2. Laboratory Certification. The laboratory used for air sample or bulk sample analysis shall be one approved by the New York State Department of Health Environmental Laboratory Approval Program (NYSDOH ELAP) for the selected asbestos analysis methodology.
3. Independent Third Party Sampling and Analysis. A third party air sampling firm asbestos contractor, who must be contracted by the property owner or owner's agent, and is completely independent of all asbestos abatement contractors involved with the asbestos project,.
4. Exception. If the property owner is the asbestos abatement contractor for the asbestos project, the owner shall contract with an independent air sampling firm asbestos contractor for the necessary project air sampling and analysis on the asbestos project.
5. Asbestos Contractors Allowed to Perform Project Air Sampling on an Asbestos Project. Air sampling procedures shall not be performed by any asbestos contractor involved with the asbestos project, except as follows: The non-abatement asbestos contractor firm that performed the building/structure asbestos survey, or is acting as the project monitor or project designer on the asbestos project, may perform project air sampling and analysis, provided that the individual or firm performing the building/structure asbestos survey or acting as project monitor or project designer, will not perform any asbestos abatement work on the project and has not retained or been retained by the asbestos abatement contractor for work on the asbestos project, unless the asbestos abatement contractor is also the property owner.
6. Air Sample Log. A project air sample log shall be created by the firm performing the project air sampling, and it shall contain the following information for all area air samples collected on the asbestos project:
(a) Name of the firm and the certified air sampling technician performing the project air sampling, per workshift or day, for all area air samples collected.
(b) Dates of project air sample collection, per workshift or day, of area air samples, with appropriate reference to the regulated abatement work area to which the air samples apply.
(c) Sample locations sketch, identifying all project air sample locations, per workshift or day, of area air samples. If identical locations are utilized for each workshift or day, of area samples collected throughout a sub-phase of the asbestos project (IIA, IIB or IIC), only one sketch is required for all workshift or day of area samples collected for that specific sub-phase of the asbestos project.
(d) The identifying information for each area air sample collected.
(e) Sampling time (24-hour clock) and duration for each area air sample collected.
(f) Flow rate primary or secondary calibration device identification number, method of flow rate primary or secondary device calibration and date of last calibration, per workshift or day of area air samples.
(g) Flow rate of sampling pumps with pre and post calibration listed for each area air sample collected.
(h) Chain of custody for each workshift or day of area air samples.
7.Test Methods. 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. Phase Contrast Microscopy (PCM) shall be the minimum acceptable method of analysis. In lieu of PCM clearance air sampling and analysis, the building/structure owner may elect to utilize TEM air sampling and analysis to meet clearance air sampling requirements. If Transmission Electron Microscopy (TEM) is the selected method of analysis, the clearance criteria and sampling protocols of the Asbestos Hazard Emergency Response Act (AHERA) shall be used. If PCM air sample analysis results exceed the satisfactory clearance air criteria under this Part, then TEM analysis of the entire set of clearance air samples may be used, provided that a standard NIOSH/ELAP accepted laboratory analysis method is used that shall report each air sample result in fibers per cubic centimeter, for appropriate correlation to the original unsatisfactory PCM clearance air sample results and the established background levels, and provided that a report is submitted to the Commissioner for the entire set of clearance air sample PCM and TEM laboratory analyses.
Air Sampling Equipment.
(a) Sampling Equipment. Area air sampling shall be performed using GFCI protected pumps with associated tubing, supports and airflow measuring, metering or recording devices.
(b) Duration, Flow Rate and Calibration. Area air samples, except for background and clearance air samples, shall be collected and air samplers run for each entire work shift. Area air samples must be collected with a minimum flow rate capacity of two (2) liters per minute and a maximum flow rate consistent with the applicable accepted air sampling and analysis methodology. The flow rate for each air sample shall be pre-calibrated and post-calibrated at the beginning and end of each air sample collection. The calibrations shall be recorded. Primary and secondary calibration devices shall be calibrated as per NYS DOH ELAP requirements. The air sampling technician shall be on-site to observe and maintain air sampling equipment for the duration of air sample collection.
(c) Placement of Air Sampling Equipment. Air sampling equipment shall be in place and operational as follows:
(1) Placement of Regulated Abatement Work Area Indoor Air Sampling Equipment. Air sampling equipment shall not be placed in corners of rooms or near obstructions. Samplers shall be placed randomly around the regulated abatement work area. If the regulated abatement work area contains a number of rooms equivalent to the number of required samples based on floor area, a sampler shall be placed in each room. When the number of rooms is greater than the required number of samples, a representative number of rooms shall be selected, but in no case shall fewer samples be collected than the required number of samples based upon floor area.
(2) Placement of Outdoor Air Sampling Equipment. Outdoor air sampling equipment shall be placed four (4) to six (6) feet above grade level and at least ten (10) feet away from obstructions that may influence wind patterns. If access to electricity and security concerns dictates a rooftop site, locations within ten (10) feet of vents or other structures on the roof shall be avoided.
(3) Samplers Outside of the Regulated Abatement Work Area. Air sampling equipment shall be placed outside the regulated abatement work area within ten (10) feet of the critical barriers, decontamination enclosure entrances/exits and negative air ducts and exhausts, as applicable. (See Table 2 )
Area Air Sample Analysis and Results ' General Requirements
(a) Turnaround Time.
For project air samples collected during the asbestos project, the
period of time permitted between completion of air sample collection
and receipt of results on the job site shall be equal to or less than
48 hours.
(b) Microscope Detail. The methodology chosen for sampling,
analysis, and the microscope type, make, and model number shall be
included in the results.
(c) Sample Records. All project air samples shall have a chain
of custody.
Number and Location of Samples Required.
The amount of ACM, PACM or asbestos material to be abated within the
regulated abatement work area determines the asbestos project air
sampling requirements for that specific regulated abatement work area.
(a) Phase I B Background Pre-Abatement Air Samples. Required
for Large and Small asbestos projects. (See Table 2 and Subpart 56-6)
(b) Phase II A Regulated Abatement Work Area Preparation Air
Samples. Required for Large asbestos projects with OSHA Class I or
OSHA Class II friable ACM subject to handling/abatement.
(c) Phase II B Asbestos Handling Air Samples. Required for
Large asbestos projects.
(d) Phase II C Final Cleaning & Clearance Air Samples. Required
for Large, Small and some Minor asbestos projects.
Work Stoppage Criteria During Phase II A through II C.
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
preparation, abatement or cleaning activities. A summary of clean up
activities and the results of barrier 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.
(a) Submission of Elevated Air Sample Results Collected During
Phase II A through II C. The air sampling asbestos contractor
shall submit to the Commissioner, all PCM air sample results for air
samples collected during Phase II A through II C along with background
results, if they are greater than or equal to 0.01 fibers per cubic
centimeter or the established background level, whichever is greater.
Upon receipt of elevated air sample results, the air sample results
shall be submitted immediately, within the same business day, to the
Commissioner in care of the appropriate district office of the
Asbestos Control Bureau, where the project takes place.
Phase II C Satisfactory Clearance Air Sample Results Criteria.
(a) PCM Clearance Criteria. The PCM clearance air sample
results shall be considered satisfactory when every clearance air
sample demonstrates an airborne concentration of fibers of less than
0.01 fibers per cubic centimeter, or the established background
level(s), whichever is greater.
(b) TEM Clearance Criteria. If TEM is the selected method of
clearance air sampling and analysis, the clearance criteria and
sampling protocols of AHERA shall be used. If PCM air sample analysis
results exceed the satisfactory clearance air criteria under this
Part, then TEM analysis of the entire set of clearance air samples may
be used, provided that a standard accepted laboratory analysis method
is used that shall report each air sample result in fibers per cubic
centimeter, for appropriate correlation to the original unsatisfactory
PCM clearance air sample results and the established background
level(s). When AHERA TEM air sampling protocols are not used (i.e. TEM
analyses of failed PCM air samples), PCM clearance criteria apply
(c) Submission of Satisfactory Clearance Air Sample Results.
The air sampling asbestos contractor shall submit to the Commissioner,
all satisfactory PCM clearance air sample results along with
background results, if they are greater than or equal to 0.01 fibers
per cubic centimeter. The air sampling asbestos contractor shall also
submit to the Commissioner, all sets of satisfactory TEM analyses of
previously unsatisfactory PCM clearance air sample results, along with
the unsatisfactory PCM results. These air sample results shall be
submitted, within two (2) business days of receipt of satisfactory
clearance air results, to the Commissioner in care of the appropriate
district office of the Asbestos Control Bureau, where the project
takes place.
Unsatisfactory Clearance Air Sample Results.
If the regulated abatement work area clearance air sampling results
are unacceptable, the following requirements apply:
(a) If the results of the inside work area group of air samples are
unsatisfactory, recleaning of regulated abatement work area surfaces
using wet methods, followed by another drying time period and then
collection and analysis of an additional full set (both inside and
outside work area samples) of clearance air samples is required.
(b) If only the results of the outside work area group of air samples
is unsatisfactory, clean-up of surfaces outside of the regulated
abatement work area using HEPA-vacuums and wet-cleaning methods shall
be performed prior to collection and analysis of an additional group
of outside work area clearance air samples.
(c) This recleaning/clean-up and sampling process shall be repeated
until satisfactory clearance air sampling results have been achieved
for all asbestos project non-exempt regulated abatement work areas
throughout the entire work site.
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 all Large size projects with OSHA
Class I or OSHA Class II friable ACM subject to handling/abatement. 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 A activities.
(c) Number And Location Of Samples ' Large Asbestos Projects. A
minimum of five (5) samples shall be taken on a daily basis. The
location of samples to be taken are as follows:
(1) A minimum of two (2) samples shall be taken outside the regulated
abatement work area, within ten (10) feet of the isolation or critical
barriers. When positive pressurized HVAC ducts are located within the
regulated abatement work area, one of these samples shall be collected
within ten (10) feet of an HVAC diffuser, at the downstream side of
the positive pressurized HVAC ducts, in adjoining non-work areas.
Where the entire building/structure is the regulated abatement work
area, an additional exterior ambient air sample shall be taken.
(2) A minimum of one (1) sample shall be taken outside the regulated
abatement work area, within ten (10) feet of and within proximity to
each entrance or exit from the regulated abatement work area.
(3) One (1) ambient air sample shall be taken outside the building or
structure within twenty-five (25) feet of the building or structure.
(4) Once the negative air systems have been established, one (1)
sample shall be taken in front of and within ten (10) feet of each
unobstructed, negative pressure ventilation equipment exhaust or bank
(grouping of not more than five (5) exhaust ports at one termination
area) of exhausts but not within a duct itself.
(5) Once the negative air systems have been established, where
negative ventilation unit exhaust ducts run through the non-work area
portions of a building or structure to access the exterior, one (1)
sample shall be collected in the building or structure, within ten
(10) feet of the duct system.
(6) If remote decontamination units are used, one (1) sample shall be
collected at each entrance/exit from each personal decontamination and
waste decontamination enclosure.
Work Stoppage Criteria During Phase II A 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
work area preparation activities. A summary of clean up activities and
the results of barrier 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. No ACM, PACM or asbestos material shall be
disturbed during Phase IIA activities.
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. 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 B activities.
(1) Number And Location Of Samples ' Large Asbestos Projects. A
minimum of five (5) samples shall be taken on a daily basis. The
locations of samples to be taken are the same as specified for Phase
IIA.
Work Stoppage Criteria During Phase II B 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 clean up activities and the results
of barrier 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 (5) 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 (1) 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 ten (10) area samples shall be taken. Five (5) samples shall be
taken inside the regulated abatement work area and five (5) samples
shall be taken outside of the regulated abatement work area within the
building or structure in uncontaminated areas that are within ten (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 (5)
area samples outside the regulated abatement work area shall be
eliminated and one (1) sample shall be collected outside the
building/structure within ten (10) feet of isolation barriers.
(3) Number and Location of Samples - Small Project. A minimum
of six (6) samples shall be taken. Three (3) samples shall be taken
inside the regulated abatement work area and three (3) samples shall
be taken outside of the regulated abatement work area, within the
building or structure, in the uncontaminated areas within ten (10)
feet of the isolation barriers. If the entire building/structure is
the regulated abatement work area, the three (3) area samples outside
the regulated abatement work area shall be eliminated and one (1)
sample shall be collected outside the building/structure within ten
(10) feet of the isolation barriers.
(4) Number And Location Of Samples ' Minor Asbestos Projects &
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 (2) samples shall
be collected. One (1) sample shall be collected inside the regulated
abatement work area and one (1) sample shall be collected outside of
the regulated abatement work area, within the building or structure,
in an uncontaminated area within ten (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 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 asbestos abatement contractor's 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 asbestos
abatement contractor's supervisor in the asbestos abatement contractor
daily project log, and once the asbestos project is complete the
asbestos abatement contractor's 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 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 for the 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 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 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 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 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.
PHASE II D FINAL WASTE REMOVAL FROM SITE REQUIREMENTS.
Air Sampling Requirements
(a) Satisfactory Clearance Air Results. Satisfactory clearance
air results must be obtained, for all non-exempt regulated abatement
work areas, before final waste removal from the site may be completed.