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

Wednesday, May 03, 2023

PACNY's 26th Annual Environmental Conference - NYSDOL Entertains on the First Day and Then Drops a Bombshell on Second Day! - Part One.

Future Environment Designs Training Center (FEDTC) was a Sapphire Sponsor for the Professional Abatement Contractors of New York's (PACNY's) 26th Annual Environmental Conference held at Turning Stone Resort & Casino in Verona, New York.  The two-day event featured several presentations that were noteworthy and a presentation by Mr. David Ramos, Safety & Health Inspector from the NYS Department of Labor (NYSDOL), called "Common ICR 56 Violations" had the audience in stitches.  

Our booth in the Vendor Exhibit Hall

This year PACNY tried a new format for the morning & early afternoon sessions on the first day Thursday, March 16, 2023.  Side-by-side presentations (or two tracks though it was hard to discern if each track had a theme).  Because of some issues with Turning Stone the Onondaga Room was smaller than it was supposed to be.  The two-track presentations did require us to go back and forth between the two rooms to gauge the presentations for those following us on Twitter (#FEDTCPACNY).  It was interesting that the smaller Onondaga Room worked out for the presenters in that room since it seemed a smaller number of attendees still made the room seem fuller.  In the morning session, the presentation by Mr. Peter DeLucia, Director of Safety of the Riedman Companies and President of the Environmental Information Association (EIA)  "Exposure Assessments: The First Step In Compliance" had us again utterly confused with the Occupational Safety and Health Administration's (OSHA's) position on respirator use for asbestos.  Based on his presentation and reference material he presented OSHA does not recognize hoods or helmets even when their protection factor exceeds the required protection factor for the exposure assessment or monitoring.  This would imply then that individuals who cannot shave for whatever reason could not work in the asbestos industry.  Sounds like another blog post for the future.  Mr.Chris Alonge, Senior Engineer for the Dormitory Authority for the State of New York (DASNY), presented on "Managing Typical Regulated and Hazardous Wastes Generated on Abatement/Remediation Projects in NYS" a timely presentation considering all the talk lately about Polychlorinated Biphenyls (PCBs) in asbestos materials, like mastic and caulk, and how to handle universal wastes.  In the early afternoon sessions Lisa Rogers, President of Mycometer, presented "One Data Point Isn't Enough! The Fungal to Allergan Index, A New Diagnostic Concept" which discussed how air sampling using the Mycometer could assist in diagnosing mold issues strongly recommend those in the indoor air quality/mold industry look into this, and Brent Kynoch, Managing Director, EIA presented on "Environmental Trends Throughout the US" discussing the potential federal asbestos ban and different state regulations for environmental (lead, etc.) and mold regulations. 

Mr. Peter DeLucia, Director of Safety of the Riedman Companies and President of the Environmental Information Association (EIA)  "Exposure Assessments: The First Step In Compliance"

Other presenters and their topics included:

  • Ms. Donalea Maloney, OSHA Compliance Assistant Specialist - "All About OSHA, OSHA Update, and A Heat Stress Enforcement Case." 
  • Ms. Michelle McGowan, EMSL's VP Asbestos Division - "Bridging the Gap Between Field Sampling & Laboratory Analysis
  • Ms. Maddie Davis & Lauren Battagllia, Livingston Associates - "Engage to Retain: How Fostering Employee Engagement Can Help Reduce Turnover"
  • Alex Dell, Esq., Law Firm of Alex Dell, PLLC - "What Your Injured Employee Thinks Of You, Navigating the NYS Workers' Compensation Law and Related Benefits".  Saw his presentation at the North Country Chamber of Commerce's 2022 Business Expo and it provided good information and was very interesting.  A side note - Save the Date for the North Country Chamber of Commerce 2023 Business Expo & Conference is on Thursday, June 8, 2023, at SUNY Plattsburgh Angell Center.
  • Michael A. Pinto, CEO, Wonder Makers Environmental - "The Ins and Outs of the EIA's Mold Guide"
  • OneGroup - Brett Findlay, John Schmidtt, Michelle Namisniak, & Paul Coderre - "Where to Focus Your Efforts in Controlling Insurance Costs"
  • Nicole Henry - Business Development Representative, CompanyCam - "A Better Way to Survey; Gathering and Sharing Data More Effectively"
  • Jacob Hutton, Architectural Designer, CPL & Kevin Hutton, President & CEO, East Centers of NY - "Blueprint Reading 101: For Environmental Projects"
Ms. Michelle McGowan, EMSL's VP Asbestos Division - "Bridging the Gap Between Field Sampling & Laboratory Analysis

For the remainder of the afternoon, it returned to a one-track format finishing with Stefan A. Borovina, Esq., from Goldberg Segalla, presenting "How to Avoid OSHA Citations and Create a Safer Worksite".  Being prepared was a big part of his presentation on how to avoid OSHA citations including preparing your employees to be interviewed by OSHA.  

David Ramos, Safety & Health Inspector from the NYS Department of Labor (NYSDOL), called "Common ICR 56 Violations"

Mr. David Ramos' presentation "Common ICR 56 Violations".  Mr. Ramos' presentation showed us what some contractors and consultants try to get away with during asbestos abatement projects.  Some of the violations were so bad they were very funny.  That presentation put everyone in a good mood for the Happy Hour in the Mohawk Room - Presented by Aramsco.  Stay tuned for the second day!  




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! 


Monday, August 29, 2022

International Sales Director of FermionX will be Joining Our September 19 Project Sample Technician/Project Monitor Refresher Course

Future Environment Designs Training Center (FEDTC) in our August 2022 Safety Suzy Newsletter proudly announced that the International Sales Director of FermionX, Dan Crothers will be attending our Monday, September 19, 2022, Project Sample Technician/Project Monitor Refresher course.  FermionX, Ltd. is a UK electronics manufacturer of industrial product brands including the Airbox Sampling Pumps.  Dan Crothers has filled sales, marketing, and senior leadership roles in the company, Dan brings extensive product sales and electronic manufacturing experience with in-depth knowledge of the company’s supply chain and quality processes.  Originally from New Zealand, Dan spent 15 years in UK and Singapore developing global sales and distribution channel management for FermionX product brands in North America, Asia Pacific Region, and the Middle East.  

Dan Crothers

Airbox’s award-winning Variflow air sampling pumps for asbestos air monitoring combine robust sampling performance with unique features for hassle-free setup and decontamination (back-to-back carrying, in-built telescopic mast, IP-65 rated casing {an IP65 Rating means the product has the highest level of dust protection and is able to withstand low-pressure water jets from all directions}, and battery operated). The user-friendly control features support site-specific calibration protocols to safeguard sampling compliance.  Coming soon to the USA, the Airbox Variflow will be a powerful new tool in asbestos and mold air sampling.

Airbox Sampling Pump

Mr. Dan Crothers will be demonstrating the features of the AirBox pumps at our Monday, September 19, 2022, Asbestos Project Sample Technician/Project Monitor Refresher Course.  These pumps are battery-operated and can run between 5 and 17 liters per minute.  So they can be used for both ambient and clearance sampling.  The built-in mast means no carrying extra stands for sampling.  The pump is showerproof so decontamination is not an issue.  Two units fit together for easy carrying with one hand.  The hose stores easily on the side of the unit again for ease of transport.  Easy to use control panel with highly visible OLED display.  We think these pumps will be outstanding and are looking forward to seeing them in operation.  To register for the NYS Asbestos Project Sampling Technician Refresher course click here or to register for the NYS Asbestos Project Monitor Refresher course click here!

Sunday, May 15, 2022

New York City's Asbestos Regulation Revised. Again!

On April 28th, 2022, New York City published a notice of adoption in the City Record for the revisions to the Asbestos Control Program Rules and Regulations (RCNY Title 15 Chapter 1).  These revisions will become effective on May 28th, 2022.  Of course, there are some significant changes that asbestos contractors, asbestos consultants, & asbestos investigators should be prepared for.  These changes include:

NYCDEP will need to revise the confined space standard reference to 1926 Subpart AA Confined Spaces in Construction

  • New wording regarding making a false statement/documents not only to the New York City Department of Environmental Protection (NYCDEP), but to any city agency or any individual related to an asbestos project, asbestos surveys, or any document required to be filed under these rules.
  • The addition and subtraction of some definitions:
    • Airtight was added which "means secured and sealed utilizing 6 mil plastic sheeting and tape to make a barrier through which no air, dust or debris can be transmitted."  Not sure we like this definition.  No air can be transmitted, with just plastic and tape?
    • ARTS E-File was added.  Which is the web-based filing system that NYCDEP uses to file all things related to asbestos projects.
    • Asbestos Project Air-Sampling Technician, Confined Space, Occupational Safety and Health Administration (OSHA) Construction Safety and Health card, and warning line system were added. 
    • Bound Notebook was subtracted, but a Permanently bound log was added.  "Permanently bound log shall mean a log consisting of sequentially numbered sheets of paper, pre-printed or handwritten, that is permanently secured to the front and back covers by stitching, glue, and binding that creates a strong and lasting bond and makes readily discernible the removal or insertion of sheets after the log’s first use."  We added the bold section to point out that a composition notebook no longer can be used.  Since they are not glued.  We did a quick search and found that "Smyth Sewn (also known as Section Sewn)" would meet this requirement, we're sure there are others.
    • The definition for disturb has been modified and "shall mean any activity that disrupts, impregnates, or strips the matrix of asbestos-containing material (ACM) or presumed asbestos-containing material (PACM), or that generates debris, visible emissions, or airborne asbestos fibers from ACM or PACM. This includes but is not limited to the removal, encapsulation, enclosure, renovation, repair, or cleanup of ACM or PACM."  Of course, when we read this we had to whip out our Thesaurus (dusting it off or of course, we could have googled it, sorry we're a little old school) to see why NYCDEP uses the word impregnate (obviously it would not be our first impression of the word, which leads to many very bad images)!  The second definition for impregnate is to soak or saturate (something) with a substance.  Interesting wonder if there might have been a better word to use?
    • The definition of the log was changed to "shall mean a permanently bound official record of all activities that occurred during the project.  One log must be maintained by the abatement contractor in accordance with section 1-92 Work Place Entry and Exit Procedures, and one log must be maintained by the air monitoring company in accordance with section 1-37 Sampling Equipment Requirements."
    • They added "Project monitor’s report. “Project monitor’s report” shall mean the "Form ACP-15" that the project monitor is required to submit for partial or complete asbestos project closeout as approved by NYCDEP."
  • Variances must be made through the ARTS E-File System.  Submitted by a project designer and authorized by the building owner or authorized agent.  Including the description of the deviation, and a description of the hardship preventing the required procedures from being employed.  A sketch is no longer allowed it must be a drawing. 
  • The addition of "any abatement activity to be performed within a work area located in a confined space" to the requirements of when an asbestos abatement permit is required.  This requires a Work Place Safety Plan (WPSP).  They added that the asbestos abatement permit would expire upon the expiration date of the asbestos project notification ACP-7 form.  In addition, sections in "Failure to terminate asbestos abatement permit within year" were deleted related to extending the permit.  Regarding the letter from the registered design professional finding additional ACM on a project, it must be filed through the ARTS E-File.
  • Emergency project notifications must be filed through the ARTS E-File system (instead of telephone communication),  If the applicant does not have a valid ARTS E-File account, then telephone notification shall be made to 311.  The cover letter that accompanies the ACP-7 Form must be from the building owner or their authorized agent and must include:
    • the nature of the emergency;
    • a description of the scope of work.  With respect to projects commenced under this section, the department, based on an inspection by the department and other relevant agencies, may exempt the project from the requirements of 15 RCNY § 1-26 Asbestos Abatement Permits.
  • The Certified Asbestos Investigators (CAI) must respond to the NYCDEP’s request for inspection within fourteen (14) business days and provide a date, time, and location for an inspection which is within 21 days of the date of the request. Failure of the investigator to either respond to the NYCDEP’s request for an appointment or provide a date, time, and address for an inspection will result in the suspension of the CAI's certificate until such appointment is completed and these records are made available for inspection.
  • Chain of custody forms (regarding the air sampling) are now part of the project record and shall be kept on-site at all times.  The chain of custody forms, along with the project air sampling log, and a copy of the project monitor's report is added to the records the asbestos abatement contractor shall maintain for at least 30 years after the end of the project.
  • Changes to air sampling requirements include cassettes that "must be labeled with sample identification numbers prior to the commencement of air sampling".  Air sampling assembly must be checked for leaks and occlusions "throughout the shift and documented in the project air sampling log."  The project air sampling log must be a "permanently bound book."  Added to the notes of the air sampling table "Transmission Electron Microscopy (TEM) is required in schools in accordance with the Environmental Protection Agency's (EPA) Asbestos Hazard Emergency Response Act (AHERA) regulations." and removed from the notes was "or the pre-abatement area sampling result(s) for interior projects where applicable."  In addition, the following statement was added wherever multiple samples are required "which must be representative of the work area. The air samplers must be placed separate and apart from one another and must not be grouped together."  For clearance sampling "samplers shall be no further than (vs approximately) 50 feet from the entrance to the work area."
  • During abatement air sampling for minor projects was added: "For minor projects employing glovebag or tent procedures, one area sample shall be taken outside the glovebag or tent, not more than five feet from the uncontaminated entrance to the glovebag or tent."  According to NYCDEP, this was added to be consistent with NY State (NYS) requirements regarding air sampling for minor projects.  Well, NYS Department of Labor Industrial Code Rule 56 (NYSDOL ICR56) does not require air sampling during abatement for minor projects.  It does require clearance upon glovebag failure or loss of integrity or tent failure or loss of integrity or incidental disturbance projects, but not during abatement.  In fact, this change would require clearance of the minor project if the during abatement sampling result exceeded 0.01 fibers per cubic centimeter (f/cc), or if there were visible emissions detected during the project, or if the work area to be reoccupied is an interior space at a school, healthcare, or daycare facility.
  • They modified the section Materials and Equipment, with "Ladders or scaffolds of sufficient dimension and quantity shall be available so that all work surfaces can be easily and safely reached by inspectors and asbestos handlers."  Asbestos handlers were added to the section.  In addition, these subsections were added:
    • Ladders: Where ladders are used to access or reach work surfaces for the conduct of abatement activities, care must be taken to prevent breaching of the containment areas and the ladder’s integrity must be maintained to ensure safety.  Ladders and their use shall comply with OSHA 29 CFR 1926. Subpart X Ladders 1926.1053.
    • Scaffolds: Where scaffolds are used to reach work surfaces or for the conduct of abatement activities, scaffold joints and ends shall be sealed with tape to prevent the incursion of asbestos fibers. Scaffolds and their use shall comply with OSHA 29 CFR1926. Subpart L Scaffolds 1926.450; 451 and 452.
    • Walking Surfaces. Walking and working surfaces shall be protected from tripping or stepping into or through holes or openings, including skylights, by covers secured to the surface in accordance with OSHA Section 29 CFR 1926.501.  According to NYCDEP, they added this section due to a recent fatal accident at an asbestos work site.  We did a search and it seems this accident may have happened on November 1, 2021.  It was reported by the NYC Department of Buildings (NYCDOB) as the Gowanus Roof Fall. Workers were performing asbestos abatement work on the roof of a three-story building at 289 3rd Avenue, Brooklyn.  One of the workers left the work area to use the restroom and apparently fell through a 15-inch gap between the building and the supported scaffold, falling approximately 25 feet from the roof onto a first story set back in the rear of the building. The worker died of his injuries.  OSHA did an inspection of this accident and issued 3 scaffold violations and 2 ladder violations for a total of $40,604 in fines, which are being contested.
  • The abatement contractor's log requirements were moved to section 1-92 Work Place Entry and Exit Procedures.  "The abatement contractor’s log shall be permanently bound and at a minimum shall identify fully the building  owner, agents, contractor(s), the project, each work area and worker respiratory protection employed, and other pertinent information including daily activities, cleanings and waste transfers, names and certificate numbers of asbestos handler supervisors and asbestos handlers; results of inspections of decontamination systems, barriers, and negative pressure ventilation equipment; summary of corrective actions and repairs; work stoppages with reason for stoppage; manometer readings at least twice per work shift; daily checks of emergency and fire exits and any unusual events."
  • Personal protective equipment shall be provided by the abatement contractor.
  • NYCDEP added the following to the workplace entry and exit procedures:  "When abatement activities are located in a confined space the contractor must comply with all the requirements set forth in OSHA 29 CFR 1910.146.and 1926.21(a) and (b)."  This is very interesting because OSHA regulations 1910.146 do not apply to the construction industry.  Its 1926 Subpart AA Confined Spaces in Construction applies to the construction industry.  Read our blog post regarding the Confined Spaces in Construction standard and its requirements (very similar to the General Industry standard 1910.146, but with specific differences related to construction and technology that is available today that was not available when the 1910.146 came out). 
  • An interesting change is that chutes can only be used inside a work area that is under negative pressure.  Deeming that chutes to transport asbestos from rooftops is unsafe.  We wonder what evidence they have for this?
  • Encapsulation and Enclosure procedures must be conducted with the full containment of the work area or the tent procedures.  Some other modifications.
  • Glovebag procedures now require "A visual clearance inspection must be conducted by the asbestos handler supervisor and project monitor after the work area dries, to ensure the absence of ACM residue or debris in the work area. The clearance inspection must be documented in the abatement contractor’s log and the project air sampling log."
  • Added air monitoring in accordance with the air monitoring sections 15 RCNY §§ 1-31 through § 1-45 was added to the Tent procedures section, along with "A visual clearance inspection must be conducted by the asbestos handler supervisor and project monitor after the work area dries, to ensure the absence of ACM residue or debris in the work area. The clearance inspection must be documented in the abatement contractor’s log and the project air sampling log."
  • Foam Procedure for Roof Removal changes include the establishment and maintenance of a warning line system on the roof throughout the project, the contractor must comply with OSHA 1926 Subpart M, specifically 1926.501 Duty to have fall protection & 1926.502 Fall protection systems criteria and practices, exterior or interior chutes are prohibited to transport asbestos-containing roofing material (ACRM) from the roof to lower floors, and visual inspection must be documented in the abatement contractor's log and project air sampling log.
  • Foam/Viscous Liquid Use in Flooring Removal changes includes visual inspection must be documented in the abatement contractor's log and project air sampling log.
  • Abatement from Vertical Exterior Surfaces changes include the contractor must comply with OSHA 1926 Subpart M, Fall Protection, 1926 Subpart L, Scaffolds, and the NYC Building code, change to sidewalk bridges is "Sidewalk bridges in the restricted area shall be covered with two layers of fire retardant 6-mil plastic, placed over and secured to the bridge, spread across the full width of the bridge and up the interior walls of the bridge so the walls are fully plasticized" and the clearance inspection must be documented in the abatement contractor's log 
  • Controlled Demolition with Asbestos in Place has been changed "A condemnation order or declaration issued by the NYCDOB or a signed and sealed condemnation letter from the Owner’s registered design professional which has been acknowledged by the NYCDOB must be submitted to the NYCDEP through the ARTS E-File system.  A site-specific scope of work identifying the steps to control asbestos emissions during the controlled demolition must be submitted and approved by NYCDEP prior to the commencement of work.
  • The final cleaning procedures were changed to add "After the plastic barriers on the walls and floors have been removed, a third cleaning shall be performed of all surfaces in the work area by wet cleaning and/or HEPA vacuuming. A minimum of a one-hour waiting period shall be conducted to allow the work area to dry prior to the visual inspection by the air monitor and asbestos supervisor."
No roof parapet walls will require guardrails on asbestos roof removals

As you can see there are a number of changes some significant and some minor.  NYCDEP regulation first went into effect in 1985.  The first changes were made in 2011, and then additional changes were made in 2019.  Here we are three years later with more changes which they held a public hearing on December 23, 2021, and announced through the ARTS E-File system.  It seems they were reluctant to change the regulations much in the past (1985 to 2011) but now seem more than willing to make changes when they feel it's necessary.  Unlike, NYSDOL which has wanted to modify ICR56 since 2011 and still has not been able to.
    

Wednesday, March 16, 2022

The Environmental Information Association Conference Is Back in Phoenix.

We will be attending the Environmental Information Association (EIA) 2022 National Conference and Exhibition.  It is being held at the Hyatt Regency in Downtown Phoenix and it is also being held virtually.  If you wish to register for the conference click here!  

Frank Lloyd Wright's Taliesin West

Our love of Phoenix, Arizona started when we became a member of the American Council for Accredited Certifications (ACAC) Certified Indoor Environment Consultant Board.  Our meetings were always in January/February time period which is an absolutely perfect time to visit Phoenix.  The weather gave us a break from the winter of the Northeast.  It's not too hot during the day and not too cold at night.  Meeting members of the ACAC boards was a fantastic networking event!  This year the ACAC was planning a meeting of the Boards, however, attendance by ACAC members was not as hoped.  But we are still planning on getting together and will attend Adam Andrew's presentation in Session 4 - "Asking the Right Questions: Inbound marketing with professional certification."

Some of the ACAC Board Members we're hoping to see!

The EIA conference starts on Monday, March 21, 2022.  The opening of the General Session starts at 8:30 am and the schedule for this session includes the introduction of EIA governance, a short presentation by EIA Managing Director J. Brent Kynoch, EIA President Steve Fulford, and EIA 2022 Conference Chairs Chris Gates and Vessa Roberts. This session also features the presentation of the 2022 Jack Snider Jr. Award and the EIA 2022 keynote address.  The EIA's 2022 Keynote Presentation: "National Environmental Public Health Tracking: From Data to Action" Centers for Disease Control (CDC) National Centers for Environmental Health Environmental Public Health Tracking Program, CDC & AZ Department of Health Jena Losch, CDC, Public Health Advisor, National Center for Environmental Health and Hsini Linn, AZ Department of Health, Deputy Office Chief for Environmental Epidemiology.

Chihuly at the Desert Botanical Gardens in Phoenix

We are looking forward to the Technical Program and seeing several sessions in addition to Adam Andrew's presentation.  We are looking forward to Lee Poye's, Eurofins - J3 Resources, presentation on "Libby Amphibole, Talc, Erionite, and Other Respirable Elongate Mineral Particles – Nonregulated Hazards?", Dylan Staack's presentation "Qualitative vs. Quantitative Fit Testing: Understanding the Gaps in Your Respiratory Protection Program", Danaya Wilson's, CHC Training, & Tom Laubenthal's, Air Quest Environmental plenary session on "Asbestos Regulation 101: Past, Present, Future", Michael P Menz's, CIH, CHMM, Indoor Environmental Concepts, LLCDeregulated Asbestos Floor Tile Removal Using Dry Ice Technique", and Peggy Forney's, EPA - Retired, "Enforcement of Asbestos Abatement Projects."  To see the entire schedule of events click here.  We hope to see you at the conference and look forward to writing about the various presentations.


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.

That Time of Year! Conferences, Posting Requirements, and OSHA Violations Increased!

It's that time of year again. We're between conferences.  February 15-16, 2024 was the Professional Abatement Contractors of New Yor...