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).

Stop by and Interact with our New Display

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.

Future Environment Designs, Inc. Celebrates 37 Years in Business With a New Program Called "After The Refresher"

On October 5, 1988, Angelo Garcia, III, founded Future Environment Designs, Inc. (FEDTC) as an indoor air quality consulting and training service to the facility management sector.  Since then, we have transformed the company into a provider of asbestos, mold, and Occupational Safety and Health Administration (OSHA) compliance training.  That has enabled us to continue for 37 years, with plans to continue for at least another 13 years.  

Once we converted the company into a training company, we became completely focused on our Blue Ocean Strategy of separating our company from our competitors by including additional services in our training courses to meet our clients' needs.  Services like:

• supplying personal protective equipment (PPE),
• providing quantitative respirator fit testing,
• providing respirator medical evaluations, 
• our monthly Safety Suzy newsletter with content on asbestos, mold, indoor air quality, and occupational safety and health information, 
• our blog where we post items of interest and discussion, 
• our negative air app, 
• our air sampling charts, 
• our training library, 
• our partnership with SiteDocs, 
• and all of it found on FEDTC's website.

In keeping with our Blue Ocean Strategy, we are starting a program called "After the Refresher".  "After the Refresher" will consist of interviews and recordings with people who attended our refresher classes, where our attendees get to introduce themselves and we discuss some of the topics we covered in the refresher class.  As we develop this program, we hope to interview people at conferences and other events that have an impact on the asbestos, mold, and OSHA compliance business.

In our first episode above, we discussed the different items we are currently discussing in our asbestos refresher courses.  In our second episode below, we interviewed John Paciulli of Insight Environmental, Inc., on the new New York State Department of Labor fact sheet on asbestos surveys and how it would impact the asbestos and mold industries.  We also discuss issues regarding contamination assessments.

As we continue to develop these programs and services, we are looking forward to what the next 13 years have to offer.  When you watch these programs, please don't forget to subscribe to Future Environment Designs Training Center's YouTube Channel and hit the like button.  Thank you!

PACNY's Day Two - So Much Information Packed Into One Day, Amazing!

On Thursday, February 27, 2020, Ms. Deb Sanscrainte, of ARAMSCO and the conference chairwoman, and Timothy Thomas of Tetra Tech and President of PACNY,  opened the second day, known as the Professional Day, of the Professional Abatement Contractors of New York's (PACNY's) 24th annual Environmental Conference, being held at the Turning Stone Casino in Verona, New York.  Attendees expected a full day of presentations ending with the Conference Sponsors Reception.  Presentations from the conference can be found on PACNY's website.  The Professional Day of the conference includes the opening of the Vendor Exhibit Hall with a continental breakfast and 30 vendors attending the conference, an increase from last year!  See the reception video to see the various vendors!

The keynote speaker for the conference was Ms. Luann Meyer, Solid Waste Administrator for Monroe County Department of Environmental Services, speaking on "Recycling-The Long and Winding Road".  She discussed that most counties have fact sheets to know what is or aren't recyclable or you can tell by the shape of the container.  She also discussed the New York State's plastic bag ban that went into effect March 1, 2020, all single-use plastic bags have been banned.  Paper bags are not part of the ban and all stores that collect sales tax are impacted.  Our next speaker was Jack Snider III, President & Sr. Consultant of AMRC Environmental Services, speaking on "Take Home Asbestos Exposure".  Mr. Snider discussed the asbestos abatement illusion regarding the decontamination of the workers.  He stated that workers, in Florida, during the removal of the floor tile, mastic, and other non-friable asbestos-containing materials (ACM) typically wore street clothes into the work area, and they are not showering nor vacuuming themselves/their clothing upon exiting the containment.  If showers and vacuums are provided the showers are not connected nor attached to the work areas.  When questioned why the workers did not decontaminate or wear proper personal protective (PPE) common responses included "the air samples did not show elevated fibers"; "It's floor tile"; and "I have been doing this longer than you!".  The presentation then went into how he collected his samples using the American Society of Testing and Material (ASTM) standard D5755-09 microvacuum sampling method to collect several samples from workers, their clothing, vehicles, and surface areas after clearance of the work area was conducted.  Findings from his study suggest asbestos abatement workers are bringing home significant amounts of asbestos fibers from these types of projects.  The presentation was eye-opening! 

Ms. Luann Meyer Discusses Recycling

After a break in the Vendor Exhibit Hall, the presentations continued.  Similar to the first day of the conference, the next two presentations and the last presentation of the day awarded continuing education points for architects and engineers attending the conference.  These points were awarded by the American Institute of Architects (AIA) and were coordinated by Kevin Hutton, of the Rochester Colonial Manufacturing Corp.  The presentations awarding these points were Martin S. Rutstein, Ph.D. & Marc E. Rutstein, CAI, Presidents of Ecological Consulting & Management Services, Inc., discussing "Regulations - How did we get here and Where are we going?"; Sean Miller's and Mike Mazzara's, of Genesee Environmental, LLC, presentation included information provided by Stephen R. Gheen, PE, of Gheen Engineering (who could not present due to illness), on "Mercury in Sports Floors, Regulatory Guidance, Remediation, and Disposal"; and Joseph Cantone, of Colden Corp., Sean Hart, of Energy & Environment, and Peter Delucia, of AAC Contracting, presentation "Asbestos Surveys: The Good, The Bad, and the Ugly".

Kevin Hutton, of the Rochester Colonial Manufacturing Corp. 

The Rutstein's presentation talked about the asbestos regulations and some advice for asbestos professionals -  plan the job-take a fresh look, hire good staff (exert oversight of site staff), maintain required records, and plan for unexpected contingencies!  Mr. Miller's and Mr. Mazzara's presentation on Mercury in Sports Floors was a deep dive into mercury remediation regulations, guidelines, and the disposal process.  An important point made in the presentation was how it was different from an asbestos job.  In addition, Mr. Mazzara's section on mercury waste handling, transportation, and disposal provided a lot of information on handling hazardous wastes.

   

Sean Miller Discusses Its Not An Asbestos Job

 

Mike Mazzara Discusses Mercury Waste Handling, Transportation & Disposal

After a lunch break and time spent in the Vendor Exhibit Hall, the next presenter was Jennifer Kavney Harvey, Esq., Partner of Coach White, LLP,  discussing "NYS WBE/MBE Requirements".  Ms. Harvey's presentation pointed out that spending in the last nine years for Minority-owned and Women-owned Business Enterprises (MWBEs) has increased by 25 times (in dollars) while the number of MWBEs has increased by 18%.  In addition, she discussed the Governor's 2014 press release increasing the statewide composite goal to 30% without a disparity study basis, modifying the Executive Law, or modifying the MWBE regulations. Most goals from 2014 to the present were 30%.  After a short break in the Vendor Exhibit Hall, the next presenter was Karlee Bolanos, Partner at Bolanos Lowe PLLC, discussing "Understanding Your NYS Sexual Harassment Prevention Obligations".  Ms. Bolanos discussed Sexual Harassment Prevention requirements that were effective October 9, 2018, that included a New York model policy that at a minimum must prohibit sexual harassment; provide examples of prohibited conduct; include information concerning the federal and state laws; include a statement regarding applicable local laws & contacting law enforcement; include a standard complaint form: include a procedure for the timely and confidential investigation of complaints and due process for all parties; include information about rights of redress; clearly state that sexual harassment is considered a form of employee misconduct; and clearly state that retaliation against individuals...is prohibited.  She also discussed recent changes that were effective October 11, 2019, regarding behavior beyond a "petty slight" or "trivial inconvenience" that may be illegal.  

Jennifer Kavney Harvey, Esq Discusses MWBE Spending & Utilization

Karlee Bolanos discussing Sexual Harassment Law

The final presentation of the day was Joseph Cantone, of Colden Corp., Sean Hart, of Energy & Environment, and Peter Delucia, of AAC Contracting, discussing "Asbestos Surveys: The Good, The Bad, and the Ugly".  Obviously, their presentation was broken into three sections with Mr. Cantone talking about good asbestos surveys,  Mr. Hart talking about bad asbestos surveys, and Mr. Delucia talking about ugly asbestos surveys.  The day ended in the Vendor Exhibit Hall with the Conference Sponsors Reception, which included Hors d'oeuvres, food, and an open bar.  The after-party at Dival's Safety Equipment's hospitality suite allowed for more time to network and discuss the presentations of the past two days!  All the presentations were excellent and provided very useful information for those who attended the conference.  Looking forward to day three and the New York State Department of Labor Panel! 

 

Peter Delucia, Sean Hart & Joseph Colden

 

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!