EPA and OSHA Have Interesting Timing for Asbestos Regulations

As usual, summer is the busy season for the asbestos abatement industry.  With most schools closed for the summer, this is the perfect time to do asbestos abatement work for the renovation, remodeling, or demolition work necessary.  Interestingly, both the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) thought this would be the best time to ask for comments from the public and the industry about asbestos regulations.

Also interesting is that OSHA is looking to reduce regulatory requirements while EPA is looking to create regulations.  OSHA's public comment period ends August 21, 2026, and EPA's docket for public comments closes on August 24, 2026.

OSHA Still Pushing Its Unpopular Asbestos Respirator Proposal

OSHA's proposed changes actually came out July 1, 2025, and that comment period closed on November 1, 2025, after an extension from the original closing date.  As we discussed in our classes, the proposed changes are to reduce compliance burdens, allow for the use of more up-to-date technology, and improve the comprehensibility of the requirements for respiratory protection programs under the standards.  Part of the intent of this proposal was also to better align these standards with OSHA's respiratory protection standard.  However, this proposal would significantly increase a worker's exposure to asbestos.  Just the elimination of the HEPA filter requirement would increase a worker's exposure by 24,000 asbestos fibers in an 8-hour workday.  For more information about these changes, see our blog post OSHA’s Proposed Asbestos Respirator Changes Raise Important Safety Concerns.

On April 1 and May 19, 2026, OSHA consulted with the Advisory Committee and Construction Safety and Health (ACCSH) on the proposed changes to asbestos and the other changes they proposed for the chemicals (there are 16 chemicals) that have specific respiratory protection requirements like asbestos.  If you review the meeting minutes of the ACCSH, OSHA's proposal for removing the HEPA filter requirement was rejected, and the same for the proposal to change assigned protection factors.  So we hope, based on all this, that should be the end of this dangerous proposal.

EPA Opens Public Docket for Asbestos Part 2 Rulemaking: A Critical Opportunity to Shape the Future of Legacy Asbestos Regulation

For decades, those of us in the asbestos industry have understood one simple truth: legacy asbestos is the problem that isn't going away.  While the EPA's 2024 rule addressing chrysotile asbestos represented a step forward, it left many unanswered questions regarding the millions of asbestos-containing materials that remain in schools, commercial buildings, industrial facilities, and homes throughout the United States.  Those "legacy uses" continue to expose workers, contractors, maintenance personnel, building occupants, and even homeowners to asbestos every day.

Now, the EPA has officially opened a public docket seeking additional information to assist in developing "Asbestos Part 2: Legacy Uses and Associated Disposals of Asbestos" under the Toxic Substances Control Act (TSCA).  This is more than another request for comments.  It is an opportunity for the environmental consulting, remediation, industrial hygiene, laboratory, and construction industries to provide the real-world information EPA needs to develop regulations that are scientifically sound, practical, and enforceable.  As someone who has spent decades training asbestos inspectors, project designers, contractors, and consultants, we believe many of these questions deserve thoughtful responses from professionals who perform this work every day.

Why EPA Is Asking for More Information

EPA has determined that additional information is necessary before it can propose a final risk management rule addressing legacy asbestos.  Unlike the Part 1 rule, which focused primarily on ongoing commercial uses of chrysotile asbestos, Part 2 addresses the asbestos that already exists throughout our built environment.  EPA specifically states that the additional information will help develop:

• Practical regulatory requirements
• Economic analyses required under TSCA
• Science-based worker protections
• Feasible implementation strategies

That last point is important.  Protecting workers is essential, but regulations must also recognize how asbestos work is actually performed in the field.

Demolition and Renovation Projects

One area EPA is examining involves demolition and renovation projects that fall below the National Emission Standards for Hazardous Air Pollutants (NESHAP) thresholds.  Anyone working in our industry knows this is where many exposures occur.  EPA's asbestos NESHAP requires inspections, notifications, work practices, and trained personnel when projects exceed:

• 260 linear feet (LF)
• 160 square feet (SF)
• 35 cubic feet (CF)

But thousands of smaller renovation projects occur every year that never trigger these requirements.  EPA wants to know:

• Are building owners hiring accredited asbestos professionals?
• What work practices are being used?
• Are wet methods, containment, and proper disposal still being followed?
• What happens in single-family homes?

These are important questions because many exposures occur during "small jobs" that are incorrectly assumed to present little risk.  As we've discussed in our asbestos training classes for years, the amount of material removed does not determine whether asbestos fibers are released.  The work practices do.  See our blog post on how floor tile removal can cause asbestos exposures: "Asbestos Floor Tile Debate Results"

Self-Employed Contractors

Perhaps one of the most significant sections of EPA's request concerns self-employed contractors.  OSHA's asbestos construction standard applies to employees.  It does not apply to many self-employed individuals (i.e., handymen).

EPA wants information about:

• Flooring installers
• Drywall contractors
• Roofing contractors
• Renovation contractors
• Siding contractors
• Handymen
• Sole proprietors

Questions include:

• How often do they disturb asbestos?
• How do they identify asbestos-containing materials?
• Do they receive asbestos awareness training?
• What engineering controls do they use?
• What barriers prevent them from having suspect materials analyzed before beginning work?

This is a conversation our industry has needed for years.  Many self-employed contractors work in older buildings where asbestos-containing materials remain common. Unfortunately, many rely solely on experience or visual assessment rather than laboratory analysis.  That approach is risky—not only for the contractor but also for their clients and anyone occupying the building.

Legacy Asbestos Products Still in Service

EPA is also looking beyond insulation and floor tile.  The agency is requesting information about asbestos still present in:

• Industrial equipment
• Pumps
• Valves
• Gaskets
• Packing materials
• Brakes
• Clutches
• Electrical equipment
• Textiles
• Heat-resistant fabrics
• Commercial appliances
• Boilers
• Furnaces
• Kilns
• Elevators
• Military equipment

Many younger environmental professionals may never encounter some of these products.  Those of us who have been in the industry for several decades know they are still out there.  Understanding where they remain, who works with them, and how often they are disturbed will be critical in developing effective regulations.

The Air Sampling Debate Continues

One section of EPA's request immediately caught our attention.  EPA is requesting information regarding the use of:

• Phase Contrast Microscopy (PCM)
• Transmission Electron Microscopy (TEM)

Specifically, EPA asks whether laboratories have sufficient TEM capacity if lower exposure limits ultimately require TEM analysis instead of PCM.  Anyone who has followed our writing knows we have discussed the limitations of PCM for years.  PCM counts fibers.  TEM identifies asbestos.  Those are two very different things.  See our blog post: "The Fallacy of Phase Contrast Microscopy (PCM) Clearance Air Sampling, or 5 Reasons Why We Should Stop Using PCM for Clearance."

EPA is asking practical questions that deserve careful consideration:

• Can laboratories handle increased TEM demand?
• What would increased costs mean?
• How much longer would turnaround times become?
• Would compliance monitoring become impractical?

These aren't academic questions.  They directly affect contractors, consultants, industrial hygienists, laboratories, regulators, and building owners.  Finding the balance between scientific accuracy and practical implementation will be one of the biggest challenges facing EPA.

Practical Experience Matters

One aspect we appreciate about this request is that EPA is not simply asking for opinions.  The agency is requesting:

• Exposure data
• Industry practices
• Economic impacts
• Laboratory capabilities
• Engineering controls
• Worker training information
• Real-world implementation challenges

This is exactly the type of information regulators need.  Those of us working in the field every day understand that regulations look very different on paper than they do during an emergency water loss, a school renovation, a hospital shutdown, or an industrial outage.  Field experience matters.

This Is Your Opportunity to Be Heard

EPA cannot develop effective regulations without meaningful participation from those who perform this work every day.  If you are an

• Asbestos consultant
• Industrial hygienist
• Laboratory director
• Project designer
• Contractor
• Building owner
• Safety professional
• Environmental attorney
• Training provider
• Equipment manufacturer

This is your opportunity to contribute.  Your experience can help ensure future regulations improve worker protection while remaining practical and achievable.

Final Thoughts

The asbestos industry has evolved tremendously over the past four decades.  Technology has improved.  Analytical methods have advanced.  Training has become more comprehensive.  Yet legacy asbestos remains one of the most significant occupational and environmental health challenges facing our country.

EPA's Part 2 rule has the potential to shape asbestos management for decades to come.  Whether that rule becomes practical and effective depends, in part, on the quality of information EPA receives during this public comment process.  As we've said many times throughout our careers, "good regulations are built on good science—but they must also be informed by real-world experience."

This is one of those opportunities where the professionals who work with asbestos every day can help shape the future of our industry.  Let's make sure our voices are heard.

**Call to Action**

If you work in the environmental, construction, remediation, industrial hygiene, or laboratory industries, we encourage you to review EPA's questions carefully and consider submitting comments based on your professional experience.  Your input could influence how legacy asbestos is regulated for years to come—affecting worker protection, building owners, contractors, laboratories, and consultants nationwide.

At Future Environment Designs, we will continue monitoring this rulemaking process and providing updates as additional information becomes available.  We will also continue to incorporate these regulatory developments into our asbestos training programs so that inspectors, designers, contractors, and environmental professionals remain informed and prepared for the future.

The best regulations are developed when regulators listen to those who do the work every day. This is one of those opportunities. Don't let it pass.

Recognition, Innovation, and Continuing Our Mission to Educate

As we move further into 2026, we are proud to share several exciting developments at Future Environment Designs Training Center (FEDTC) that reflect our continued commitment to training, innovation, and supporting environmental and safety professionals.

This year has already brought significant recognition for our efforts, the launch of a new educational resource for asbestos inspectors, and opportunities to contribute to important industry discussions regarding indoor air quality and workforce development.

Two Awards That Reflect Our Commitment to Excellence

One of the most rewarding aspects of operating a business for nearly four decades is seeing your hard work recognized by others in the industry.  We are pleased to announce that FEDTC has received two prestigious awards for 2026.

Environmental Business Review's Top Indoor Air Quality Services 2026

FEDTC was selected as one of Environmental Business Review's Top Indoor Air Quality Services Providers for 2026.  The recognition specifically highlights our innovative "At Your Convenience Service", which was developed to address the real-world operational challenges faced by employers and workers in regulated industries.

For years, we've recognized that training alone is not enough. Employers need workers who are ready to work, medically cleared, fit-tested, properly documented, and compliant with regulatory requirements.  Our At Your Convenience Service was designed to bring these elements together into a single coordinated process.

The service combines:

• Training and certification
• Respirator fit testing
• Medical evaluation coordination
• Documentation management
• Regulatory guidance
• Ongoing compliance support

Rather than forcing employers to coordinate multiple vendors and schedules, the service provides a streamlined solution that helps workers stay compliant and job-ready.  See what our client, Mr. Tom Watral of Watral Brothers, has to say about our service.

Receiving this recognition validates what we've believed all along: the most effective training solutions address the entire compliance process, not just the classroom portion.

CourseCheck 2026 Brilliance Award

We were also honored to receive the "CourseCheck 2026 Brilliance Award" for maintaining an exceptional trainer evaluation score of "4.9 out of 5" throughout all of 2025.

This award is particularly meaningful because it comes directly from the people we serve—our students.

Every evaluation represents feedback from environmental consultants, contractors, facility managers, engineers, maintenance personnel, and safety professionals who attend our courses.  Maintaining a 4.9 rating throughout the year reflects our team's dedication to providing practical, relevant, and engaging training that attendees can immediately apply in the field.

To everyone who attended a class, completed an evaluation, and trusted us with their professional education, thank you.

Introducing Our New Asbestos Bulk Sampling Package

Education has always been a cornerstone of what we do, and recent events reinforced the need for additional training resources regarding asbestos bulk sampling requirements.

Following the release of a New York State Department of Labor (NYSDOL) fact sheet, "Expectations for Contents of Asbestos Surveys and Assessments" published after the Professional Abatement Contractors of New York's (PACNY's) Environmental Conference in March, we observed several areas that created confusion within the industry and raised questions among inspectors and consultants.

The Reference Book

As a result, we developed a comprehensive "Asbestos Bulk Sampling Package" designed to provide practical, field-ready guidance.  Click here to purchase the package.

The package includes:

• An eLearning/On-Demand training course,
• A comprehensive reference book,
• A durable laminated bulk sampling table designed for field use

The goal is simple: provide asbestos inspectors with a clear understanding of sampling requirements, sampling strategies, homogeneous area determinations, suspect materials, and regulatory expectations.  Too often, inspectors rely on incomplete information, outdated guidance, or interpretations that may not withstand regulatory scrutiny.  We wanted to create a resource that inspectors can use both during training and while conducting actual field inspections.

The laminated sampling table is particularly useful because it provides quick reference information that can be carried directly onto inspection projects.  As regulations, interpretations, and industry practices continue to evolve, providing accurate and practical educational resources remains essential.

Preserving Experience for the Next Generation

Another accomplishment we are particularly proud of is the publication of our article:

"Preserving Experience: How Continuous Training Supports the Next Generation of Environmental and Safety Professionals"

The article has been prominently featured in the "Insights" section of Environmental Business Review's website.  The topic has become increasingly important across our industry.

Many of the professionals who built the environmental consulting, asbestos, industrial hygiene, and safety industries are approaching retirement. As this transition occurs, organizations face a significant challenge: how do we preserve decades of practical knowledge and transfer that experience to the next generation?

The reality is that many of today's new environmental and safety professionals may never have the opportunity to spend years learning side-by-side with veteran supervisors the way previous generations did.  As experienced workers retire, the informal transfer of knowledge that once occurred naturally on job sites is becoming more difficult.  This makes structured training, mentoring, and continuous professional development more important than ever.

At FEDTC, our training philosophy has always been built around continuous learning and ongoing support because competency is not developed in a single class.  It is built through repetition, reinforcement, field application, and access to experienced guidance over time.

Far too often, training is viewed as an event—a worker attends a course, receives a certificate, and the process is considered complete.  In reality, that is where the learning process begins. Environmental health and safety professionals face changing regulations, evolving technologies, new workplace hazards, and increasingly complex projects throughout their careers.  Remaining competent requires continual education and reinforcement.

This philosophy is one of the reasons we have invested heavily in developing resources that extend learning beyond the classroom. Our training library, Negative Air App, asbestos air sampling charts, reference materials, and educational content (such as the above-mentioned asbestos bulk sampling package) were all created to provide workers and employers with continued access to practical information long after a training certificate has been issued.

The goal is to help bridge the gap between classroom instruction and field experience.  Our philosophy that "training never ends" reflects the reality of the industries we serve. Whether someone is an asbestos inspector, project designer, air sampling technician, project monitor, mold assessor, safety professional, or facility manager, they must continually adapt to changing regulations, evolving hazards, and new workplace challenges.

The future success of our profession depends not only on attracting new talent but also on ensuring that valuable lessons learned over decades are not lost. Continuous learning, knowledge sharing, and ongoing support are essential if we want the next generation of environmental and safety professionals to be as prepared and effective as those who came before them.

That is the message behind our article and a principle that continues to guide everything we do at FEDTC.

Looking Ahead

As we reflect on these accomplishments, we are reminded that none of them happened in isolation.  They are the result of dedicated employees, loyal clients, industry partners, instructors, students, and colleagues who continue to support FEDTC and share our commitment to education and worker protection.

Whether it's receiving industry recognition, developing new training tools, contributing to important industry discussions, or helping prepare the next generation of professionals, our mission remains the same as it was when we started nearly 38 years ago:

To provide practical, high-quality education and services that help protect workers, building occupants, and the environment.

We look forward to continuing that mission in 2026 and beyond.

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!

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 York (PACNY) Environmental Conference and the Environmental Information Association (EIA) National Conference & Exhibition is March 18 - 21, 2024.  This year we have the honor of speaking at both conferences.  We are speaking on the "Fallacy of PCM Clearance" in other words 5 reasons PCM should not be used for clearance.  We are speaking on Wednesday, March 20, 2024, at 1:00 PST if you happen to be in San Diego, California come down and say hello!  We're looking forward to arriving early and seeing the San Diego Wildlife Park and the Zoo, two different areas.  Our speech was very well received at the PACNY Environmental Conference.  If you would like to see the posts from the PACNY Conference visit PACNY's Linkedin page.

FEDTC's Booth at PACNY Conference

There are other things also happening at the beginning of the year.  For example, remember to post your Occupational Safety and Health Administration (OSHA) 300A if you have 10 or more employees, see last month's post for more information.  The 300A, which is the summation of injuries and illnesses your company had in 2023, should be posted from February 1st, 2024 to April 30, 2024.  Also, remember certain employers must electronically submit the OSHA 300A information directly to OSHA by March 2, 2024.

300a Must Be Posted & For Some Must be Submitted

On January 16, 2024, the OSHA maximum penalties for serious and other-than-serious violations increased from $15,625 per violation to $16,131 per violation.  The maximum penalty for willful or repeated violations also increased from $156,259 per violation to $161,323 per violation.  These increases happen every January 15th.  This year's increase was delayed because January 15th was a Federal holiday (Martin Luther King Day).

Looking Forward to EIA's Conference in San Diego & Visiting the Wildlife Park

The 2023 PACNY Fishing Derby - A Beautiful Day on the Lake But Where Are All The Fish?

On Wednesday, July 12, 2023, the Professional Abatement Contractors of New York (PACNY) held its 10th Annual Salmon Fishing PROAM tournament in Point Breeze, New York.  19 Boats were part of this year's tournament, one more than last year's tournament.  Unfortunately, Future Environment Design's boat this year was down two and only included Ms. Veronica Hansen-Garcia and Angelo Garcia, III but we were in the same boat as the previous year's "Catchin' Hell" piloted by Captain Tom Murray and First Mate Mike.

Sun coming up off Point Breeze

We would to send a great big "THANK YOU" to Darren Yehl of Cornerstone Training (CTI) and PACNY for organizing this event.  This event allows us to catch up with many of the PACNY members and see how the year is doing.  Here was this year's line-up of PACNY members and boats:

• Cornerstone - Sunrise II
• Cornerstone  - Legacy
• Lozier - Richmond II Salmon Doctor
• United Rentals - Tomahawk
• Paradigm Environmental - Shotgun
• Paradigm Environmental - Gone Costal
• Sessler Environmental Services - Intimidator 
• Republic - Double Trouble
• Republic - Troutman
• Future Environment Designs - Catchin’ Hell
• Expert Environmental - Get Hooked
• Abscope Environmental - Make the Turn
• DiVal - Rally Killer
• Aramsco - Mister 
• Aramsco- Lake Runner
• AAC Contracting - Bite Me
• First On-site - 3 Dogs
• Metro Environmental - Rusty Lure
• Cornerstone - Bait Master

Our catch was a bleeder.

A beautiful day on the lake it was actually a perfect temperature with a slight breeze.  This was the first time we took a nap while fishing which was only possible because we only caught one fish the whole time from 6 am to noon.  Though it seems we weren't the only ones.  Thank you again Darren Yehl for making our trip worthwhile by giving us the fish you and your team caught.   After the weigh-in, a catered buffet lunch was provided by the Black North Inn, delicious as always, and the trophies/prizes were awarded.  This year's winners were:  

First On-Site with Captain Jason Matthews of 3 Dogs Sportfishing

We enjoy our trip to Point Breeze every year, however, we have a little trepidation about next year.  The fishing was really bad this year and it looks like we will be missing Sheryl & Matt, again next year.  We will have to decide what Future will do next year.  The event next year will be Wednesday, July 10, 2024.  We hope to see you next year! 

 

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 millimeter (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 15.  NYCDEP 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!