: all elevated air sample results, work
stoppage and barrier inspection/repairs completed as required by Section
56-4.10 of this Part. This notification
shall be made on the same calendar day that the asbestos abatement contractor
is notified by the air monitor of elevated air sample results.
(c)
All non-asbestos
contractors on a demolition, renovation, remodeling, or repair project, which
includes work covered by this Part, are responsible to notify the building
owner or their representative, upon discovery of PACM or suspect miscellaneous
ACM that has not been identified by the asbestos survey per this Part, or has
not been identified by other inspections as per current OSHA or EPA
requirements. The presence, location,
and quantity of newly discovered material, shall be conveyed within twenty-four
(24) hours of discovery to the building owner or their representative, as well
as to all other employers at the work site.
All activities shall cease in the area where the PACM or suspect
miscellaneous ACM is found, until a licensed asbestos contractor appropriately
assesses and handles the discovered materials.
Disturbance of PACM, ACM and asbestos material (known and assumed) at
the work site, is prohibited by any non-asbestos contractor.
(d)
Prior to commencement
of any demolition, renovation, remodeling or repair project, which includes
work covered by this part, the building owner or their designated representative
shall inform all employers reasonably expected to be at the work site during
the project, about the presence, location and quantity of PACM, ACM and
asbestos material (known and assumed) within the portion of their building or
structure impacted by the project.
(e)
All contractors
performing a supervisory role on a demolition, renovation, remodeling or repair
project, that includes work covered by this Part, shall prohibit disturbance of
PACM, ACM or asbestos material (known or assumed) by non-asbestos contractors
at the work site under their direct supervision and control, and shall require
all asbestos contractors at the work site under their direct supervision and
control to be in compliance with this Part.
56-1.5
Responsibility
for Cleanup of Uncontrolled Disturbance. If there is an incidental disturbance or other disturbance (not as
part of a controlled asbestos project) of ACM, PACM, asbestos material, or
suspect miscellaneous ACM assumed to be ACM at a building or structure, upon
discovery of the disturbance, the property owner shall be responsible for
contracting with a licensed asbestos contractor for immediate isolation of the
disturbance and cleanup in accordance with all provisions of this Part.
56-1.6
Other Codes. All other Codes shall apply, including but not limited to,
“The New York State Uniform Fire Prevention and Building Code” or its
successor.
56-2.1
Terms. As used in
or in connection with this Part, the following terms mean:
(a)
Abatement. Any portion of an asbestos
project that includes procedures to control fiber release from asbestos
containing material. This includes
removal, encapsulation, enclosure, repair, or handling of asbestos material
that may result in the release of asbestos fiber.
(b)
Accepted Methods/Methodologies. Procedures,
regulations, or standards, which are published by recognized standards
organizations (e.g. NIOSH, ASTM, ANSI), or are included within federal, state
or local governmental regulations (e.g. OSHA, USEPA).
(c)
Active
Project. A project becomes active when construction of the personal
decontamination unit is required to be commenced, or when ACM, PACM or asbestos
material is disturbed, whichever comes first, and is considered active until
completion of Phase IID, unless, in response to a written request, permission
is granted by the Department of Labor Engineering Services Unit to suspend the
work on the project for a specified time period.
(d)
Additional Contractual Work. Additional
asbestos abatement work not originally included within the NYS DOL asbestos
project notification.
(e)
Adequately Wet. Sufficiently mix or penetrate a material with
amended water to prevent the release of visible emissions. If visible emissions are observed coming from
asbestos-containing material, then the material has not been adequately wetted.
(f)
Aggressive Air Sampling. An accepted method
of sampling in which mechanical equipment is used before and during the
sampling period to stir up settled dust/asbestos fibers.
(g)
Agricultural Building/Structure. A building/structure
which is or was used exclusively for agricultural or horticultural
activity. This definition does not
include converted structures or buildings currently used for residential
purposes or the processing or retail merchandising of agricultural or
horticultural commodities.
(h)
Airlock. A system for
permitting entrance and exit, while restricting air movement, between a
contaminated area and an uncontaminated area.
(i)
Air Sampling. The process of
measuring the fiber content of a known volume of air collected during a
specific period of time, using accepted methodologies.
(j)
Ambient Air Sampling. A method of
sampling by which an air sample is collected outside the regulated abatement
work area, and is collected without the use of aggressive air sampling
techniques.
(k)
Amended Water. Water to which a
surfactant has been added.
(l)
Approved Asbestos Safety
Training Program. A program, approved by the New York State
Commissioner of Health, providing training in the various disciplines that may
be involved in an asbestos project.
(m)
Asbestos. Any naturally
occurring hydrated mineral silicate separable into commercially usable fibers,
including chrysotile (serpentine), amosite (cumingtonite-grunerite),
crocidolite (riebeckite), tremolite, anthophyllite and actinolite.
(n)
Asbestos Abatement Contractor. An asbestos
contractor who performs abatement during an asbestos project or employs persons
performing such abatement.
(o)
Asbestos Abatement Contractor
Daily Project Log. A bound daily narrative journal maintained by
the asbestos abatement contractor, which contains a synopsis of all pertinent
events that occur throughout Phase II of the asbestos project.
(p)
Asbestos Containing
Material (ACM). Any material containing greater than one
percent (1%) of asbestos, also known as Asbestos Material.
(q)
Asbestos Contractor. The State, any
political subdivision of the State, a public authority or any other
governmental agency or instrumentality thereof, self-employed person, company,
unincorporated association, firm, partnership or corporation and any owner or
operator thereof, which engages in any portion of an asbestos project, or
employs persons engaged in any portion of an asbestos project.
(1)
Exception: Property owners or prime contractors who hire
asbestos contractors, but do not, themselves, direct or control the work.
(r)
Asbestos Control
Bureau. Asbestos Control Bureau, Division of Safety
and Health, New York State Department of Labor.
(s)
Asbestos Handler (Worker). Any person who
performs the duties described in Section 56.3.2(d)(1) of this Part.
(t)
Asbestos Handling Certificate. A certificate
issued by the Commissioner in any of the categories set forth in Section
56-3.2(d) of this Part.
(u)
Asbestos Handling License. A license issued by
the Commissioner pursuant to Section 56-3.1 of this Part.
(v)
Asbestos Material. Any material
containing greater than one percent (1%) of asbestos, also known as Asbestos
Containing Material (ACM).
(w)
Asbestos Project. Work that involves
the removal, encapsulation, enclosure, repair or disturbance of friable or
non-friable asbestos, or any handling of asbestos material that may result in
the release of asbestos fibers. For the
purpose of compliance with this Part, an asbestos project shall include any
disturbance of asbestos fibers, and the planning, asbestos survey (as per
Subpart 56-5.1), design, background air sampling, inspection, air sampling and
oversight of abatement work, cleanup, and the handling of all asbestos material
subject to abatement, as well as the supervising of such activities. Installation of friable ACM shall also be
considered an asbestos project. An
asbestos project starts with Phase I when the planning, asbestos survey, and
design work begins or is required to begin.
The project shall not be considered completed until Phase II D is
complete. (See Table 1 Below).
Table 1
ASBESTOS PROJECT PHASES OF WORK
Phase I
(Prior to Asbestos Abatement Contractor Mobilization) Pre-Abatement |
Phase II
Start-------------------------Abatement-------------------------End |
||||||||||||
|
A |
B |
A |
B |
C |
D |
||||||||
|
Asbestos Survey, Planning
& Design |
Background Air Sampling |
Regulated Abatement Work Area(s) Preparation &
Enclosure Construction |
Asbestos Handling including,Gross Removal or Abatement,
Initial Cleans and Waste Removal |
Final Cleaning & Clearance Air Samples |
Final Waste Removal From Site |
||||||||
|
Start----------------------------------Asbestos Project------------------------------------End |
|||||||||||||
(1)
Where any work is
subcontracted, only that part of the work involving asbestos shall be deemed to
be an asbestos project.
(2)
Asbestos projects include
Large asbestos projects, Small asbestos projects, Minor asbestos projects,
incidental disturbance asbestos projects and emergency projects as defined
elsewhere in this Part. For purposes of
licensing, certification, notification, air sampling and asbestos survey
requirements, asbestos projects shall include in-plant operations.
(i)
Large asbestos
project.
An asbestos project involving the removal, disturbance, enclosure,
encapsulation, repair or handling of 160 square feet or more of ACM, PACM or
asbestos material or 260 linear feet or more of ACM, PACM or asbestos material.
(ii)
Small asbestos
project.
An asbestos project involving the removal, encapsulation, enclosure,
repair, disturbance or any handling of more then 10 and less than 160 square
feet of ACM, PACM or asbestos material or more than 25 and less than 260 linear
feet of ACM, PACM or asbestos material.
(iii)
Minor asbestos
project.
An asbestos project involving the removal, disturbance, repair,
encapsulation, enclosure or handling of 10 square feet or less of ACM, PACM or
asbestos material, or 25 linear feet or less of ACM, PACM or asbestos
material.
(x)
Asbestos Project Air Sampling
Technician. An individual who performs the duties
described in Section 56-3.2(d)(3) of this Part.
(y)
Asbestos Survey. A thorough
inspection for and identification of all PACM, suspect ACM, or asbestos
material throughout the building/structure or portion thereof to be demolished,
renovated, remodeled, or repaired. (See Subpart 56-5)
(z)
Asbestos Waste. ACM, PACM, asbestos
material or asbestos contaminated objects requiring disposal pursuant to
applicable laws or regulations. This
includes RACM as well as Category I and II Non-Friable ACM.
(aa)
Authorized Visitor. Any party on an
asbestos project, who has to enter the asbestos project restricted area or
regulated abatement work area for emergency purposes or regulatory compliance
inspections. Examples include the
building/structure owner, his or her agent or representative, utility company
representatives, the Commissioner or his or her agents, and personnel of any
regulatory agency having jurisdiction over the project. Visitors shall comply with all applicable
requirements of OSHA 29 CFR 1926.
(ab)
Background Air Sampling.
A method used to determine airborne fiber
concentrations in the area where abatement work is to be conducted, prior to
starting Phase II A of the asbestos project.
(ac)
Barriers. Critical Barriers
and Isolation Barriers.
(ad)
Building/Structure. A structure wholly or partially enclosed
within exterior walls and a roof, intended to afford shelter to persons,
animals or property; or a structure used as a conveyance for utilities,
vehicular traffic or pedestrians (e.g. bridge, tunnel, manhole, subsurface
conduits).
(ae)
Building/Structure Owner. The State, any
political subdivision of the State, a public authority or any other
governmental agency or instrumentality thereof, person, company, unincorporated
association, firm, partnership or corporation in whom legal title to the
premises is vested unless the premises are held in land trust, in which
instance building/structure owner means the person in whom beneficial title is
vested.
(af)
Building/Structure
Owner’s Authorized Representative. A licensed asbestos contractor firm
contractually responsible for execution of any building owner’s responsibility,
as required by this Part, during any phase of an asbestos project at the
building owner’s building/structure.
(ag)
Bulk Sampling. Accepted methods
for collecting samples of suspect materials for appropriate analyses by NYS
ELAP approved laboratories, to determine asbestos content.
(ah)
Category I
Non-Friable ACM. NESHAP classification - Asbestos-containing
packings, gaskets, resilient floor covering, and asphalt roofing products,
containing more than one percent (1%) asbestos, that when dry, can not be
crumbled, pulverized, or reduced to powder by hand pressure.
(ai)
Category II
Non-Friable ACM. NESHAP classification - Any material,
excluding Category I Non-Friable ACM, containing more than one percent (1%)
asbestos, that when dry, can not be crumbled, pulverized, or reduced to powder
by hand pressure.
(aj)
Class I Asbestos
Work.
OSHA term meaning activities involving the abatement of Thermal Systems
Insulation (TSI), and surfacing ACM and PACM.
(ak)
Class II Asbestos
Work.
OSHA term meaning activities involving the abatement of ACM which is not
TSI or surfacing material. This
includes, but is not limited to, the removal of asbestos-containing wallboard,
floor tile and sheeting, roofing and siding shingles, and construction mastics.
(al)
Class III Asbestos
Work.
OSHA term meaning Repair and Maintenance operations, where no more than
a minor quantity of ACM, including TSI and surfacing ACM and PACM, is likely to
be disturbed.
(am)
Class IV Asbestos
Work.
OSHA term meaning Maintenance and Custodial Activities during which
employees contact but do not disturb ACM or PACM and activities to clean up
non-ACM dust, waste and debris resulting from Class I, II and III activities.
(an)
Clean Room. An uncontaminated area
or room, which is a part of the personal decontamination enclosure, with
provisions for storage and changing of persons’ street clothes and protective
equipment.
(ao)
Cleanup. The utilization of
HEPA-vacuuming or wet cleaning or both to control and eliminate accumulations
of asbestos material and asbestos waste material.
(ap)
Clearance Air Sampling. An accepted method
of air sampling used upon completion of final cleaning, during Phase IIC of an
asbestos project. This method consists
of using aggressive air sampling techniques to dislodge and stir up remaining
asbestos fibers, then air samples are collected for appropriate analysis to
determine representative airborne fiber concentrations.
(aq)
Commissioner. The Commissioner of
the New York State Department of Labor.
(ar)
Containment. The
negative-pressurized enclosure within the restricted area, which establishes
the regulated abatement work area and surrounds the location where the asbestos
abatement is actually taking place.
(as)
Critical Barrier. Barriers that seal off all openings to or
within the defined regulated abatement work area, including but not limited to
operable windows and skylights, doorways, ducts, grills, diffusers and any
other penetrations to surfaces adjacent to or within the regulated abatement
work area.
(at)
Curtained Doorway. An assembly which consists of at least three
(3) overlapping sheets of 6-mil fire retardant plastic over an existing or
temporarily framed doorway, used to separate the chambers within the
decontamination system enclosures and to inhibit airflow if the negative air
ventilation system shuts down.
(au)
Decontamination System Enclosure. A series of
connected rooms, usually attached to the regulated abatement work area, for the
decontamination of persons, materials and equipment.
(av)
Demolition. The wrecking or removal of any
load-supporting structural member of a building or structure.
(aw)
Department. The New York State Department of Labor.
(ax)
Disturbance. Any activities that disrupt the matrix of ACM or PACM, or generate
debris, visible emissions or airborne asbestos fibers from ACM or PACM. This includes moving of friable asbestos
containing material from one place to another.
(ay)
Emergency. An unexpected,
unanticipated or unforeseen occurrence, including but not limited to, a steam,
chemical, gas or water line rupture, a boiler failure, a building/structure
collapse, or act of nature which may pose:
(1)
an imminent danger to
the health and safety of the public; or
(2)
an asbestos-related
risk to the health and safety of the public from release of asbestos fibers.
(az)
Emergency Asbestos Project. An asbestos project
which is necessary to respond to an emergency.
(ba)
Encapsulant (Sealant) or Encapsulating Agent. A liquid material,
which can be applied to asbestos material and which prevents the release of
asbestos fibers from the material either by creating a membrane over the
surface (bridging encapsulant) or by penetrating into the material and binding
its components together and to the substrate (penetrating encapsulant). See Sealant.
(bb)
Encapsulation. Abatement consisting of the coating or
spraying of asbestos material with an encapsulant (sealant) or encapsulating
agent.
(bc)
Enclosure. Abatement consisting of the construction of
airtight walls, ceilings and floors between the asbestos material and the
building/structure environment, or around surfaces coated with asbestos
material, or any other appropriate procedure as determined by the Department,
which prevents the release of asbestos fibers.
(bd)
EPA. The
(be)
Equipment Room.
A contained area or room which is part of the personal decontamination system enclosure with provisions for the storage of
contaminated clothing and equipment.
(bf)
Fiber (Asbestos Fiber). Generally, a
slender or elongated structure, which results from the break up of ACM, PACM or
asbestos material. However, the
definition of an asbestos fiber is also dependent upon the approved accepted
method of air sampling and analysis utilized for the specific phase of the
asbestos project.
(bg)
Fixed Object. Equipment, furniture
or other item that is affixed, as a whole, to a floor, ceiling, wall or other
building structure or system.
(bh)
Friable. Any material that
when dry, can be crumbled, pulverized, or reduced to powder by hand pressure,
or is capable of being released into the air by hand pressure.
(bi)
Glovebag. A manufactured
impervious bag-like enclosure constructed of at least six (6) mil transparent
plastic, seamless at the bottom, with inward-projecting long sleeve glove(s),
which may also contain an inward-projecting water-wand sleeve, an internal tool
pouch, and an attached, labeled receptacle or portion for asbestos waste. The glovebag is constructed and installed to
surround the object or area to be decontaminated and contain all asbestos
fibers released during the abatement process.
(bj)
Glovebag Technique. A method for
removing asbestos material from heating, ventilating, and air conditioning
(HVAC) ducts, piping runs, valves, joints and elbows, and other non-planar
surfaces, by use of a glovebag.
(bk)
Glue. A material used as
an adhesive, such as the material used to hold tiles to a surface. See Mastic.
(bl)
HEPA-Filter. A high efficiency
particulate air filter capable of trapping and retaining 99.97 percent of all
mono-dispersed particles of 0.3 microns in diameter or larger.
(bm)
HEPA-Vacuum Equipment. Vacuuming equipment
designed for abatement, with a high efficiency particulate air filtration
system.
(bn)
Holding Area. A chamber in the
waste decontamination enclosure utilized for temporary storage of containerized
ACM waste, prior to transfer to waste transport vehicle.
(bo)
Incidental Disturbance. The unintentional disturbance of, ACM, PACM,
or asbestos material.
(bp)
Incidental Disturbance Asbestos
Project.
The cleanup, repair or encapsulation of less than 10 square feet or less
than 25 linear feet of incidentally disturbed ACM, PACM or asbestos material.
(bq)
Inspector.
Any person who performs the duties
described at Section 56-3.2(d)(4) of this Part.
(br)
Intact. Asbestos material that has not crumbled, been
pulverized, or otherwise been damaged or disturbed, and the material’s matrix
has not noticeably deteriorated.
(bs)
Intermediate
Portions of a Project. The discrete abatement segments that will
take place where non-continuous interim notifications are required, as per
Section 56-3.4(b)(4)(v), for large asbestos projects
(bt)
Isolation Barriers. Installed temporary
hardwall barriers that complete the containment enclosure and establish the
regulated abatement work area.
(bu)
Lockdown
Encapsulant. A thinned out bridging encapsulant used for
lockdown purposes to assist with cleanup as per this Part.
(bv)
Management Planner. Any person who
performs the duties described at Section 56-3.2 (d) (9) of this Part.
(bw)
Mastic. A pasty material
used as an adhesive.
(bx)
Mounted Object. Equipment, furniture, or other item that is
attached, in whole or in part, to a floor, ceiling, wall or other building
structure or system or to a fixed object.
(by)
Movable Object. Equipment,
furniture or other item that is not attached or affixed, in whole or in part,
to a floor, ceiling, wall or other building structure or system or to a fixed
object.
(bz)
Multi-employer Work Sites. Any demolition, renovation, remodeling or
repair project work site, which includes work covered by this part, where more
than one employer is reasonably expected to be on-site during the project.
(ca)
Multiple Abatement. The abatement of more than one type of ACM
within the same containment.
(cb)
Negative Air Pressure Equipment. A local exhaust
system, capable of maintaining air
pressure within a containment at a lower pressure than the air pressure outside
of such containment, and which provides for HEPA filtration of all air
exhausted from the containment.
(cc)
NESHAP. National Emission
Standards for Hazardous Air Pollutants (40 CFR Part 61).
(cd)
NIOSH. The National Institute for Occupational
Safety and Health.
(ce)
Non-Asbestos Material. Any material documented to contain one
percent (1%) or less of asbestos.
(cf)
Non-Friable. Any material that when
dry, can not be crumbled, pulverized, or reduced to powder by hand pressure,
and is not capable of being released into the air by hand pressure.
(cg)
Non-Friable
Organically Bound (NOB) Asbestos Material. Non-friable
asbestos materials embedded in flexible-to-rigid asphalt or vinyl matrices,
including but not limited to flooring materials, adhesives, mastics, asphalt
shingles, roofing materials and caulks.
(ch)
Occupied Area. Any frequented
portion of the work site where abatement is not taking place.
(ci)
Operations and Maintenance Worker. Any person who performs the duties described
at Section 56-3.2 (d) (5) of this Part.
(cj)
OSHA. The Occupational Safety and Health
Administration.
(ck)
Outside Air. The air immediately
outside the building or structure in which an asbestos project is performed.
(cl)
Person. Any natural person.
(cm)
Personal Air
Sampling. Air sampling located in a worker’s breathing
zone.
(cn)
Personal Decontamination System
Enclosure.
An area designated for controlled passage of all persons to and from the
regulated abatement work area.
(co)
Personal Protective Equipment
(PPE).
Disposable work suits or coveralls, head covering, eye protection,
footwear, gloves and appropriate NIOSH-approved respirators with appropriate
NIOSH-approved filters.
(cp)
Plasticize. To
cover floors, walls, ceilings or other surfaces with 6-mil fire-retardant
plastic sheeting.
(cq)
Presumed Asbestos Containing Material (PACM). All Thermal System
Insulations and Surfacing Materials found in buildings constructed no later
than 1980. PACM is considered to be ACM
unless proven otherwise by appropriate bulk sampling and laboratory analyses.
(cr)
Project Air
Sampling.
Area air sampling conducted in accordance with Subpart 56-4 of this Part
during the course of the asbestos project.
(cs)
Project Designer. Any person who
performs the duties described at Section 56-3.2(d)(7) of this Part.
(ct)
Project Monitor. Any person who performs the duties described
at Section 56-3.2(d)(8).
(cu)
Public. Any natural person
except:
(1)
A person engaged in an
asbestos project;
(2)
An authorized visitor;
(3)
Police, fire, or other
public safety personnel.
(cv)
Receptor. Any opening, which
could admit asbestos fibers into a structure if not properly protected. Examples include but are not limited to
operable windows, doors, vents, air intakes or exhausts of any mechanical
device within a building or structure.
(cw)
Regulated Abatement Work Area. The portion of the
restricted area where abatement work actually occurs. For tent work areas, the
interior of each tent is a regulated abatement work area. For OSHA Class I and Class II asbestos
abatement, the interior of the restricted area containment enclosure is the
regulated abatement work area. For
exterior non-friable asbestos abatement conducted without the establishment of
negative air ventilation systems or containment enclosures, the entire
restricted area surrounding the abatement location is considered to be the
regulated abatement work area.
(cx)
Regulated Asbestos-Containing Material (RACM). Friable ACM or
PACM, Category I Non-friable ACM that has become friable or has been or will be
subjected to sanding, grinding, cutting or abrading, or Category II Non-friable
ACM that has a high probability of becoming or has become crumbled, pulverized,
or reduced to powder by the forces expected to act on the material in the
course of demolition or renovation operations.
(cy)
Remodel. For purposes of
this code, remodel shall mean the same as renovation.
(cz)
Remote Decontamination System
Enclosure. Decontamination
systems that are not attached to the regulated abatement work area but are
within the work site.
(da)
Removal. Abatement,
consisting of operations where ACM, PACM or asbestos material is removed or
stripped from structures or substrates.
This includes demolition operations.
(db)
Renovation. The altering of an existing
building/structure, or a portion of building/structure components or systems,
including the stripping, removal or abatement of ACM from a building or
structure. Operations in which
load-supporting structural members are wrecked or taken out are demolitions.
(dc)
Repair (Asbestos). Abatement, consisting of corrective action
for a Minor Asbestos Project using required work practices to control fiber
release from damaged ACM, PACM or asbestos material.
(dd)
Repair. The replacement,
overhaul, rebuilding, reconstructing or reconditioning of any part of a
building/structure component or system with like or similar material or parts,
due to damage or excessive wear.
(de)
Respiratory Protection. NIOSH-approved respirators with appropriate
NIOSH-approved filters.
(df)
Restricted Area. A restricted area
established and marked for the abatement portion of an asbestos project. This area shall include, but not be limited
to asbestos project regulated abatement work areas and any contiguous
decontamination facilities, adjoining staging areas where work materials,
debris or waste from such work may accumulate, remote decontamination areas,
and waste storage areas (dumpsters, trailers, etc.).
(dg)
Restricted Asbestos Handler (Allied Trades). Any person who
performs the duties described at Section 56-3.2 (d) (2) of this Part.
(dh)
Satisfactory Clearance Air
Sampling Results. See Subpart 56-4.
(di)
Sealant. An encapsulating
agent. A material which can be applied
to asbestos containing material which prevents the release of asbestos fibers
from the material either by creating a membrane over the surface (bridging
encapsulant) or by penetrating into the material and binding its components
together and to the substrate (penetrating encapsulant).
(dj)
Sequential Abatement. The abatement of
different types of asbestos containing material within a common regulated
abatement work area in a priority order. (See Section 56-8.6)
(dk)
Shower Room. A room between the clean room and the
equipment room in the personal decontamination enclosure with hot and cold
running water controllable at the tap and arranged for complete showering
during decontamination.
(dl)
Supervisor. Any person who
performs the duties described at Section 56-3.2 (d) (6) of this Part.
(dm)
Suspect Miscellaneous ACM. Any suspect
asbestos-containing material that is not PACM, such as floor tiles, ceiling
tiles, mastics/adhesives, sealants, roofing materials, cementitous materials,
etc. A listing of typical suspect
miscellaneous ACM can be found in Subpart 56-5.
All suspect miscellaneous ACM must be assumed to be ACM, unless proven
otherwise by appropriate bulk sampling and laboratory analyses.
(dn)
Surfacing Material. Material that is
sprayed-on, troweled-on, or otherwise applied to surfaces (such as acoustical
or finish plaster on ceilings and walls, and fireproofing materials on
structural members, or other materials on surfaces for acoustical,
fireproofing, or other purposes).
(do)
Surfactant. A chemical wetting
agent added to water to reduce the surface tension of the water and improve its
penetration for added mitigation of airborne fiber release.
(dp)
Tent. A fire retardant
polyethylene enclosure that includes walls, ceiling and a floor as required to
remove ACM, PACM or asbestos material.
(dq)
Thermal System Insulation. Insulation
material applied to pipes, fittings, boilers, breeching, tanks, ducts or other
structural components to prevent heat gain or loss.
(dr)
Variance (Site-specific). Relief in
accordance with Section 30 of the Labor Law from specific sections of
Industrial Code Rule 56 for a specific project.
(ds)
Variance
(Applicable) (AV). Blanket relief in accordance with Section 30
of the Labor Law from specific sections of Industrial Code Rule 56 for a
particular type of project.
(dt)
Visible Emission. Any emission of
particulate material that can be seen without the aid of instruments.
(du)
Washroom. A room between the
regulated abatement work area and the holding area in the waste decontamination
system enclosure, where equipment and waste containers are wet cleaned or
HEPA-vacuumed.
(dv)
Waste Decontamination System
Enclosure.
An area, consisting of a washroom and a holding area separated from each
other by airlocks, designated for the controlled transfer of materials and
equipment from the regulated abatement work area.
(dw)
Waste Staging Area. The area near the
waste transfer airlock where containerized asbestos waste has been placed prior
to removal from the regulated abatement work area.
(dx)
Wet Cleaning. The process of
eliminating asbestos contamination from surfaces, equipment or other objects by
using cloths, mops, or other cleaning tools that have been saturated with
amended water.
(dy)
Work Site. Building,
structure, parcel of land or premises where an asbestos project takes place.
56-3.1
Licensing Requirements and Procedures.
(a)
License Required. No asbestos
contractor shall engage in an asbestos project unless such asbestos contractor
has a valid asbestos handling license issued by the Commissioner.
(b)
All firms,
corporations, or other business entities performing work as asbestos abatement
contractors, management planners, project designers, project monitors, allied
trades people, inspectors or air sampling monitors shall obtain an asbestos
handling license. In addition,
individuals employed by such firms, corporations or other business entities
shall obtain required and approved training and asbestos certificates
appropriate to the tasks performed.
(c)
Proof of License. A copy of a valid
asbestos handling license or other proof of the issuance of a valid asbestos
handling license deemed suitable by the Commissioner shall be submitted by the
bidder to the party soliciting bids prior to the award of any contract (public
or private), all or part of which involves an asbestos project.
(1)
Exception.
If the asbestos contractor is a sub-contractor to a prime contractor,
the proof of license must be submitted by the prime contractor to the party
that awarded the contract, prior to retaining such sub-contractor.
(d)
Display of License. A copy of a valid
asbestos handling license for all firms, corporations, or other business
entities performing work on the asbestos project shall be conspicuously
displayed proximate to but outside the regulated abatement work area, during
Phase IB and Phase IIA through IID of an asbestos project.
(e)
Application for License and
Renewal.
(1)
Completed applications
for a license or renewal of license shall be sent to the address specified in
the application package, accompanied by a nonrefundable application fee in the
amount set forth in Section 903 of the Labor Law. The fee shall be paid in any form, except
cash, deemed acceptable by the Commissioner of Labor in the application
package. All payments shall be made
payable to the Commissioner of Labor. Any payments which are voided or returned
to the Commissioner for any reason shall be subject to a return processing fee
in the amount allowed by law and any entity submitting such payments to the
Department may be subject to all other appropriate penalties set forth in
statute and code, including but not limited to the immediate suspension or
revocation of any license granted on the basis of such payment.
(2)
All applications for
asbestos handling licenses shall be submitted in writing on forms furnished by
the Commissioner. Copies of such forms
may be obtained from the New York State Department of Labor, Asbestos Licensing
and Certification Unit.
(3)
Completion of such
forms requires inclusion of any information required by the Commissioner.
(4)
Each license
application shall contain a verified statement by the asbestos contractor
applying for the license or its duly authorized representative, that any person
employed by the asbestos contractor on any asbestos project shall have a valid
asbestos handling certificate as required by this Part, that the asbestos
contractor shall provide such person with a copy of this Part and notify him or
her of the obligation to abide by its provisions, and that the asbestos
contractor shall abide by all the rules and regulations promulgated by the
Commissioners of Labor and Health pursuant to Article 30 of the Labor Law. Each license application shall include the
name of the certified supervisor designated as the contractor’s agent, as
required by section 902(1) of the Labor Law.
The certified supervisor requirement shall only apply to asbestos
contractor applicants that perform asbestos abatement operations. For non-abatement asbestos contractors, a
notarized statement must be included with the license application that
indicates their firm’s activities shall not include actual asbestos abatement
operations during the period for which the license is valid. Any changes or follow-up to the information
contained in the asbestos contractor’s license application, (including but not
limited to changes in address, principals, ownership, designated supervisor(s),
and insurance coverage,) shall be reported in writing to the Asbestos Licensing
and Certification Unit, New York State Department of Labor, within thirty (30)
calendar days of the effective date of any change.
(5)
The Commissioner shall
notify the license applicant in writing, no later than thirty (30) days from
receipt of the license application, of the issuance or denial of the license or
the need for further information from the applicant in order to process the
license application. Notification of
denial of a license on any grounds other than failure to complete the license
application shall set forth the grounds for such denial.
(6)
An applicant denied a
license on any grounds other than failure to complete a license application may
request a hearing before the Commissioner or his or her designee by submitting
a written request for such hearing within ten (10) days of receipt of denial.
(7)
An asbestos handling
license shall be valid for a period of one year from date of issuance.
(8)
Approximately two (2)
months prior to the expiration of an asbestos handling license, the
Commissioner shall contact the license holder and inform him or her of the need
to renew the asbestos handling license.
The Commissioner shall also furnish a renewal application to the
licensee. The renewal application may
request the license holder to inform the Commissioner of any changes in
information previously provided to the Division of Safety and Health, Licensing
and Certification Unit, and any other information deemed by the Commissioner to
be relevant.
(9)
The Commissioner shall
notify license renewal applicants in writing of the issuance or denial of the
license renewal or the need for further information from the applicant in order
to process the renewal application.
Notification of denial of a license renewal on any grounds other than
failure to complete the renewal application shall set forth the grounds for
such denial.
(10)
An applicant denied
renewal of a license on any grounds other than failure to complete a license
renewal application may request a hearing before the Commissioner or his or her
designee by submitting a written request for such hearing within ten (10) days
of receipt of denial.
56-3.2
Certification Requirements and Procedures.
(a)
Certification and Training
Required.
No asbestos contractor shall engage in or permit a person employed by
the asbestos contractor to engage in or supervise work on an asbestos project
unless each such person has a valid asbestos handling certificate issued by the
Commissioner appropriate to the work performed by such person on an asbestos
project as defined in this Part.
Training for all types asbestos handling certificates shall meet all
requirements established by the New York State Department of Health.
(b)
Employee Certification. Any person employed
by a asbestos contractor on an asbestos project shall have an appropriate
asbestos handling certificate or a copy thereof in his or her possession at all
times during his or her work on the project.
No asbestos contractor shall compel the holder of any asbestos handling
certificate to surrender the original certificate. The only exception to the
requirement of certification is if the employee has proof that he or she has
had the appropriate initial training within the past forty-five (45) days, and
is awaiting the asbestos handling certificate.
A student copy of the Asbestos Safety Training Certificate (DOH 2832)
indicating successful completion of an approved asbestos safety training
program is the only acceptable proof of appropriate training. The employee must also have a photo
identification card issued by an authorized government entity.
(c)
Display of
Certificate. A copy of a valid asbestos handling
certificate, or a current student copy of the New York State Department of
Health Certificate of Asbestos Safety Training Form (DOH 2832) indicating
successful completion of an approved initial asbestos safety training program
within the past forty-five (45) days along with a copy of a photo
identification, shall be conspicuously displayed near but outside the regulated
abatement work area on an asbestos project.
(d)
Types of Certificates: The
following categories of asbestos handling certification shall be issued
pursuant to this Subpart:
(1)
Asbestos Handler (Worker)
Certificate. Any person who removes, encapsulates,
encloses, repairs or disturbs friable or non-friable asbestos, or who handles
asbestos material in any manner which may result in the release of asbestos
fiber, and whose duties are not otherwise described in paragraphs (2) through
(9) of this Subdivision shall possess a valid asbestos handler (worker)
certificate and shall have such certificate or a copy thereof in his or her
possession at all times while working on the project, except as otherwise
indicated in Subdivision (b) and (c) of this Section. A person who possesses an asbestos handler
(worker) certificate shall be responsible for the proper execution of his or
her trade as it relates to an asbestos project.
(2)
Restricted Asbestos Handler
Certificate (Allied Trades Certificate). Any person performing any limited or special
tasks in preparation for or ancillary to an asbestos project, such as a
carpenter, electrician, plumber or similar occupation, or any other person who
may potentially disturb friable or non-friable asbestos during the course of
any employment (other than OSHA Class IV asbestos work), shall possess a valid
restricted asbestos handler (allied trades) certificate and shall have such
certificate or a copy thereof in his or her possession at all times while
working on the project, except as otherwise indicated in Subdivision (b) and
(c) of this Section. This person shall
be aware of the health hazards of asbestos and take appropriate precautions to
avoid any ACM, PACM or asbestos material disturbance throughout the course of
their work. Abatement of any quantity of
ACM, PACM or asbestos material is not allowed by this person under any
circumstance. A person who possesses a restricted
asbestos handler certificate shall be responsible for the proper execution of
his or her trade as it relates to an asbestos project.
(3)
Asbestos Project Air Sampling Technician Certificate. Any person who performs project air sampling
shall possess a valid asbestos project air sampling technician certificate and
shall have such certificate or a copy thereof in his or her possession at all
times while working on the project, except as otherwise indicated in
Subdivision (b) and (c) of this Section.
A person who possesses an air sampling technician certificate shall be
responsible for the proper execution of his or her duties as they relate to an
asbestos project.
(4)
Inspector Certificate. Any person who
performs the limited tasks involved in the asbestos survey, identification and
assessment of the condition of asbestos and asbestos material and the recording
and reporting thereof, or who is involved in the collection of bulk samples of
asbestos material or suspected asbestos material for laboratory analysis shall
possess a valid inspector certificate and shall have such certificate or a copy
thereof in his or her possession at all times while working on the project,
except as otherwise indicated in Subdivision (b) and (c) of this Section. A person who possesses an inspector
certificate shall be responsible for the proper execution of his duties as they
relate to an asbestos project.
(5)
Operations and Maintenance Certificate. Any person who
performs operations, maintenance and repair activities which may disturb Minor
quantities of ACM, PACM or asbestos material shall possess a valid operation
and maintenance certificate and shall have such certificate or a copy thereof
in his or her possession at all times while working on the project, except as
otherwise indicated in Subdivision (b) and (c) of this Section. Operation and maintenance certification
permits the holder to perform OSHA Class III asbestos work only on Minor
asbestos projects. These minor asbestos
projects must be associated with repairs required in the performance of
emergency or routine maintenance activity, and is not intended solely as
asbestos abatement. Such work may not
exceed minor quantities of ACM to be disturbed within a single glovebag or a
single negative pressure tent enclosure.
A person who possesses an operation and maintenance certificate shall be
responsible for the proper execution of his duties as they relate to an
asbestos project.
(6)
Supervisor Certificate. Any person who
performs supervision of persons (other than authorized visitors) permitted to
enter the restricted area and regulated abatement work area, shall possess a
valid supervisor certificate and shall have such certificate or a copy thereof
in his or her possession at all times while working on the project, except as
otherwise indicated in Subdivision (b) and (c) of this Section. A person who possesses a supervisor
certificate shall be responsible for the proper execution of his duties as they
relate to an asbestos project. The
supervisor is also responsible for performing the duties of the OSHA competent
person for the asbestos project, consistent with current OSHA regulations.
(7)
Project Designer Certificate. Any person who
plans the scope, timing, phasing and remediation methods to be utilized on any
asbestos project shall possess a valid project designer certificate and shall
have such certificate or a copy thereof in his or her possession at all times
while working on the project, except as otherwise indicated in Subdivision (b)
and (c) of this Section. A person who possesses a project designer certificate
shall be responsible for the proper execution of his duties as they relate to
an asbestos project.
(8)
Project Monitor Certificate. Any person other
than the asbestos abatement contractor’s supervisor, who oversees the scope,
timing, phasing and/or remediation methods to be utilized on and the
completeness of any asbestos project shall possess a valid project monitor
certificate or a copy thereof in his or her possession at all times while
working on the project, except as otherwise indicated in Subdivision (b) and
(c) of this Section. A person who
possesses a project monitor certificate shall be responsible for the proper
execution of his duties as they relate to an asbestos project.
(9)
Management Planner Certificate. Any person who
assesses the hazard posed by the presence of asbestos or asbestos containing
material and/or who recommends appropriate response actions and a schedule for
such response actions shall possess a valid management planner certificate and
shall have such certificate or a copy thereof in his or her possession at all times
while working on the project, except as otherwise indicated in Subdivision (b)
and (c) of this Section. A person who possesses a management planner
certificate shall be responsible for the proper execution of his duties as they
relate to an asbestos project.
(e)
Proof of Course Completion. No certificate
described in Section 56-3.2(d) of this Part shall be issued without submission,
by the applicant, of proof satisfactory to the Commissioner, of successful
completion of an approved asbestos safety program.
(f)
Age Requirement. Any type of
asbestos handling certificate shall not be issued to any person prior to his or
her eighteenth birthday.
(g)
Application for Certification
and Renewal. All applications for any type of asbestos
handling certificates and renewals shall be submitted as follows:
(1)
Completed applications
for any type of asbestos handling certificate or renewal shall be sent to the
address specified in the application package, accompanied by a nonrefundable
application or renewal application fee in the amount set forth in Section 903
of the Labor Law. The fee shall be paid
in any form, except cash, deemed acceptable by the Commissioner of Labor in the
application package. All payments shall
be made payable to the Commissioner of Labor.
Any payments which are voided or returned to the Commissioner for any
reason shall be subject to a return processing fee of the amount allowed by law
and any entity submitting such checks to the Department may be subject to all
other appropriate penalties set forth in statute and code, including but not
limited to the immediate suspension or revocation of any certificate granted on
the basis of such payment.
(2)
All applications for
any type of asbestos handling certificates shall be submitted in writing on
forms furnished by the Commissioner.
Copies of such forms may be obtained from the New York State Department
of Labor, Division of Safety and Health, License and Certificate Unit.
(3)
Completion of such
forms requires inclusion of all information deemed appropriate by the Commissioner.
(4)
Each application for
any type of asbestos handling certificate shall contain a verified statement by
the applicant that he or she shall abide by all rules and regulations
promulgated by either the Commissioner of Labor or Health pursuant to Article
30 of the Labor Law.
(5)
The Commissioner shall
notify asbestos handling certificate applicants in writing, no later than
thirty (30) days from the receipt of the asbestos handling certificate
application, of the issuance or denial of the asbestos handling certificate or
of the need for further information from the applicant in order to process the
asbestos handling certificate application.
Notification of denial of an asbestos handling certificate on any
grounds other than failure to complete the asbestos handling certificate
application shall set forth the grounds for such denial.
(6)
An applicant denied
any type of asbestos handling certificate on any grounds other than failure to
complete an asbestos handling certificate application, may request a hearing before
the Commissioner or his or her designee by submitting a written request for
such hearing within ten (10) days of receipt of denial.
(7)
All types of asbestos
handling certificates shall be valid for a period of up to one (1) year from
date of issuance. The expiration date
shall be the last day of birth month of the individual applying.
(8)
Approximately two (2)
months prior to the expiration of any type of asbestos handling certificate,
the Commissioner shall contact the asbestos handling certificate holder and
inform him or her of the need to renew the asbestos handling certificate. The Commissioner shall also furnish a renewal
application to the asbestos handling certificate holder. The renewal application may request the
asbestos handling certificate holder to inform the Commissioner of any changes
in information previously provided to the Division of Safety and Health’s
License and Certification Unit and any other information deemed by the
Commissioner to be relevant.
(9)
The Commissioner shall
notify an asbestos handling certificate renewal applicant in writing of the
issuance or denial of the asbestos handling certificate renewal or of the need
for further information from the applicant in order to process the renewal
application. Notification of denial of
an asbestos handling certificate renewal on any grounds other than failure to
complete the renewal application shall set forth the grounds for such denial.
(10)
An applicant denied
renewal of any type of asbestos handling certificate on any grounds, other than
failure to complete an asbestos handling certificate renewal application, may
request a hearing before the Commissioner or his or her designee by submitting
a written request for such hearing within ten (10) days of receipt of denial.
56-3.3
Replacement of Licenses and Certificates.
(a)
In the event that any
type of asbestos handling certificate or an asbestos handling license is lost
or stolen, the certificate or license holder to whom the certificate or license
had been issued may apply to the Commissioner for the issuance of a replacement
asbestos handling license or appropriate type of asbestos handling
certificate. Such application shall be
made in writing and shall include a notarized statement from the individual
indicating that the original asbestos handling license or asbestos handling
certificate has been lost and verifying that the individual applying for such
replacement asbestos handling license or asbestos handling certificate understands
that the submittal of false statements in connection with the request for a
replacement shall subject him or her to penalties and other remedies under the
law.
(b)
All applications for replacement
asbestos handling licenses or any type of asbestos handling certificate shall
be addressed to the License and Certification Unit, New York State Department
of Labor accompanied by a nonrefundable fee.
The fee shall be equal to that assessed for an initial asbestos handling
certificate or asbestos handling license. The fee shall be paid in any form,
except cash, deemed acceptable by the Commissioner of Labor in the application
package. All payments shall be made
payable to the Commissioner of Labor.
Any payments which are voided or returned to the Commissioner for any
reason shall be subject to a return processing fee of the amount allowed by law
and any entity submitting such checks to the Department may be subject to all
appropriate penalties set forth in statute and code, including but not limited
to the immediate suspension or revocation of any replacement asbestos handling
license or asbestos handling certificate granted on the basis of such payment.
56-3.4
Notice and Record-keeping Requirements.
(a)
Record-keeping
(1)
Detail. Every asbestos
contractor shall maintain for at least thirty (30) years, a record of each
asbestos project in which the asbestos contractor engages. Such record shall include the following
information:
Exception. Non-abatement asbestos contractors shall
maintain for at least thirty (30) years, a record of the following applicable
project information for each asbestos project, if it relates to their portion
of the asbestos project:
(i)
The name, address,
social security number and asbestos certificate number of the person who
supervised the asbestos project;
(ii)
The location and
description of the asbestos project;
(iii)
The amount of asbestos
or asbestos material that was removed, enclosed, encapsulated, repaired,
disturbed or handled;
(iv)
The commencement and
completion date of the asbestos project;
(v)
The name, asbestos
handling license number, and address of the air sampling asbestos contractor
that was used on the project;
(vi)
The name, address and
current NYS ELAP registration number, of the laboratory that was used for air
sample analysis on the project;
(vii)
The name, asbestos
handling license number, and address of the project monitoring asbestos
contractor that was used on the project;
(viii)
The name and address
of the deposit or waste disposal site or sites where the asbestos waste
material was deposited or disposed;
(ix)
The name and address
of any sites that were used for the interim storage of asbestos or asbestos
waste materials prior to final deposit or disposal;
(x)
The name and address
of any transporters that were used to transport asbestos or asbestos material;
(xi)
The name, address,
social security number and asbestos license or certificate number of all
persons who were engaged on that portion of the asbestos project for which the
asbestos contractor has responsibility;
(xii)
A copy of the asbestos
abatement supervisor’s daily project log;
(xiii)
Any other information
that the Commissioner may require, on a form and according to instructions provided
by the Commissioner.
(2)
Project Record.
(i)
At all sites where
there is an active project, a project record shall be required. The project record shall be available on-site
with the building/structure owner or his designated representative, and shall
include the following:
(a)
Copies of licenses
of all entities involved with the project;
(b)
Copies of all
supervisors and handler certificates;
(c)
Copies of
notifications and amendments;
(d)
Copies of all
variances, amendments and re-openings being used for the project;
(e)
A copy of the air
sample log if the air sampling technician is on site. If the air sampling technician is not on
site, a copy of the air sample log shall be supplied within 24 hours of the
request to produce a copy there of;
(f)
A copy of all air
sampling results, including method of analysis, by date for the entire asbestos
project, organized by regulated abatement work area;
(g)
A copy of the
project monitor’s daily logs during abatement (if a project monitor is used on
the project);
(h)
The supervisor’s
daily log with entry/exit logs organized by date;
(i)
All bulk sample
data including all asbestos inspections and surveys completed for affected
portions of the building, structure and work site;
(ii)
This record shall be
kept on site at all times with the building/structure owner or his designated
representative, and produced upon verbal request of the Commissioner or his or
her duly authorized representative.
(3)
Surrender of Records. Within ten (10) working days of the
expiration, revocation, or non-renewal of an asbestos contractor’s asbestos
handling license, or upon the receipt of the written request of the
Commissioner, or his or her duly authorized representative, any records kept
pursuant to this Part shall be delivered to the Asbestos Control Bureau.
(4)
Copies of any records
kept pursuant to this Part shall be surrendered to the Commissioner or his or
her duly authorized representative upon written request.
(b)
Notification.
(1)
When Required. Any asbestos
abatement contractor who proposes to engage in a Large asbestos project shall
notify or cause to be notified, in writing, the Asbestos Control Bureau. Such notice must be received at least ten
(10) calendar days prior to commencement of Phase II A (See Section 56-2.1) of
the asbestos project unless waived in writing by the Commissioner or his or her
duly authorized representative. If an
asbestos hazard is present which requires immediate attention, or if emergency
conditions make it impossible to give notification ten (10) calendar days prior
to commencement of the project, notification in accordance with Section 56-3.5
of this Part shall be given. All project
notifications shall be accompanied by a nonrefundable fee. The fee shall be paid in any form, except
cash, deemed acceptable by the Commissioner of Labor in the notification
package. All payments shall be made
payable to the Commissioner of Labor in the amounts set forth in the Labor
Law. Any payments which are voided or
returned to the Commissioner for any reason shall be subject to a return
processing fee in an amount allowed by law and any entity submitting such
checks to the Department may be subject to all other appropriate penalties set
forth in statute and code, including but not limited to enjoining of the
asbestos project.
(2)
Content. The notification to
the Asbestos Control Bureau shall be made on a form or forms provided by the
Commissioner and shall include, but not be limited to, the following:
(i)
The name, address and
asbestos license number of the asbestos abatement contractor and all
sub-contractors retained for the asbestos project;
(ii)
The name and address
of the party for whom the asbestos project is being performed, as well as the
contract amount;
(iii)
The address and
description of the building/structure or area, including size, age, use and
prior use of the building/structure or area;
(iv)
The name and phone
number of the building/structure or area owner representative or site contact
individual.
(v)
The amount of ACM,
PACM or asbestos material present in square feet and/or linear feet, if
applicable. Piping, fittings and associated
insulation (excluding breeching and large [2 foot or greater] diameter
piping/fittings/associated insulation) are to be measured in linear feet;
(vi)
Room designation
numbers or other local information where ACM, PACM or asbestos material is
found, unless such material is found throughout the entire building or
structure;
(vii)
The commencement and
completion dates for the asbestos project, Phase II A through D, and the
commencement and completion dates of any intermediate portions of the
project. Night, weekend and shift work
schedules shall be included;
(viii)
The procedures and
equipment, including ventilating/exhaust systems, that shall be employed;
(ix)
A listing of all
variances (applicable and site-specific) to be utilized on the asbestos
project;
(x)
The name and asbestos
license number of the air sampling asbestos contractor for the asbestos
project;
(xi)
The name and NYS ELAP
registration number of the laboratory which shall perform analysis of project
air samples for the project;
(xii)
The name, address,
phone number and NYS DEC permit number of the waste transporter;
(xiii)
The name, address and
phone number of the landfill where the asbestos waste will be transported;
(xiv)
Any other information
which the Commissioner may require.
(3)
A separate
notification must be submitted for each period of up to twelve (12) months
during which work shall be performed.
Amendments of existing notifications are permitted. No additional fee is required unless the size
of the project increases from that originally submitted on the initial notification,
then a fee would be required for the additional material only.
(4)
Postponement,
Cancellation or
Changes to Completion Dates of Projects.
(i)
Whenever the
commencement date of a project for which notification has already been
submitted is postponed, or if a project for which a notification has been
submitted is cancelled, or if a project completion date is changed, the
asbestos abatement contractor shall notify the Asbestos Control Bureau of the
postponement or cancellation or change of completion date by telephone or
written notice. This notice shall be
received at least one (1) calendar day prior to the initial start or completion
date set forth on the previously submitted notification. In addition, written notification for new
start dates on projects postponed for one (1) week or longer must be received
at least three (3) calendar days prior to the new start date.
(ii)
Notice of postponement
or cancellation given by telephone shall be followed by written confirmation of
the postponement or cancellation, which shall be provided to the Asbestos
Control Bureau within three (3) business days of the telephone notice.
(iii)
Where time periods set
forth herein allow, the notice requirements of subparagraphs (i) and (ii) of
this paragraph may be satisfied by the submittal of a single amended
notification form.
(iv)
Within a
non-continuous notification for a Large asbestos project, intermediate portions
of a project shall require notice to the Asbestos Control Bureau by telephone
at least ten (10) calendar days prior to commencement of the intermediate
portion of the project, followed by written notification with the commencement
and completion dates of any intermediate portions of the project. The written notification shall be provided to
the Asbestos Control Bureau within three (3) business days of the telephone
notice.
(5)
Cumulative Project Notification. If a single asbestos
project involves several locations in a building/structure or area, each of
which does not involve the amounts of ACM, PACM or asbestos material specified
in Section 56-3.4(b) of this Part, but which in total equal or exceed this
amount, written notification shall be required.
(i)
Each building or
structure shall be considered a separate project for the purpose of meeting all
notification requirements set forth in the statute and this Part. A separate project notification form and fee
must be submitted for each building/structure.
Where one contract is entered into for several component projects,
notification shall be required.
Similarly, separate bids for component projects shall not void the
notification requirement.
(6)
Additional Contractual Work. Additional
contractual work (See Section 56-2.1) is subject to a new or amended
notification and associated fees. No
additional waiting period to commence this work shall be required.
56-3.5
Emergency Asbestos Project Notification.
(a)
Initial Notification. Prior to the
commencement of an asbestos project that is necessary to respond to an
emergency, or to cleanup an incidental disturbance, the asbestos abatement
contractor shall contact the Asbestos Control Bureau via telephone or in person
to request permission to proceed with the asbestos project. The individual giving such notification may
be asked to provide some or all of the information required of an individual
giving full written notification of an asbestos project.
(b)
Emergency Approval. The Program
Manager, Asbestos Control Bureau, or other duly authorized representative of
the Commissioner, upon ascertaining all pertinent facts relating to the
request, shall be empowered to either approve or deny the request for
permission to proceed with an emergency or incidental disturbance asbestos
project without the filing of prior notification. Unless permission to proceed with the
asbestos project, using approved variance conditions, is granted pursuant to
Section 56-11.2 (Emergency Projects), all work shall be performed in accordance
with all applicable provisions of this Part.
(c)
Follow-Up Notification. If permission to
proceed with an emergency asbestos project is granted, the asbestos abatement
contractor to whom such permission is granted, shall, within three (3) business
days, file the written notification required by Section 56-3.4(b) of this Part
with the Asbestos Control Bureau.
56-3.6
Notification of Residential and Business Occupants.
(a)
Ten (10) Day Notice.
(1)
The property owner and
asbestos abatement contractor are responsible for ensuring that notice is
provided to residential and business occupants.
This notice may be provided by the property owner or by the asbestos
abatement contractor or subcontractor engaged in the Phase II abatement portion
of a project. The property owner,
asbestos abatement contractor or subcontractor shall post or otherwise provide
for a written notice to residential and business occupants of the
building/structure, including visitors to the building/structure, ten (10)
calendar days prior to the commencement of Phase II A work on any asbestos
project within the building/structure.
For projects being conducted in school buildings, the faculty, staff and
students attending such school and visitors to the school shall be considered
to be business occupants and shall receive notice as required in this Part.
(2)
Notice - Detail. The written notice
shall be given to those business and residential occupants of a
building/structure, or portion thereof, who are located on the floor or floors
where the actual project is to be conducted, and one floor above and one floor
below the floor or floors containing the project. In addition, such written notice shall also
be given to those occupants of adjacent building/structures who have direct
horizontal access to these floors.
Posted notice shall be provided at all direct means of access to the
floor, such as but not limited to stairways, ramps, emergency ingress or
egress, elevators, escalators, ladders, hallways, corridors and trapdoors.
(b)
Three (3) Day Notice (Small and Minor Size Asbestos
Projects Only). If the Phase II A abatement work is scheduled
to begin less than ten (10) calendar days after the execution of the contract,
the property owner and asbestos abatement contractor shall post or otherwise
provide written notice of any asbestos project to residential and business
occupants in the building/structure where work shall be performed at least
three (3) calendar days prior to commencement of work.
(c)
Other Notice. If an emergency makes it impossible to
provide the notice required by Subdivision (a) or (b) of this Section, the
property owner and asbestos abatement contractor shall post or otherwise
provide for written notice to residential and business occupants of the
building/structure, as soon as practicable after identification of the project,
in the manner set forth in Section 56-3.5.
(d)
Duration of Posting. Posted notices
shall remain in place until completion of the project.
(e)
Content. Each notice shall include the following
information:
(1)
The building/structure
address and room location(s) or area designation of the asbestos project;
(2)
The amounts and types
of ACM, PACM or asbestos material, in square feet and/or linear feet, that is
being handled, removed, enclosed, encapsulated, repaired or disturbed. Piping, fittings and associated insulation
(excluding breeching and large [2 foot or greater] diameter
piping/fittings/associated insulation) are to be measured in linear feet;
(3)
The commencement and
completion dates of the asbestos project, including any intermediate portions
of the project;
(4)
The name and asbestos
handling license number of the asbestos abatement contractor performing the
project; and
(5)
The name and address
of the air monitor asbestos contractor and laboratory for the project.
(f)
Noninterference. No person shall interfere with the
obligations of the property owner and asbestos abatement contractor under this
Section.
GENERAL PROJECT
AIR SAMPLING AND LABORATORY ANALYSIS REQUIREMENTS
56-4.1
Qualifications
of Air Sampling Personnel. The project air
sampling shall be conducted by an asbestos project air sampling technician who
has been trained in the selected methodology of air sampling and who possesses
an asbestos project air sampling technician certificate issued by the
Department.
56-4.2
Laboratory
Certification. The laboratory used
for air sample or bulk sample analysis shall be one approved by the New York
State Department of Health Environmental Laboratory Approval Program (NYSDOH
ELAP) for the selected asbestos analysis methodology.
56-4.3
Independent Third Party Sampling and Analysis. A third party air
sampling firm asbestos contractor, who must be contracted by the property owner
or owner’s agent, and is completely independent of all asbestos abatement
contractors involved with the asbestos project, shall conduct all project air
sampling and analysis as required by this Part.
(a)
Exception. If
the property owner is the asbestos abatement contractor for the asbestos
project, the owner shall contract with an independent air sampling firm
asbestos contractor for the necessary project air sampling and analysis on the
asbestos project.
56-4.4
Asbestos
Contractors Allowed to Perform Project Air Sampling on an Asbestos Project. Air sampling
procedures shall not be performed by any asbestos contractor involved with the
asbestos project, except as follows:
(a)
The non-abatement asbestos
contractor firm that performed the building/structure asbestos survey, or is
acting as the project monitor or project designer on the asbestos project, may
perform project air sampling and analysis, provided that the individual or firm
performing the building/structure asbestos survey or acting as project monitor
or project designer, will not perform any asbestos abatement work on the
project and has not retained or been retained by the asbestos abatement
contractor for work on the asbestos project, unless the asbestos abatement
contractor is also the property owner.
56-4.5
Air Sample Log. A project air
sample log shall be created by the firm performing the project air sampling,
and it shall contain the following information for all area air samples
collected on the asbestos project:
(a)
Name of the firm and
the certified air sampling technician performing the project air sampling, per
workshift or day, for all area air samples collected.
(b)
Dates of project air
sample collection, per workshift or day, of area air samples, with appropriate
reference to the regulated abatement work area to which the air samples apply.
(c)
Sample locations
sketch, identifying all project air sample locations, per workshift or day, of
area air samples. If identical locations are
utilized for each workshift or day, of area samples collected throughout a
sub-phase of the asbestos project (IIA, IIB or IIC), only one sketch is
required for all workshift or day of area samples collected for that specific
sub-phase of the asbestos project.
(d)
The identifying
information for each area air sample collected.
(e)
Sampling time (24-hour
clock) and duration for each area air sample collected.
(f)
Flow rate primary or
secondary calibration device identification number, method of flow rate primary
or secondary device calibration and date of last calibration, per workshift or
day of area air samples.
(g)
Flow rate of sampling
pumps with pre and post calibration listed for each area air sample collected.
(h)
Chain of custody for
each workshift or day of area air samples.
56-4.6
Test Methods. The same
NIOSH approved methodology for project air sampling and for analysis of the air
samples shall be used at all phases of an asbestos project that require area
air sampling and analysis, with the possible exception of clearance air
sampling. Phase Contrast Microscopy
(PCM) shall be the minimum acceptable method of analysis. In lieu of PCM clearance air sampling and
analysis, the building/structure owner may elect to utilize TEM air sampling
and analysis to meet clearance air sampling requirements. If Transmission Electron Microscopy (TEM) is
the selected method of analysis, the clearance criteria and sampling protocols
of the Asbestos Hazard Emergency Response Act (AHERA) shall be used. If PCM air sample analysis results exceed the
satisfactory clearance air criteria under this Part, then TEM analysis of the
entire set of clearance air samples may be used, provided that a standard
NIOSH/ELAP accepted laboratory analysis method is used that shall report each
air sample result in fibers per cubic centimeter, for appropriate correlation
to the original unsatisfactory PCM clearance air sample results and the
established background levels, and provided that a report is submitted to the
Commissioner for the entire set of clearance air sample PCM and TEM laboratory
analyses.
56-4.7
Air Sampling Equipment.
(a)
Sampling Equipment. Area air sampling
shall be performed using GFCI protected pumps with associated tubing, supports
and airflow measuring, metering or recording devices.
(b)
Duration, Flow Rate and
Calibration. Area air samples, except for background and
clearance air samples, shall be collected and air samplers run for each entire
work shift. Area air samples must be
collected with a minimum flow rate capacity of two (2) liters per minute and a
maximum flow rate consistent with the applicable accepted air sampling and analysis
methodology. The flow rate for each air
sample shall be pre-calibrated and post-calibrated at the beginning and end of
each air sample collection. The
calibrations shall be recorded. Primary
and secondary calibration devices shall be calibrated as per NYS DOH ELAP
requirements. The air sampling
technician shall be on-site to observe and maintain air sampling equipment for
the duration of air sample collection.
(c)
Placement of Air Sampling Equipment. Air sampling
equipment shall be in place and operational as follows:
(1)
Placement of Regulated Abatement
Work Area Indoor Air Sampling Equipment. Air sampling equipment shall not be placed in corners of
rooms or near obstructions. Samplers
shall be placed randomly around the regulated abatement work area. If the regulated abatement work area contains
a number of rooms equivalent to the number of required samples based on floor
area, a sampler shall be placed in each room.
When the number of rooms is greater than the required number of samples,
a representative number of rooms shall be selected, but in no case shall fewer
samples be collected than the required number of samples based upon floor
area. (See Table 2 )
(2)
Placement of Outdoor Air
Sampling Equipment. Outdoor air sampling equipment shall be placed four (4) to six (6) feet above grade level and at least ten (10) feet
away from obstructions that may influence wind patterns. If access to electricity and security
concerns dictates a rooftop site, locations within ten (10) feet of vents or
other structures on the roof shall be avoided.
(3)
Samplers Outside of the
Regulated Abatement Work Area. Air sampling equipment shall be placed
outside the regulated abatement work area within ten (10) feet of the critical
barriers, decontamination enclosure entrances/exits and negative air ducts and
exhausts, as applicable. (See Table 2 )
56-4.8
Area Air Sample Analysis and Results – General
Requirements.
(a)
Turnaround Time.
For project air samples collected
during the asbestos project, the period of time permitted between completion of
air sample collection and receipt of results on the job site shall be equal to
or less than 48 hours.
(b)
Microscope Detail. The methodology chosen
for sampling, analysis, and the microscope type, make, and model number shall
be included in the results.
(c)
Sample Records. All project air
samples shall have a chain of custody.
56-4.9
Number and Location of Samples Required. The amount of ACM,
PACM or asbestos material to be abated within the regulated abatement work area
determines the asbestos project air sampling requirements for that specific
regulated abatement work area.
(a)
Phase I B Background
Pre-Abatement Air Samples. Required for Large and Small
asbestos projects. (See Table 2 and
Subpart 56-6)
(b)
Phase II A
Regulated Abatement Work Area Preparation Air Samples. Required for Large asbestos projects with
OSHA Class I or OSHA Class II friable ACM subject to handling/abatement. (See Table 2 and Subpart 56-7)
(c)
Phase II B Asbestos
Handling Air Samples. Required for Large asbestos
projects. (See Table 2 and Subpart 56-8)
(d)
Phase II C Final
Cleaning & Clearance Air Samples. Required
for Large, Small and some Minor asbestos projects. (See Table 2 and Subpart 56-9)
56-4.10
Work Stoppage
Criteria During Phase II A through II C. If air
samples collected outside the regulated abatement work area indicate airborne
fiber concentrations at or above 0.01 fibers per cubic centimeter, or the
established background level, whichever is greater, work shall stop immediately
for inspection and repair of barriers and negative air ventilation systems as
necessary. Clean up of surfaces outside
of the regulated abatement work area using HEPA-vacuums and wet-cleaning
methods shall be performed prior to resumption of preparation, abatement or
cleaning activities. A summary of clean
up activities and the results of barrier inspections including any necessary
repairs, shall be documented in the supervisor’s daily project log. Work methods shall be altered accordingly to
reduce fiber concentrations to acceptable levels.
(a)
Submission of Elevated Air Sample Results Collected During
Phase II A through II C. The air sampling asbestos contractor shall
submit to the Commissioner, all PCM air sample results for air samples
collected during Phase II A through II C along with background results, if they
are greater than or equal to 0.01 fibers per cubic centimeter or the
established background level, whichever is greater. Upon receipt of elevated air sample results,
the air sample results shall be submitted immediately, within the same business
day, to the Commissioner in care of the appropriate district office of the
Asbestos Control Bureau, where the project takes place.
56-4.11
Phase II C Satisfactory Clearance Air Sample Results
Criteria.
(a)
PCM Clearance
Criteria.
The PCM clearance air sample results shall be considered satisfactory
when every clearance air sample demonstrates an airborne concentration of
fibers of less than 0.01 fibers per cubic centimeter, or the established
background level(s), whichever is greater.
(b)
TEM Clearance
Criteria.
If TEM is the selected method of clearance air sampling and analysis,
the clearance criteria and sampling protocols of AHERA shall be used. If PCM
air sample analysis results exceed the satisfactory clearance air criteria
under this Part, then TEM analysis of the entire set of clearance air samples
may be used, provided that a standard accepted laboratory analysis method is
used that shall report each air sample result in fibers per cubic centimeter,
for appropriate correlation to the original unsatisfactory PCM clearance air
sample results and the established background level(s). When AHERA TEM air sampling protocols are not
used (i.e. TEM analyses of failed PCM air samples), PCM clearance criteria
apply
(c)
Submission of
Satisfactory Clearance Air Sample Results. The air sampling asbestos contractor shall
submit to the Commissioner, all satisfactory PCM clearance air sample results
along with background results, if they are greater than or equal to 0.01 fibers
per cubic centimeter. The air sampling
asbestos contractor shall also submit to the Commissioner, all sets of
satisfactory TEM analyses of previously unsatisfactory PCM clearance air sample
results, along with the unsatisfactory PCM results. These air sample results shall be submitted,
within two (2) business days of receipt of satisfactory clearance air results,
to the Commissioner in care of the appropriate district office of the Asbestos
Control Bureau, where the project takes place.
56-4.12
Unsatisfactory Clearance Air Sample Results. If the
regulated abatement work area clearance air sampling results are unacceptable,
the following requirements apply:
(a)
If the results of the
inside work area group of air samples are unsatisfactory, recleaning of
regulated abatement work area surfaces using wet methods, followed by another
drying time period and then collection and analysis of an additional full set
(both inside and outside work area samples) of clearance air samples is
required (See Section 56-9.2).
(b)
If only the results of
the outside work area group of air samples is unsatisfactory, clean-up of
surfaces outside of the regulated abatement work area using HEPA-vacuums and
wet-cleaning methods shall be performed prior to collection and analysis of an
additional group of outside work area clearance air samples as required by
Section 56-9.2.
(c)
This
recleaning/clean-up and sampling process shall be repeated until satisfactory
clearance air sampling results have been achieved for all asbestos project
non-exempt regulated abatement work areas throughout the entire work site.
|
Air Sampling Requirements by Asbestos
Project & Regulated Abatement Work Area Size |
Phase I B Background Air Sampling |
Phase
II A Work
Area Preparation Air Sampling |
Phase
II B Asbestos Handling Air
Sampling |
Phase
II C Final
Cleaning & Clearance Air Sampling |
|
LARGE ASBESTOS PROJECT OR LARGE SIZE
REGULATED ABATEMENT WORK AREA |
Required |
Required(5) |
Required |
Required(6) |
|
Minimum Samples Required (1) |
5 Inside Regulated Abatement Work Area & 5 Outside Regulated Abatement Work
Area in Building/Structure (2) |
1 per
decontamination entrance/exit 1 per negative
air exhaust or per bank of 5 exhausts 2 at critical
barriers 1 outside the
building/structure |
5 Inside Regulated Abatement Work Area (7) & 5 Outside Regulated Abatement Work
Area in Building/Structure (2) |
|
|
SMALL ASBESTOS PROJECT OR SMALL SIZE
REGULATED ABATEMENT WORK AREA |
Required |
Not Required |
Required(6) |
|
|
Minimum Samples Required (1) |
3 Inside Regulated Abatement Work Area & 3 Outside Regulated Abatement Work
Area in Building/Structure (2) |
0 |
3 Inside Regulated Abatement Work Area & 3 Outside Regulated Abatement Work
Area in Building/Structure (2) |
|
|
MINOR ASBESTOS PROJECT OR MINOR SIZE
REGULATED ABATEMENT WORK AREA |
Not Required |
Not Required |
Required(3, 4) |
|
|
Minimum Samples Required (1) |
0 |
0 |
1 Inside Regulated Abatement Work Area & 1
Outside Regulated Abatement Work Area |
|
Notes:
(1)
For sample location and total number required, see Subparts
56-6 through 56-9.
(2)
1 sample outside the building/structure if entire
building/structure is regulated abatement work area.
(3)
Required on glove bag failure or loss of integrity, or tent
failure or loss of integrity.
(4)
Required for an Incidental Disturbance Project or if minor
size regulated abatement work area is part of small or large asbestos project.
(5)
Required for all OSHA Class I and Class II Friable ACM
asbestos projects.
(6)
During IIC final cleaning stage, air sampling as per Phase
IIB is required.
(7)
One additional inside sample shall be required for every
5,000 sq. ft. above 25,000 sq. ft. of floor space within the regulated
abatement work area.
SUBPART 56-5
PHASE IA: ASBESTOS SURVEY PLANNING AND DESIGN
56-5.1 Asbestos Survey
Requirements for Building/Structure Demolition, Renovation, Remodeling and
Repair
(a)
Asbestos Survey Required. An owner or an
owner’s agent, except the owner of one and two-family dwellings who contracts
for, but does not direct or control the work, shall cause to be conducted, an
asbestos survey completed by a licensed asbestos contractor using inspectors
certified in compliance with Section 56-3.2(d), to determine whether or not the
building or structure, or portion(s) thereof to be demolished, renovated,
remodeled, or have repair work, contains ACM, PACM or asbestos material. This asbestos survey shall be completed and
submitted as indicated in Subdivision (g) of this Section, prior to commencing
work. All such asbestos surveys shall be
conducted in conformance with the requirements of Subdivision (e) of this
Section.
(b)
Exemptions To Asbestos Survey Requirements: The asbestos
survey required by this Subdivision (a) of this Section shall not be required
for the following classes of buildings or structures:
(1)
an agricultural
building;
(2)
buildings or
structures for which original construction commenced on or after January 1,
1974;
(3)
A structure certified
in writing to be structurally unsound by a licensed Professional Engineer,
Registered Architect, Building Inspector, Fire Inspector or other official of
competent jurisdiction. (See Section 56-11.5)
(c)
Building/Structure Demolition. If a
building/structure asbestos survey is not required or performed per Subdivision
(b) of this Section, and the building/structure is certified to be unsound or
slated for contracted demolition, the building/structure shall be assumed to
contain asbestos, and shall be demolished per this Part, unless the
building/structure is adequately certified to be free of asbestos containing
material. Acceptable documentation for
certification shall be a previous thorough building/structure asbestos survey,
abatement records or other documentation acceptable to the Commissioner or his
or her representative.
(d)
Responsibility To Comply. No exemption to the requirement
to conduct an asbestos survey shall exempt any person, asbestos contractor,
property owner or business entity from the inspection or asbestos survey
requirements of EPA, OSHA, and any other applicable section of this Part.
(e)
Building/Structure Asbestos Survey Requirements. The asbestos survey shall include a thorough
inspection for and identification of all PACM, suspect miscellaneous ACM, or
asbestos material throughout the building/structure or portion thereof to be
demolished, renovated, remodeled, or to have repair work. The required inspection shall be performed by
a certified asbestos inspector, and, at a minimum, shall include identification
of PACM, suspect miscellaneous ACM or asbestos material by all of the following
methods:
(1)
The review of
building/structure plans and records, if available, for references to asbestos,
ACM, PACM, suspect miscellaneous ACM or asbestos material used in construction,
renovation or repair; and
(2)
A visual inspection
for PACM and suspect miscellaneous ACM throughout the building/structure or
portion thereof to be demolished, renovated, remodeled, or repaired. For the purpose of this Part, all PACM and
suspect miscellaneous ACM visually assessed shall be treated and handled as ACM
and shall be assumed to be ACM, unless bulk sampling is conducted as per this
Section, standard EPA and OSHA accepted methods, including multi-layered
systems sampling protocols; the subsequent analyses are performed by a
laboratory that meets the requirements of Section 56-4.2 of this Part; and the
analyses satisfies both ELAP and federal requirements, including multi-layered
sample analyses, to document non-asbestos containing material.
(f)
Building/Structure Asbestos Survey Information.
(1)
The asbestos survey
shall, at a minimum, identify and assess with due diligence, the locations,
quantities, friability and conditions of all types of installations at the
affected portion of the building/structure relative to the ACM, suspect
miscellaneous ACM, PACM or asbestos material contained therein. The following list is not inclusive of all
types of ACMs, it only summarizes typical ACMs.
The certified asbestos inspector is responsible for identification and
assessment of all types ACM, PACM, suspect miscellaneous ACM and asbestos
material within the affected portion of the building/structure:
PACM
(i)
Surfacing Treatments:
(a)
Fireproofing;
(b)
Acoustical Plaster;
(c)
Finish Plasters;
and
(d)
Skim Coats of
Joint Compound.
(ii)
Thermal System Insulation:
(a)
Equipment
Insulation;
(b)
Boiler, Breeching,
Boiler Rope, Duct, or Tank Insulation, Cement or Mortar Used for Boilers and
Refractory Brick;
(c)
Piping and Fitting
Insulations including but not limited to, Wrapped Paper, Aircell, Millboard,
Rope, Cork, Preformed Plaster, Job Molded Plaster and coverings over fibrous
glass insulation.
SUSPECT MISCELLANEOUS ACM
(i)
Roofing and Siding Miscellaneous Materials:
(a)
Insulation Board;
(b)
Vapor Barriers;
(c)
Coatings;
(d)
Non-Metallic or
Non-Wood Roof Decking
(e)
Felts;
(f)
Cementitious Board
(Transite);
(g)
Flashing;
(h)
Shingles; and
(i)
Galbestos.
(ii)
Other Miscellaneous Materials:
(a)
Dust and Debris;
(b)
Floor Tile;
(c)
Cove Base;
(d)
Floor Leveler
Compound;
(e)
Ceiling Tile;
(f)
Vermiculite Insulation
(g)
Gaskets, Seals,
Sealants (including for condensate control);
(h)
Vibration
Isolators;
(i)
Laboratory Tables
and Hoods;
(j)
Chalkboards;
(k)
Pipe Penetration
Packing or Other Firestopping Materials
(l)
Cementitious
Board;
(m)
Electrical Wire
Insulation;
(n)
Fire Curtains;
(o)
Fire Blankets;
(p)
Fire Doors;
(q)
Brakes and
Clutches;
(r)
Mastics, Adhesives
and Glues;
(s)
Caulks;
(t)
Sheet Flooring
(Linoleum);
(u)
Wallpaper;
(v)
Drywall;
(w)
Plasterboard
(x)
Spackling/Joint
Compound;
(y)
Textured Paint;
(z)
Grout;
(aa) Glazing Compound; and
(ab) Terrazzo.
(2)
All ACM, PACM, suspect
miscellaneous ACM, or asbestos material reported under Paragraph (1) of this
Subdivision shall include the location of the materials, an estimate of the
quantities, types, friability and condition of the identified materials to be
treated and handled as ACM. For the
purpose of this Part, all PACM and suspect miscellaneous ACM visually assessed
shall be treated and handled as ACM and shall be assumed to be ACM, unless bulk
sampling is conducted as per this Section, standard EPA and OSHA accepted
methods, including multi-layered systems sampling protocols; the subsequent
analyses are performed by a laboratory that meets the requirements of Section
56-4.2 of this Part; and the analyses satisfies both ELAP and federal
requirements, including multi-layered sample analyses, to document non-asbestos
containing material.
(3)
The building/structure
asbestos survey shall also include the building/structure name, address, the
building/structure owner’s name and address, the name and address of the
owner's agent, the name of the firm performing the asbestos survey and a copy
of the firm’s current asbestos handling license, the names of the certified
inspector(s) performing the survey and a copy of the current asbestos handling
certificate for each inspector utilized, the dates of the asbestos survey, a
listing of homogeneous areas identifying which ones are ACM, all laboratory
analyses reports for bulk samples collected, and copies of the appropriate
certifications for the laboratory used for analysis of samples taken during the
asbestos survey.
(g)
Transmittal of Building/Structure Asbestos Survey
Information. One (1) copy of the results of the
building/structure asbestos survey shall be immediately transmitted by the
building/structure owner as follows:
(1)
One (1) copy of the
completed asbestos survey shall be sent by the owner or their agent to the
local government entity charged with issuing a permit for such demolition,
renovation, remodeling or repair work under applicable State or local laws.
(2)
The completed asbestos
survey for controlled demolition (as per Subpart 56-11.5) or pre-demolition
asbestos projects shall also be submitted to the appropriate Asbestos Control
Bureau district office.
(3)
The completed asbestos
survey shall be kept on the construction site with the asbestos notification
and variance, if required, throughout the duration of the asbestos project and
any associated demolition, renovation, remodeling or repair project.
(h)
Removal Required. If the building/structure asbestos survey
finds that the portion of the building/structure to be demolished, renovated,
remodeled, or have repair work contains ACM, PACM, suspect miscellaneous ACM
assumed to be ACM, or asbestos material, which is impacted by the work, the
owner or the owner’s agent shall conduct, or cause to have conducted, asbestos
removal performed by a licensed asbestos abatement contractor in conformance
with all standards set forth in this Part.
All ACM, PACM, suspect miscellaneous ACM assumed to be ACM, or asbestos
material impacted by the demolition, renovation, remodeling or repair project
shall be removed as per this Part, prior to access or disturbance by other
uncertified trades or personnel. No
demolition, renovation, remodeling or repair work shall be commenced by any
owner or the owner’s agent prior to the completion of the asbestos abatement in
accordance with the notification requirements of this Part. For multi-phased work, the access restriction
for uncertified trades or personnel applies to each intermediate portion of the
entire project. Upon completion of the
intermediate portion of the asbestos project, other trades or personnel may
access that portion of the work site.
For demolition projects that are exempt from asbestos survey
requirements due to being structurally unsound, the demolition is considered an
asbestos project and shall proceed as per Section 56-11.5.
(1)
All building/structure
owners and asbestos abatement contractors on a demolition, renovation,
remodeling, or repair project, which includes work covered by this Part, shall
inform all trades on the work site about PACM, ACM, asbestos material and
suspect miscellaneous ACM assumed to be ACM at the work site.
(i)
Bidding. Bids may be advertised and contracts awarded
for demolition, remodeling, renovation, or repair work, but no work on the
current intermediate portion of the project shall commence on the demolition,
renovation, remodeling or repair work by any owner or agent prior to completion
of all necessary asbestos abatement work for the current intermediate portion
of the entire project, in conformance with all standards set forth in this
Part.
(j)
Unidentified and Unassessed Asbestos. When any
construction activity, such as demolition,
remodeling, renovation or repair work, reveals PACM or suspect
miscellaneous ACM that has not been identified by the asbestos survey per this
Part, or has not been identified by other inspections as per current OSHA or
EPA requirements, all activities shall cease in the area where the PACM or
suspect miscellaneous ACM is found and the Asbestos Control Bureau shall be
notified by telephone by the building/structure owner or their representative,
followed with a written notice in accordance with the notification requirements
of this Part. Unassessed PACM or suspect
miscellaneous ACM shall be treated and handled as ACM and assumed to be ACM,
unless proven otherwise by standard EPA and OSHA accepted methods, including
multi-layered systems sampling protocols; subsequent analyses performed by a
laboratory that meets the requirements of Section 56-4.2 of this Part; and the
analyses satisfies both NYS ELAP and federal requirements, including
multi-layered sample analyses, to document non-asbestos containing material.
PHASE 1B: BACKGROUND AIR SAMPLING
56-6.1
General Requirements. See Subpart 56-4
56-6.2 Number and Location of Background Air Samples.
(a)
Phase 1 B Background Sampling -
Large Asbestos Project. Prior
to asbestos abatement contractor mobilization and starting Phase II A, a
minimum of five (5) samples shall be taken
inside the intended regulated abatement work area, and a minimum of five (5) samples
shall be taken outside of the intended regulated abatement work area within the
building or structure in uncontaminated areas that are within ten (10) feet of
the anticipated locations of isolation or critical barriers. If the entire building/structure is the
intended regulated abatement work area, the five (5) air samples outside the
regulated abatement work area shall be eliminated, and a minimum of one (1)
background ambient air sample shall be taken outside of the building or
structure, as close as possible to the area where abatement work is to be
conducted. (See Table 2 in Subpart 56-4)
(b)
Phase I B Background Sampling -
Small Asbestos Project. Prior to asbestos abatement contractor
mobilization and starting Phase II A, a minimum of three (3) samples shall be
taken inside the intended regulated abatement work area and three (3) samples
shall be taken outside of the intended regulated abatement work area within the
building or structure in uncontaminated areas that are within ten (10) feet of
the anticipated locations of isolation or critical barriers. If the entire building/structure is the
intended regulated abatement work area, the three (3) air samples outside the
regulated abatement work area shall be eliminated, and a minimum of one (1) background
ambient air sample shall be taken outside of the building or structure, as
close as possible to the area where abatement work is to be conducted. (See
Table 2 in Subpart 56-4)
(c)
Phase I B Background Sampling – Minor Asbestos
Project. Not Required.
56-6.3
Establishment of Background
Level. The most elevated air sample result per group
of inside work area or outside work area background air samples comprise the
established background level(s) for that intended regulated abatement work
area.
PHASE II A : WORK AREA PREPARATION
56-7.1 Air Sampling Requirements.
(a)
Personal Air Sampling. Air sampling shall be performed in the
worker’s breathing zone, by the asbestos contractor for his personnel, as
required by current OSHA regulations.
(b)
Daily Air Sampling. Project air sampling shall be conducted daily
for the full workshift, for all Large size projects with OSHA Class I or OSHA Class
II friable ACM subject to handling/abatement.
(See Table 2 within Subpart 56-4) If more than one daily workshift is required
to accomplish the work, air sampling shall be performed on each workshift. Air sampling is not required on days when
there are no Phase II A activities.
(c)
Number And Location Of Samples – Large Asbestos Projects. A minimum of five
(5) samples shall be taken on a daily basis.
The location of samples to be taken are as follows:
(1)
A minimum of two (2)
samples shall be taken outside the regulated abatement work area, within ten
(10) feet of the isolation or critical barriers. When positive pressurized HVAC ducts are
located within the regulated abatement work area, one of these samples shall be
collected within ten (10) feet of an HVAC diffuser, at the downstream side of
the positive pressurized HVAC ducts, in adjoining non-work areas. Where the entire building/structure is the
regulated abatement work area, an additional exterior ambient air sample,
remote from that in Paragraph (3) of this Subdivision below shall be taken.
(2)
A minimum of one (1)
sample shall be taken outside the regulated abatement work area, within ten
(10) feet of and within proximity to each entrance or exit from the regulated
abatement work area.
(3)
One (1) ambient air
sample shall be taken outside the building or structure within twenty-five (25)
feet of the building or structure.
(4)
Once the negative air
systems have been established, one (1) sample shall be taken in front of and
within ten (10) feet of each unobstructed, negative pressure ventilation
equipment exhaust or bank (grouping of not more than five (5) exhaust ports at
one termination area) of exhausts but not within a duct itself.
(5)
Once the negative air
systems have been established, where negative ventilation unit exhaust ducts
run through the non-work area portions of a building or structure to access the
exterior, one (1) sample shall be collected in the building or structure,
within ten (10) feet of the duct system.
(6)
If remote
decontamination units are used, one (1) sample shall be collected at each
entrance/exit from each personal decontamination and waste decontamination
enclosure.
(d)
Work Stoppage Criteria During Phase II A Abatement
Procedures. If air samples collected outside the regulated abatement
work area, indicate airborne fiber concentrations at or above 0.01 fibers per
cubic centimeter, or the established background level, whichever is greater,
work shall stop immediately for inspection and repair of barriers and negative
air ventilation systems as necessary.
Clean up of surfaces outside of the regulated abatement work area using
HEPA-vacuums and wet-cleaning methods shall be performed prior to resumption of
work area preparation activities. A
summary of clean up activities and the results of barrier inspections including
any necessary repairs, shall be documented in the supervisor’s daily project
log. Work methods shall be altered
accordingly to reduce fiber concentrations to acceptable levels. No ACM, PACM or asbestos material shall be
disturbed during Phase IIA activities.
56-7.2 Materials and Equipment.
(a)
Storage of Materials. Asbestos Project non-ACM
preparatory and waste transfer materials (i.e. plastic sheeting, duct tape,
clean waste containers, etc.) shall be stored to prevent damage or
contamination. Replacement materials
shall be stored outside all project regulated abatement work areas, staging
areas and waste transfer/storage areas until Phase II C is completed.
(b)
Damaged or Deteriorating
Materials.
Damaged or deteriorating non-ACM materials shall not be used and shall
be removed from the premises.
(c)
Fireproofing or Insulation
Replacement. When ACM,
PACM or asbestos material that has been used for fireproofing or insulation
(thermal, chemical, electrical, acoustical, etc.) has been removed as part of
an asbestos project, and the building is not scheduled for demolition or
replacement of the affected building system, fireproofing or insulation at
least equivalent to that removed, shall be installed and maintained by the
building/structure owner in conformance with all applicable codes.
(d)
Adhesive Materials. Duct
tape and spray adhesive shall be capable of sealing joints of adjacent sheets
of plastic, facilitating attachment of plastic sheets to finished or unfinished
surfaces of dissimilar materials and adhering under both dry and wet
conditions.
(e)
Caulks. Non-ACM products shall be used to seal
openings and penetrations during regulated abatement work area preparation and
installation of critical barriers.
(f)
Containers. Watertight lockable
containers shall be provided to receive and retain any asbestos containing or contaminated
material for storage until disposal. The
containers shall be marked with danger labels.
(g)
Enclosure Project Material. Materials for
enclosure projects shall be impact resistant and installed to be airtight.
(h)
Fire-Retardant Expandable Foam. Non-ACM products with a flashpoint above 140
degrees Fahrenheit, shall be used to seal openings and penetrations during
regulated abatement work area preparation and installation of critical
barriers.
(i)
Ladders or Scaffolds. Where ladders or
scaffolds are used on a project to allow all work surfaces to be easily and
safely reached for removal and cleaning, care shall be taken to prevent
breaching of the containment areas.
Scaffold joints and ladder openings shall be sealed with duct tape to
prevent incursion of asbestos.
Scaffolds, ladders and their use shall comply with OSHA 29 CFR 1926 and other applicable codes.
(j)
Ladders and Scaffolds for
Visitors. During Phase II of the asbestos project, the
asbestos abatement contractor shall make
available, to authorized visitors, ladders or scaffolds of sufficient dimension
and quantity so that all work surfaces can be easily and safely reached. Scaffolds, ladders and their use shall comply with OSHA 29 CFR
1926 and other applicable codes.
(k)
Plastic Bags. Plastic bags used for waste storage or
disposal shall be at least six (6) mil in thickness and be marked with danger
labels.
(l)
Plastic Sheeting. Fire-retardant
plastic sheeting of at least six (6) mil thickness in sizes and shapes to
minimize the number of joints shall be used.
(m)
Repair Materials. Non-ACM materials
shall be used. Repair materials shall be
compatible with existing materials and substrates. Insulation and other repair materials shall
also comply with all applicable building, energy and fire codes and shall be
installed in accordance with these codes and manufacturer’s recommendations.
(n)
Surfactants. Any surfactant used
shall be non-carcinogenic and non-toxic in its liquid form.
(o)
Ventilation for Power Tools. Power tools used to
drill, cut, or otherwise disturb asbestos material in regulated abatement work
areas, shall be manufacturer equipped with HEPA-filtered local exhaust
ventilation.
56-7.3 Asbestos Abatement Contractor Daily Project Log. The asbestos abatement contractor shall
maintain a daily project log of all pertinent events that occur throughout
Phase II of the asbestos project. This
project log shall be updated daily throughout Phase II by the on-site
supervisor, and shall be kept on-site for the duration of Phase II of the
asbestos project. This log shall be made
available upon verbal request of the Commissioner or his or her duly authorized
representative. The following list summarizes the various sections of this Part that require
entries into the daily project log by the asbestos abatement contractor
supervisor:
(a)
Sections 7.1(d),
8.1(c), 9.2(a)(2) – Work Stoppage Due to High Air Results. High air result(s)
shall be noted along with the time of the work cessation, results of barrier
and negative air system inspection, and a summary of any necessary repairs and
the required cleaning.
(b)
Section 7.8(a)(4) –
Manometer
(c)
Section 7.8(a)(10)
– Negative Air System. Daily (even days without workshifts)
inspection results and any necessary repairs to be documented.
(d)
Section 7.9(d)(3) –
HVAC System Positive Pressurization. Daily (even days without workshifts)
inspection and any necessary repairs to be documented.
(e)
Section 8.2(d) –
Inspection of Barriers. Daily (even days without workshifts)
inspection results and any necessary repairs to be documented. Inspections shall be twice per workshift on
days with scheduled work.
(f)
Section 8.2(f) –
Testing of Barriers and Enclosures. Daily testing as per Section 8.2(f) and any
resulting necessary repairs to be documented.
(g)
Section 8.2(h) –
Daily Cleaning of Enclosures. Cleaning to be documented daily at the end of
the workshift.
(h)
Section
8.6(b)(2)(iv) – Intermediate Completions. Results of each visual inspection and time of
each intermediate completion shall be documented by the supervisor in the daily
project log.
(i)
Section 9.1(d) –
Visual Inspection by Project Monitor Prior to Clearance Air Sampling. To be
documented in daily log by project monitor, along with supervisor.
(j)
Section 9.2(e) –
Visual Inspection by Project Monitor for Regulated Abatement Work Areas Exempt
from Clearance Air Sampling. To be documented in daily project log by
project monitor, along with supervisor.
(k)
Sections 9.3(c), 10.4,
11.2(f), 11.3(e), 11.4(d), 11.5(c), 11.6(e), 11.7(d), 11.8(d) – Final
Inspection. To be documented by supervisor at completion
of asbestos project.
56-7.4 Establishing Each Regulated Abatement Work Area.
(a)
Vacating of Regulated Abatement
Work Area.
The regulated abatement work area shall be vacated by the occupants and
non-certified personnel, prior to work area preparation, and shall remain
vacated until satisfactory clearance air-sampling results have been achieved or
the asbestos project is complete.
(b)
Restricted Entry. Entry to the regulated abatement work area shall be
restricted to the asbestos contractors involved with the asbestos project,
employees of the asbestos contractors, authorized visitors, and other public
safety personnel. Police and fire
officials may enter the work site and not be subject to this Part only on an
emergency basis.
(c)
Signs. Asbestos warning signs, required as per
current OSHA regulations shall be posted to restrict access to the regulated abatement work area at all locations and approaches to a location where
airborne concentrations of asbestos may exceed ambient background levels. During Phase II A - D activities,
signs shall be posted at locations such that persons may take the necessary
protective measures to avoid potential exposure.
56-7.5 Personal and Waste Decontamination System Enclosures
(a)
Installation. Personal
decontamination system enclosures shall be constructed and functional prior to
commencing the remainder of the Phase IIA regulated abatement work area
preparation activities. Waste
decontamination system enclosures shall be constructed and functional at the
completion of Phase IIA preparation activities.
After installation of the personal decontamination system enclosure, all
access to the regulated abatement work area shall be via the installed personal
decontamination system enclosure.
(b)
Personal Decontamination System
Enclosure - Large Project.
(1)
Enclosure
– General. A personal decontamination system enclosure
shall be provided outside the regulated abatement work area and attached to all
locations where personnel shall enter or exit the regulated abatement work
area. One personal decontamination
enclosure system for each regulated abatement work area shall be required. This system may utilize adequate existing
lighting sources separate from the decontamination system enclosure, or shall
be supplied with a GFCI protected temporary lighting system. The personal decontamination system enclosure
shall be sized to accommodate the number of workers and equipment required for
the intended purpose. Such system may
consist of existing attached rooms outside of the regulated abatement work
area, if the layout is appropriate, that can be plasticized and are accessible
from the regulated abatement work area. When this situation does not exist, personal
decontamination enclosure systems may be constructed of metal, wood or plastic
supports covered with fire-retardant plastic sheeting. A minimum of one (1) layer of six
(6) mil fire-retardant plastic sheeting shall be installed on the ceiling, and
walls of the enclosure system. At least
two (2) layers of six (6) mil fire-retardant reinforced plastic sheeting shall
be used for flooring protection of this area.
This system
must be kept clean, sanitary and climate controlled at all times in conformance
with all federal, state and local government requirements. This system
shall remain on-site,
operational and be used until completion of
Phase II C of the asbestos project.
(2)
Rooms and Configuration. The personal
decontamination system
enclosure shall consist of a clean room, a
shower room and an equipment room connected in series but separated from each
other by airlocks. There shall be a
curtained doorway separation between the equipment room and the regulated
abatement work area, and there shall be a lockable door to the outside. (See
Figure 1 within this Section) Minimum
dimensions for each airlock, shower room and equipment room shall be three (3)
feet wide by six (6) feet in height, to allow for adequate access to and from
the regulated abatement work area.
(3)
Curtained Doorway. An assembly which consists of at least three
(3) overlapping sheets of six (6) mil fire retardant plastic over an existing
or temporarily framed doorway. One sheet
shall be secured at the top and left side, the second sheet at the top and
right side, and the third sheet at the top and left side. All sheets shall have weights attached to the
bottom to insure that the sheets hang straight and maintain a seal over the
doorway when not in use.
(4)
Framing. Enclosures systems accessible to the public
shall be fully framed, hard-wall sheathed and utilize a lockable door for
safety and security.
(5)
Sheathing. A plywood or
oriented strand board (OSB) sheathing material of at least 3/8-inch thickness.
(6)
Plastic Sheeting. Enclosure systems constructed at the work site shall use at least one (1)
layer of six (6) mil fire-retardant plastic sheeting on walls and ceiling. At least two (2) layers of six (6) mil
fire-retardant reinforced plastic sheeting shall be used for floor protection
of this area.
(7)
Prefabricated or Trailer Units. A completely
watertight fiberglass or marine painted prefabricated unit does not require
plasticizing. Rooms shall be configured
as per paragraph (2) of this Section.
All prefabricated or trailer decontamination units shall be kept in good
condition, and shall be completely decontaminated after final cleaning and
immediately prior to clearance air sampling.
Upon receiving satisfactory clearance air results, the prefabricated
units shall be sealed then separated from the regulated abatement work area and
removed from the site.
(8)
Clean Room. The clean room
shall be sized to accommodate a full workshift of asbestos abatement contractor
personnel, as well as the air sampling technician and the project monitor. The clean room shall be a minimum of six (6)
feet in height. A minimum of thirty-two
(32) square feet of floor space shall be provided for every six (6) full shift
abatement workers, calculated on the basis of the largest work shift. If the largest work shift consists of three
(3) or less full shift abatement workers, the minimum clean room size
requirement is reduced to twenty-four (24) square feet of floor space. Benches, lockers and hooks shall be provided
for street clothes. Shelves for storing
respirators shall be provided. Clean
clothing, replacement filters for respirators, towels and other necessary items
shall be provided. The clean room shall
not be used for storage of tools, equipment or materials. It shall not be used for office space. A lockable door shall be provided to permit
access to the clean room from outside the regulated abatement work area or
enclosure and shall be used to secure the regulated abatement work area and
decontamination enclosure during non-work hours.
(9)
Shower Room. The
shower room shall contain one (1) shower per every six (6) full shift abatement
workers, calculated on the basis of the largest work shift. Multiple showers shall be simultaneously
accessible (installed in parallel) to certified personnel. Each showerhead shall be supplied with hot
and cold water adjustable at the tap.
The shower enclosure shall be constructed to ensure against leakage of
any kind. Uncontaminated soap, shampoo
and towels shall be available at all times.
Shower water shall be drained, collected and filtered through a system
with at least 5.0-micron particle size collection capability. Submersible pumps shall be installed,
maintained and utilized in accordance with pertinent OSHA regulations and
manufacturer’s recommendations. A
multi-stage filtering system containing a series of several filters with
progressively smaller pore sizes shall be used to avoid rapid clogging of the
filtering system by larger particles.
Filtered wastewater shall be discharged in accordance with applicable
codes. Contaminated filters shall be
disposed of as asbestos-contaminated waste.
(10)
Equipment Room. The
equipment room shall be used for the storage of decontaminated equipment and
tools. A one (1) day supply of replacement
filters for HEPA-vacuums and negative pressure ventilation equipment in sealed
containers, extra tools, containers of surfactant and other materials and
equipment that may be required during the abatement project may also be stored
here. A container lined with a
labeled, at least six (6) mil plastic bag for collection of clothing shall be
located in this room. Contaminated
footwear and work clothes shall be stored in this area.
(11)
Airlocks. Airlock construction shall consist of two (2) curtained doorways with three (3) alternating six
(6) mil fire retardant polyethylene curtains per doorway, separated by a
distance of at least three (3) feet, such that one passes through one doorway
into the airlock, allowing the doorway sheeting to overlap and close off the
opening before proceeding through the next doorway. Minimum airlock size shall be three (3) feet
wide, by three (3) feet long, by six (6) feet in height.
(c)
Personal
Decontamination System Enclosure - Small Project.
(1)
Enclosure Requirements. A personal
decontamination system enclosure for a Small asbestos project shall consist of,
at a minimum, an equipment room, a shower room and a clean room separated from
each other and from the regulated abatement work area and other areas by
curtained doorways as defined in Section 56-2.1. All other provisions for personal
decontamination system for a Large asbestos project shall apply. Equipment storage, personal gross
decontamination and removal of clothing shall occur in the equipment room just
prior to entering the shower. (See
Figure 4 in this Section) The full
personal decontamination system enclosure specified for Large asbestos projects
is recommended.
(d)
Remote Personal Decontamination
System Enclosure. If a personal
decontamination system cannot be attached to the regulated abatement work area,
due to available space restrictions or other building and fire code
restrictions, a remote personal decontamination system enclosure may be used for limited Special Projects as
per subpart 56-11, negative pressure tent enclosure work areas with glovebag
only abatement, or if non-friable ACM is being removed
in a manner which will not render the ACM friable.
Limitation.
If it is found during Phase IIB, that the non-friable ACM or asbestos
material will become friable during the removal process, and it is logistically
possible to attach the decontamination system enclosure, abatement work must
stop immediately while the remote personal decontamination system is relocated
to be attached and contiguous to the regulated abatement work area.
The
following requirements apply for all remote personal decontamination systems:
(1)
Protective
Clothing.
Workers shall don two (2) sets of disposable protective clothing and a
supply of protective clothing shall be kept in the airlocks attached to the
regulated abatement work area.
(2)
Location. The remote personal
decontamination system shall be constructed as close to the regulated abatement
work area as physically possible. If the
remote personal decontamination system must be located at the exterior of the
building/structure due to space or code restrictions, it shall be constructed
within fifty (50) feet of the building/structure exit used for access by the
asbestos abatement contractor personnel.
The decontamination unit shall be cordoned off at a distance of
twenty-five (25) feet to separate it from public areas.
(3)
Airlocks. At a minimum, two
(2) extra airlocks as defined in Section 56-2.1 shall be constructed as per
Section 56-7.5(b)(11). One shall be
constructed at the entrance to the equipment room or equipment/washroom. The other extra airlock shall be constructed
at the entrance to the containment or regulated abatement work area(s). These
airlocks shall have lockable doorways at the entrance to the airlock from
uncontaminated areas. These airlocks
shall be cordoned off at a distance of twenty-five (25) feet and appropriately signed in
accordance with Section 56-7.4(c).
Airlocks shall not be used as a waste decontamination area and shall be
kept clean and free of asbestos containing material.
(4)
Designated Pathway. The walkway from the
regulated abatement work area to the personal decontamination system or next
regulated abatement work area shall be cordoned off and signage installed as
per Section 56-7.4(c), to delineate it from public areas while in use during
Phase IIA through IID.
(5)
Travel Through Uncontaminated
Areas. If at any time a
worker must travel through an uncontaminated area to access the personal
decontamination area, the worker shall HEPA-vacuum and/or wet wipe his/her
outer protective clothing while in the regulated abatement work area, then
proceed into the airlock, which serves as a changing area, where he/she shall
remove the outer clothing and don a clean set of protective clothing. The worker may then proceed to the personal decontamination
system enclosure only along a designated pathway as described above. Travel in any other area shall not be
allowed.
(6)
Removal. The remote personal
decontamination unit shall be removed only after satisfactory clearance air
sampling results have been achieved.
(e)
Waste Decontamination System Enclosure - Large and Small Asbestos Projects.
(1)
Enclosure – General. A waste
decontamination system enclosure shall be provided outside the regulated abatement
work area and shall be attached to the regulated abatement work area. One (1) waste decontamination enclosure for
each regulated abatement work area shall be required. This system may utilize adequate existing lighting sources separate
from the decontamination system enclosure, or shall be supplied with a GFCI protected temporary lighting
system. The waste decontamination system
enclosure shall be sized to accommodate the number of workers and equipment for
the intended purpose. Such system may
consist of existing attached rooms outside of the regulated abatement work
area, if the layout is appropriate, that can be plasticized and are accessible
from the regulated abatement work area.
When this situation does not exist, enclosure systems may be constructed
of metal, wood or plastic supports covered with fire-retardant plastic
sheeting. A minimum of one (1) layer of six (6) mil fire-retardant plastic sheeting shall
be installed on the ceiling, and walls of the enclosure system. At least two (2) layers of six (6) mil
fire-retardant reinforced plastic sheeting shall be used for flooring
protection of this area. This system
must be kept clean, sanitary and climate controlled at all times in conformance
to all federal, state and local government requirements. This system shall remain and be used until
completion of Phase II C of the asbestos project.
(2)
Rooms and Configuration. A waste
decontamination system enclosure shall consist of a washroom and a holding area
connected in series but separated from each other by an airlock. There shall be a lockable door to the
outside, and there shall be a curtained doorway between the washroom and the
regulated abatement work area. (See Figure 2 in this Section)
(3)
Curtained Doorway. An assembly which consists of at least three
(3) overlapping sheets of six (6) mil fire retardant plastic over an existing
or temporarily framed doorway. One (1)
sheet shall be secured at the top and left side, the second sheet at the top
and right side, and the third sheet at the top and left side. All sheets shall have weights attached to the
bottom to insure that the sheets hang straight and maintain a seal over the
doorway when not in use.
(4)
Washroom. A room/chamber
between the regulated abatement work area and the holding area in the waste
decontamination system enclosure, where equipment and waste containers are wet
cleaned or HEPA-vacuumed. Adequate
drainage and bag/container wash water shall be provided within the
room/chamber, as well as a sufficient quantity of clean waste bags/containers.
(5)
Equipment/Washroom Alternative. Where there is only
one (1) exit from the regulated abatement work area, the holding area of the
waste decontamination system enclosure may branch off from the equipment room
of the personal decontamination system enclosure. The equipment room will also be used as a
waste washroom. (See Figure 3 in this
Section)
(6)
Plastic Sheeting. Waste
decontamination system enclosures constructed at the work site shall use at
least one (1) layer of six (6) mil fire-retardant plastic sheeting on walls and
ceiling. At least two (2) layers of six
(6) mil fire-retardant reinforced plastic sheeting shall be used for flooring
protection of these areas.
(7)
Enclosure Security.
The waste decontamination system
enclosure and regulated abatement work area airlock(s) (when remote
decontamination systems are used) shall be constructed with lockable doors to
prevent unauthorized entry. Enclosures systems located within twenty-five (25)
feet of an area of public access shall be fully framed and hard-wall sheathed
for safety.
(8)
Drains. The waste washroom shall be equipped with a
wash bin of sufficient size to perform waste container washing operations and
shall have a submersible pump installed to collect waste water and deliver it
to the shower wastewater filtration system where it shall be filtered in
accordance with paragraph (b)(9) of this Section.
(9)
Shower/Washroom Alternative - Small Asbestos Project. For Small asbestos
projects with only one (1) exit from the regulated abatement work area, the
shower room may be used as a waste washroom.
The clean room shall not be used for waste storage, but shall be used
for waste transfer to carts, which shall be immediately removed from the
enclosure. Waste shall be transferred
only during times when the showers are not in use. (See Figure 4 in this
Section)
(f)
Waste Decontamination System
Enclosure – When Remote Personal Is Allowed. When a remote personal
decontamination system enclosure is allowed and utilized for a regulated
abatement work area, the following requirements shall apply:
(1)
Minor Size
Regulated Abatement Work Area. No specific waste decontamination system
enclosure is required for minor size regulated abatement work areas. The waste generated shall be immediately
bagged/containerized within the regulated abatement work area.
(2)
Small & Large
Size Regulated Abatement Work Areas.
(i)
Washroom. An additional
chamber shall be constructed within the regulated abatement work area, attached
to the existing airlock used to access the work area. The washroom/airlock combination shall be
utilized as the contiguous waste decontamination enclosure for waste bagging/containerization
and waste transfer activities. The
washroom shall be constructed and supplied with equipment/materials consistent
with waste decontamination system enclosure washroom requirements for
contiguous personal and waste decontamination system enclosures.
(ii)
Removal. The washroom chamber shall
be removed only after satisfactory clearance air sampling results have been
achieved.
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Reg.
Abate. Equipment Shower Clean Room Lockable
Work Room Doorway
Area
Not to
Scale
WASTE
DECONTAMINATION SYSTEM ENCLOSURE
(OPTIONAL FOR
SMALL ASBESTOS PROJECT)
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Reg.
Abate. Washroom
Holding Area Lockable
Work Doorway
Area
Not to Scale
(OPTIONAL FOR
SMALL ASBESTOS PROJECT)
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Holding Area Lockable
Reg. Equipment Doorway
Abate. and
Work Washroom
Area
Shower Clean Room
Lockable
Doorway
Not to Scale
FOR A SMALL
ASBESTOS PROJECT
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Reg.
![]()
Abate. Equipment Shower/ Clean Room Lockable
Work Room Washroom Doorway
Area

Not to Scale
56-7.6 Personal Protective Equipment (PPE). After the
installation of the personal decontamination system, full PPE in compliance
with current OSHA regulations shall be worn in regulated abatement work areas
during preparation activities, for all friable OSHA Class I or Class II
asbestos projects. Asbestos abatement
contractor’s respirator selection, filter selection, medical surveillance and
respiratory training must be consistent with current OSHA regulations. Appropriate respiratory protection is also
required of authorized visitors in accordance with this Part.
56-7.7
Electric Power. Shutdown and lock
out of electric power to all negative pressure containment enclosures within
the regulated abatement work areas shall be required as per current applicable
OSHA standards. All existing power to
fixtures, lights, machinery and outlets within the enclosure must be shut down
and locked out. The asbestos abatement
contractor shall provide temporary power and lighting to the regulated
abatement work area, and insure safe installation of temporary power sources
and equipment used where high humidity or water shall be sprayed in accordance
with all applicable codes. All temporary
power to regulated abatement work areas shall be brought in from outside the
regulated abatement work area. This
temporary power shall be protected by a ground fault circuit interrupter (GFCI)
before the entry point to the regulated abatement work area. The negative air equipment shall be on GFCI
protected circuits separate from the remainder of the regulated abatement work
area temporary power circuits. The GFCI
temporary power connections shall be located outside of the regulated abatement
work area, in a secure, dry area, which is accessible to the asbestos abatement
contractor.
(a)
Electric Power
Shutdown Exemption. If electrical circuits, machinery and other
electrical systems in or passing through the regulated abatement work area must
stay in operation due to health and safety requirements, the following
precautions must be taken:
(1)
All unprotected cables
(except low-voltage [less than 24 volts] communication and control system
cables), panel boxes of cables and joints in live conduit that run through the
regulated abatement work area shall be covered with three (3) independent layers
of six (6) mil fire retardant polyethylene.
Each layer shall be individually duct taped and sealed. All three (3) layers of polyethylene sheeting
shall be left in place until satisfactory clearance air sampling results have
been obtained.
(2)
Any energized circuits
remaining in the regulated abatement work areas shall be posted with a minimum
of two (2) inch high lettering warning sign which reads: DANGER LIVE ELECTRICAL
– KEEP CLEAR. The sign shall be placed
on all live covered barriers at a maximum of ten (10) foot intervals. These signs shall be posted in sufficient
numbers to warn all persons authorized to enter the regulated abatement work
area of the existence of the energized circuits.
(a)
Negative Air Pressure Equipment. All OSHA Class I,
Class III, and interior Class II asbestos abatement projects shall employ
negative air pressure equipment ventilation.
(1)
Operation. The negative air pressure
equipment shall operate continuously, twenty-four (24) hours a day, from
startup of negative air pressure equipment , through the cleanup operations and
satisfactory clearance air sampling results being obtained, or the asbestos
project is complete.
(2)
Timing of
Installation. The negative air ventilation units shall be
installed and made operational after the critical barriers and isolation
barriers are installed.
(3)
Negative Air Pressure. A negative air
pressure, relative to areas outside of the enclosure, shall be maintained at
all times in the regulated abatement work area during the asbestos abatement
project to ensure that contaminated air in the regulated abatement work area
does not escape back to an uncontaminated area.
(4)
Manometer. A manometer shall be used to document the
pressure differential for all OSHA Class I Large and Small size asbestos
project regulated abatement work areas.
A minimum of –0.02 column inches of water pressure differential,
relative to pressure outside the regulated abatement work area, shall be
maintained within the regulated abatement work area, as evidenced by manometric
measurements. Once installed, on a daily
basis at least twice per workshift, the asbestos abatement contractor’s
supervisor shall document the manometer reading within the daily project
log. The manometer shall be installed
and made operational once the negative air has been established in the
regulated abatement work area. Magnahelic
manometers shall be at a minimum calibrated semi-annually, and a copy of the
current calibration certification shall be posted at the work site during Phase
II operations.
(5)
Ventilation Units. If more than one
(1) primary HEPA-filtered ventilation unit is installed, the units shall be
turned on one (1) at a time and the integrity of temporary hardwall isolation
barriers checked for secure attachment or the need for additional reinforcement
shall be checked. A minimum of one (1)
additional unit having a capacity of at least equal to that of the primary unit
shall be installed, as a backup unit to be used upon primary unit failure, or
if necessary during primary unit filter changes. Ventilation Unit exhaust
ducting shall not exceed twenty-five (25) feet in length, due to reduction in
volumetric flow rates caused by friction.
(6)
Power Supply. A GFCI protected
temporary power supply shall be available to satisfy the requirements of the
total of all ventilation units.
(7)
Power Failure. In the event of
electric power supply failure, abatement shall stop immediately and shall not
resume until power is restored and exhaust units are operating fully. In the event of extended power failure
(longer than one hour), after evacuation of all persons from the regulated
abatement work area, the decontamination system enclosure facilities shall be
sealed airtight.
(8)
Air Changes. Negative air
pressure ventilation equipment shall be installed and operated continuously to
provide at least four (4) air changes in the regulated abatement work area
every hour including during clearance air sampling.
(9)
Openings in Enclosure. Openings made in
the enclosure system to accommodate these units shall be made airtight with
duct tape or caulking or both. Where
possible, the intake side of the negative air ventilation unit shall remain
within the regulated abatement work area to permit filter changing, while
minimizing equipment contamination and the likelihood of contamination of
non-work areas.
(10) Installation and Care. Proper installation procedures, including use
of appropriate filters and manufacturer’s recommended operating procedures
shall be followed.
(i)
Each HEPA filter
should be individually tested and certified by the manufacturer to have an
efficiency of not less than 99.97% when challenged with 0.3 micron
particles. Testing shall be in
accordance with accepted methodologies, and each filter should bear an
appropriate UL label to indicate ability to perform under specified
conditions.
(ii)
Negative pressure HEPA
filtered ventilation units shall be exhausted to the outside of the building or
structure and away from public access and to a controllable area.
(iii)
Air sampling at
exhaust duct termination locations and daily inspections shall be conducted to
insure that procedures are followed to maintain the negative pressure air
ventilation filtration systems.
(iv)
Pre-filters, secondary
filters and HEPA-filters shall be replaced when dirty.
(v)
Ducts of at least
equivalent shape and dimension as those of the negative pressure ventilation
exhaust shall be used to exhaust to the outside of the building or
structure.
(vi)
All fans, ducts and
joints shall be sealed, braced and supported to maintain an airtight
system.
(vii)
Once installed and
operational, daily inspections shall be conducted to insure the airtight
integrity of the system, and the findings shall be documented by the asbestos
abatement contractor’s supervisor in the daily project log. Inspection, necessary repairs and documenting
is required daily, including days when no Phase IIB or IIC work or support
activities are scheduled.
(viii) A four (4) foot high construction fence with appropriate
signage in compliance with Section 7.4(c) shall be constructed at a minimum of
ten (10) feet from the end of the exhaust duct tube, or bank of duct tubes, to
surround and control this area from public access. For ground level exhaust duct terminations at
the immediate exterior of the building/structure, the fence shall be installed
at the tube discharge location.
(11) Exhaust Location. The
exhaust shall be vented to the outside of the building or structure, to a controllable
area away from public access. Each
negative pressure ventilation unit exhaust duct shall not terminate less than
fifteen (15) feet from a receptor or adversely affect the air intake of any
building or structure. If the exhaust
duct termination location for this Section cannot be met due to allowable space
restrictions or the regulated abatement work area being located above the
ground floor, the exhaust shall terminate at the exterior of the building or
structure, and all receptors less then fifteen (15) feet from the exterior
exhaust duct termination location shall be plasticized with two (2) layers of
at least six (6) mil polyethylene.
Exhaust tubes may be grouped together in banks of no more than five (5)
tubes, with each tube exhausting separately and the bank of tubes terminating
together at the same controlled area.
(i)
Exception. HEPA-filtered vacuums
used to exhaust Minor size tent enclosure regulated abatement work areas, do
not require exhausting to the exterior of the building/structure.
(b)
Exemption From Ventilation And
Use of Negative Pressure Equipment.
(1)
The use of negative
pressure air equipment is not required for the following:
(i)
OSHA Class II
non-friable ACM exterior projects;
(ii)
asbestos projects
where enclosures (i.e. hard walls, tents, etc.) are not required by this Part;
(iii)
Controlled demolition
asbestos abatement projects. (see Section 56-11.5)
(2)
This exemption does
not relieve the asbestos abatement contractor from the negative pressure
equipment requirements on other portions of the same project that require the
use of negative pressure equipment.
56-7.9
Heating, Ventilation, and Air
Conditioning (HVAC) Systems
(a)
Isolation. HVAC systems shall
be isolated from the regulated abatement work area. Acceptable means of HVAC system isolation
include:
(1)
Shutdown and Isolation. Shutdown and
isolation of HVAC systems to prevent contamination and asbestos dispersal to
other areas of the building or structure.
(2)
Local Isolation. Local isolation and
provision for temporary HVAC.
(3)
Positive Pressurization. Positive pressurization of the HVAC system.
(i)
Positive
pressurization shall be restricted to circumstances where HVAC must service the
remainder of the building or structure and the HVAC equipment is in the
regulated abatement work area or the ducts run through the regulated abatement
work area. The appropriate HVAC duct and
plenum outlets, inlets and exhaust dampers shall be sealed with caulking and a
minimum 3/8-inch thickness plywood, or oriented strand board, or sufficient
gauge sheet metal, covered with a double layer of at least six (6) mil
fire-retardant plastic sheeting and duct taped airtight. The HVAC duct and plenum joints shall be duct
taped airtight. The mixing and balancing
damper positions shall be altered and the return fan(s) shall be shut down to
produce the required positive pressures.
(ii)
Project phasing,
climate conditions, load conditions and HVAC equipment limitations and controls
shall be considered when this alternate procedure is evaluated. Aerodynamics in the duct system, particularly
spurs or trunks, shall be considered and, if necessary, the ducts or dampers
shall be altered or removed to prevent loss of positive pressure in any part of
the system. Precautions shall be taken
during abatement activities to ensure that the ducts, seals and static pressure
lines are not damaged.
(iii)
The presence of
positive pressure shall be demonstrated daily by testing, including days when
no Phase II work or support activities are scheduled, and the results must be
noted in the asbestos abatement contractor supervisor’s daily project log. Air sampling in occupied, downstream,
non-work areas shall be performed on a daily basis as per the requirements of
Section 56-7.1(b)(1) of this Subpart, except days when there are no Phase IIA,
IIB, or IIC activities. Positive
pressure verification shall be done on a continuous basis. The differential pressure shall be easily
verifiable by use of a leak free, rigid static pressure taps, static lines on
the supply and return ducts and static lines originating in the regulated
abatement work area, adjacent areas or downstream non-work areas.
(b)
HVAC Filters and Ducts. Potentially
contaminated HVAC filters in existing building/structure HVAC systems shall be
handled and disposed of as asbestos contaminated waste material. The ducts and filter assembly shall be wet
cleaned and HEPA-vacuumed where system air samples or bulk samples indicate
asbestos contamination within the interior of the HVAC ducts. Existing building/structure HVAC system
filters shall be treated as potentially contaminated for all friable OSHA Class
I and Class II asbestos projects, and shall be removed and disposed of by the
asbestos abatement contractor after the affected filters are identified by the
building/structure owner’s HVAC contractor or maintenance personnel. The building owner or their agent shall
supply appropriate replacement HVAC system filters to the asbestos abatement
contractor during HVAC system filter removal and replacement.
(c)
Chimney Effects. All boilers and other equipment exhausts
within the regulated abatement work area shall be shut down and the
burner/boiler/equipment accesses and openings shall be sealed until abatement
is complete and satisfactory clearance air-sampling results have been
achieved. If the boiler(s) or other
exhausted equipment will be subject to abatement, all breeching, stacks
columns, flues, shafts and double-walled enclosures serving as exhausts or
vents, shall be segregated from the affected boilers or equipment and sealed
airtight to eliminate potential chimney effects within the regulated abatement
work area.
56-7.10
Regulated Abatement Work Area
Pre-Cleaning.
(a)
Movable Objects. Movable objects
within the regulated abatement work area shall be precleaned using
HEPA-filtered vacuum equipment and/or wet cleaning, and such objects shall be
removed from the regulated abatement work area to an uncontaminated location. Upholstered furniture and drapes shall be
HEPA-vacuumed twice before removal from the regulated abatement work area. Carpeting shall be HEPA-vacuumed twice and
cleaned before removal from the regulated abatement work area. If disposed of as asbestos-contaminated waste
material, cleaning of carpeting is not required. If carpeting is left in place, it shall be
covered with three-eighths (3/8) inch thick plywood sheathing prior to required
plasticizing.
(b)
Fixed Objects. Fixed
objects and other items which are to remain within the regulated abatement work
area shall be precleaned using HEPA-filtered vacuum equipment and/or wet
cleaning methods. Such objects and items
shall be enclosed with two (2) layers of at least six (6) mil fire retardant
plastic sheeting and sealed airtight with duct tape.
(c)
Precleaning. The
regulated abatement work area shall be cleaned using HEPA-filtered vacuum
equipment or wet cleaning methods or both.
Methods that raise dust, such as sweeping or vacuuming with non
HEPA-filtered equipment shall be prohibited.
ACM, PACM or asbestos material shall not be disturbed during
precleaning. Precleaning is intended for
preparation work, not gross cleaning of visible asbestos debris such as
disturbed ACM, PACM or asbestos material on floors or other work area
surfaces. Precleaning shall be performed
in the following order.
(1)
Locations in which
critical barriers and isolation barriers are to be installed shall be cleaned first
using a HEPA-filtered vacuum and wet cleaning methods before the barriers are
installed. After the critical barriers
and isolation barriers are installed, the negative air ventilation units shall
be started. Once the negative air
ventilation units are operational, the remainder of the precleaning shall take
place and area plasticization shall begin.
56-7.11
Regulated Abatement Work Area
Enclosure.
(a)
Critical Barriers. Critical barriers
shall be constructed to seal off all openings and penetrations to the regulated
abatement work area including, but not limited to, operable windows and
skylights, doorways and corridors (which shall not be used for passage), ducts,
grills, diffusers, HVAC system seams, and any other penetrations to surfaces
within the regulated abatement work area.
Critical barriers shall be constructed using two (2) independent layers
of at least six (6) mil fire-retardant plastic sheeting with each layer sealed
separately with duct tape. Caulk and
fire-retardant expandable foam may be used to seal small openings or
penetrations. Doorways and corridors, which
shall not be used for passage during the asbestos project, shall also be
sealed.
(b)
Isolation Barriers. Temporary hardwall
barriers to complete the containment enclosure and establish the asbestos
project regulated abatement work area shall be constructed using the following
framing, sheathing, sealing and plasticizing criteria:
(1)
Framing. Isolation barrier partitions shall be constructed of wood
or metal framing in all openings larger than thirty-two (32) square feet,
except that where any one dimension is one foot or less, framing is not
required. Existing walls or framing may
be used to support isolation barrier partition framing and sheathing.
(2)
Sheathing. A plywood or
oriented strand board (OSB) sheathing material of at least 3/8-inch thickness
shall be fastened to the regulated abatement work area side of the barrier
partition.
(3)
Sealing of Isolation Barriers. The edges of the
isolation barrier partition shall be sealed at the floor, ceiling, walls and
fixtures using caulk, fire-retardant expandable foam or duct tape to form an
airtight seal. The seams of the
partition sheathing shall also be sealed airtight using these techniques.
(4)
Plasticizing Isolation Barriers. The regulated
abatement work area side of the isolation barrier partition shall be covered
with two (2) layers of, at a minimum, six (6) mil fire-retardant plastic
sheeting with staggered joints and sealed airtight.
(c)
Removal of Mounted Objects. After critical
barriers and isolation barriers are in place, mounted objects shall be removed
and HEPA-vacuumed or wet wiped or both.
Localized HEPA-filtered vacuum equipment shall be used during mounted
object removal to reduce potential asbestos dispersal.
(d)
Elevator Shutdown or Isolation. Elevators running
through the regulated abatement work area shall be shut down except as noted in
this Subdivision:
(1)
Isolation Detail. In projects where
the elevator cannot be shut down, the hoistway door frames shall be enclosed
with nominal 2” x 4” framing, 16 inch on center, covered with 3/8-inch
thickness plywood or OSB sheathing, and caulked or duct taped airtight at all
seams. The enclosures shall be covered
with two (2) seamless layers of at least six (6) mil plastic sheeting duct
taped and sealed airtight. A final
larger layer of at least six (6) mil plastic sheeting shall be duct taped and
sealed airtight, but with slack, forming a larger perimeter diaphragm to sense
air movement caused by elevator operation.
(2)
Elevator Shaft Ports. Elevator shaft
ports for pressure equalization when within the regulated abatement work area,
shall be vented to the outside or non-work areas using oversized solid-walled
ducts or chambers constructed with 3/8-inch thickness plywood or OSB sheathing
over nominal 2” x 4” framing, 16 inch on center. The joints shall be caulked and the ducts or
chambers shall be sealed with two (2) layers of at least six (6) mil
fire-retardant plastic sheeting and duct tape.
The first layer of plastic sheeting shall be attached to the ducts or
chambers using spray adhesive. This
system shall be subjected to and pass a negative pressure test daily.
(e)
Floor, Wall & Ceiling Plasticizing and Sealing. All floor, wall and
ceiling surfaces, except where abatement of ACM, PACM or asbestos material
shall be performed on those specific surfaces, shall be covered with two (2)
layers of, at a minimum, six (6) mil fire-retardant plastic sheeting. The floor shall be plasticized first, and its
plastic sheeting shall extend up the walls a distance of at least twelve (12)
inches on all sides. The walls shall
then be plasticized by applying plastic sheeting from the ceiling to the floor,
overlapping the floor sheeting by at least twelve (12) inches. Next, the ceiling shall be plasticized
overlapping the walls by at least twelve (12) inches, to form a secure airtight
seam. This process shall be repeated for
the second layer of plastic sheeting for the floor, walls and ceiling. All seams within a layer shall be separated
by a distance of at least six (6) feet and sealed airtight with duct tape. All seams between layers shall be staggered
at least two (2) feet.
(f)
Barrier/Plasticizing
Exemptions.
(1)
Negative Pressure Tent Regulated Abatement Work Area
Enclosure. An alternate
isolation method may be used where preparation of the entire room/space is
either unfeasible or not necessary to adequately access all impacted ACM, PACM
or asbestos material.
(i)
Where Allowed. Negative pressure tent enclosures are allowed
to be utilized for gross abatement of any quantity interior and exterior
non-friable ACM or asbestos material, glovebag abatement of any quantity
friable TSI, or gross abatement of Minor and Small quantities of friable ACM,
PACM or asbestos material. For tent
enclosures with gross abatement of friable materials, attached (contiguous)
decontamination system enclosures shall be constructed, maintained and utilized
as per this Part. Minor size tent
enclosure work areas shall at a minimum have decontamination areas installed
and utilized, as per the requirements of Section 56-11.3.
(a)
Multiple Minor Size Regulated Abatement Work Areas. If the small or
large asbestos project consists of multiple negative pressure tent regulated
abatement work area enclosures with minor quantities of ACM to be abated within
each tent enclosure, these tent enclosures shall be constructed as per this
Subpart, including attached airlock if remote decontamination systems are
allowed and utilized for the asbestos project.
(ii)
Tent Construction.
(a)
Tents with greater
than twenty (20) square feet of floor space, or tents that are scheduled for
gross removal of friable ACM, PACM, or asbestos material, shall be constructed
of two (2) layers of six (6) mil fire-retardant plastic sheeting and shall
include walls, ceiling and a floor (except for portions of walls, floors and
ceilings that are the removal surface) with double-folded seams. Seams shall be duct taped airtight and then
duct taped flush with the adjacent tent wall.
(b)
Tents with twenty
(20) square feet or less of floor space and no gross removal of friable ACM,
PACM or asbestos material, shall be constructed of one (1) layer six (6) mil
fire-retardant plastic sheeting and shall include walls, ceiling and a floor
(except for portions of walls, floors and ceilings that are the removal
surface) with double-folded seams. Seams
shall be duct taped airtight and then duct taped flush with the adjacent tent
wall.
(c)
Tents or tent-like
structures or enclosures shall be adequately supported and reinforced to withstand
local environmental conditions and the negative pressures developed within
them.
(d)
Airlock. An airlock shall be
constructed as per Section 56-7.5(b)(11), at the entrance to each tent that
utilizes remote decontamination system facilities. Each tent and airlock shall be cordoned off
twenty-five (25) feet from it perimeter, or the interior space/room where the
tent and airlock is located shall be secured from non-certified personnel or
public access, and signage shall be installed as per Section 56-7.4(c).
(iii)
Negative Air. Manometers
consistent with the requirements of Section 56-7.8(a)(4), are required for
negative pressure tent enclosure regulated abatement work areas with OSHA Class
I abatement. Negative air shall be
maintained at four (4) air changes per hour for non-friable and glovebag
abatement tent enclosure work areas.
Eight (8) air changes shall be maintained for friable gross removal tent
enclosure work areas. If a HEPA-filtered
vacuum is used for a Minor size abatement tent enclosure work area to maintain
the required air changes, after final cleaning is completed twenty (20) minutes
shall elapse, then ventilation may be stopped, clearance air samples collected
if required, and the tent sealed until results are read. If air sample results are unacceptable,
ventilation shall be re-established, the area re-cleaned and new samples taken.
(2)
Fire-Retardant Spray Plastic. Fire-retardant spray
plastic may be used in lieu of two (2) layers of six (6) mil plastic sheeting
as required by 56-7.11(e), under the following conditions:
(i)
Critical barriers are
installed per Section 56-7.11(a) of this Part.
(ii)
The fire-retardant
spray plastic is used, applied, maintained and removed in accordance with the
manufacturer’s detailed procedures by persons who have been trained by the
manufacturer or others authorized to perform such training. Proof of appropriate training shall be
located at the work site and shall be produced upon verbal request of the
Commissioner or his or her duly authorized representative.
(iii)
Application shall be
made to result in a dry thickness of not less than six (6) mils.
(3)
Special Projects. See Subpart 56-11
regarding work area preparation requirements for special projects. These projects include exterior non-friable
ACM roofing, siding, caulking, glazing compound, transite, tars, sealers,
coatings, and other NOB ACM abatement, abandoned intact pipe/duct/conduit wrap
and cut abatement, flooring and mastic abatement, pre-demolition abatement,
demolition with asbestos in place, in-plant operations abatement, emergency
project abatement and Minor size project abatement.
(4)
Removal of Ceilings and Components. Suspended ceiling
and components that exist below friable ACM or PACM material, and that are not
themselves ACM or PACM, shall remain in place until the remainder of the
regulated abatement work area has been plasticized, negative air established,
and personal and waste decontamination enclosures have been constructed. The ceiling tiles and components shall then
be removed and disposed of as asbestos waste or decontaminated if possible. This type of removal must be done prior to commencement
of Phase II B abatement, but after the remaining regulated abatement work area
preparation has been completed. Critical
barriers shall be installed above the suspended ceiling as per Section
56-7.11(a), prior to the commencement of Phase IIB abatement.
(5)
Exits. Emergency and fire
exits from the regulated abatement work area shall be maintained or alternate
exits shall be established and appropriately signed according to all applicable
codes. Temporary hardwall barriers are
not required at emergency and fire exit locations.
(g)
Toilet Facilities. Adequate toilet
facilities shall be readily accessible to the personal decontamination
enclosure.
SUBPART 56-8
56-8.1
Air Sampling
Requirements.
(a)
Personal Air Sampling. Air sampling shall be performed in the
worker’s breathing zone, by the asbestos contractor for his personnel, as
required by current OSHA regulations.
(b)
Daily Air Sampling. Project air sampling shall be conducted daily
for the full workshift for Large projects.
If more than one daily workshift is required to accomplish the work, air
sampling shall be performed on each workshift.
Air sampling is not required on days when there are no Phase II B
activities.
(1)
Number And Location Of Samples – Large Asbestos Projects. A minimum of five
(5) samples shall be taken on a daily basis.
The locations of samples to be taken are the same as specified for Phase
IIA. (See Section 56-7.1 and Table 2 within Subpart 56-4)
(2)
Work Stoppage
Criteria During Phase II B Abatement Procedures. If air samples
collected outside the regulated abatement work area, indicate airborne fiber
concentrations at or above 0.01 fibers per cubic centimeter, or the established
background level, whichever is greater, work shall stop immediately for
inspection and repair of barriers and negative air ventilation systems as
necessary. Clean up of surfaces outside
of the regulated abatement work area using HEPA-vacuums and wet-cleaning
methods shall be performed prior to resumption of abatement activities. A summary of clean up activities and the
results of barrier inspections including any necessary repairs, shall be
documented in the supervisor’s daily project log. Work methods shall be altered accordingly to
reduce fiber concentrations to acceptable levels.
(c)
Exemption from Daily Air Sampling. Daily air sampling
is not required on exterior asbestos projects with abatement of non-friable ACM
roofing, siding, caulking or glazing compound, tars, sealers, coatings or other
NOB ACMs, unless the ACM is rendered friable during removal or debris falls
inside the building/structure.
56-8.2
Access to and
Maintenance of Decontamination Systems and Regulated Abatement Work Area
Enclosures.
(a)
Access. Entry to the personal and waste
decontamination system enclosures shall be restricted to the asbestos
contractors involved with the asbestos project, appropriately certified
employees of the asbestos contractors, authorized visitors, police, fire and
other public safety personnel.
(b)
Waiting Periods. Prior to beginning Phase IIB asbestos
abatement work and upon completion of the construction of all Small and Large
size regulated abatement work area enclosures and decontamination system enclosures,
including establishment of the negative air system, a four (4) hour waiting
period with negative air units operating shall be required to ensure that all
barriers shall remain intact and secured to the walls, ceilings, floors and
fixtures.
(c)
Waiting Period
Exemption. The four (4) hour waiting period may be
eliminated for exterior work where negative air is not required.
(d)
Inspection of Barriers. All barriers shall be inspected by the
asbestos abatement contractor’s supervisor at least twice daily, before the
start of and following the completion of the day’s abatement activities. Inspections are also required on days when
there is no Phase II work or support activities scheduled. Inspections and observations shall be
documented by the asbestos abatement contractor’s supervisor in a daily project
log.
(e)
Repairs to Barriers and Enclosures. Damage and defects in the barriers and
enclosures shall be repaired immediately upon discovery and shall be documented
by the asbestos abatement contractor’s supervisor in a daily project log, prior
to resumption of abatement activities.
(f)
Testing of Barriers and Enclosures. Smoke tube testing to ensure the effectiveness
of all isolation barriers, personal decontamination system enclosures, waste
decontamination system enclosures and regulated abatement work area enclosures
shall be performed prior to the beginning of abatement activities and at least
once a day thereafter until satisfactory clearance air sampling results have
been obtained. Negative air pressure ventilation
units shall be in operation during this testing. Testing of barriers and enclosures is not
required on days when there are no Phase IIB or cleaning activities scheduled.
Test results, observations and any modifications shall be documented by the
asbestos abatement contractor’s supervisor in a daily project log.
(g)
Loss of Enclosure Integrity. If visible emissions or water leaks are
observed outside of the regulated abatement work area, or if a glovebag, tent
or enclosure of any type fails or loses its integrity, work shall be stopped
and the following procedures shall be followed:
(1)
Isolation and Critical Barrier Construction. Isolation and critical barriers shall be
constructed as follows:
(i)
Isolate HVAC Systems. The
HVAC systems shall be shut down immediately and all openings shall be sealed
with at least six (6) mil fire retardant plastic sheeting and duct tape.
(ii)
Isolate Uncontaminated Areas. Passageways
to uncontaminated areas of the building or structure shall be sealed with at
least six (6) mil fire retardant plastic sheeting and duct tape.
(iii)
Install Critical Barriers. Critical barriers within 25 feet of the
regulated abatement work area shall be installed as per Section 56-7.11 of this
Part.
(2)
Negative Air Pressure Equipment Ventilation. Negative air pressure equipment ventilation
that complies with Section 56-7.8 of this Part shall be installed and utilized.
(3)
Cleanup. Cleanup shall be accomplished as follows:
(i)
Method, Tools and Equipment. All accumulations of asbestos waste material
shall be containerized and removed.
Non-metal shovels and HEPA-vacuums may be used to pick up or move waste
except in the vicinity of isolation barriers which might be breached. The areas around isolation barriers shall be
cleaned utilizing rubber or plastic dustpans, squeegees or shovels. HEPA-vacuums shall be used to clean all
surfaces after gross cleanup.
(ii)
Cleanup of Surfaces. All surfaces in the regulated abatement work
area shall be wet-cleaned using rags, mops and sponges.
(iii)
Second Cleaning. After the first cleaning, at least twelve
(12) hours shall be allowed for asbestos to settle. Thereafter, all objects and surfaces in the
regulated abatement work area shall be HEPA-vacuumed and wet-cleaned. All windows, doors, HVAC system vents and all
other openings shall remain sealed.
(4)
Removal of Contaminated Equipment and Waste. All remaining
contaminated equipment and containerized waste shall be removed from the
regulated abatement work area.
(5)
Clearance Air Sampling. Clearance
air sampling shall be conducted, as per the schedule for air sampling and
analysis.
(6)
Isolation Barrier Removal. Isolation barriers shall be removed only
after satisfactory clearance air sampling results have been achieved.
(h)
Daily Cleaning of Enclosures. The asbestos abatement contractor shall HEPA-vacuum or
wet-clean the waste decontamination system enclosures, the personal
decontamination system enclosures, and airlocks when remote decontamination
units are used, daily during Phase II A through C abatement activities. This cleaning shall take place at the end of
each work shift and the asbestos abatement contractor’s supervisor shall
document it in the daily project log.
56-8.3
Regulated
Abatement Work Area Entry and Exit Procedures.
(a)
Procedures. The following procedures shall be followed
throughout the asbestos abatement project until satisfactory clearance
air-sampling results have been achieved:
(1)
Entry to the Work Area. All persons shall enter the regulated
abatement work area through the personal decontamination system enclosure, or
through an airlock when used with an approved remote decontamination unit.
(i)
Entry/Exit Log. All persons who enter the regulated abatement
work area or enclosure shall sign the entry/exit log, located in the clean
room, upon every entry and exit.
(ii)
Knowledge of Procedures. All persons, before entering the regulated
abatement work area or enclosure, shall read and be familiar with all posted
regulations, personal protection requirements, including regulated abatement
work area entry and exit procedures and emergency procedures. The entry/exit log headings shall indicate,
and the signatures shall be used to acknowledge that these have been reviewed
and understood by all persons prior to entry.
(iii)
Personal Protective Equipment. All persons shall proceed first to the clean
room, remove all street clothing, store these items in lockers and don personal
protective equipment as appropriate for the abatement work area. Two (2) layers of protective clothing shall
be donned for entry to regulated abatement work areas from remote personal
decontamination systems. All authorized
visitors shall also don NIOSH-approved respiratory protection for work areas with
negative air established. Respirators
and personal protective equipment shall be utilized by each authorized visitor
for each separate entry into the regulated abatement work area. Respirators shall be inspected prior to each
use and tested for proper seal using positive and negative pressure fit checks.
(iv)
Tools. Persons wearing
designated personal protective equipment shall proceed from the clean room
through the shower room to the equipment room, where necessary tools are
collected and any additional clothing shall be donned, before entry into the
regulated abatement work area.
(2)
Exit From the Work Area. All persons shall exit the regulated
abatement work area through the personal decontamination system enclosure, or
through an airlock when used with an approved remote decontamination unit.
(i)
Removal of Gross Contamination. Before leaving the regulated abatement work
area, all persons shall remove gross contamination from the outside of
respirators and protective clothing by HEPA-vacuuming, or wet cleaning.
(ii)
Exit. All persons shall
exit the regulated abatement work area through the personal decontamination
system enclosure, or through an airlock when used with an approved remote
decontamination unit, except in case of an emergency, when an emergency exit or
other means of escape may be used.
(iii)
Regulated Abatement
Work Area Exit Procedures Utilizing Remote Decontamination Systems. If at any time a
person has to travel through an uncontaminated area to access the personal or
waste decontamination enclosure system, the person shall HEPA-vacuum and/or wet
wipe his/her outer protective clothing while in the regulated abatement work
area, then proceed into the airlock where he/she shall remove his/her outer
clothing and don a clean set of protective clothing. He/she may then proceed to the personal or
waste decontamination enclosure along a designated pathway. The walkway from the regulated abatement work
area to the decontamination system shall be cordoned off to delineate it from
public areas, as per Section 56-7.5(d)(4).
(iv)
Removal of Personal
Protective Equipment. Persons shall proceed to the equipment room
where coveralls, head covering, foot covering and gloves shall be removed. Disposable clothing shall be deposited into
labeled containers for disposal.
Reusable contaminated clothing, footwear, head covering and gloves shall
be stored in the equipment room when not being used in the regulated abatement
work area. Respirators shall not be
removed during this process.
(v)
Showering. Still wearing respirators, persons shall proceed to the
shower area, clean the outside of the respirator and the exposed face area
under running water prior to removal of the respirator, and fully and
vigorously shower and shampoo to remove residual asbestos contamination. Respirators shall be washed thoroughly with
soap and water. Some types of
respirators shall require slight modifications to these procedures. An airline respirator with a HEPA-filtered
disconnect protection shall be disconnected in the equipment room and worn into
the shower. A powered air-purifying respirator
facepiece shall be disconnected from the filter/power pack assembly prior to
entering the shower.
(vi)
Clean Room. After showering and drying, all persons shall
proceed to the clean room and shall don either street clothing, if exiting the
enclosure, or clean personal protective equipment if returning to another
regulated abatement work area.
56-8.4 Handling and Removal Procedures.
(a)
Glovebag Procedures. Glovebags are allowed to be utilized for abatement
of pipe or duct insulation within negative pressurized regulated abatement work
area enclosures. Glovebags may only be
used on piping and ducts up to 150 degrees Fahrenheit. The following procedures must be followed for
glovebag use:
(1)
Size. When abating pipe or duct insulation, the
pipe or duct insulation diameter worked shall not exceed one half the bag
working length.
(2)
Sealing. Duct tape shall be
placed securely around the area of abatement to form a smooth seal. The glovebag shall then be secured to the
duct tape and sealed airtight.
(3)
Seal Testing. After placement,
each glovebag shall be subjected to and pass a smoke test as follows:
(i)
Smoke testing should
not be completed using a positive pressure test. The glovebag, once secured in place, should
be placed under negative pressure, utilizing the HEPA-vacuum, and a smoke tube
should be aspirated to direct smoke at all seals and seams from outside the
glovebag.
(ii)
If there are any
leaks, they will be detected by the smoke entering the bag. All leaks shall be duct taped airtight.
(4)
Surface Irregularities. If material
adjacent to the work section is damaged, or if it terminates, is jointed or
contains an irregularity adjacent to the work section, the material shall be
wrapped in at least six (6) mil fire-retardant plastic sheeting and sealed
airtight with duct tape.
(5)
Post-Stripping Wetting. After the asbestos
material has been stripped, the surface from which it has been removed shall be
wetted with amended water and scrubbed with a brush or abrasive pad to remove
all visible asbestos material. The
surfaces from which it has been removed, the interior of the bag, the affected
area and the tools shall then be thoroughly wetted with amended water.
(6)
Sealing of Pipe Ends. When
abating pipe insulation, any pipe insulation ends created shall be sealed with
wettable cloth or otherwise encapsulated with a non-asbestos product.
(7)
Collapsing of the Glovebag. A
HEPA-vacuum shall be used to collapse the glovebag.
(8)
Tool Segregation. With the
glovebag collapsed and the asbestos material in the bottom of the bag, twist
the bag several times and duct tape the twist to seal that section. The tool pouch shall be separated from the
bag by twisting it several times, taping the twist and thus sealing the
pouch. Alternately, the tools may be
segregated using one or both glove inserts and pulling the tools through, thus
turning the glove inside out. The
glove(s) shall then be twisted several times, duct taped and thus sealed.
(9)
Sealing the Contaminated Items. The
glovebag shall be tied off to contain the asbestos material prior to the
glovebag being detached from the area where the asbestos was removed within the
bag.
(10) Containerizing the Glovebag. The sealed glovebag shall be placed into at
least a six (6) mil plastic bag, sealed airtight and transferred from the
regulated abatement work area as per Section 56-8.9, for disposal as asbestos
waste.
(11) Failure. The requirements of Section 56-8.2(g) shall
be complied with in the event of glovebag losing seal or integrity.
(b)
Dry Removal or Dry Disturbance. No dry removal or
dry disturbance of asbestos material shall be permitted.
(c)
Wetting Requirements. The asbestos material shall be adequately wetted with amended
water. Sufficient time shall be allowed
for penetration to occur prior to abatement activities. All friable asbestos materials shall be
thoroughly saturated. All
non-hygroscopic (material that resists wetting) asbestos material shall be
thoroughly wetted, prior to and during abatement.
(d)
Asbestos Abatement. Only one type of asbestos containing material
shall be abated at a time within an enclosure.
Prior to the abatement of another type of asbestos containing material,
the area shall be cleaned. (See Section 8.6 - Multiple Abatement
within a Single Regulated Abatement Work Area)
(e)
Handling. ACM, PACM and asbestos material, on
detachment from the substrate, shall be directly bagged or dropped into a
flexible catch basin and subsequently bagged or containerized. Materials removed in negative pressure tent
enclosure work areas shall be bagged or containerized immediately upon
detachment. Additional amended water
shall be added as necessary to the waste bags/containers to ensure that all
waste remains adequately wet within the bag/container.
(f)
Sealing of Surfaces and Edges. Where ACM, PACM or asbestos material was
removed, any exposed edges of material that remain shall be sealed with
wettable cloth or otherwise encapsulated with a suitable non-asbestos material,
prior to commencement of final cleaning and collection of clearance air
samples.
(g)
Exterior Chutes. For asbestos material lowered or conveyed
greater than ten (10) feet in height, dust tight, enclosed, inclined chutes
shall be used as follows:
(1)
The upper end of the
chute shall be furnished with a hinged lid to be closed when a chute is not
being used,
(2)
The chute shall be
dust tight along its lateral perimeter and at the terminal connection to a
dumpster or container with a hard wall and a hard top.
(h)
Handling Large Components. Large components, removed intact, shall be
wrapped in two (2) layers of at least six (6) mil plastic sheeting secured and
made air tight with duct tape.
(i)
Sharp-Edge
Components. Asbestos waste material with sharp edged
components that may tear or damage the plastic bags or sheeting shall be placed
in a poly lined hard wall container or a rip proof bag then double bagged or
wrapped and sealed airtight.
(j)
Loss of Integrity
on Asbestos Projects. If a regulated abatement work area enclosure
of any type, including a negative pressure tent enclosure, fails or loses its
integrity, the required procedures of Section 56-8.2(g) shall be followed.
56-8.5
Waste Clean-Up
Procedures. The following procedures shall be required for Phase II B
Large and Small projects.
(a)
Tools and Equipment. All accumulations of
asbestos waste material shall be adequately wetted and containerized using
HEPA-vacuums or rubber or plastic dustpans, squeegees or shovels. Metal shovels shall not be used to pick up or
move waste. HEPA-vacuums shall be used
to clean all surfaces after gross cleanup.
(b)
Frequency for Containerizing. During Phase II B,
all waste generated shall be bagged, wrapped or containerized immediately upon
removal. Cleanup of accumulations of
loose debris/waste material shall be performed whenever enough loose
debris/waste material has been removed to fill a single leak-tight container
appropriate for the type of ACM being removed.
Cleanup of all remaining waste generated shall be performed at least
once prior to close of each workshift.
All waste material shall be kept adequately wet at all times.
(c)
Frequency for Dust
or Debris.
Accumulations of dust or debris shall be cleaned off all surfaces on a
daily basis using HEPA-vacuum or wet-cleaning methods or both.
(d)
Frequency for Decontamination System Enclosures. Decontamination
system enclosures shall be HEPA-vacuumed or wet-cleaned or both at the end of
each workshift.
(e)
Waste Housekeeping. The regulated abatement
work area, holding area, waste trailer and hardtop dumpster areas must be kept
free of uncontainerized asbestos waste/debris at all times.
56-8.6
Multiple Abatement within a Single Regulated Abatement Work
Area.
(a)
Simultaneous Abatement. Simultaneous or concurrent
abatement of multiple types of ACM within a single regulated abatement work
area shall not be allowed, unless the multiple types of ACM are part of the
same system (e.g. floor tile/cove base and mastics, or ceiling/wall tile and
mastic). Simultaneous removals are
allowed on a project provided they are within different regulated abatement
work areas.
(b)
Requirements for
Sequential Abatement. When multiple types of abatement work are
done in a common regulated abatement work area or enclosure, a sequential order
of abatement is required as shown below.
(1)
Initial Plasticizing. Initial plasticizing of
the containment area shall be as required for the most stringent case of
removal.
(2)
Sequential Removal. Sequential removal shall
allow for only one type of removal of ACM at a time in a sequential order
within the work area until that type of material is completely removed. Thereafter, another type of ACM can be
removed within the same work area.
Relief from plasticizing is for the surfaces to be abated only at the
time of that specific material abatement.
Other surfaces shall be plasticized as the material being abated
dictate, except as noted below.
(i)
Order of Sequential Abatement. The
following sequence of abatement within a work area shall begin at the ceiling
or upper level and progress one material at a time down to the floor and from
most friable material to least friable material.
(ii)
Example:
(a)
First. All ceiling fireproofing, ceiling plaster or
similar ceiling OSHA Class I friable material shall be completely abated so
that no visible exposed ACM, PACM or asbestos material remains. Then the friable mechanical/tank insulation,
isolation/ vibration damper material and thermal pipe, ducts, pipe fitting
insulation, mudded firebrick, or similar OSHA Class I or Class II friable
material shall be completely abated so that no visible exposed material
remnants remain. Glovebags may be
used. After all friable ACM has been
abated, the area shall be cleaned of all debris/residue using HEPA vacuuming
and wet wiping.
(b)
Second. OSHA Class II non-friable materials shall be
abated. If other areas/surfaces were abated, no new plasticization shall be required. Ceiling and wall tiles, transite, interior
window glazing, expansion joint, millboard and other NESHAP Category I and II
non-friable ACM shall be abated so that no visible exposed material remnants
remain and the area shall be cleaned of all debris/residue using HEPA vacuuming
and wet wiping.
(c)
Last. OSHA Class II non-friable flooring abatement
shall be last. Non-friable ACM flooring materials and
ACM mastic shall be abated so that no visible exposed material remnants remain
and the area shall be cleaned of all debris/residue using HEPA vacuuming and
wet wiping. If beadblaster or a similar
abrasive type of abatement method is used, full work area preparation,
including establishment of negative pressure filtration systems, shall be
required and this abatement may be done as one of the first types of abatement
and then the flooring area abated shall be re-plasticized with a double-layer
of six (6) mil fire retardant plastic sheeting, to be utilized as a dropcloth
during the remaining abatement.
(iii)
Temporary Walls. New temporary hardwalls used to separate an
enclosed regulated abatement work area into smaller regulated abatement work
area enclosures shall be constructed as per Section 56-7.11(b). Existing columns, I-beams and interior walls
may be used to support or to act as part of the new containment walls provided
that the existing walls, columns, and I-beams to which these temporary walls
are to be attached or used shall be completely abated prior to the erection of
these new containment walls to allow this attachment. Caulk, fire-retardant expandable foam or duct
tape shall be used to form an airtight seal for these partitions.
(a)
Airlock. Each newly enclosed regulated abatement work
area shall have an attached airlock as defined in Section 56-2.1, and the
airlock shall be constructed at the enclosure entrance, as per Section
56-7.5(b)(11). Each enclosure and
airlock shall be cordoned off twenty-five (25) feet from its perimeter. Critical openings within the cordoned off
area shall be covered with two (2) layers of six (6) mil fire retardant
polyethylene in conformance to Section 56-7.11(a).
(iv)
Intermediate Completions. On completion of each type of
asbestos abatement within these work area enclosures, a complete single clean
of all surfaces in the entire area – ceiling, walls and floors - shall be
performed by HEPA vacuuming and wet wiping.
No final clearance air samples shall be required for each individual
type of material abatement, until the last type of ACM, PACM or asbestos
material is abated. Each intermediate
completion shall include a visual inspection for completeness by the asbestos
abatement contractor’s supervisor.
Results of the visual inspection and time of intermediate completion
shall be documented by the asbestos abatement contractor’s supervisor in the
daily project log.
(v)
Final Required Cleaning.
A complete single clean of all
surfaces in the entire area – ceiling, walls and floors, followed by a visual
inspection as described in Subpart 56-9 shall be performed by HEPA vacuuming
and wet wiping, after all abatement is complete.
(vi)
Final Clearance Air Samples. After
the final cleaning and visual inspection requirements are completed and the
final settling/drying period is observed, prior to dismantling the regulated
abatement work area, Phase IIC final clearance air samples shall be collected
and satisfactory clearance air results obtained as per Section 56-9.2 of this
Part.
56-8.7
Encapsulation
Procedures. All material used for repair or encapsulation of asbestos
material shall have a flame spread rating, fireproofing and smoke
characteristics similar to the material being repaired or encapsulated. Also, the encapsulant shall not alter the
insulating characteristics of the material subject to encapsulation, and the
encapsulant shall not add excess weight to the material increasing the
potential that the material may delaminate from itself (cohesion failure), or
from its substrate (adhesion failure).
Encapsulation of asbestos material shall be conducted in accordance with
the following:
(a)
Regulated Abatement Work Area Preparation. The regulated
abatement work area shall be pre-cleaned, isolated and negative air established
in accordance with Subpart 56-7 of this Part.
(b)
Repair Materials. Damaged and missing areas of existing
materials shall be repaired with non-asbestos material. The material shall adhere to existing
surfaces and provide a base for application of encapsulating agents.
(c)
Asbestos Material Removal. Loose or hanging ACM, PACM or asbestos
material shall be removed in accordance with the requirements of Section 8.4 of
this Subpart.
(d)
Testing of Encapsulants. Encapsulants shall be field tested prior to
use by applying each to a small area to determine suitability for the material
to be encapsulated. Testing shall be
conducted only after the isolation barriers are in place and negative air has
been established.
(e)
Bridging Encapsulants.
(1)
Thickness Requirements. Bridging encapsulants shall be applied to
provide the manufacturer’s specified minimum dry-film thickness over sprayed
asbestos surfaces.
(2)
Color Requirement. When using bridging encapsulant, a different
color for each coat shall be used.
(f)
Latex Paint. Latex paint shall not be used as a bridging
encapsulant. It shall be considered a
dilute lockdown encapsulating agent and used only as a coating for lockdown
purposes for surfaces during cleanup procedures as per Subpart 56-9.
(g)
Penetrating Encapsulants.
(1)
Penetration Requirements. Penetrating encapsulants shall be applied and
penetrate existing asbestos material to the substrate.
(2)
Testing of Penetration. During treatment with a penetrating
encapsulant, selected random core samples of asbestos material shall be removed
and checked to verify full depth of penetration.
(3)
Color Requirement. Each coat of penetrating encapsulant shall be
color coded as per manufacturer's recommendations, if any, except for the
prohibition of pigment use.
(h)
Methods of
Application. Encapsulants shall
be applied using airless spray equipment as follows:
(1)
Spraying Pressure. Spraying shall be performed at the lowest
pressure range possible to minimize asbestos fiber release.
(2)
Spray Tip. The optimum spray tip shall be chosen on the
basis of the viscosity and percent solids of the encapsulant. The cone projection of the tip shall be as
specified by the manufacturer.
(3)
Subsequent Coats. Each subsequent coat of encapsulant shall be
applied at a 90-degree angle to the preceding coat application or per
manufacturer’s specifications.
(4)
Encapsulant Solvent or Vehicle. The encapsulant solvent or vehicle shall not
be or contain a volatile material. It
shall not release hazardous air pollutants, as defined by NYS DEC 6 NYCRR
200.1(ag), into the air when applied or during curing.
(i)
Encapsulant Fire-Resistance Properties. If the asbestos
material has been used for fire retardation or protection of structural members
or both, the encapsulant material used shall have a flame spread rating,
fireproofing and smoke characteristics similar to the material being repaired
or encapsulated.
(j)
Marking or Labeling. Encapsulated ACM, PACM, or asbestos material
shall be conspicuously marked or labeled in order to warn persons of its
presence.
(k)
Cleanup. Waste cleanup shall be in accordance with
Section 56-8.5.
(l)
Final Cleaning and Clearance Air Sampling. Final cleaning and clearance air sampling
shall be in accordance with Subpart 56-9.
56-8.8
Asbestos Material Encasement/Enclosure Procedures. The
encasement/enclosure of existing ACM, PACM or asbestos material shall be
conducted in accordance with the following:
(a)
Regulated Abatement Work Area Preparation. The regulated
abatement work area shall be pre-cleaned, isolated and negative air established
in accordance with Subpart 56-7 of this Part.
(b)
Use of Amended Water. Areas that may be disturbed during the
installation of hangers or other support and framing materials for the
enclosure shall be sprayed with amended water.
These areas shall be kept damp to reduce airborne asbestos
concentrations.
(c)
Loose and Hanging Asbestos Material. Loose or hanging ACM, PACM or asbestos
material shall be removed in accordance with the requirements of Section 8.4 of
this Subpart.
(d)
Repair of
Fireproofing and Thermal Insulation. After installation of hangers, brackets or
other encasement/enclosure supports, and before installation of
encasement/enclosure sheathing material, damaged areas of fireproofing and
thermal insulation shall be repaired using a non-asbestos material as per
Section 56-7.2 of this Part. Surfaces
shall be prepared and replacement material applied in accordance with
manufacturer’s recommendation.
(e)
Integrity of Installation. Encasements/enclosures shall be designed to be
permanent and shall be constructed to provide an airtight barrier. The encasement/enclosure sheathing material
shall be impact resistant and shall be installed with adequate supports,
reinforced to withstand local environmental conditions, casual contact and any
internal pressures developed within the encasement/enclosure structure.
(f)
Utility Maintenance. Utilities shall be lowered as necessary and
reinstalled in a manner which allows proper utilization, and does not disturb
the integrity of the encasements/enclosures.
Utility maintenance shall not require the encasements/enclosures to be
opened or disturbed.
(g)
Ducts. Ducts insulated with ACM, PACM or asbestos
material shall not be encased or enclosed.
(h)
Air Plenums. ACM, PACM or asbestos material-insulated air
plenums, which are not readily accessible for inspection, shall not be encased
or enclosed.
(i)
Marking or Labeling. Encased/enclosed asbestos material shall be
conspicuously marked or labeled in order to warn persons of its presence.
(j)
Cleanup. Waste cleanup shall be in accordance with
Subpart 56-8.5.
(k)
Final Cleaning and Clearance Air Sampling. Final cleaning and clearance air sampling
shall be in accordance with Subpart 56-9.
56-8.9 Equipment and
Waste Container Decontamination and Removal Procedures.
(a)
Timing of Waste Transfer Activities. During Phase II B
of the project, after ACM, PACM, asbestos material and debris is bagged, wrapped,
or containerized, waste transfer from the regulated abatement work area as per
this Section, shall occur when no gross removal is taking place.
(b)
First Cleaning. External surfaces of contaminated
bags/containers and equipment shall be cleaned by wet wiping or HEPA-vacuuming
or both in the regulated abatement work area before moving such items into the
waste decontamination system washroom by persons assigned to this duty.
(1)
Exception. Minor size regulated abatement work areas that do not have a
contiguous washroom, are allowed to have all waste bag/container cleaning with
additional containerization completed within that work area. The waste generated shall be immediately
bagged/containerized within the regulated abatement work area. Once the abatement and cleaning is complete
within the regulated abatement work area, each waste bag/container shall be
wet-wiped, placed in a second bag/container and sealed airtight (except for
non-porous drums which shall be washed and dried only), labeled with the
generator’s name, location generated and other caution labels as per current
EPA NESHAP regulation requirements, then moved to the airlock. The waste bags/container shall then be
transferred to the secured waste trailer/dumpster for disposal by appropriate
legal method.
(c)
Washroom Procedures. All bagged/containerized contaminated items
and asbestos waste shall be passed into the washroom during waste transfer
operations. Workers from uncontaminated
areas in full protective clothing and appropriate respiratory protection shall
enter the washroom and place the appropriate supply of specified clean waste
bags/containers within the washroom. One
team of workers shall be stationed in the washroom for bag/container cleaning
and additional containerization as necessary.
The workers shall ensure all curtained doorways are closed during the
waste container transfer procedure and that all bags/containers are sealed
properly before removing for transport and disposal.
(1)
Additional Cleaning. Once in the waste decontamination
system, external surfaces of the contaminated bags/containers and equipment
shall be cleaned an additional time by wet cleaning in the washroom.
(2)
Additional Containerizing. Once the additional
cleaning is completed and the cleaned bags/containers of asbestos waste are
dried of any excessive pooled or beaded liquid, they shall be placed in a clean
uncontaminated plastic bag or wrapped in sheeting (except for non-porous drums
which shall be washed and dried only), as the items physical characteristics
demand, and sealed airtight. When the
bags/containers are moved to the holding area, lockable trailer, or lockable
hardtop dumpster, the bags/containers shall be appropriately labeled with the
date they are moved from the waste decontamination system marked on the
container in waterproof markings.
Caution labels as per the requirements of current EPA NESHAP
regulations, including the generator’s name and location generated shall also
be affixed at this time.
(3)
Removal to Airlock or Small Project Clean Room. The equipment and
cleaned/containerized waste shall be moved into the airlock, or for Small
projects to the clean room, that leads from the washroom. The washroom workers shall not enter this
airlock, Small project clean room or the regulated abatement work area until
waste transfer is finished for that transfer period. Once waste transfer is complete, the washroom
workers shall proceed to the regulated abatement work area and then to the
personal decontamination system, or immediately to the remote personal
decontamination system.
(d)
Removal to Holding Area,
Lockable Trailer Or Lockable Hard Top Dumpster. Bags/containers and
equipment shall be moved from the airlock and into the holding area, or
directly from the holding area to the lockable trailer or lockable hardtop
dumpster by persons attired in clean personal protective equipment who have
entered from uncontaminated areas.
Asbestos waste may stay in the holding area no longer than one (1) week
or in a lockable trailer or lockable hard top dumpster until filled, but in no
instance longer than ten (10) calendar days after successful completion of
Phase II C for all regulated abatement work areas at the site.
(e)
Cart Usage and Cleaning. The cleaned
containers of asbestos waste and equipment shall not be stored in the clean
room but shall be placed in holding carts adjacent to but outside of the clean
room, after passing through the decontamination unit. The carts may be used for temporary storage
adjacent to the clean room until the end of the work shift.
(f)
Holding Carts. The
carts shall be watertight and have doors or tops that shall be closed and
secured. The carts shall be
HEPA-vacuumed and wet cleaned at least once a day.
(g)
Trailers and Dumpsters. Waste transport trailers and dumpsters used to transport RACM waste, shall
be hard topped, lockable and lined with two (2) layers of six (6) mil
fire-retardant polyethylene. Prior to
transport from the work site, all waste trailers and dumpsters shall be sealed
to ensure air, dust and watertight integrity, utilizing six (6) mil plastic,
duct tape and expandable foam sealant as necessary. The waste transporter is responsible for
cleaning/decontamination of waste trailers or dumpsters, once the waste has
been properly disposed of at the appropriately licensed and permitted landfill
facility. Waste haulers (truck drivers)
accessing the work area to remove waste trailers/dumpsters do not require
certification as asbestos handlers.
Waste hauler truck operators shall be allowed within the regulated work
area for loading of waste and shall remain in their vehicle with the windows up
and the ventilation system off while in the work area.
(h)
Enclosure Security. The entrance to and
exit from the waste decontamination system enclosure(s) shall be secured to
prevent unauthorized entry. Signs per
Section 56-7.4 shall be posted at the entrance to the decontamination
units.
(i)
Assigned Persons For
Small Asbestos Projects. Where only one egress exists and the shower
is used as a waste removal washroom, workers shall be stationed in each
area/room of the decontamination system enclosure to transfer/process the
contaminated bags/containers and equipment through adjacent areas/rooms as per
this Section. These workers shall not
cross into the adjacent areas/rooms until waste transfer is finished for that
transfer period and all other workers have decontaminated as per this
Part. The clean room/holding area
workers shall enter from uncontaminated areas attired in clean personal protective
equipment. The clean room shall not be
used as a holding area, but shall be used as a waste bag/container transfer
area for loading waste bags/containers into carts, for immediate transfer to
the waste transport trailer/dumpster.
SUBPART 56-9
PHASE II C FINAL CLEANING AND CLEARANCE
PROCEDURES
56-9.1
Final Cleaning Procedures. The following
cleanup procedures shall be required after completion of Phase II B activities:
(a)
Continuous Negative Pressure Ventilation. If required during
Phase IIB, the negative pressure ventilation units shall remain in continuous
operation during implementation of Phase IIC, including observance of
settling/waiting periods and drying times.
(b)
First Cleaning, Lockdown Encapsulation and Top Layer Removal. All surfaces of the
regulated abatement work area shall be first wet-cleaned using rags, mops and
sponges. For collecting excess liquid
and wet debris, a wet purpose HEPA filtered shop vacuum may be used and shall
be emptied prior to removal from the regulated abatement work area. When the first cleaning has been completed, a
thin coat of a lockdown encapsulant agent shall be applied to all surfaces
within the regulated abatement work area which were not the subject of removal
or abatement. In no event shall lockdown
encapsulant be applied to any surface which was the subject of removal or other
abatement response activity, prior to obtaining satisfactory clearance air
results for the regulated abatement work area.
Once the lockdown encapsulant has been applied, and the appropriate
waiting/settling or drying time requirements of this Subpart have been met, the
cleaned, exposed top barrier layer of plastic sheeting shall then be removed
from walls, ceilings and floors.
Windows, doors, HVAC system vents and other openings shall remain
sealed. Decontamination system
enclosures shall remain in place and shall continue to be utilized.
(c)
Second Cleaning and Bottom Layer Removal. After the top layer of plastic sheeting has
been removed, all objects and surfaces in the regulated abatement work area
shall be HEPA-vacuumed and then wet-cleaned.
After the second cleaning and waiting/settling or drying time
requirements of this Subpart, then the remaining bottom layer of plastic
sheeting on walls, ceilings and floors shall be removed. All windows, doors, HVAC system vents and all
other openings shall remain sealed.
(d)
Third or Final Cleaning and Visual Inspection. After the bottom
layer of plastic sheeting has been removed, all objects and surfaces in the
regulated abatement work area shall be HEPA-vacuumed and then wet-cleaned. After the final cleaning is complete,
clearance air sampling shall not commence until the appropriate
waiting/settling or drying time requirements of this Subpart have elapsed and a
visual inspection has been completed by the project monitor to confirm that the scope of abatement work for the
asbestos project is complete, and no visible asbestos debris/residue, pools of
liquid, or condensation remain. The asbestos abatement contractor supervisor must complete a
satisfactory visual inspection for completeness of abatement and cleaning,
prior to commencement of the project monitor visual inspection.
(1)
Project Monitor
Visual Inspection. An appropriately trained and certified project monitor, contracted
by the building/structure owner, independent of the asbestos abatement
contractor, shall complete the visual inspection. The project monitor visual inspection for
completeness of abatement and completeness of cleanup shall be performed as per
the provisions of the current ASTM Standard E1368 “Standard Practice for Visual
Inspection of Asbestos Abatement Projects”.
If the property owner is the asbestos abatement contractor for the
asbestos project, the owner shall contract with an independent project
monitoring firm asbestos contractor for the necessary visual inspection on the
asbestos project. The asbestos abatement contractor and property owner, prior to the
scheduling of the required visual inspection, shall provide a complete
abatement scope of work for the asbestos project to the project monitor. An entry
shall be made into the asbestos abatement contractor supervisor’s daily log by
both the supervisor and the individual performing the inspection, detailing the
findings of the visual inspection. The
full name and NYSDOL asbestos handling certificate number of the certified
individual performing the inspection shall also be documented in the
supervisor’s daily log.
(e)
Exemption From Multiple Cleaning And Sheeting Removal. When the regulated
abatement work area is not required to be plasticized, or when a tent enclosure
unit is used, one thorough final cleaning followed by the observance of the
appropriate waiting/settling or drying time requirement of this Subpart shall
be required. For regulated abatement
work areas where one (1) layer of plastic sheeting is allowed, such as the use
of spray plastic or pre-demolition asbestos projects, two (2) cleanings (first
and final), each followed by observance of the appropriate waiting/settling or
drying time requirements of this Subpart is required. Cleanings shall consist of all surfaces in
the regulated abatement work area being HEPA vacuumed first and then
wet-cleaned.
(f)
Waiting/Settling And Drying Times Requirements. For sequential
removals as per Section 56-8.6(b), the most stringent waiting/settling/drying
time shall be observed.
(1)
The following waiting
and drying times per material abated shall be observed for each stage of
cleaning as per this Subpart:
(i)
fireproofing, plaster,
TSI and other friable materials - 12 hours
(ii)
abrasive removals of
floor tile/mastic with machinery - 12 hours
(such as a bead blaster, grit blaster, etc.)
(iii)
manual removal of
floor tiles/mastic - 4
hours
(iv)
manual abatement of
interior non-friable materials - 4
hours
(v)
Incidental disturbance
asbestos project - 4
hours
(vi)
tent with glovebag
abatement of TSI - 2
hours
(vii)
intact transite panel
removals indoors - 2
hours
(viii)
Exterior non-friable
ACM abatement without negative - None
pressure enclosure
(h)
Decontamination of Tools &
Equipment.
All equipment (except negative air ventilation system) and tools shall
be removed from the regulated abatement work area and properly decontaminated
as per this Part, prior to commencement of clearance air sampling.
56-9.2
Air Sampling
Requirements.
(a)
Personal Air Sampling. Air sampling shall be performed in the
worker’s breathing zone, by the asbestos contractor for his personnel, as
required by current OSHA regulations.
(b)
Daily Air Sampling. Project air
sampling shall be conducted daily for the full workshift for Large projects,
until satisfactory clearance air results have been obtained for the regulated
abatement work area. If more than one
(1) daily workshift is required to accomplish the work, air sampling shall be
performed on each workshift. Air
sampling is not required on days when there are no Phase II C activities.
(1)
Number And Location Of Samples – Large Asbestos Projects. A minimum of five
(5) samples shall be taken on a daily basis.
The location of samples to be taken are the same as specified for Phase
IIA and IIB. (See Section 56-7.1 and Table 2 within
Subpart 56-4)
(2)
Work Stoppage
Criteria During Phase II C Abatement Procedures. If air
samples collected outside the regulated abatement work area indicate airborne
fiber concentrations at or above 0.01 fibers per cubic centimeter, or the
established background level, whichever is greater, work shall stop immediately
for inspection and repair of barriers and negative air ventilation systems as
necessary. Clean up of surfaces outside
of the regulated abatement work area using HEPA-vacuums and wet-cleaning
methods shall be performed prior to resumption of abatement activities. A summary of the elevated results, clean up
activities, the results of barrier and negative air system inspections
including any necessary repairs, shall be documented in the asbestos abatement
contractor supervisor’s daily project log.
Work methods shall be altered accordingly to reduce fiber concentrations
to acceptable levels.
(c)
Exemption From Daily Air Sampling. Daily air sampling
is not required on exterior asbestos projects with abatement of non-friable ACM
roofing, siding, caulking or glazing compound, tars, sealers, coatings or other
NOB ACMs, unless the ACM is rendered friable during removal, or debris falls
inside the building/structure.
(d)
Clearance Air
Sampling. There is no
exemption from these requirements for Small or Large size negative pressure
tent enclosure work areas. The amount of
material abated within each regulated abatement work area determines the
project size clearance air sampling requirements for each regulated abatement
work area.
(1)
Aggressive Sampling Techniques. The following aggressive sampling techniques must be used
for Phase II C clearance air sampling:
(i)
Pre-Sampling Agitation.
Before starting the air sampling
pumps, the exhaust of forced air equipment shall be directed against all walls,
ceilings, floors, ledges, and other surfaces in the rooms. This shall continue for at least five (5)
minutes per 1,000 square feet of floor space.
(ii)
Ongoing Agitation. At least a 20-inch fan shall be placed in the center of
each room. One (1) fan per 10,000 cubic feet
of room space shall be used. The fan
shall be operated on slow speed and pointed toward the ceiling.
(iii)
Begin Sampling. The sampling pumps shall then be turned on.
(iv)
End Sampling. When sampling has been completed, the sampling pump shall
be turned off first, followed by the fan.
(2)
Number and Location of Samples -
Large Project. A minimum of ten (10) area samples shall be
taken. Five (5) samples shall be taken
inside the regulated abatement work area and five (5) samples shall be taken
outside of the regulated abatement work area within the building or structure
in uncontaminated areas that are within ten (10) feet of the isolation
barriers. One additional inside sample
shall be required for every 5,000 sq. ft. above 25,000 sq. ft. of floor space
within the regulated abatement work area.
If the entire building/structure is the regulated abatement work area,
the five (5) area samples outside the regulated abatement work area shall be
eliminated and one (1) sample shall be collected outside the building/structure
within ten (10) feet of isolation barriers.
(3)
Number and Location of Samples -
Small Project. A minimum of six (6) samples shall be
taken. Three (3) samples shall be taken
inside the regulated abatement work area and three (3) samples shall be taken
outside of the regulated abatement work area, within the building or structure,
in the uncontaminated areas within ten (10) feet of the isolation
barriers. If the entire
building/structure is the regulated abatement work area, the three (3) area
samples outside the regulated abatement work area shall be eliminated and one
(1) sample shall be collected outside the building/structure within ten (10)
feet of the isolation barriers.
(4)
Number And Location Of Samples –
Minor Asbestos Projects & Minor Size Regulated Abatement Work Areas. For a Minor
asbestos project, air samples are not required unless the glove bag or tent
fails or if it is an incidental disturbance asbestos project, in which case the
following sampling will be required.
Also, if a Minor size regulated abatement work area is part of a Small
or Large asbestos project, the following sampling will be required per minor
size regulated abatement work area.
(i)
Clearance Air Sampling. A minimum of two
(2) samples shall be collected. One (1)
sample shall be collected inside the regulated abatement work area and one (1)
sample shall be collected outside of the regulated abatement work area, within
the building or structure, in an uncontaminated area within ten (10) feet of
the isolation barriers.
(e)
Exemption From Clearance Air Sampling. Clearance air sampling is not required for
exterior asbestos projects completed without a negative pressure
enclosure. When clearance
sampling is not required as per this Part, once the final cleaning is complete,
the appropriate waiting/settling or drying time requirements, as defined in
Section 9.1 shall commence. Once the
appropriate time period has elapsed, a visual inspection shall be completed by the project monitor to confirm
that the scope of abatement work for the asbestos project is complete, and no
visible asbestos debris/residue, pools of liquid, or condensation remain. The asbestos abatement contractor
supervisor must complete a satisfactory visual inspection for completeness of
abatement and cleaning, prior to commencement of the project monitor visual
inspection.
(1)
Project Monitor Visual Inspection. An appropriately trained and certified project monitor, contracted
by the building/structure owner, independent of the asbestos abatement
contractor, shall complete the visual inspection. The project monitor visual inspection for
completeness of abatement and completeness of cleanup shall be performed as per
the provisions of the current ASTM standard E1368 “Standard Practice for Visual
Inspection of Asbestos Abatement Projects”.
If the property owner is the asbestos abatement contractor for the
asbestos project, the owner shall contract with an independent project
monitoring firm asbestos contractor for the necessary visual inspection on the
asbestos project. The asbestos abatement contractor and property owner, prior to the
scheduling of the required visual inspection, shall provide a complete
abatement scope of work for the asbestos project to the project monitor. An entry
shall be made into the asbestos abatement contractor supervisor’s daily log by
both the supervisor and the project monitor performing the
inspection, detailing the findings of the visual inspection. The full name and NYSDOL asbestos handling
certificate number of the certified project monitor performing
the inspection shall also be documented in the supervisor’s daily log. If the regulated abatement work area is
determined to be acceptable, this qualified project monitor may authorize
breakdown of the regulated abatement work area, removal of all remaining
barriers and waste removal from the site.
(2)
Exemption from Project Monitor Visual Inspection.
Asbestos projects which are exempt from clearance air sampling
requirements at one or two-family owner occupied residential
buildings/structures, are also allowed an exemption from the project monitor
visual inspection requirements. For
asbestos projects utilizing this exemption, once
final cleaning is complete, a visual inspection shall be completed by the
asbestos abatement contractor’s supervisor to confirm that the scope of
abatement work for the asbestos project is complete, and no visible
debris/residue, pools of liquid, or condensation remain. The results of this inspection shall be
documented by the asbestos abatement contractor’s supervisor in the asbestos
abatement contractor daily project log, and once the asbestos project is
complete the asbestos abatement contractor’s supervisor shall also obtain the
owner’s written acceptance of the final results of the asbestos project within
the daily project log.
(f)
Satisfactory Clearance Air Sample Results. The
clearance air sample results shall be considered acceptable when the clearance
criteria in Section 56-4.11 have been satisfied.
(g)
Unsatisfactory Clearance Air Sample Results. Required
actions if the non-exempt regulated abatement work area clearance air sampling
results are unsatisfactory are as follows:
(1)
Recleaning. If the results of inside work area group of air samples are
unsatisfactory, recleaning of regulated
abatement work area surfaces using wet methods is required, with the negative
air pressure equipment operating as per the requirements of this Part. If only the results of the outside work area
group of air samples are unsatisfactory, clean-up of surfaces outside of the
regulated abatement work area using HEPA-vacuums and wet-cleaning methods shall
be performed.
(2)
Collection of New Samples.
(i)
If the results for the
inside work area group of air samples are unsatisfactory, after recleaning of
work area surfaces, clearance air sampling shall not commence until the appropriate
waiting/settling or drying time requirement as per Section 56-9.2(f) has
elapsed and no visible asbestos debris/residue, pools of liquid, or
condensation remain, then collection and analysis of an additional full set
(both inside and outside work area samples) of clearance air samples as
required by Section 56-9.2(d) shall be completed. Samples shall be placed in the same positions
as before, and the new samples analyzed for concentrations of airborne fibers.
(ii)
If only the results
for the outside work area group of air samples are unsatisfactory, following
clean-up of surfaces outside of the regulated abatement work area, collection
and analysis of an additional group of outside work area clearance air samples
as required by Section 56-9.2(d) shall be completed. Samples shall be placed in the same positions
as before, and the new samples analyzed for concentrations of airborne
fibers.
(3)
Repeating Air Sampling and Analysis. The requirements of
this Subdivision shall be repeated until satisfactory clearance air sampling
results have been achieved, for all non-exempt regulated abatement work areas
throughout the entire work site.
56-9.3
Dismantling of Regulated Abatement Work Area.
(a)
Collapsing and
Containerizing of Tent Enclosures. Each tent enclosure and airlock shall not be
dismantled until clearance air sampling has been performed and satisfactory
results obtained. The plastic sheeting
which formed the tent, airlock, and the contents thereof, shall be fully
collapsed, starting from the top and working downward. The tent and contents shall be placed in at
least a six (6) mil plastic bag or hardwall container, sealed airtight with
duct tape and removed for disposal. The
plastic sheeting shall be treated as contaminated material and properly
disposed of as asbestos waste.
(b)
Removal of Tools and Equipment. All remaining tools and equipment shall be
removed from the regulated abatement work area after proper decontamination as
per this Part.
(c)
Removal of Remaining Barriers. Once the asbestos
abatement contractor receives satisfactory clearance air sample results, or an
acceptable visual inspection for an exempt regulated abatement work area, and
all tools and equipment are removed, all remaining polyethylene, duct tape,
expandable foam and other barrier materials shall be bagged, wrapped or
containerized and labeled as asbestos waste.
Temporary hardwall barriers must be dismantled and removed from the
site. If any debris/residue is observed
behind barriers, it shall be removed and bagged/containerized followed by
HEPA-vacuuming and wet-cleaning of the surfaces that were hidden behind the
barrier. All waste generated shall be
removed to the holding area, lockable trailer or lockable hardtop dumpster as
per Section 8.9 of this Part. The
asbestos abatement contractor’s supervisor shall then conduct a final
inspection of the regulated abatement work area to certify that the abatement
work is complete and no debris/residue remains.
The results of the final inspection for each regulated abatement work
area shall be noted in the asbestos abatement contractor supervisor’s daily
project log.
(d)
Removal of Decontamination Enclosure. After all other remaining isolation barriers,
tools and equipment have been removed from the regulated abatement work area,
the remaining decontamination enclosure for the regulated abatement work area
must be dismantled and removed from the work site. All plastic sheeting shall be removed and
disposed of as asbestos waste.
SUBPART 56-10
PHASE II D FINAL WASTE REMOVAL FROM SITE REQUIREMENTS.
56-10.1
Air Sampling
Requirements.
(a)
Satisfactory Clearance Air Results. Satisfactory
clearance air results must be obtained, for all non-exempt regulated abatement
work areas, before final waste removal from the site may be completed as per
this Subpart.
56-10.2
Removal of Tools and Equipment. All remaining tools
and equipment shall be removed from the work site after proper decontamination.
56-10.3
Removal of Remote Decontamination Enclosures. After all regulated abatement work areas for
the asbestos project have been dismantled as per Section 56-9.3, any remaining
remote decontamination enclosures must be dismantled and removed from the work
site. All plastic sheeting shall be
removed and disposed of as asbestos waste.
56-10.4
Removal of Waste from the Site. All waste generated
as part of the asbestos project shall be removed from the site within ten (10)
calendar days after successful completion of Phase II C for all regulated
abatement work areas at the site. All
waste generated during the asbestos project shall be legally disposed of at an
approved landfill facility. All
generated waste removed from the site must be documented, accounted for and
disposed of in compliance with the requirements of EPA NESHAP.
(a)
Air Sampling and Analysis. Air sampling and
analysis on all asbestos projects conducted under this Section shall be
conducted in accordance with the requirements of Subpart 56-4 of this Part.
(b)
Where Allowed. In-plant operations
permissible under this Subpart are only those that meet all of the following
criteria:
(1)
Any work within the
premises of an employer other than the State, any political subdivision of the
State, a public authority or other governmental agency or instrumentality
thereof, in an area to which persons other than those directly involved in the
work shall not have access during the course of the work, and which is
performed in a manner consistent with federal regulations promulgated under the
Federal Occupational Safety and Health Act, pursuant to Chapter 15 of Title 29
of the United States Code and is performed in a manner which shall not expose
the public to airborne fibers in excess of background levels or .01 fibers per
cubic centimeter, whichever is greater, provided that the work involves the
encapsulation, enclosure, removal, repair, disturbance or handling of
(i)
less than 160 square
feet or 260 linear feet of ACM, PACM, or asbestos material and is performed by
employees of such employer or
(ii)
any quantity of
Non-friable Organically Bound (NOB) asbestos material currently in a
non-friable intact condition, provided the abatement methods will not render
the asbestos material friable during abatement.
Only ELAP approved laboratories compliant with Section 56-4.2 of this
Part, can make the determination that bulk samples of a non-friable suspect ACM
are NOB asbestos materials.
(c)
Limitations. The “in-plant
operations” exception created in Section 901(12) of the Labor Law is limited in
scope, as follows:
(1)
There is no exemption
from requirements for licensing and certification as per this Part. (See Subpart 56-3 of this Part.)
(2)
There is no exemption
from air sampling or asbestos survey requirements as per this Part. (See Subparts 56-4 and 56-5 of this Part.)
(3)
There is no exemption
from requirements for project notification or from notice to residents or
occupants as per this Part. (See
Sections 56-3.4, 56-3.5, and 56-3.6 of this Part, respectively.)
(4)
There is no exemption
from record-keeping requirements of Labor Law, Section 904 and Section
56-3.4(a) of this Part.
(5)
For all of these
purposes, in-plant operations are asbestos projects as defined in Section
56-2.1 of this Part.
(6)
There is a limited
exemption from other Part 56 work practices where all of the following
conditions are met:
(i)
the project takes
place within the premises of the nonpublic employer;
(ii)
the project takes
place in an area to which persons other than those directly involved in the
work shall not have access during the course of the work;
(iii)
the project is
performed in a manner consistent with current OSHA regulations;
(iv)
the project is
performed in a manner which shall not expose the public to airborne fiber
concentrations exceeding background levels or .01 fibers per cubic centimeter,
whichever is greater; and
(v)
the project:
(a)
involves
encapsulation, enclosure, removal, repair, disturbance or handling of less than
160 square feet or 260 linear feet of ACM, PACM or asbestos material and work
is performed by employees of the employer; or
(b)
involves the
encapsulation, enclosure, removal, disturbance, repair or handling of NOB
asbestos materials. If the materials
listed in this clause are involved and no asbestos material will be rendered
friable during abatement, an employer may employ an outside asbestos abatement
contractor (i.e., the work need not be performed by employees of such
employer.)
(d)
In-plant Operations Regulated
Abatement Work Area. Every location where an in-plant operation is
performed shall be considered to be a regulated abatement work area for
purposes of this Subpart.
(e)
Licensing, Notification and
Certification. Asbestos contractors and other individuals
engaged in asbestos projects conducted under this Subpart shall comply with the
requirements of Subpart 56-3 of this Part.
(f)
Failure to Meet “In-Plant Operations” Criteria. If, at any time
prior to, during or subsequent to the asbestos project, conditions are such
that any of the criteria of Subdivision (c) of this Section are not met, all
anticipated, current and further work or activity on such project shall be
conducted in accordance with all requirements of Part 56.
(a)
Air Sampling and Analysis. Air sampling and
analysis on emergency asbestos projects shall be conducted in accordance with
the requirements of Subpart 56-4.
(b)
Where Allowed. Permissible under
this Section are only those projects that are deemed by the Commissioner or his
or her duly authorized representative as being necessary to respond to an
unexpected, unanticipated or unforeseen occurrence, including but not limited
to, an incidental disturbance of ACM, PACM or asbestos material, a steam,
chemical, gas or water line rupture, or boiler failure or a building/structure
collapse, which poses
(1)
an imminent danger to
the health and safety of the public or
(2)
an asbestos related
risk to the health and safety of the public from release of airborne asbestos
fibers.
(c)
Licensing and Certification. Emergency asbestos
projects conducted under this Subpart shall comply with the requirements of
Sections 56-3.1, 56-3.2 and 56-3.3 of this Part.
(d)
Notification. Prior to the
commencement of an emergency asbestos project, the asbestos abatement contractor
shall comply with the emergency asbestos project notification requirements set
forth in Sections 56-3.5 and 56-3.6.
(e)
Approved Emergency
Project. If permission to proceed as an emergency asbestos project
is granted as per this Subdivision and Section 56-3.5, all work done on the
project must be performed in a manner consistent with applicable provisions of
this Part or with approved variance conditions required by the Commissioner or
his or her designee. If the asbestos
project will be completed using alternative procedures defined within a
site-specific variance, the approved variance decision must be obtained prior
to proceeding with the asbestos project.
If permission to proceed with the emergency asbestos project is denied,
all work shall be performed in accordance with all applicable provisions of
this Part.
(f)
Corrective Actions for
Incidental Disturbance of Asbestos Containing Materials:
(1)
Upon discovery, the
affected area shall be cordoned off with barrier tape at a distance of
twenty-five (25) feet from the outer most limit of the disturbance. This shall be considered the regulated
abatement work area for the cleanup of the disturbed materials. The regulated abatement work area shall be
immediately cordoned off and adequate signage shall be posted as described in
Subpart 56-7.4. After evaluation and
emergency notification for the incidental disturbance as per Section 3.5, the
following applies:
(i)
A minimum of a Small project
decontamination system enclosure, which may be remote from the work area, shall
be installed and utilized for the asbestos project. For interior
regulated abatement work areas, critical barriers shall be installed as per
Section 56-7.11, or an appropriately sized tent enclosure shall be installed to
serve as an isolation barrier, dependent upon the size and configuration of the
area disturbed. Then negative air
ventilation systems shall be established as per Section 56-7.8(a).
(ii)
For outdoor regulated
abatement work areas, all
adjacent building openings within twenty-five (25) feet of the outermost limit
of the disturbance shall be sealed with two (2) layers of six (6) mil fire
retardant plastic sheeting.
(2)
Tent enclosures, if
necessary, shall be constructed as per Section 56-7.11(f)(1) to surround the
area of disturbance. The tent shall be
sealed to the surfaces beyond the limits of contamination, and those surfaces
of the tent enclosure (wall, ceiling, or floor) shall not require plastic
sheeting. An attached airlock is
required.
(3)
Due to the nature of
this work, background air samples shall not be required.
(4)
Wet methods shall be
employed to minimize further disturbance of the affected material during
cleanup activities. No removal of
undisturbed ACM, PACM or asbestos material shall be allowed during the
incidental disturbance cleanup emergency asbestos project.
(5)
Visual Inspection. Once final cleaning
is complete, a visual inspection shall be completed by the asbestos abatement
contractor’s supervisor to confirm that the scope of abatement work for the
asbestos project is complete, and no visible debris/residue, pools of liquid,
or condensation remain.
(6)
Removal of Personal Protective
Equipment. The worker’s disposable protective clothing
shall be removed and left in the incidental disturbance work area upon exiting.
(7)
Exiting Procedures. After exiting the
tent, workers shall immediately don clean protective clothing within the
attached airlock. Workers shall then
proceed immediately to a shower for decontamination.
(8)
Final Cleaning and
Clearance Procedures. Final clean-up procedures shall comply with
Section 56-9, except that only one (1) stage of cleaning (final) is to be
performed. Lockdown encapsulant use is
not required except for porous contaminated surfaces subject to cleaning. After clean-up is complete, a visual
inspection followed by completion of clearance procedures, shall be performed
consistent with the requirements of Subpart 56-9.
56-11.3
Minor Asbestos Projects.
(a)
Air Sampling and Analysis. Air sampling and analysis
on a Minor asbestos project conducted under this Section shall be conducted in
accordance with the requirements of Subpart 56-4 of this Part.
(b)
Where Allowed. For asbestos
projects with abatement of less than or equal to ten (10) square feet or twenty-five
(25) linear feet of ACM, PACM or asbestos material, Phase II Minor asbestos
project abatement procedures as per this Section may be complied with in lieu
of full compliance with Sections 56-7 through 56-9. All other requirements of this Part shall
apply. Minor asbestos project corrective
actions shall include limited enclosure, spot repair/patching, incidental
disturbance clean-up, spot removal, and spot encapsulation. All corrective actions except spot removal
shall be performed using non-asbestos material.
Repairs where spot removal has occurred shall also utilize non-asbestos
material. The regulated abatement work
area shall be established as per the requirements of Section 56-7.4.
(c)
Ventilation for Power Tools. Power tools used to
drill, cut, or otherwise disturb asbestos material in Minor size regulated
abatement work areas, shall be manufacturer equipped with HEPA-filtered local
exhaust ventilation.
(d)
Glovebag Use. Glovebag operations
shall be performed within negative pressure tent enclosures, and shall utilize
commercially available glovebags of at least six (6) mil, transparent plastic
and no larger than needed. See Section 56-7.11 regarding tent construction and
Section 56-8.4 regarding proper glovebag procedures. For an isolated event necessary for repair
associated with normal operations and maintenance activities, a single glovebag
operation may be performed without a negative pressure tent enclosure.
(e)
Tent Use. Tents may be used
to perform Minor size asbestos abatement, with or without the use of
glovebags. Commercially available tents
with floors, walls and ceilings of at least one layer six (6) mil,
fire-retardant plastic or a constructed tent per Section 56-7.11(f)(1) of this
Part may be used. When utilizing a tent
for Minor size asbestos projects, the following shall be required:
(1)
Personal/Equipment Decontamination Room
or Area.
An existing room or area that is adjacent to the regulated abatement
work area shall be used for the decontamination of personnel and
equipment. The room or area shall be
covered by an impermeable dropcloth on the floor or horizontal working
surface. The room or area must be of
sufficient size to accommodate cleaning of equipment and removing personal
protective equipment. Work clothing must
be cleaned with a HEPA vacuum before it is removed. All equipment and surfaces of asbestos waste
bags/containers must be cleaned prior to removing them from the decontamination
room or area. All personnel must enter
and exit the regulated abatement work area through the decontamination room or
area.
(2)
Personal Protective Equipment. All persons shall
don appropriate personal protective equipment before entering the tent in
compliance with current OSHA regulations.
Authorized visitors entering the tent shall also don NIOSH-approved
respiratory protection.
(3)
Exhausting the Tent. A HEPA-vacuum or
other negative pressure HEPA-filtered ventilation equipment shall be used to
continuously exhaust the tent in accordance with Sections 56-7.8(a) and
56-7.11(f)(1) of this Part.
(4)
Amended Water. All material to be
removed shall be saturated with amended water as specified in this Part.
(5)
Abatement Procedures. Asbestos material
shall be removed and sealed in plastic bags prior to removal from tent. Edges of asbestos material remaining shall be
encapsulated or sealed with wettable cloth.
(6)
Sealing of Surfaces and Edges. The substrate from
which asbestos was removed and any exposed edges shall be sealed with
encapsulant.
(7)
Clean Up. Cleanup shall be
accomplished as follows:
(i)
Method. All accumulations of asbestos waste material
shall be containerized and removed.
HEPA-vacuums shall be used to clean all surfaces after gross cleanup.
(ii)
Removal of Contaminated Equipment and Waste. Contaminated
equipment and all containerized waste shall be removed from the regulated
abatement work area.
(iii)
Cleanup of Surfaces. All surfaces in the
regulated abatement work area shall be wet-cleaned using rags, mops or sponges.
(iv)
Waiting Period. Negative pressure HEPA-ventilated air
equipment shall be operated for a minimum of twenty (20) minutes following
completion of final wet cleaning.
(8)
Visual Inspection. Once final cleaning
is complete, a visual inspection shall be completed by the asbestos abatement
contractor’s supervisor to confirm that the scope of abatement work for the
asbestos project is complete, and no visible debris/residue, pools of liquid,
or condensation remain.
(9)
Removal of Personal Protective
Equipment. The worker’s disposable protective clothing
shall be removed and left in the tent upon exiting.
(10) Exiting Procedures. After exiting the tent, workers shall
immediately don clean protective clothing.
Workers shall then seal the tent exit and, upon tent collapse, shut down
the HEPA-vacuum.
(11) Collapsing and Containerizing the Tent. The plastic sheeting which formed the tent, and the
contents thereof, shall be fully collapsed, starting from the top and working
downward. The tent and contents shall be
placed in at least a six (6) mil plastic bag or hardwall container, sealed
airtight with duct tape and removed for disposal.
(12) Showering. Workers shall proceed immediately to a shower
for decontamination.
(13) Failure. Actions to be taken in the event of loss of tent integrity
are detailed within Section 56-8.4(j) of this Part.
56-11.4
Pre-Demolition
Asbestos Abatement Projects. The following Phase II
abatement procedure modifications shall apply for building/structures planned
for demolition. All ACM, PACM or
asbestos material must be removed from a building/structure and the asbestos
project completed, prior to commencement of demolition activities.
(a)
Air Sampling and Analysis. Air sampling and
analysis on asbestos projects conducted under this Section shall be conducted
in accordance with the requirements of Subpart 56-4.
(b)
Regulated Abatement Work Area Preparation. Regulated abatement work area preparation shall be
as per Subpart 56-7, except as follows:
(1)
Timing - Removal of Salvage. Objects that can be removed
from the regulated abatement work area without disturbing friable ACM prior to
beginning Phase II B abatement procedures shall be completed as follows. The removal of nonporous, movable or
non-movable salvage shall occur after critical barriers, isolation barriers and
decontamination enclosures are in place in that portion of the building or
structure, and only after salvage has been wet-cleaned and HEPA-vacuumed.
(2)
Floor, Wall & Ceiling Plasticizing and Sealing. All porous floor, wall and ceiling surfaces,
except where abatement of ACM, PACM or asbestos material shall be performed on
those specific surfaces, shall be covered with one (1) layer of, at a minimum,
six (6) mil fire-retardant plastic sheeting.
The floor shall be plasticized first, and its plastic sheeting shall
extend up the walls a distance of at least twelve (12) inches on all
sides. The walls shall then be
plasticized by applying plastic sheeting from the ceiling to the floor,
overlapping the floor sheeting by at least twelve (12) inches. Next, the ceiling shall be plasticized,
overlapping the walls by at least twelve (12) inches, to form a secure airtight
seam. If the floor surface is not to be
plasticized, it shall be made watertight. All seams in the plastic shall be
sealed watertight and airtight.
(3)
Suspended Ceilings. Suspended ceiling tiles
and T-grid components in proximity to friable ACM shall remain in place until
the regulated abatement work area has been fully prepared in accordance with
this Section, and electrical and HVAC systems have been shut down. These potentially contaminated suspended
ceiling components shall be removed at the completion of the remaining work
area preparation, including establishment of negative air ventilation systems,
prior to commencement of Phase II B activities.
These removed ceiling components shall be bagged/containerized and
disposed of as asbestos waste.
Critical barriers shall be installed above the suspended ceiling as per
Section 56-7.11(a), prior to the commencement of Phase IIB abatement.
(4)
Elevators. Elevators running through
the regulated abatement work area shall conform to the following:
(i)
The elevator door in the
regulated abatement work area shall be enclosed per Section 56-7.11(d).
(ii)
Elevators not remaining in
use shall have the fuses removed and the power switch locked in the open
position.
(iii)
Elevator shafts shall not
be used as waste chutes for asbestos waste material.
(iv)
Elevators that remain in
use shall conform to the additional procedures to minimize the piston effects.
(a)
Elevator controls shall be
modified to bypass the regulated abatement work area.
(b)
A third (final) layer of
polyethylene is to be duct taped airtight but with slack so as to form a larger
perimeter diaphragm. Air leakage across the
barrier shall be corrected upon discovery, and the elevator shaft shall be
checked for airborne asbestos contamination. If contamination is found in this
area, the entire affected area shall be wet-cleaned prior to continuing any
other work.
(c)
This system shall be smoke
tested daily.
(c)
Removal. Removal
of ACM, PACM and asbestos material shall proceed as per the requirements of
Subpart 56-8.
(d)
Final Cleaning and
Clearance Procedures. Final clean-up and clearance procedures for
pre-demolition abatement shall comply with Section 56-9, except that only two
(2) stages of cleaning (first and final) are to performed. Lockdown encapsulant use shall be consistent
with Section 9.1(b).
(e)
Final Waste Removal
From the Site. The requirements of Subpart 56-10 shall
apply, once all asbestos project regulated abatement work areas have been
completed.
56-11.5
Controlled
Demolition with Asbestos in Place.
(a)
Air Sampling and Analysis. Air sampling and
analysis on an asbestos project conducted under this Section shall be conducted
in accordance with the requirements of Subpart 56-4 of this Part.
(1)
In addition to the
requirement of Subpart 56-4.9(b-c), air monitoring within the work areas shall
be conducted daily during abatement and cleaning activities. If more than one (1) shift daily is required
to accomplish the work, air monitoring within the work area during abatement
shall be performed on each shift, preferably at mid-shift timing.
(b)
Asbestos to Remain During Demolition. A building/structure may be demolished with asbestos material in place, as per
the requirements of this Section, when the following condition is met:
(1)
Building/Structure is Condemned. A building or
structure may be ruled structurally unsafe by a licensed Professional Engineer,
Registered Architect, Building Inspector, Fire Inspector or other official of
competent jurisdiction. The official
shall attest to the condition of the building/structure in writing. A copy of the condemnation letter shall be
attached to the project notification mailed to the Department of Labor and a
copy shall be posted at the work site.
(c)
Controlled
Demolition Procedures. The following controlled demolition
procedures shall be followed:
(1)
Project Size. Unless the size of
the project can be positively quantified it shall be deemed to be a Large
project. The maximum fee shall accompany
the notification.
(2)
Regulated Abatement Work
Area. The entire
demolition area shall be considered the regulated abatement work area. This area shall be enclosed within a barrier
to prevent unauthorized entry. Signage
on this barrier shall be in accordance with Section 56-7.4. Orange construction fence or snow fence is
acceptable for this purpose. For outdoor
regulated abatement work areas, all adjacent building openings within
twenty-five (25) feet of the outermost limit of the disturbance shall be sealed
with two (2) layers of six (6) mil fire retardant plastic sheeting, and the
exterior asbestos project regulated abatement work area shall extend a minimum
of twenty-five (25') feet from the outermost limit of the disturbance.
(3)
Entrance or Exit. Entrance or exit of all persons and equipment
shall be through one (1) designated and controlled “access way” in the barrier
or fence, which shall provide a means of egress from the regulated abatement
work area.
(4)
Decontamination Areas. All decontamination
areas shall be within the regulated abatement work area. An equipment decontamination area shall be
cordoned off within the worksite for cleaning of heavy equipment, i.e.,
backhoes, excavators, loaders, etc. The
ground surface in this decontamination area shall be banked on the sides to
confine the contaminated wastewater.
(5)
Equipment Decontamination. Equipment shall be
decontaminated prior to exiting the regulated abatement work area, utilizing a
pressure wash system, after which all exposed surfaces inside and out shall be
wet wiped. The surface below the
equipment shall be scraped or cleaned of any residual asbestos
contamination. This material shall be
removed and disposed of as asbestos contaminated material.
(6)
Wet Methods. No dry disturbance
or removal of ACM, PACM or asbestos material shall be permitted.
(7)
Debris. All debris
generated by the demolition shall be considered to be asbestos contaminated
waste (to be disposed of as RACM), except for structural members, steel
components and similar non-suspect items which shall be fully decontaminated as
per this Part.
(8)
Wetted Demolition Waste. The demolition
waste shall be wetted on a continuous basis, that is, prior to, during and
subsequent to its actual collection and removal. Fog nozzles or similar type of equipment
shall be used to perform the wetting.
(9)
Wetted Piles of Waste. Piles of waste not
actively being worked on, i.e. piles being added to or portions being removed
or piles left over extended periods of time, shall be covered with at least one
layer of six (6) mil polyethylene to retain its moisture level and to prevent
fiber release.
(10) Wastewater. Wastewater shall be confined within the
controlled demolition regulated abatement work area. All wastewater shall be collected by means of
trenching or ditches and directed into a holding tank. Disposal of such wastewater shall be in
accordance with applicable laws and regulations. After wastewater has dissipated, the earth
surface below the trenches and holding tank shall be scraped and any residual
asbestos contamination removed and disposed of as asbestos contaminated waste.
(11) Pending Disposal. All demolition waste shall be placed in hard
wall, closed containers or vehicles with at least two (2) layers of fire
retardant six (6) mil plastic sheeting draped loosely over the sides of the
load to facilitate being wrapped over the top of the load and sealed air tight
prior to transport from the site.
Dumpsters shall be considered to be hard wall containers. There shall be no visible emissions or water
leakage from these containers.
(12) Contaminated Earth Surfaces. The earth surface below the rubble and or
contamination areas shall be scraped clean of any residual asbestos
contamination. This material shall be
removed and disposed of as asbestos contaminated waste.
(13) Final Cleaning and Clearance Procedures. Final clean-up and
clearance procedures for abatement shall comply with Section 56-9, except that
only one stage of cleaning (final) is to be performed. Lockdown encapsulant use is not required.
(14) Final Waste Removal From the Site. The requirements of
Subpart 56-10 shall apply, after all asbestos project regulated abatement work
areas have been satisfactorily cleared.
56-11.6
Exterior
Project Removal of Non-friable ACM Roofing, Siding, Caulking, Glazing Compound,
Transite, Tars, Sealers, Coatings, and Other NOB ACMs. The following Phase II abatement procedures shall apply for exterior
removal of non-friable asbestos-containing roofing, siding, caulking, glazing
compound, transite, tars, sealers, coatings, and other NOB ACMs, currently in a
non-friable intact condition, unless the ACM is rendered friable during removal
or debris falls within the building/structure.
The asbestos project shall then be completed in accordance with all
requirements of this Part, except Special Projects Subpart 56-11.
(a)
Air Sampling and Analysis. Air sampling and
analysis on asbestos projects conducted under this Section is not required
unless the ACM is rendered friable during removal or debris falls inside the
building/structure. Air sampling and
analysis shall then be conducted in accordance with the requirements of Subpart
56-4.
(b)
Regulated Abatement Work Area Preparation.
(1)
Establishment and
Isolation of Regulated Abatement Work Area. The immediate work area shall be considered
to be the area from which the asbestos containing materials are actively being
removed. The asbestos project regulated
abatement work area shall extend twenty-five (25') feet from the perimeter of
the immediate work area and shall have signage in accordance with Section
56-7.4. An airlock shall be required at
the entrance to the regulated abatement work area to serve as a changing area,
if the workers shall have to pass through enclosed publicly occupied space,
such as from a roof through an interior stairway, to access the decontamination
units.
(i)
Where the asbestos project
regulated abatement work area extends outward twenty-five (25) feet and extends
downward one (1) floor to encompass a passage or vehicular door which must be
used for either a primary entrance or by an emergency vehicle, thereby
precluding sealing such door, a tunnel structure (with sides and roof) built of
plywood sheeting, covered with at least two (2) layers of at least six (6) mil
plastic, shall extend outward twenty-five (25) feet horizontally from the line
of vertical projection of the roof edge downward to grade level
(2)
Preliminary Preparation. Regulated abatement work
area preparation shall also comply with Sections 56-7.2, 7.3, 7.4, 7.5, 7.6,
7.7 and 7.9.
(3)
Decontamination System
Location. The personal and waste decontamination system enclosures can be
remote but must be within fifty (50) feet of the building/structure entrance
used by the asbestos handlers (workers), and shall be removed only after
obtaining satisfactory clearance air results for the regulated abatement work
area or an acceptable visual inspection has determined that the abatement is
complete, as per Section 56-9. 2(e).
(4)
Critical Barriers. Prior to the placement of
critical barriers, affected surfaces shall be pre-cleaned using HEPA-filtered
vacuum equipment and wet cleaning methods. All openings within the regulated
abatement work area shall be sealed with critical barriers installed as per Section
56-7.11(a), prior to beginning
Phase II B activity on the project. The critical barriers shall be removed only
after satisfactory clearance air sampling results have been obtained or the
asbestos project is complete. The
requirements of Section 56-7.11(b-e) do not apply. Additional requirements are as follows:
Roofs:
(i)
All openings (including
operable windows, doors, ducts, grilles, communicating openings, etc.) one (1)
story above and one (1) story below the roof level of the regulated abatement
work area (this includes any
building/structure within twenty-five (25) feet of the immediate work area), shall be sealed directly with two (2)
layers of at least six (6) mil flame-retardant plastic sheeting. All vent openings which cannot be sealed
shall be extended vertically a minimum of eight (8) feet and remain in
operation.
(ii)
A polyethylene drape or
curtain may be used instead of plasticizing the windows individually. The drape may be removed after the asbestos
project is complete.
(iii)
The drape or curtain, if
used, shall be made of two (2) layers of a continuous eighteen (18) foot
curtain (drape) of at least six (6) mil plastic hung from the top of the wall
or parapet. The plastic curtain shall be
secured using nailer strips and ram set charges or other methods approved by
the building/structure owner’s authorized representative. The bottom of the plastic curtain shall be
sufficiently weighted or anchored to prevent lifting due to winds. Curtain seams shall overlap at least twelve
(12) inches and be sealed with duct tape front and back. The curtain ends and each seal shall be
reinforced by stapling furring strips to the plastic. The plastic curtain shall extend a minimum of
fifteen (15) feet beyond the last opening within twenty-five (25) feet of the
regulated abatement work area. When
removed, the plastic curtain shall be disposed of as asbestos waste.
(iv)
Any windows on the floor
below or above and within twenty-five (25) feet of the immediate work area need
to be plasticized, but if safety reasons dictate, they may be plasticized from
inside the building/structure.
(v)
Any fixed or non-operable
windows on the floor below or above and within twenty-five (25) feet of the
immediate work area need not to be plasticized, but shall be sealed using
caulking or duct tape.
Facades:
(vi)
Removals without tents
will require plasticizing or sealing of nearby windows within twenty-five (25)
feet of the immediate work area, placement of dropcloths, plasticizing of a
man-lift or scaffolding and other operational safeguards as outlined below.
(vii)
For larger work area
removals, any operable windows or openings to the building at the work level or
on the floor below within twenty-five (25) feet of the immediate work area
shall be plasticized with two (2) layers of six (6) mil fire retardant
polyethylene sheeting. The windows can
be plasticized outdoors, or for reasons of safety, from the indoors. Window, door and louver units subject to
complete removal must have their openings plasticized at the interior of the
building. Windows that are fixed or
non-operable and that will remain sealed airtight for the duration of abatement
activities, do not require installation of critical barriers.
(viii) Under areas where non-friable materials are removed without tents,
a dropcloth, made of six (6) mil fire retardant polyethylene sheeting, shall be
placed on the ground below the work area to prevent spread of any ACM
remnants. This dropcloth shall be a
minimum of ten (10) feet wide with an additional ten (10) feet of width for
every floor above a 1st floor level where removal work will take place, up to a
maximum of thirty (30) feet of width measured perpendicular to the
building/structure. In addition, if a
straight scaffolding, man-lift, swing scaffolding or similar equipment is used
for areas above the 1st floor, the lift/scaffolding unit shall be plasticized
with two (2) layers of six (6) mil fire retardant polyethylene on the platform,
with plastic sheeting extended vertically to waist-high (as so equipped)
guardrail sides and back of the lift unit.
While the platform/lift walking surfaces must be plasticized, the
asbestos abatement contractor must provide proper traction surfaces or
equipment to assure the safety and comfort of abatement workers while
performing abatement activities on the lift/scaffold equipment. After non-friable ACM is removed from each
work location, the platform and plasticized surfaces toward the building shall
be wet wiped and/or HEPA vacuumed clean before reuse. The plasticizing on the lift or scaffolding
shall be periodically inspected during use and repaired as needed.
(c)
Removal. Removal
of ACM shall utilize manual wet methods for all non-friable ACM removals, and
rotating blade roof cutters for roofing removals, as applicable. In no event shall methods be used that may
render the ACM friable.
(1)
Residual non-friable ACM
shall be wet scraped and HEPA vacuumed.
Materials removed shall be containerized or immediately wrapped in two
(2) layers of six (6) mil fire retardant plastic sheeting and secured air tight
prior to transport to the waste decontamination facility.
(2)
Under façade areas where
non-friable ACM is to be removed without tents, whenever possible, an asbestos
handler (worker) with a HEPA vacuum will position the vacuum hose within four
(4) inches of the material being removed to capture small pieces of non-friable
ACM and asbestos fines. The hose end
will be positioned so that as many smaller pieces of material as possible will
fall into the vacuum hose end. Larger
pieces of ACM should be immediately bagged or containerized.
(3)
Asbestos containing
materials will not be allowed to accumulate in the work area or on the drop
cloth.
(4)
In lieu of using an
exterior chute as per Section 8.4(g), waste bags and containers may be lowered to
the waste trailer/dumpster by crane or hoist using a temporary waste transfer
container of adequate size and strength.
(d)
Clean-Up Procedures During
Abatement.
The following clean-up procedures shall be performed during abatement.
(1)
Visible accumulations
of loose asbestos containing waste material shall be cleaned up using rubber or
plastic dustpans and rubber squeegees or HEPA filtered vacuums. Metal shovels may also be used, except in the
vicinity of plastic sheeting, critical barriers and isolation barriers, which
could be perforated by these tools. To
pick up excess water and gross wet debris, a wet-dry HEPA filtered shop vacuum
dedicated to asbestos abatement may be used.
This cleaning shall be done whenever there is sufficient asbestos waste
material to fill a single leak-tight bag/container, or this cleaning shall be
done at the end of each work shift whichever shall occur first. Visible debris shall be maintained adequately
wet.
(2)
Work shall stop
whenever excessive water accumulation or flooding is present in the area and
shall not resume until the water is collected and disposed of properly.
(e)
Final Cleaning and
Clearance Procedures. Final clean-up and clearance procedures for
abatement shall comply with Section 56-9, except that only one (1) stage of
cleaning (final) is to be performed.
Lockdown encapsulant use is not required.
(1)
Exemption from Project Monitor Visual Inspection.
Asbestos projects which are exempt from clearance air sampling
requirements at one or two-family owner occupied residential
buildings/structures, are also allowed an exemption from the project monitor
visual inspection requirements. For
asbestos projects utilizing this exemption, once
final cleaning is complete, a visual inspection shall be completed by the
asbestos abatement contractor’s supervisor to confirm that the scope of
abatement work for the asbestos project is complete, and no visible
debris/residue, pools of liquid, or condensation remain. The results of this inspection shall be
documented by the asbestos abatement contractor’s supervisor in the asbestos
abatement contractor daily project log, and once the asbestos project is
complete the asbestos abatement contractor’s supervisor shall also obtain the
owner’s written acceptance of the final results of the asbestos project within
the daily project log.
(f)
Final Waste Removal
From the Site. The requirements of Subpart 56-10 shall
apply, once all asbestos project regulated abatement work areas have been
completed.
56-11.7
Non-friable
Flooring and/or Mastic Removal. The following Phase II abatement procedures shall apply for removal of
non-friable asbestos-containing flooring and/or mastic materials including cove
base and associated mastic. (Note - Full work area preparation, attached
decontamination system enclosures, abatement and multiple cleanings per this
Part are required for beadblaster use or other abrasive abatement method.)
(a)
Air Sampling and Analysis. Air sampling and
analysis on an asbestos project conducted under this Section shall be conducted
in accordance with the requirements of Subpart 56-4.
(b)
Regulated Abatement Work Area Preparation.
(1)
Establishment of Regulated Abatement Work Areas. Each regulated
abatement work area shall be established and signage posted as per the
requirements of Section 56-7.4. Each
regulated abatement work area shall remain vacated except for certified workers
until satisfactory clearance air sampling results have been obtained or the
asbestos project is complete.
(2)
Preliminary Preparation. Regulated abatement work
area preparation shall also comply with Sections 56-7.1 through Section 7.10,
except that six (6) air changes per hour are required within the work area.
(3)
Critical and Isolation Barriers. Prior to the placement of
critical and isolation barriers, affected surfaces shall be pre-cleaned using
HEPA-filtered vacuum equipment and wet cleaning methods. All critical and
isolation barriers shall be installed as per Section 56-7.11(a-b) and all seams of HVAC or other system
components that pass through a regulated abatement work area shall be sealed prior
to beginning Phase II B work for each regulated abatement work area on the
project. The critical and isolation barriers shall be
removed only after satisfactory clearance air sampling results have been
obtained.
(4)
Removal of Mounted Objects and Elevator
Isolation.
Regulated abatement work area preparation shall also comply with Section
7.11(c-d).
(5)
Plasticizing. The ceiling, walls and floor need not be plasticized
as per Section 56-7.11(e) for manual or chemical removal methods.
(c)
Removal. Removal
of ACM and asbestos material shall proceed as per the requirements of Subpart
56-8.
(d)
Final Cleaning and
Clearance Procedures. Final clean-up and clearance procedures for
abatement shall comply with Subpart 56-9, except that only one (1) stage of
cleaning (final) is to be performed.
Lockdown encapsulant use shall be consistent with Section 9.1(b), with
the exception that lockdown encapsulant shall only be applied to non-removal
surfaces covered with fire-retardant plastic sheeting.
(e)
Final Waste Removal
From the Site. The requirements of Subpart 56-10 shall
apply, once all asbestos project regulated abatement work areas have been
completed.
56-11.8
Abandoned
Pipe/Duct/Conduit Wrap and Cut Removal. The following Phase II abatement procedures shall apply for wrap and
cut removal of asbestos-containing or ACM covered abandoned pipes/ducts/conduits. All other requirements of this Part shall
apply:
(a)
Air Sampling and Analysis. Air sampling and
analysis on an asbestos project conducted under this Section shall be conducted
in accordance with the requirements of Subpart 56-4 of this Part.
(b)
Regulated Abatement Work Area Preparation.
(1)
Establishment of Regulated Abatement Work Areas. Each regulated
abatement work area shall be established and signage posted as per the
requirements of Section 56-7.4. Each
regulated abatement work area shall remain vacated except for certified workers
until satisfactory clearance air sampling results have been obtained or the
asbestos project is complete.
(2)
Preliminary Preparation. Regulated abatement work
area preparation shall also comply with Section 56-7.1 through Section 7.11(d).
(i)
Exception. For
exterior regulated abatement work areas with ACM, PACM or asbestos material
intact, establishment of negative air systems as per Section 56-7.8, and
installation of isolation barriers as per Section 7.11(b) is not required. Remote decontamination system enclosures are
allowed for exterior regulated abatement work areas.
(3)
Critical Barriers. Prior to the placement of
critical barriers, affected surfaces shall be pre-cleaned using HEPA-filtered vacuum
equipment and wet cleaning methods. All critical barriers shall be installed as
per Section 56-7.11(a) and all seams of
HVAC or other system components that pass through a regulated abatement work
area shall be sealed prior to beginning Phase II B work for each
regulated abatement work area on the project. The critical and
isolation barriers shall be removed only after satisfactory clearance air
sampling results have been obtained.
(4)
Limitations. Full regulated abatement work area negative
pressure enclosure preparation as per
Section 56-7.11(a, b and e) is not required if the
following removal conditions are followed:
(i)
The ACM, PACM or asbestos
material must be intact, and the wetted pipe/duct/conduit shall be wrapped in
two (2) independent layers of at least six (6) mil fire-retardant plastic
sheeting and sealed airtight.
(ii)
A one-layer dropcloth of
at least six (6) mil fire-retardant plastic sheeting shall be utilized below
the ACM, PACM or asbestos material during all wrapping operations.
(iii)
Insulation removals to
allow for cuts of pipe/duct/conduit and cuts for removal of ACM
pipe/duct/conduit or sections thereof shall be performed using glovebag
procedures within a negative pressurized tent enclosure, per Section 56-8.4(a).
(c)
Removal. Removal
of the wrapped ACM and asbestos material shall proceed as per the requirements
of Subpart 56-8.
(d)
Final Cleaning and
Clearance Procedures. Final clean-up and clearance procedures for
abatement shall comply with Subpart 56-9, except that only one stage of cleaning
(final) is to be performed. Lockdown
encapsulant use is not required, except as indicated for glovebag procedures.
(e)
Final Waste Removal
From the Site. The requirements of Subpart 56-10 shall
apply, after all asbestos project regulated abatement work areas have been
completed.
SUBPART 56-12
56-12.1
Severability. If any provision of this Part or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this Part which can be given effect without
the valid provisions or applications and to this end the provisions of this
Part are declared to be severable.
56-12.2
Variances. The failure by any
person or entity performing work on or in connection with an asbestos project,
to comply with the terms and conditions of any general or specific variance
issued pursuant to Article 2, Section 30 of the Labor Law, from this Part,
Article 30 of the Labor Law, or any other applicable statutes, rules or
regulations, shall constitute a violation of this Section and shall render the
variance itself null and void in regard to such project. Non-refundable fees for variance processing
shall be set forth in Article 2, Section 30 of the Labor Law.
56-12.3
Applicable
Variances (AVs). Notice
of issuance of applicable variances under this Part, Article 30 of the Labor
Law or other applicable Sections of State law, shall be published in the State
Register and indexed by subject matter and number. Single copies of such variances may be
obtained from the local district office of the Asbestos Control Bureau.
56-12.4
Right of Entry. The Commissioner or officers and employees of the
Department shall at any time, from commencement to completion of any asbestos
project, have the right to enter any part of such project, or at any time for
complaint investigation. Refusal to
permit such entry may result in application of appropriate penalties set forth
in statute and code including enjoining further work on the project.