Handling Nonfriable Asbestos Waste in New York State

We recently had a question regarding how to handle nonfriable asbestos wastes (roofing materials, vinyl floor tiles, asbestos cement pipe) in New York State. The first regulations we need to review is the Environmental Protection Agency's (EPA) regulations, in particular the National Emissions Standards for Hazardous Air Pollutants (NESHAPs). NESHAPs is the regulation that regulates asbestos waste disposal on the federal level. NESHAPs would separate asbestos waste into three categories, the first category would be regulated asbestos containing materials (RACM); all friable asbestos containing materials are RACM. The second and third categories would be nonfriable organically bound materials (e.g. roofing materials and vinyl floor tiles) are Category 1 nonfriable asbestos waste and other nonfriable asbestos waste (e.g. cement pipe and transite) would be Category 2 nonfriable asbestos waste. Assuming these last two categories do not become friable during the removal, EPA NESHAPS would not regulate the disposal of these materials. Leaving the responsibility to New York State Department of Environmental Conservation (NYSDEC) to regulate these materials. On January 25, 1985, NYSDEC issued a policy memorandum (for a copy of the NYSDEC memo follow the link on the title to our discussion group) regarding asbestos waste. This memo states that regulated asbestos waste includes friable asbestos material waste (Regulated Asbestos Containing Materials (RACM) under EPA NESHAPS) and control device asbestos waste. Control device asbestos waste is defined as any asbestos containing waste material that is collected in a pollution control device. Other asbestos containing waste shall be treated as construction and demolition debris.

This leaves us to decide what a pollution control device is? My view is that a pollution control device would be an asbestos labeled waste bags (as seen in the photo above) or drums. As long as you do not place nonfriable category 1 or 2 asbestos containing waste (assuming that during the removal you did not make the materials friable) into an asbestos labeled bag or drum, the waste can be disposed of as construction and demolition debris in New York State. If you have a differing opinion, please comment below or send me an email and we will post it here and in our discussion group.

IAQA NYC Metro Chapter Meeting

As an Advisory Board Member of the New York Metro Chapter of the Indoor Air Quality Association, I would like to invite you to a workshop on Wednesday, December 5, 2007. The workshop is titled:

“LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN”

The goal of the workshop is to familiarize the attendees with the US Green Building Council and how to attain the various LEED Professional Accreditations. The workshop will be held at the Soldiers, Sailors, Marines, & Airmen’s Club at 283 Lexington Avenue (between 36th and 37th streets) in New York City from 8AM to 12 Noon. A continental breakfast will be served and there will be plenty of time for networking and talking with speakers. The cost for IAQA members is $40.00 and $60.00 for non-members. Attendees will be awarded 4 RC’s from the AIAQC.

Future Environment Designs visits Harpoon Brewery

We visited Harpoon Brewery's Windsor Vermont Facility and observed the brew making process at this $5 million dollar facility (built in 1998). This facility was upgraded in the winter of 2005 to increase it's capacity to 55,000 barrels. This facility also features a Brewery Store and the Harpoon Beer Garden, a lunchtime restaurant. Harpoon Brewery was founded in 1986 (Boston, MA) and makes several beers that we were able to taste during our visit. We tasted Harpoon's IPA, UFO Hefeweizen, Brown Session Ale, Harpoon Munich Dark, and 100 Barrel Series Glacier Harvest (which was sold out and only available at the facility). Harpoon is a very good brewer and all the beers we tasted were excellant. I prefered the Brown Session Ale, and the Glacier Harvest. But the one I chose to have with my lunch (The Vermonter - a hot grilled panini sandwich with smoked turkey breast & smoked bacon, Granny Smith Apple, red onion, cabot sharp cheddar & spicy mustard on Homemade Hearty Tuscan White Bread) was the Munich Dark. The Munich Dark is a Munchen Dunkel style which had a rich malt and chocolate taste though slightly bitter. Harpoon has several festivals which would make excellant times to visit either the Windsor Facility or the Boston Facility. We enjoyed our visit, and had a great lunch and a beer.

Con Edison Steam Explosion exposes Respirator Errors

Even after 9/11, we still have not learned the proper use for respirators. Police officers at the site are wearing the appropriate respirator but are they wearing it incorrectly? From the photo above what is wrong with the picture? The workers have their masks on but I bet they didn't perform a user seal check to make sure it was on correctly and working properly. As you can see from the photo the bottom straps have not been attached. The straps not being connected allows the bottom of the respirator to remain open. Since air will take the path of least resistance, it means everytime these officers breathe, the contaminants that they are to be protected from will enter the respirator from the bottom without filtering. The fact that several officers were seen wearing their respirators in this manner indicates that officers need further training on properly wearing a respirator.

The second photo shows people traveling through the area of the steam explosion. It was also noted in the Newday article "Little Risk From Asbestos" (Friday, July 20, 2007) that the Red Cross reported distributing 1,200 dust masks to city workers and commuters since Wednesday night. The problem here is that dust masks do not filter for asbestos. Another problem is that dust masks unless properly fit tested and adjusted to the face, will not ensure all the air passes through the mask instead of going around the mask. The best these masks are doing is providing the individual with a false sense of security that if there is any exposure that they are protected.

My final concern is the manner of the clean-up. I already saw several photos/videos of workers using dry sweeping clean-up the debris. This work procedure unless used together with amended water (dust suppression agent) will cause any asbestos dust in the debris to become airborne, again. Exposing workers and the public to asbestos, hence it is important to continue to monitor the clean-up of the explosion area. This will ensure that work procedures that cause the asbestos dust to become airborne are prevented.

Metro NY AIHA hosts Chris Alonge at their May 16 Meeting

May 16, 2007, Chris Alonge spoke at the Metro NY AIHA meeting held at New York Blood Center. Mr. Alonge is the writer of the current NYS Industrial Code Rule 56. Mr. Alonge had alot of new things to say in his presentation:

• Industrial Code Rule 56 was edited and resubmitted for review. The current version is now available at http://www.labor.state.ny.us/workerprotection/safetyhealth/PDFs/Asbestos/Code%20Rule%2056-final-version-corrected.pdf and is dated March 21, 2007. The changes that were made are marked in red so you can see what was changed.


• Two new variances are being released. You can find these two new variances at http://www.labor.state.ny.us/workerprotection/safetyhealth/DOSH_CODE_RULE_56_TRANSITION.shtm.


• NYSDOL has produced an Asbestos Variance Fact Sheet to help designers understand the different types of variances. This fact sheet can be found at the same link as above.


• However the Guidance Document (FAQ) that is online has not been updated yet. Unfortunately this document will not be updated as much as they originally intended.


• In addition, Mr. Alonge made a statement regarding non-friable asbestos waste disposal which caused a little bit of stir. Mr. Alonge indicated that NYS DEC was not in compliance with EPA requirements for non-friable asbestos waste disposal. That non-friable asbestos cannot go to construction waste landfills but must go to landfills approved to accept asbestos waste. Unfortunately, it was not clear exactly how to interpet his comments.


• Mr. Germano is no longer in charge of the Asbestos Control Bureau. The new sheriff in town is Robert Perez. If his name sounds familar, it should, because Mr. Perez was the first head of the Asbestos Control Bureau when the regulations first came out back in 1988.

We thank Mr. Alonge for making himself available for these presentations. It will be interesting to see how all these changes play out with a new State administration (Governor) but also a new Asbestos Control Bureau administration.