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Showing posts with label asbestos. Show all posts
Showing posts with label asbestos. Show all posts

Monday, October 24, 2022

The Reality of Asbestos Clearance Air Sampling! Are You Sampling Enough?

We attended the Environmental Information Association (EIA) 2022 National Conference and Exhibition in Phoenix, Arizona from March 20, through March 23, 2022.  We attended several sessions regarding asbestos where we discussed with some attendees asbestos clearance air sampling and what are the Federal requirements.  Based on those discussions we figured it was time to write an article on this topic.  To make sure we wrote this article based on general industry practice, versus what we are used to in New York State and New York City, we consulted with Mr. Tom Laubenthal, of TGL Consulting, Inc., and Mr. Dana Brown, of Time's Dark Captains.  Since everything else seems to start with the Environmental Protection Agency's (EPA's) Asbestos-Containing Materials in Schools Rule (40 CFR Part 763, Subpart E, known in the industry as the Asbestos Hazard Emergency Response Act (AHERA)) why don't we start there?  The AHERA regulation remember applies to schools from Kindergarten to 12th grade (K-12), both public and private schools.  The requirements are found in two sections of the rule:

  • Response Actions; §763.90 (i)
  • Appendix A (to Subpart E) - Interim Transmission Electron Microscopy Analytical Methods - Mandatory and NonMandatory - and Mandatory Section to Determine Completion of Response Actions

For all intents and purposes, these methods serve as the industry standard when final clearance is performed for most asbestos abatement projects, especially when areas are to be re-occupied. We’ll discuss applicability issues as we go. 

TEM Analysis

First, let's discuss the requirement for aggressive clearance sampling.  In the AHERA regulation, aggressive sampling means floors, ceilings, and walls shall be swept with the exhaust of a minimum one (1) horsepower leaf blower.  Some states and specifications may also require the use of fans as described in the non-mandatory section of Appendix A.  The non-mandatory section states, that stationary fans shall be placed in locations that will not interfere with the air monitoring equipment.  Fan air is directed toward the ceiling.  One fan shall be used for every 10,000 cubic feet (CF) of a worksite.  This is required in the New York State Department of Labor's Asbestos Regulation Industrial Code Rule 56 (NYSDOL ICR56) and the New York City Department of Environmental Protection Asbestos Regulation Title 15 (NYCDEP Title 15).  However, NYSDOL ICR56 also requires one fan per room in addition to the one fan per 10,000 CF.

This is not in the spirit of the AHERA/NYSDOL ICR56/NYCDEP Title 15 requirements for aggressive clearance sampling. Thank you Greg Mance for the photo.

As defined by the AHERA rules, final clearance air sampling can be done by phase contrast microscopy (PCM) methodology for projects less than or equal to 160 square feet (SF) or 260 linear feet (LF) by the National Institute for Occupational Safety and Health (NIOSH) 7400 methodology (Issue 3: 14 June 2019 is the current issue).  For projects greater than 160 SF or 260 LF clearance shall be done by the AHERA transmission electron microscopy (TEM) method (requirements at 763.90 (i) (4) and Appendix A).

Graphic courtesy Tom Laubenthal

There are some similarities between the AHERA TEM and NIOSH 7400 methods.  For example, the AHERA TEM method (Appendix A) allows for the use of either a 25-millimeter (mm) filter cassette or a 37-mm filter cassette.  We haven't used a 37-mm cassette since the industry switched from the old asbestos sampling method NIOSH P&CAM 239 to the NIOSH 7400 method that was formally adopted into AHERA.  For sampling, whether it is the AHERA TEM method or the NIOSH 7400 method, we use a 25-mm 3-piece cassette with 50-mm electrically conductive extension cowl cassettes.  The two methods require the filter cassette to face 45 degrees downward from the horizontal.  The filter material used is mixed cellulose ester (MCE).  AHERA TEM method does allow for the use of polycarbonate (PC) filters as well.  The PC filters fell out of favor because post-sampling handling was more problematic than the MCE filters.  With PC filters, if samples sent to the lab are not handled carefully, the sampled fibers can move significantly from the filter surface.  This was widely discussed in the industry in the 1980s.  Since then, only MCE filters are used outside of specialty applications. 

The filter cassette is to face 45 degrees downward from the horizontal.

Both methods require blanks, however, that is where the similarities end.  The AHERA TEM method requires three blanks two field blanks and one laboratory (sealed) blank.  While the NIOSH 7400 method requires a minimum of two blanks or 10% of samples collected with a maximum of 10 blanks.  How the blanks are handled is different as well. The AHERA TEM method laboratory (sealed) blank is not opened and kept sealed, while the field blanks are opened for 30 seconds at the entrance to each abatement area and one at an ambient area.  While the NIOSH 7400 method requires the blanks to be opened at the same time as the other cassettes just prior to sampling and stored with the top covers of the cassettes that are running and remain open for the duration of sampling (here is an interesting difference, in some places the cassettes are stored in the box with the lid closed or, the way we were taught, they are placed in a Ziploc bag that is used to deliver the samples to the laboratory).  

A typical box of air sampling cassettes

Another difference is that with the AHERA TEM method we use a 0.45-micron (µm) MCE filter and the NIOSH 7400 method uses a 0.8 µm MCE filter.  This refers to the size of the air passages in the filter material. Filter manufacturers will color code or mark the label so that the type of filter within the cassette assembly is known to the user and the laboratory.

TEM filter is 0.45-micron.  PCM filter is 0.8-micron.

Let's get to some of the interesting items such as how the samples are taken and how many are required.  The AHERA TEM method is straightforward, it requires 5 samples inside the work area and 5 samples outside the work area that represent air entering the abatement site plus the blanks (as mentioned above) for a total of 13 samples.  These samples should run from 1 to less than 10 liters per minute (LPM) for a total volume of air greater than 1199 liters or greater (see Table 1 below for the recommended sampling volume range for this method, typically the volume range is between 1200 liters and 1800 liters).  It is interesting that the maximum flow rate is less than 10 LPM.  It would be interesting to find out how many in the industry actually sample at less than 10 LPM (i.e., 9.9 LPM versus 10 LPM).  Likely most of the industry merely samples at 10 LPM.  The statistical difference between 10 and 9.9 LPM, some regulators insist upon, is statistically insignificant and will affect method performance in no discernable manner.  Either way, this means your clearance samples will take a little over 2 hours to collect.  

In speaking with Mr. Tom Laubenthal, we learned at the time this method was developed it became known through the research involved that flow rates higher than 10 LPM could cause fibers to impact the MCE filters vertically and not horizontally to the filter surface.  This makes the sample analysis, counting, and identification, difficult and likely biased.  This is also the reason the method specifies a second MCE filter under the 0.45 µm sampling filter and the 5 µm diffuser. This additional filter is placed in this manner to attempt to create an even flow across the filter surface so that fibers impact the filter uniformly.  Since the fibers are lying flat on the filter this is the reason for turning the sample upright before interrupting the pump flow to ensure the fibers remain on the filter.

Sampling Cassette Configuration

In the AHERA TEM method, the clearance samples pass when the average concentration of the five samples inside the work area does not exceed 70 structures per square millimeter (s/mm2).  See AHERA at 763.90 (i) (3) for an optional clearance test based on the z-test which compares the outside and inside air samples.  This is rarely necessary.  But cases have occurred when contamination can exist in the air outside the work area that could cause a failure in the work area.

This TEM asbestos image is from the Centers for Disease Control (CDC) "Asbestos Fibers and Other Elongate Mineral Particles: State of the Science and Roadmap for Research"

The NIOSH 7400 method for final clearance is also interesting when it comes to how the sample is taken and how many are based on the project.  For schools, when PCM is allowed, it's 5 samples inside the work area.  What's interesting is that the clearance is based on each sample and each sample must be less than or equal to a limit of quantitation (LOQ) for PCM of 0.01 fibers per cubic centimeter (f/cc).  Well according to the NIOSH 7400 method how do you achieve clearance at that LOQ?  This concept of LOQ is not a concept understood by many that use the NIOSH 7400 method for all its purposes.  In the NIOSH 7400 method, this issue is addressed as follows in the section "Sampling", number 4 on page 4.  It utilizes the formula below to determine the amount of time needed to achieve the fiber density, E, for optimum filter loading.  So, the minimum density the method allows is 100 fibers per square millimete(mm2).  The Ac is the collection area for a 25-mm cassette which is 385 mm2.  The Q is the sampling flow rate in LPM, so let's say that is 16 (the maximum flow rate allowed by the method).  The L is the concentration of fibers in the air, we are looking to achieve clearance at 0.01 fibers/cubic centimeters (f/cc).  So if you plug these numbers into the formula you get a time of 240.6 minutes, which means the sample would have to run for a little over 4 hours at 16 liters per minute (total volume of air of 3,850 liters).

Realize that is running the sample at 16 LPM.  If your pump/flowmeter can only go to 15 LPM then you would have to run the sample for 256.7 minutes which is just short of 4 hours and 15 minutes.  The lower the flow rate, the longer time it will take to meet sample volume requirements. 

Airbox High-Performance Air Sampler

Many believe or have been misled to believe that PCM sampling is the same as TEM sampling in terms of sampling volume.  This is not the case.  A PCM sample volume meeting AHERA clearance requirements are not at 1200 liters.  To do so is outside of the NIOSH 7400 method requirements for this purpose.  In the NIOSH 7400 method, the issue regarding "relatively clean" environments" is addressed on page 4, number 4, note number 1 which states  "In relatively clean atmospheres, where targeted fiber concentrations are much less than 0.1 f/cc, use larger sample volumes (3000 to 10,000 liters) to achieve quantifiable loadings."  Even though the formula calculates that 3,850 liters of air should be collected, many people use note 1 to collect 3,000 liters of air for clearance.  Either way clearance samples should be collected using no less than 3,000 liters of air as the minimum allowed for the NIOSH 7400 method requirements and AHERA compliance. 

PCM image of fibers

The true problem is the NIOSH 7400 was never designed as a clearance tool, it was designed as a personal air sampling method.  NIOSH and the Occupational Health and Safety Administration (OSHA) still view the method in that manner officially.  The other problem with PCM is that all fibers meeting method criteria are counted, not just asbestos fibers.  The AHERA TEM method is the only procedure that was designed as a final clearance air sampling method. Only asbestos fibers/structures are counted in the analysis meeting method criteria for size, and those much smaller than can be determined by the PCM.

 

EPA's Silver Book

Realize this is not something out of the ordinary the EPA's publication "Measuring Airborne Asbestos Following An Abatement Action" (otherwise known as the Silver Book) written in November 1985 on page 2-6 recommends the sample volume for the PCM analysis should be a minimum of 3,000 liters of air (though at the time of this publication it was describing the NIOSH P&CAM 239 PCM methodology).  In addition, in March 2015 the EIA published a revision to the EPA's 1985 document "Guidance for Controlling Asbestos-Containing Materials in Buildings"(EPA 560/5-85-024, known as the Purple Book).  This nationally peer-reviewed document was re-titled "Managing Asbestos in Buildings: A Guide for Owners and Managers."  Chapter 5 (on page 88) says the minimum sampling volume of 3,000 liters of air for samples taken to meet the NIOSH 7400 method requirements for LOQ sampling.  Mr. Dana Brown did a video regarding the LOQ issue and why NIOSH 7400 method is not the best choice for clearance, you can see it below. 

This doesn't count that we have called for the AHERA TEM method to be utilized for asbestos-containing floor tiles and mastic removals based on our previous blog post "Asbestos Floor Tile Debate", published in the August 2017 issue of Healthy Indoors Magazine, which found that the NIOSH 7400 method is not able to analyze the type of fibers (Grade 7-Shorts and Floats that are known to be less than 5 microns) found in these materials because of the known small fiber sizes generated by floor tile work.  Whether AHERA-based work or asbestos abatement where re-occupancy will occur, the surest way to make sure an area is ready to be given back to the public to be free of asbestos as practicable by current methods, and the fastest method for clearance would be the AHERA TEM method.  

NYSDOL ICR56 Definition of an Asbestos Project

Of course, those of you who work in New York State or New York City realize these requirements only apply to public and private K-12 schools.  So they don't apply to other buildings, or do they?  First, let's take the NYSDOL ICR56 Subpart 56-4, page 35 is the air sampling requirements.  56-4.6 "Test Methods" on page 36 says "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."  This means that the NIOSH 7400 method must be followed for all phases except clearance (Phase IIC of the asbestos project) this allows you to use either the NIOSH 7400 method or the AHERA TEM method instead for clearance.  So this means you have to follow the NIOSH 7400 method's LOQ requirements for all phases (Phase I B and Phase II A, B, & C) of the asbestos project.  In addition, the NYSDOL ICR56 regulation for clearance is less than 0.01 f/cc so that changes the formula again.  Let's use 0.009 f/cc for the L instead and still use 16 liters per minute, well that means the sample has to run for 267 minutes, almost 4 hours, and 30 minutes (a total volume of air of 4,278 liters).

The consummate leader cultivates the moral law, and strictly adheres to method and discipline; thus it is in his power to control success. ~ Sun Tzu


So why does everyone sample 1,200 liters of air for all samples?  On April 8, 2011, the New York State Department of Health (NYSDOH) Wadsworth Center issued frequently asked questions (FAQs) regarding asbestos/fibers analysis that were developed through the collaboration of the NYSDOH Environmental Laboratory Approval Program (ELAP) and the Bureau of Occupational Health and the NYSDOL.  In this FAQ is FAQ#13: What is the minimum sampling volume to be collected for air sampling associated with (a) post-abatement (clearance) air monitoring and (b) post-abatement area monitoring for PCM analysis?  The answer that was given was:  Within the upcoming revision to NYS Industrial Code Rule 56, minimum air sample volume requirements 
are being added for both background and clearance PCM air samples. The minimum volume will be 1,200 liters for all background and clearance PCM air samples collected.  Hopefully, you all see the problem here...the code rule has not been revised to include this requirement, and even if it did change this is a minimum volume of air and does not comply with the NIOSH 7400 method requirement.

Buy our Asbestos Air Sampling Chart here.
Read about our Asbestos Air Sampling Charts here.

Next up is the NYCDEP Title 15NYCDEP Title 15 was just updated on May 28th, 2022.  See our blog post "New York City's Asbestos Regulation Revised, Again!" for more information on the changes.  However, these changes did not make any significant changes to what we are discussing.  Under Subpart D, 1-37 (b) "Area air sampling equipment for PCM shall be utilized in accordance with the sampling procedures specified within the NIOSH 7400 Method modified for area sampling."  Again, it means you must follow the LOQ requirements in the NIOSH 7400 method, even though NYCDEP Title 15 does give you minimum sample volumes.  For clearance by NIOSH 7400 method, it's 1800 liters and for the AHERA TEM method, it's 1250 liters.  Remember these are minimums.  In addition, NYCDEP Title 15 limits the flow rate to a maximum of 15 liters per minute.  This means to achieve the LOQ requirement it would take 256.7 minutes which is just short of 4 hours and 15 minutes (total volume of air of 3,850 liters).  The NYCDEP Title 15 minimum volume would not meet the LOQ requirements in the NIOSH 7400 method.  We hope this post has helped to resolve those pesky questions regarding clearance and convince you that probably the best air sampling method for clearance is the AHERA TEM method! 


Saturday, July 09, 2022

AHERA Bulk Sampling Rules and Other Requirements that Apply to Asbestos Surveys.

In 2008, the Environmental Protection Agency (EPA) responded to a question by the New York State Department of Labor (NYSDOL) regarding the minimum number of bulk samples required for suspect asbestos-containing miscellaneous materials (see our blog post dated 6/24/08 and rebooted 07/09/22). This clarification determined that the minimum number of samples is two (2) samples for each suspect homogeneous miscellaneous materials.  This clarification was determined based on a review of the EPA's Asbestos Hazard Emergency Response Act (AHERA) section 763.86 -Sampling. This section of the AHERA regulation is used by asbestos inspectors to determine the number of samples to take for each homogeneous area.  However, it is important to remember when sampling joint compound and add-on material (which are miscellaneous materials) that EPA's "Sampling Bulletin 093094", requires 3 samples per homogeneous area for joint compound and 3 samples per homogeneous area of add-on material.
The core of all asbestos inspections is the determination of the type of material (surfacing material, thermal system insulation, or miscellaneous material) and whether the materials are homogeneous. A homogeneous area is defined as a type of material that is uniform in color and texture (as per 763.83). Once the type of material is determined and the material is classified as a homogeneous area, then the number of samples for each area is determined.
If the suspect asbestos material is a surfacing material, the square feet of the homogeneous area is determined which provides the inspector with the minimum number of samples that shall be taken. If the homogeneous area is less than 1,000 square feet, the inspector shall take 3 samples. If the area is between 1,000 and 5,000 square feet, the inspector shall take 5 samples. When the area is over 5,000 square feet, the inspector shall take 7 samples. This is sometimes known in the industry as the 3-5-7 rule.  In addition, EPA also published "Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials," otherwise known as the "Pink Book."  This document not only describes the process for random sampling but also recommends that for surfacing materials the number of samples should be 9 per homogeneous area no matter the number of square feet.
Should the suspect asbestos material be classified as thermal system insulation then the inspector must determine if the material is a homogeneous area, a patch material, or a cement or plaster used on fittings (tees, elbows, or valves). Homogeneous areas of thermal system insulations shall require 3 samples, while each homogeneous area of patch material less than 6 linear feet or 6 square feet shall require only 1 sample. Cement or plaster used on fittings shall be sampled based on each insulated mechanical system (hot water, cold water, steam, chilled water, etc.) and shall require a minimum of 2 samples to  be taken.  In addition, EPA strongly recommends that at least three samples be taken in large homogeneous areas, even when the regulations do not require it.  This recommendation was published in EPA's 700/B-92/001 A Guide To Performing Reinspections Under AHERA.
Some general rules to remember when taking bulk samples is sampling should be taken in a randomly distributed manner, samples cannot be composited, and shall be submitted to laboratories accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) and, in New York State, approved New York State Department of Health Environmental Laboratory Approval Program (NYSDOH ELAP).  Asbestos Inspectors determine a homogeneous area contains asbestos when one of the required numbers of samples contains asbestos in the amount greater than 1%. Should all the required samples taken in a homogeneous area result in asbestos amounts less than or equal to 1%, then the area does not contain asbestos as per EPA. However, you must make sure your client is aware that under the Occupational Safety and Health Administration (OSHA) regulation 1926.1101 these materials are still regulated as asbestos and there are specific requirements under the OSHA regulation on handling these materials, see OSHA's standard interpretation letter dated November 24, 2003.  
As Asbestos Inspectors we should also remember that the American Society of Testing and Materials (ASTM) has a Standard Practice for Comprehensive Asbestos Survey ASTM E2356-18.  This standard practice has also been approved by EPA as the method for performing asbestos surveys for the purposes of complying with the National Emissions Standards for Hazardous Air Pollutants (NESHAPS) regulation.  That regulation requires a "thorough inspection" of the facility for asbestos and EPA expects an owner/operator to follow the steps described in Sections 1 through 5 and section 8 (the pre-construction survey) in the ASTM standard.  Being an Asbestos Inspector and performing an asbestos survey is not an easy task.  There are a lot of different documents that you have to have knowledge about to be able to perform your task and then on top of that you must have knowledge regarding where asbestos was used in building materials.

EPA Clarifies Miscellaneous Materials Sampling - RePublished

Over the past several months in the asbestos refresher classes, we have been talking about the clarification letter that the Professional Abatement Contractors of New York (PACNY) sent to all asbestos contractors and consultants back in November 2007. This letter detailed clarification from the Environmental Protection Agency (EPA) under the Asbestos Hazard Emergency Response Act (AHERA) regulation to a question from Mr. Christopher Alonge of the New York State Department of Labor (NYSDOL) regarding the minimum number of samples that should be taken for miscellaneous materials. According to this clarification (follow the link above for the PACNY letter and clarification), the minimum number of samples that should be taken of miscellaneous materials (i.e., floor tiles, roofing, caulk, ceiling tiles) is two. The original AHERA section covering sampling of miscellaneous materials indicates that the word used in this part of the regulation is "samples" indicating more than one.

Realize this is only an issue if you took one sample of let's say floor tiles, and based on the result (remember floor tiles are analyzed utilizing the nonfriable organically bound material method of analysis, requiring final negative results to be analyzed by Transmission Electron Microscopy (TEM)) you said the floor tiles did not contain asbestos. The EPA clarification says that you needed another negative sample result to say the floor tiles did not contain asbestos. This issue obviously does not impact those of you who have been following our recommended procedure of taking at least three samples per homogeneous miscellaneous material. If you followed our recommendation you would have three negative results before declaring a miscellaneous material not asbestos-containing and would be in compliance with the clarification and the original regulation.

Friday, April 29, 2022

Worker's Memorial Day, Honoring Those Who Died On The Job. What About Those Who Died Because of Their Job?

Worker’s Memorial Day is dedicated to those who lost their lives on the job. Every year, on April 28, people across the country and around the world pay their respects to the thousands killed each year on the job and the millions more who suffer serious occupational injuries and illnesses on the job and recognize the impact these tragic losses have on families, co-workers, and communities.  According to Wikipedia, in 1989 the AFL-CIO declared April 28 Worker's Memorial Day.  April 28 is the day the Occupational Safety and Health Act of 1970, went into effect and the day the Occupational Safety and Health Administration (OSHA) was formed in 1971.  In 1991, the Canadian parliament passed an Act respecting a National Day of Mourning for persons killed or injured in the workplace, making April 28 an official Workers' Mourning Day.  In 2001 the International Labour Organization (ILO), part of the United Nations (UN), recognized Workers' Memorial Day and declared it World Day for Safety and Health at Work, and in 2002 the ILO announced that April 28 should be an official day in the UN system.

According to ADAO, over 10,000 people are dying from asbestos exposure each year! 

As we see all the events held and all the statements made this day one theme seems to repeat over and over, workplace injuries and illnesses remain unacceptably high, especially the ones that happen now!  Every theme is to reduce injuries, but very few if any mention the biggest killer occupational disease.  The Center for Construction Research and Training (CPWR) is one of the few organizations that even discusses occupational disease.  But don't look for asbestos exposure on that website, for example, the construction worker exposure control database that they manage only lists silica, noise, welding fumes, and lead.  What about asbestos, mercury, or polychlorinated biphenyls?  But you can find oodles of information on falls.  Let's look at OSHA and how they handle occupational diseases.  They are the prime regulatory agency for occupational diseases.  Secretary of Labor Marty Walsh, OSHA is one of the agencies under the Department of Labor, yesterday issued a statement on Workers Memorial Day it is much longer than the following excerpt, but this statement and what it, and the whole statement, is lacking makes my point:

 “In the past year, nearly 5,000 workers left home for work and did not return. None knew that going to work would cost them their lives. While each life lost is a tragedy, those taken in incidents that might have been prevented – had their employers followed required safety and health standards – are especially painful for their families, their co-workers and friends, and their communities."

No recognition for workers who died from their job, but died after they were no longer working, though in Secretary of Labor Marty Walsh's video presentation he mentions his father being exposed to asbestos and having lung problems. Even in the Department of Labor's video on the Worker Memorial Day Program, only Assistant Secretary for Labor Chris Williamson the director of the Mine Safety and Health Administration (MSHA) even mentions occupational diseases when he mentions silica. 


While in the United Kingdom (UK) a new permanent memorial commemorating the lives of all the people who died as a result of exposure to asbestos has been unveiled in Barking and Dagenham at a special remembrance ceremony yesterday on International Workers Memorial Day.  The AFL-CIO annually releases a report "Death on the Job: The Toll of Neglect" that details the current state of safety and health protections for America’s workers. The 31st edition of the report states:

"Workplace hazards kill and disable approximately 125,000 workers each year—4,764 from traumatic injuries, and an estimated 120,000 from occupational diseases. Job injury and illness numbers continue to be severe undercounts of the real problem."

This report indicates that occupational diseases are 24 times more likely to occur than traumatic injuries!  Realize we are not saying safety is not important, but considering asbestos, silica, and welding fume exposures are still going on, just to name a few what is being done for these workers!  On May 2-6, 2022 OSHA will sponsor a National Safety Stand-Down to Prevent Falls in Construction Fatalities caused by falls from elevation continue to be a leading cause of death for construction employees, accounting for 351 of the 1,008 construction fatalities recorded in 2020 (BLS data).  If occupational diseases are typically 24 times more likely, then we would argue that falls are not the leading cause of death in construction.  Why is there no stand-down day for these occupational diseases?  Except for heat illness or noise, there are no stand-down days for the rest of the occupational diseases.  According to  OSHA's statistics, from October 2020 to September 2021 OSHA performed 15 inspections related to the construction asbestos standard (1926.1101) for 80 citations while for the same period OSHA performed 5,325 inspections with 5,463 citations for the duty to have fall protection in the construction industry (1926.501).   

Linda Reinstein of ADAO and Angelo Garcia, III of FED at the PACNY Environmental Conference

There is one bright cloud regarding recognizing those workers who die related to asbestos exposure but because they died after their retirement.  The Asbestos Disease Awareness Organization (ADAO) is the largest independent asbestos victims’ organization in the United States. Founded in 2004 to give asbestos victims and concerned citizens a united voice, to raise public awareness about the dangers of asbestos exposure, and to work towards a global asbestos ban.  The ADAO sponsors an annual International Conference on Asbestos Awareness and Prevention, and has annually (this year is the 17th) lobbied the U.S. Senate to pass a resolution to designate April 1- 7 as "National Asbestos Awareness Week", which coincides with "Global Asbestos Awareness Week".  Linda Reinstein is one of the founding members of ADAO and has told her story regarding Alan's, her husband, exposure to asbestos.  It's these stories that don't make it into the injury and illness statistics.  These stories are the ones that are being left out on Worker's Memorial Day and we must do better!


 

Wednesday, August 11, 2021

Current Asbestos & Mold Hard Cards Required for Asbestos & Mold Projects! Fast Track Variances on Pause and New Asbestos Attachments for New York City DEP!

New York State Department of Labor (NYSDOL) as of July 31, 2021, is requiring current asbestos and mold hard cards for asbestos and mold projects.  Their latest automatic response email claims to be turning around asbestos hard cards in five (5) weeks and licenses in three (3) weeks.  That same NYSDOL email says they are turning around mold licenses in three (3) weeks.  So it seems the NYSDOL's license and certification unit is back to normal.  On the other hand, the New York City Department of Environmental Protection (NYCDEP) is allowing workers whose hard card expired on March 15, 2020, or later to continue to work using their existing card until August 31, 2021.  See NYCDEP's Extension of Asbestos Certification Deadline website for more information.  In addition, NYCDEP has reinstated the examinations for asbestos as of April 21, 2021. 

Asbestos Company License and Worker (hard card) Certificate

In our blogpost in February 2021, we discussed that NYSDOL's Engineering Services Unit (ESU) came out with 10 Fast Track Variances and that this was a pilot program.  On Thursday, July 22, 2021, the Professional Abatement Contractors of New York (PACNY) were notified by NYSDOL's ESU that they were shutting down the Fast Track Variance Program.  The following is quoted from the NYSDOL email to PACNY:

"As the results of an increasing number of questions concerning relief granted by some Fast Track Variances (FTVs), ESU has decided to temporarily stop the FTV program.  ESU will go back and review each FTV to ensure that the relief granted, and conditions listed in the FTV are consistent with ICR 56 and appliable Federal requirements.  ESU will also try to better define when and how each FTV can be utilized. There seems to be some confusion about how some FTV’s are to be used.  When ESU completes its review of an FTV, we will reissue that FTV for use moving forward.  It is ESU’s hope that this review will not take long. In the meantime, site-specific variances should be applied for as usual via email to me and cc: Edward.Smith@labor.ny.gov"

So it seems if you want an FTV, you will have to apply and wait the time it takes to approve site-specific variances (anywhere from 3-6 weeks).

Asbestos Inspector Initial Class

Meanwhile, NYCDEP Asbestos Program has issued two new attachments (NYCDEP's version of FTVs).  They include Attachment CS which is the "Requirements for the Abatement of In-Place ACM with or without ACM Debris in Crawl Spaces/Cellars with Concrete (Non-Soil) Floors Under Modified Containment (without plastic on the walls)" and Attachment CRS which is the "Requirements for the Abatement of Contaminated Soil with or without ACM Debris and/or Inplace Removal of ACM in Crawl Spaces/Cellars with Soil Floors Under Modified Containment (without plastic on the walls)".  Both of these attachments can be found on our website under our resources page under FED Training CD-Dropbox Folder.  In addition, we recently heard the NYCDEP was issuing violations for improper labeling of cassettes and sampling pumps not properly labeled.  It certainly seems NYCDEP has not changed its tactics of issuing fines for nonsense items versus making sure the actual work is being done correctly.  If you are a reader of this blog make sure you get credit for being a reader and enter the discount code FEDTCBLOG15 to get a 15% discount on our published course prices.

Monday, February 01, 2021

NYSDOL and NYCDEP Provide Guidance for Asbestos Project Designers Applying for Variances!

In our blogpost "PACNY's Environmental Conference Day Three - A NYSDOL Surprises with Fast Track Variances!"  we discussed the New York State Department of Labor's (NYSDOL) Engineering Services Unit (ESU) announcement at last year's Professional Abatement Contractors of New York's (PACNY's) 2020 Environmental Conference, of a pilot program for certain site-specific variances.  These new variances are called Fast Track Variances.  These are variances that the ESU has been issuing regularly and don't really change each time an asbestos project designer requests them.  ESU has created 10 Fast Track Variances and may create more in the future.

NYSDOL ESU's Ed Smyth discussing variances at PACNY

In addition, the New York City Department of Environmental Protection (NYCDEP) has released a service notice regarding the filing of an ACP-9 variance request "Variance (ACP-9) Filing Instructions".  The service notice gives instructions on the information that must be provided in applying for a variance from NYCDEP.  Required documents for NYCDEP include the building authorization letter; the ACP-9 form including fee ($300-$1,800); and the proposed method of work (variance proposal) and layout drawing.  NYCDEP also has the equivalent of Fast Track Variances which they call Attachments (there are 13 of them).  Visit Future Environment Designs Training Center's (FEDTC's) dropbox folder to access them.   

NYCDEP Attachment D & DI are regarding remote decons and decons inside the work area.

The process for getting a Fast Track Variance from NYSDOL ESU for all intents and purposes is the same for getting a site-specific variance.  You will still need a licensed and certified project designer to sign and complete the SH 752 application.  The application must be completed fully including the hardship.  One difference is no information about the work plan should be included in the SH 752 application.  The variance fee is still $350.  In section 9, Industrial Code Rule 56 (ICR56) Relief Sought, of the SH 752 application the designer must enter the Fast Track Variance number they are seeking.  There are 10 Fast Track Variances:

Available Fast-Track Variances
FTV NumberFTV Name
FTV-1Negative Air Shutdown
FTV-2Exhausting to An Interior Space
FTV-3Elevator Door Removal
FTV-4Fire Door Removal
FTV-5Crawlspace with Dirt Floor
FTV-6Intact Component Removal
FTV-7Buried Cementitious (e.g. Transite) Pipe
FTV-8HEPA Drilling Spot Removal
FTV-9Air Sampling at Elevated Exhaust Duct Locations
FTV-10Controlled Demolition with Non-Friable in Place

As you can see each variance deals with very specific situations.  We summarize these specific situations below:  
  • Fast Track Variance-1 (FTV-1) is about shutting down the negative air units overnight.  The negative air units must run a minimum of 30 minutes after completion of all abatement/cleaning activity for the day and must run 30 minutes after the manometer achieves a negative 0.02 water pressure differential before entering the work area the next day. 
  • FTV-2 is about exhausting negative air machines to an interior space.  The variance requires air monitoring of each negative air exhaust (no banking allowed) and must be exhausted into an existing, vacant room or an area within a larger space isolated, consistent with vacate, restrict entry, & post signs (ICR56-7.4) by barrier tape and warning signs.  The location must be adequately sized to accommodate the increase in positive pressure to the area.  All openings within 25 feet of the negative air machine exhaust must be sealed with two layers of 6 mil fire retardant poly.  The variance includes a process for elevated air monitoring results. 
  • FTV-3 is about the removal of ACM filled elevator doors intact without impact to the matrix during removal operations.  Project monitor required, elevator technician involved with door removal must be allied trades certified, no waiting periods, air samples 10 feet from the barriers, and inside the work area.  The most recent final air sample results are the clearance results if they meet the clearance standard.
  • FTV-4 is about the removal of ACM filled fire doors intact without impact to the matrix during removal operations.  Not surprisingly this variance seems exactly the same as FTV-3 without the elevator technician.
  • FTV-5 is about the removal of pipe insulation and dirt in a crawl space.  The variance requires attached large project personal and waste decontamination unit but allows, if space limitations, for a small project personal and waste combination decontamination unit in accordance with ICR56-7.5 (c) & 56-7.5(e9).  If no public access, it allows 2-layer six-mil fire retardant plastic sheeting in lieu of hardwall barriers.  8 air changes per hour required.  Glovebags without tents allowed.  Soil removal as per American Society Testing and Materials (ASTM) 1368 (latest edition), Section 9.1.1-9.1.5 inspection criteria.  It is interesting to note that the requirement does not include 9.1.6 & 9.1.7 of the standard.  9.1.6 uses a personal sampler on the project monitor during the visual inspection as a representative indication of fiber exposure for re-occupancy and 9.1.7 discusses soil sampling in accordance with ASTM test method D7521.  In addition, to the regular air sampling for an asbestos project, air sampling inside the work area is required for the entire work shift based on the size of the project (i.e. 1-minor, 3-small, 5-large).  The project requires a prep waiting (4-hours) and a final drying/settling period (8-hour).  Clearance is based on the most recent daily abatement air samples collected during cleaning operations.
  • FTV-6 is the intact removal of nonfriable ACM components.  The variance allows removal inside of tents or removal as part of a larger work area.  Removal without tents requires critical barriers and dropcloths.   Background sampling and a pre-abatement waiting period are not required.  Power tools require manufacturer equipped shroud and HEPA-vacuum.  Daily inside work area samples (i.e. 1-minor, 3-small, 5-large) required in addition to the regular during abatement samples.  The most recent daily samples will be used to compare to the clearance criteria after the visual inspection by the project monitor.  There is only one drying/settling period, time is based on the item being removed can be either 4- or 2-hours. 
  • FTV-7 is for the removal of non-friable ACM transite piping from below ground.  One of the requirements is the regulated area, decontamination units, airlocks, and dumpster area shall be cordoned off at a distance of 25 feet, if not then a daily abatement air sample shall be collected in the reduced barrier.  In addition, even if you do the 25 feet condoning off, the variance requires air sampling taken on opposites of the work area at the perimeter barriers.  Extending those barriers.  In our opinion, this requirement by itself seems onerous.  We realize not all projects are in a roadway but for those projects that are this means closing the roadway or closing a few lanes or setting up a sample in the middle of the road which means your shutting that road anyway.  Meaning these projects will probably require flaggers to control the traffic around these barriers.  The variance allows the equipment operator to be allied trades (see our blogpost regarding the difference between allied trades and operations & maintenance) as long as they only excavate the soil to within 6 inches of the buried pipe and lifting the section out of the trench using nylon slings.  Requires a negative pressure tent if sawing or other methods that would render the piping friable.  Requires project monitor visual inspection to complete the project.
  • FTV-8 is HEPA-drilling to allow for the installations of building system upgrades into ACM joint compound/drywall wall and ceiling.  Requires dropcloth decontamination area and dropcloth under each drilling/cutting location.  Power tools require a shroud and HEPA vacuum.  Requires wet methods (allows shaving cream or foam as a wet method).  Supervisor visual inspection as per minor projects.
  • FTV-9 is air sampling of elevated exhaust duct locations.  Basically, if the negative air exhaust ducts are exhausting at a height above ground where air sampling of the exhaust is not possible, that is this variance.  We find this an interesting variance in that most consultants that work on high-rise buildings throughout the state should be applying for this variance. 
  • FTV-10 is controlled demolition with nonfriables to remain.  Requires a full-time project monitor on-site and the individual will have a number of specific requirements.  One of the most interesting requirements of the variance is the requirement that the Environmental Protection Agency (EPA) Document 340/1-92-013 "EPA Guide to Normal Demolition Practices Under the Asbestos NESHAP" be consulted by the petitioner to anticipate demolition methods will cause Regulated Asbestos Containing Materials (RACM) to be created.  This EPA document published in 1992 is an excellent source of information from EPA about various demolition practices and whether those practices will cause a category I or II nonfriable asbestos-containing material to become a RACM.  Air sampling for the variance includes the usual large project requirements for air sampling plus air sampling upwind and downwind of the work area.  Soil/Earth/Dirt cleanup has to meet the ASTM 1368, Sections 9.1.1-9.1.5 inspection criteria.

Tuesday, March 31, 2020

Proficiency Day - Day One of PACNY's 24th Annual Environmental Conference!

Every year we look forward to the Professional Abatement Contractors of New York's (PACNY's) Environmental Conference.  This year was no exception considering it was the 24th annual.  The conference started on Wednesday, February 26, 2020, with Proficiency Day and Mr. Angelo Garcia, III of Future Environment Designs, Inc., (FEDTC) who had the honor this year of starting off the conference.  Proficiency Day this year focused on asbestos contamination assessment that was suggested by Mr. James Meacham, PE, of New York State Department of Labor (NYSDOL) and we greatly appreciated his agreeing to also do a presentation on the topic.  In addition, we were able to convince Mr. Bart Gallagher, of Enviroscience Consultants, Inc., to do a case study presentation on the contamination assessment involved with the Long Island dumping cases.  For the second year in a row, proficiency day provided 3 PDH for professional engineers, architects, & other certifications.

Poll Everywhere Result

Angelo Garcia, III's presentation focused on the regulatory requirements or the lack of regulatory requirements of asbestos contamination assessments. The presentation also included polling of the audience using Poll Everywhere.  The basic points of the presentation were that most of the information we use regarding contamination assessments come from the Guidance Document which was a frequently asked questions document created by NYSDOL as a supplement to NYSDOL Industrial Code Rule 56 - Asbestos Regulation and the collection of dust and debris samples is very tricky, and the most important thing is how do you interpret the results?


Mr. James Meacham, P.E. discussing Contamination Assessments
 James Meacham's presentation focused on some of the issues NYSDOL has been seeing regarding contamination assessments.  He discussed the assessment tools such as using your eyes, documentation, bulk sampling, air sampling, wipe sampling, micro-vacuum sampling, and tape lifts.  What do the results mean using these assessment tools and does it need to be zero?  Well maybe not.  Clean air under state law is less than 0.01 fibers per cubic centimeters of air (that's not zero).  Mr. Meacham also discussed debris pile assessment and the need for the inspector to visually inspect the debris for suspect asbestos-containing materials (ACM) and determine if representative sampling is feasible and can be done safely.  The presentation included a draft decision tree for debris assessment.

Bart Gallagher discussing the Case Study
After a short break, Bart Gallagher's presentation was on the contamination assessment that was done for the Long Island dumping case.  Mr. Gallagher's presentation went into the different causes of damage such as environmental causes or ignorance, carelessness, and neglect.  Criminal actions are rare...but are committed.  The specific points of the Long Island dumping case were that soil borings were done with Geoprobe and split-spoon sampling to test for volatile organic compounds (VOCs), semi-VOCs, metals, polychlorinated biphenyls (PCBs) and pesticides.  Test trenches were more effective for finding ACM than the Geoprobe.  The variance application to NYSDOL was similar to 56-11.5 controlled demolition with machine excavation and loading into lined trucks/roll-offs, decontamination area for equipment, proper disposal, and project monitoring and air sampling.

"Remember I'm not in the book"
The first day then continued later that evening with the PACNY President's (Timothy Thomas, of Tetra Tech) reception which included drinks and appetizers and a lot of networking.  Some of the above presentations are available in our dropbox folder under conference presentations (2020PACNY presentations) or you can also find them at PACNY's website.  The first day went extremely well and did a great job warming everyone up for the conference yet to come!



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