12 CRR-NY 56-9.2NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER I. INDUSTRIAL BOARD OF APPEALS
SUBCHAPTER A. THE INDUSTRIAL CODE
PART 56. ASBESTOS
SUBPART 56-9. PHASE II C FINAL CLEANING AND CLEARANCE PROCEDURES
12 CRR-NY 56-9.2
12 CRR-NY 56-9.2
56-9.2 Air sampling requirements.
(a) Personal air sampling.
Air sampling shall be performed in the worker's breathing zone, by the asbestos contractor for his personnel, as required by current OSHA regulations.
(b) Daily air sampling.
Project air sampling shall be conducted daily for the full workshift for large projects, until satisfactory clearance air results have been obtained for the regulated abatement work area. If more than one daily workshift is required to accomplish the work, air sampling shall be performed on each workshift. Air sampling is not required on days when there are no Phase II C activities.
(1) Number and location of samples — large asbestos projects. A minimum of five samples shall be taken on a daily basis. The location of samples to be taken are the same as specified for Phases II A and II B. (See section 56-7.1 and Table 2 within section 56-4.9 of this Part.)
(2) Work stoppage criteria during Phase II C abatement procedures. If air samples collected outside the regulated abatement work area, indicate airborne fiber concentrations at or above 0.01 fibers per cubic centimeter, or the established background level, whichever is greater, work shall stop immediately for inspection and repair of barriers and negative air ventilation systems as necessary. Clean up of surfaces outside of the regulated abatement work area using HEPA-vacuums and wet-cleaning methods shall be performed prior to resumption of abatement activities. A summary of the elevated results, clean up activities, the results of barrier and negative air system inspections including any necessary repairs, shall be documented in the supervisor's daily project log. Work methods shall be altered accordingly to reduce fiber concentrations to acceptable levels.
(c) Exemption from daily air sampling.
Daily air sampling is not required on exterior asbestos projects with abatement of non-friable ACM roofing, siding, caulking or glazing compound, tars, sealers, coatings or other NOB ACMs, unless the ACM is rendered friable during removal, or debris falls inside the building/structure.
(d) Clearance air sampling.
There is no exemption from these requirements for small or large size negative pressure tent enclosure work areas. The amount of material abated within each regulated abatement work area determines the project size clearance air sampling requirements for each regulated abatement work area.
(1) Aggressive sampling techniques. The following aggressive sampling techniques must be used for Phase II C clearance air sampling:
(i) Pre-sampling agitation. Before starting the air sampling pumps, the exhaust of forced air equipment shall be directed against all walls, ceilings, floors, ledges, and other surfaces in the rooms. This shall continue for at least five minutes per 1,000 square feet of floor space.
(ii) Ongoing agitation. At least a 20-inch fan shall be placed in the center of each room. One fan per 10,000 cubic feet of room space shall be used. The fan shall be operated on slow speed and pointed toward the ceiling.
(iii) Begin sampling. The sampling pumps shall then be turned on.
(iv) End sampling. When sampling has been completed, the sampling pump shall be turned off first, followed by the fan.
(2) Number and location of samples — large project. A minimum of 10 area samples shall be taken. Five samples shall be taken inside the regulated abatement work area and five samples shall be taken outside of the regulated abatement work area within the building or structure in uncontaminated areas that are within 10 feet of the isolation barriers. One additional inside sample shall be required for every 5,000 sq. ft. above 25,000 sq. ft. of floor space within the regulated abatement work area. If the entire building/structure is the regulated abatement work area, the five area samples outside the regulated abatement work area shall be eliminated and one sample shall be collected outside the building/structure within 10 feet of isolation barriers.
(3) Number and location of samples — small project. A minimum of six samples shall be taken. Three samples shall be taken inside the regulated abatement work area and three samples shall be taken outside of the regulated abatement work area, within the building or structure, in the uncontaminated areas within 10 feet of the isolation barriers. If the entire building/structure is the regulated abatement work area, the three area samples outside the regulated abatement work area shall be eliminated and one sample shall be collected outside the building/structure within 10 feet of the isolation barriers.
(4) Number and location of samples — minor asbestos projects and minor size regulated abatement work areas. For a minor asbestos project, air samples are not required unless the glove bag or tent fails or if it is an incidental disturbance asbestos project, in which case the following sampling will be required. Also, if a minor size regulated abatement work area is part of a small or large asbestos project, the following sampling will be required per minor size regulated abatement work area.
(i) Clearance air sampling. A minimum of two samples shall be collected. One sample shall be collected inside the regulated abatement work area and one sample shall be collected outside of the regulated abatement work area, within the building or structure, in an uncontaminated area within 10 feet of the isolation barriers.
(e) Exemption from clearance air sampling.
Clearance air sampling is not required for exterior asbestos projects completed without a negative pressure enclosure. When clearance sampling is not required as per this Part, once the final cleaning is complete, the appropriate waiting/settling or drying time requirements, as defined in section 56-9.1 of this Subpart shall commence. Once the appropriate time period has elapsed, a visual inspection shall be completed by the project monitor to confirm that the scope of abatement work for the asbestos project is complete, and no visible asbestos debris/residue, pools of liquid, or condensation remain. The asbestos abatement contractor supervisor must complete a satisfactory visual inspection for completeness of abatement and cleaning, prior to commencement of the project monitor visual inspection.
(1) Project monitor visual inspection. An appropriately trained and certified project monitor, contracted by the building/structure owner, independent of the asbestos abatement contractor, shall complete the visual inspection. The project monitor visual inspection for completeness of abatement and completeness of cleanup shall be performed as per the provisions of the current ASTM standard E1368 "Standard Practice for Visual Inspection of Asbestos Abatement Projects". If the property owner is the asbestos abatement contractor for the asbestos project, the owner shall contract with an independent project monitoring firm asbestos contractor for the necessary visual inspection on the asbestos project. The asbestos abatement contractor and property owner, prior to the scheduling of the required visual inspection, shall provide a complete abatement scope of work for the asbestos project to the project monitor. An entry shall be made into the asbestos abatement contractor supervisor's daily log by both the supervisor and the project monitor performing the inspection, detailing the findings of the visual inspection. The full name and NYSDOL asbestos handling certificate number of the certified project monitor performing the inspection shall also be documented in the supervisor's daily log. If the regulated abatement work area is determined to be acceptable, this qualified project monitor may authorize breakdown of the regulated abatement work area, removal of all remaining barriers and waste removal from the site.
(2) Exemption from project monitor visual inspection. Asbestos projects which are exempt from clearance air sampling requirements at one or two-family owner occupied residential buildings/structures, are also allowed an exemption from the project monitor visual inspection requirements. For asbestos projects utilizing this exemption, once final cleaning is complete, a visual inspection shall be completed by the supervisor to confirm that the scope of abatement work for the asbestos project is complete, and no visible debris/residue, pools of liquid, or condensation remain. The results of this inspection shall be documented by the supervisor in the asbestos abatement contractor daily project log, and once the asbestos project is complete the supervisor shall also obtain the owner's written acceptance of the final results of the asbestos project within the daily project log.
(f) Satisfactory clearance air sample results.
The clearance air sample results shall be considered acceptable when the clearance criteria in section 56-4.11 of this Part have been satisfied.
(g) Unsatisfactory clearance air sample results.
Required actions if the non-exempt regulated abatement work area clearance air sampling results are unsatisfactory are as follows:
(1) Recleaning. If the results of inside work area group of air samples are unsatisfactory, recleaning of regulated abatement work area surfaces using wet methods is required, with the negative air pressure equipment operating as per the requirements of this Part. If only the results of the outside work area group of air samples are unsatisfactory, clean-up of surfaces outside of the regulated abatement work area using HEPA-vacuums and wet-cleaning methods shall be performed.
(2) Collection of new samples.
(i) If the results of inside work area group of air samples are unsatisfactory, after recleaning of work area surfaces, clearance air sampling shall not commence until the appropriate waiting/settling or drying time requirement as per subdivision (f) of this section has elapsed and no visible asbestos debris/residue, pools of liquid, or condensation remain, then collection and analysis of an additional full set (both inside and outside work area samples) of clearance air samples as required by subdivision (d) of this section shall be completed. Samples shall be placed in the same positions as before, and the new samples analyzed for concentrations of airborne fibers.
(ii) If only the results for the outside work area group of air samples are unsatisfactory, following clean-up of surfaces outside of the regulated abatement work area, collection and analysis of an additional group of outside work area clearance air samples as required by subdivision (d) of this section shall be completed. Samples shall be placed in the same positions as before, and the new samples analyzed for concentrations of airborne fibers.
(3) Repeating air sampling and analysis. The requirements of this subdivision shall be repeated until satisfactory clearance air sampling results have been achieved, for all non-exempt regulated abatement work areas throughout the entire work site.
12 CRR-NY 56-9.2
Current through May 31, 2019
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