Update of Dust and Debris Sampling in New York State: What Asbestos Inspectors Need to Know

On July 16, 2016, we blogged about "Asbestos Dust Sampling in New York State," since that post had over 1,550 views and will be ten years old this year.  We thought we should update the post.  In addition, we were honored to be asked by Dr. Martin Rutstein to join him and Mr. Marc Rutstein in presenting at the 2026 Professional Abatement Contractors of New York (PACNY) 29th Annual Environmental Conference.  Our presentation is titled "Asbestos in Settled Dust - Is it a Valid Method in a Consultant's Toolbox?"  We look forward to seeing you at the conference and discussing this issue.  This issue is typically discussed in our asbestos inspector and designer classes, so many of you already know some of the issues.  These discussions are necessary because this is an area where misunderstandings, improper sampling, and incorrect laboratory analysis can lead to serious regulatory, financial, and legal consequences for building owners, contractors, and consultants alike (Dr. Martin Rutstein & Marc Rutstein will be discussing recent case histories).

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Under New York State Department of Labor (NYSDOL) Industrial Code Rule 56, dust and debris are specifically identified as suspect miscellaneous asbestos-containing materials (ACM).  This means that any debris or dust that is visually assessed by an asbestos inspector must be treated and handled as ACM and assumed to be asbestos-containing until bulk sampling and analysis demonstrate otherwise.  The inevitable question that follows is a practical one: How do you collect bulk samples of debris and dust?

Scrape Sampling and NYSDOH ELAP Method 198.1

The most straightforward method is to physically collect the debris or dust by scraping it into an asbestos sample bag using a knife, scraper, or business card.  This collected material can then be submitted for analysis using the New York State Department of Health (NYSDOH) Environmental Laboratory Accreditation Program (ELAP) Method 198.1.

Sampling Tools - Tweezers are one of my favorites

The ELAP Method 198.1 is the standard polarized light microscopy (PLM) method, which utilizes dispersion staining and point counting.  When performed correctly by an ELAP-accredited laboratory, this method provides results in percent by weight (%), which allows the inspector to compare findings directly to the U.S. Environmental Protection Agency’s (EPA) definition of ACM - greater than 1% asbestos by weight.  We also have to take into account that the Occupational Safety and Health Administration (OSHA) regulates materials that are 1% or less (see the Varga Letter in the FED Training Library).

Microvacuum Sampling and ASTM D5755

Another commonly used collection method is described in American Society of Testing and Materials (ASTM) D5755, Microvacuum Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy for Asbestos Structure Number Concentrations. Note that the method has been withdrawn because of an administrative lapse and should be republished by the Fall of 2026.  This method involves vacuuming a known surface area—100 square centimeters is referenced in the standard, though the area may be larger or smaller depending on conditions.  The standard recommends that multiple independent samples are secured from the same area, and that a minimum of three samplesbe analyzed by the entire procedure.

The sample cassette and the nozzle must be submitted

Sampling is conducted using a standard 25- or 37-millimeter air sampling cassette equipped with either a mixed cellulose ester (MCE) or polycarbonate (PC) filter membrane with a pore size of 0.8 microns or smaller.  A plastic tube is attached to the inlet orifice to act as a nozzle and is cut at a 45-degree angle transverse to the sampling area of visible dust, avoiding particles > 1 millimeter.  Do not scrape the surface.  The air sampling pump is calibrated to operate at 2 liters per minute.  The sample cassette and the plastic tube (nozzle) must be submitted for analysis.

Nozzle example

While ASTM D5755 includes its own analytical method, this is where inspectors working in New York State must proceed with caution.  On April 8, 2011, NYSDOH published a document called "New York State Asbestos/Fibers - Frequently Asked Questions" (see the FAQ in the FED Training Library). According to NYSDOH ELAP Frequently Asked Questions (FAQ) No. 8, all bulk samples collected must be analyzed using ELAP-approved methodologies at an ELAP-accredited laboratory.  ASTM D5755 is not an ELAP-approved method of analysis.  Therefore, when transmission electron microscopy (TEM) is desired, the required analytical method in NYS is ELAP Method 198.4.

Wipe Sampling and ASTM D6480

ASTM D6480, Standard Test Method for Wipe Sampling of Surfaces, Indirect Preparation, and Analysis for Asbestos Structure Number Concentration by Transmission Electron Microscopy, is another method used to collect dust and debris.  This approach involves wiping a known surface area - again, typically 100 square centimeters - with a particle-free, sealed-edge, continuous filament cloth, such as a cleanroom wipe with 50/50 alcohol/water (no ghost wipes or baby wipes).  Multiple passes, first horizontal, then vertical, then hit the corners. Record the area sampled.  Like D5755, this standard recommends that multiple independent samples be secured from the same area, and that a minimum of three samples be analyzed by the entire procedure.

Cleanroom wipes

As with D5755, ASTM D6480 also includes an analytical method that is not approved under NYSDOH ELAP.  For NYS compliance, samples collected via these methods must be analyzed using the ELAP Method 198.4.

The Analysis Matters More Than the Collection Method

This is where many inspectors encounter problems. NYS ELAP-approved laboratories should be advising inspectors that ASTM analytical methods cannot be used for regulatory determinations in New York State.  Unfortunately, we have seen numerous instances where this guidance was not provided or ignored.

Transmission Electron Microscope

The result is that inspectors receive data reported as asbestos structures per square centimeter.  While this may be useful for certain research or exposure characterization purposes, there is no federal or state regulatory standard that allows these results to be compared to a threshold for determining whether a material is asbestos-containing.

Despite this, some parties have used these results to declare areas contaminated or to classify dust and debris as ACM.  In several cases, this has led to building owners incurring cleanup costs in the thousands - or even millions - of dollars, based on analyses that cannot be tied to regulatory definitions.

It is also worth noting that ASTM itself acknowledges these limitations.  In the Significance and Use section of its standards, ASTM clearly states that these test methods do not establish building safety, habitability, or regulatory compliance, and that a direct relationship between surface asbestos measurements and human exposure does not currently exist.

Experience, Knowledge, and Regulatory Awareness Are Critical

When using ASTM collection methods for dust and debris, asbestos inspectors must be extremely careful - both in how samples are collected and, more importantly, in how results are interpreted and communicated.  Understanding NYS regulatory requirements, approved analytical methodologies, and the limitations of various testing approaches is essential.

Asbestos Inspector Initial Class

As with many aspects of asbestos inspections, experience and knowledge are key. Proper sampling, appropriate analysis, and accurate interpretation protect not only inspectors and their clients but also the credibility of our profession.

Proficiency Day Awards Architects & Engineers 3 Professional Development Hours - PACNY's 23rd Annual Environmental Conference - Day One

This year's Proficiency Day of the Professional Abatement Contractors of New York's (PACNY's) 23rd Annual Environmental Conference was approved to award three (3) professional development hours (PDH) for architects and engineers.  This was the first time the first day of the conference was recognized for this purpose.  The first day is typically short with two or three presenters allowing us to get the presentations to the Practicing Institute of Engineers for their review.  Attendees had to sign the attendance sheet and attend the presentations to receive the 3 PDHs.  Ms. Lisa Brown, Executive Secretary of PACNY sent out the certificates to those that attended the presentations.

Karen Cummings, MPH presenting on the Asbestos Safety Training Program

Starting the conference and the proficiency day was Ms. Karen Cummings, MPH presenting on the Asbestos Safety Training Program  "Overview and Updates".  Her presentation gave us insights into the asbestos training industry.  For a copy of her presentation visit our Dropbox folder on the Resources page of our website.  Ms. Cummings has been the Director of the New York State Department of Health's Asbestos Safety Training Program for just over a year and has been getting to know the program.  Her presentation gave asbestos training providers, an important opportunity to meet with her and her staff (Ms. Jessica Pierce, reviewer of training submittals, and Ms. Ida Berry, many of us have met her when she has audited our training courses, were both in attendance).  Her department in 2018 regulated 62 training providers that provided 26,251 training certificates.  Her presentation included several graphics providing us with a glimpse of the NYS asbestos training industry.  The high water mark for training was 2000 when approximately 3,838 training classes (refreshers and initials total) were held (in 2018, 3,401 training classes were held).  Ms. Cummings also informed us that the high water mark for training certificates was 2013 with 29,130 certificates issued.  We learned that the busy season for training providers runs from January to April with over a third of all classes being held in that time period.  Some other interesting points from Ms. Cumming's presentation: 15% of providers (training providers holding 100+ classes per year) taught over half the classes and issued two-thirds of the certificates; average exam scores by discipline were typically higher for refresher classes than initial classes (not surprising) except for the air sample technician discipline (surprising).

Angelo Garcia, III, CIEC, CEOP, presenting on Asbestos Inspections & NYCDEP Changes

The next presentation was a "Review of Asbestos Inspection Requirements" presented by Mr. Angelo Garcia, III, CIEC, CEOP, of Future Environment Designs with significant assistance from Mr. Peter Delucia and Mr. Greg Mance, both from AAC Contracting.  Mr. Delucia worked on the content and did the polling of the audience, while Mr. Mance assisted with the content and questions to the audience.   Our group effort paid off with a well-received presentation that provided the audience with interactivity and information on the various requirements for performing asbestos inspections.  This presentation can also be found in the Dropbox folder.

The final presentation was "New York City Title 15 Amendments" also presented by Mr. Angelo Garcia, III, CIEC, CEOP, and again this presentation can be found in the Dropbox folder.  This presentation was on the recent changes to the New York City Department of Environmental Protection's (NYC DEP's) Title 15 Asbestos Regulation (formerly known as Local Law 76).  These changes were made because of the arrest of 17 NYC asbestos investigators (see the above video on the press conference on the arrests) and the recommendations of the New York City Department of Investigations (NYC DOI).   These changes included additional requirements for NYC Asbestos Investigators and some changes to other parts of the asbestos regulations.  See our previous blog post on these new requirements.

TS Steakhouse Waitress making the "Gotham"

Overall it was a good start to the three-day conference.  Of course, what is a PACNY conference without snow?  It was snowing by the end of the presentations.  Though it did not seem to deter people from attending the President's Reception that evening or prevent us from getting the Gotham at the TS Steakhouse.  Stay tuned for Days Two & Three!

Related Articles:

• NYCDEP Asbestos Rule Amendment Goes Into Effect January 6, 2019
• Countdown to PACNY's 23rd Annual Environmental Conference Begins!