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.
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| 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.
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| 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:
| FTV Number | FTV Name |
|---|---|
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.
