SUBPART 56-2

DEFINITIONS

56-2.1 Terms. As used in or in connection with this Part, the following terms mean:

(a) Abatement. Any portion of an asbestos project that includes procedures to control fiber release from asbestos containing material. This includes removal, encapsulation, enclosure, repair, or handling of asbestos material that may result in the release of asbestos fiber.

(b) Accepted Methods/Methodologies. Procedures, regulations, or standards, which are published by recognized standards organizations (e.g. NIOSH, ASTM, ANSI), or are included within federal, state or local governmental regulations (e.g. OSHA, USEPA).

(c) Active Project. A project becomes active when construction of the personal decontamination unit is required to be commenced, or when ACM, PACM or asbestos material is disturbed, whichever comes first, and is considered active until completion of Phase IID, unless, in response to a written request, permission is granted by the Department of Labor Engineering Services Unit to suspend the work on the project for a specified time period.

(d) Additional Contractual Work. Additional asbestos abatement work not originally included within the NYS DOL asbestos project notification.

(e) Adequately Wet. Sufficiently mix or penetrate a material with amended water to prevent the release of visible emissions. If visible emissions are observed coming from asbestos-containing material, then the material has not been adequately wetted.

(f) Aggressive Air Sampling. An accepted method of sampling in which mechanical equipment is used before and during the sampling period to stir up settled dust/asbestos fibers.

(g) Agricultural Building/Structure. A building/structure which is or was used exclusively for agricultural or horticultural activity. This definition does not include converted structures or buildings currently used for residential purposes or the processing or retail merchandising of agricultural or horticultural commodities.

(h) Airlock. A system for permitting entrance and exit, while restricting air movement, between a contaminated area and an uncontaminated area.

(i) Air Sampling. The process of measuring the fiber content of a known volume of air collected during a specific period of time, using accepted methodologies.

(j) Ambient Air Sampling. A method of sampling by which an air sample is collected outside the regulated abatement work area, and is collected without the use of aggressive air sampling techniques.

(k) Amended Water. Water to which a surfactant has been added.

(l) Approved Asbestos Safety Training Program. A program, approved by the New York State Commissioner of Health, providing training in the various disciplines that may be involved in an asbestos project.

(m) Asbestos. Any naturally occurring hydrated mineral silicate separable into commercially usable fibers, including chrysotile (serpentine), amosite (cumingtonite-grunerite), crocidolite (riebeckite), tremolite, anthophyllite and actinolite.

(n) Asbestos Abatement Contractor. An asbestos contractor who performs abatement during an asbestos project or employs persons performing such abatement.

(o) Asbestos Abatement Contractor Daily Project Log. A bound daily narrative journal maintained by the asbestos abatement contractor, which contains a synopsis of all pertinent events that occur throughout Phase II of the asbestos project.

(p) Asbestos Containing Material (ACM). Any material containing greater than one percent (1%) of asbestos, also known as Asbestos Material.

(q) Asbestos Contractor. The State, any political subdivision of the State, a public authority or any other governmental agency or instrumentality thereof, self-employed person, company, unincorporated association, firm, partnership or corporation and any owner or operator thereof, which engages in any portion of an asbestos project, or employs persons engaged in any portion of an asbestos project.

(1) Exception: Property owners or prime contractors who hire asbestos contractors, but do not, themselves, direct or control the work.

(r) Asbestos Control Bureau. Asbestos Control Bureau, Division of Safety and Health, New York State Department of Labor.

(s) Asbestos Handler (Worker). Any person who performs the duties described in Section 56.3.2(d)(1) of this Part.

(t) Asbestos Handling Certificate. A certificate issued by the Commissioner in any of the categories set forth in Section 56-3.2(d) of this Part.

(u) Asbestos Handling License. A license issued by the Commissioner pursuant to Section 56-3.1 of this Part.

(v) Asbestos Material. Any material containing greater than one percent (1%) of asbestos, also known as Asbestos Containing Material (ACM).

(w) Asbestos Project. Work that involves the removal, encapsulation, enclosure, repair or disturbance of friable or non-friable asbestos, or any handling of asbestos material that may result in the release of asbestos fibers. For the purpose of compliance with this Part, an asbestos project shall include any disturbance of asbestos fibers, and the planning, asbestos survey (as per Subpart 56-5.1), design, background air sampling, inspection, air sampling and oversight of abatement work, cleanup, and the handling of all asbestos material subject to abatement, as well as the supervising of such activities. Installation of friable ACM shall also be considered an asbestos project. An asbestos project starts with Phase I when the planning, asbestos survey, and design work begins or is required to begin. The project shall not be considered completed until Phase II D is complete. (See Table 1 Below).

Table 1

ASBESTOS PROJECT PHASES OF WORK

Phase I

(Prior to Asbestos Abatement Contractor Mobilization)

Pre-Abatement

Phase II

Start-------------------------Abatement-------------------------End

Asbestos Survey, Planning & Design

Background Air Sampling

Regulated Abatement Work Area(s) Preparation & Enclosure Construction

Asbestos Handling including,Gross Removal or Abatement, Initial Cleans and Waste Removal

Final Cleaning & Clearance Air Samples

Final Waste Removal From Site

Start----------------------------------Asbestos Project------------------------------------End

(1) Where any work is subcontracted, only that part of the work involving asbestos shall be deemed to be an asbestos project.

(2) Asbestos projects include Large asbestos projects, Small asbestos projects, Minor asbestos projects, incidental disturbance asbestos projects and emergency projects as defined elsewhere in this Part. For purposes of licensing, certification, notification, air sampling and asbestos survey requirements, asbestos projects shall include in-plant operations.

(i) Large asbestos project. An asbestos project involving the removal, disturbance, enclosure, encapsulation, repair or handling of 160 square feet or more of ACM, PACM or asbestos material or 260 linear feet or more of ACM, PACM or asbestos material.

(ii) Small asbestos project. An asbestos project involving the removal, encapsulation, enclosure, repair, disturbance or any handling of more then 10 and less than 160 square feet of ACM, PACM or asbestos material or more than 25 and less than 260 linear feet of ACM, PACM or asbestos material.

(iii) Minor asbestos project. An asbestos project involving the removal, disturbance, repair, encapsulation, enclosure or handling of 10 square feet or less of ACM, PACM or asbestos material, or 25 linear feet or less of ACM, PACM or asbestos material.

(x) Asbestos Project Air Sampling Technician. An individual who performs the duties described in Section 56-3.2(d)(3) of this Part.

(y) Asbestos Survey. A thorough inspection for and identification of all PACM, suspect ACM, or asbestos material throughout the building/structure or portion thereof to be demolished, renovated, remodeled, or repaired. (See Subpart 56-5)

(z) Asbestos Waste. ACM, PACM, asbestos material or asbestos contaminated objects requiring disposal pursuant to applicable laws or regulations. This includes RACM as well as Category I and II Non-Friable ACM.

(aa) Authorized Visitor. Any party on an asbestos project, who has to enter the asbestos project restricted area or regulated abatement work area for emergency purposes or regulatory compliance inspections. Examples include the building/structure owner, his or her agent or representative, utility company representatives, the Commissioner or his or her agents, and personnel of any regulatory agency having jurisdiction over the project. Visitors shall comply with all applicable requirements of OSHA 29 CFR 1926.

(ab) Background Air Sampling. A method used to determine airborne fiber concentrations in the area where abatement work is to be conducted, prior to starting Phase II A of the asbestos project.

(ac) Barriers. Critical Barriers and Isolation Barriers.

(ad) Building/Structure. A structure wholly or partially enclosed within exterior walls and a roof, intended to afford shelter to persons, animals or property; or a structure used as a conveyance for utilities, vehicular traffic or pedestrians (e.g. bridge, tunnel, manhole, subsurface conduits).

(ae) Building/Structure Owner. The State, any political subdivision of the State, a public authority or any other governmental agency or instrumentality thereof, person, company, unincorporated association, firm, partnership or corporation in whom legal title to the premises is vested unless the premises are held in land trust, in which instance building/structure owner means the person in whom beneficial title is vested.

(af) Building/Structure Owner’s Authorized Representative. A licensed asbestos contractor firm contractually responsible for execution of any building owner’s responsibility, as required by this Part, during any phase of an asbestos project at the building owner’s building/structure.

(ag) Bulk Sampling. Accepted methods for collecting samples of suspect materials for appropriate analyses by NYS ELAP approved laboratories, to determine asbestos content.

(ah) Category I Non-Friable ACM. NESHAP classification - Asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products, containing more than one percent (1%) asbestos, that when dry, can not be crumbled, pulverized, or reduced to powder by hand pressure.

(ai) Category II Non-Friable ACM. NESHAP classification - Any material, excluding Category I Non-Friable ACM, containing more than one percent (1%) asbestos, that when dry, can not be crumbled, pulverized, or reduced to powder by hand pressure.

(aj) Class I Asbestos Work. OSHA term meaning activities involving the abatement of Thermal Systems Insulation (TSI), and surfacing ACM and PACM.

(ak) Class II Asbestos Work. OSHA term meaning activities involving the abatement of ACM which is not TSI or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.

(al) Class III Asbestos Work. OSHA term meaning Repair and Maintenance operations, where no more than a minor quantity of ACM, including TSI and surfacing ACM and PACM, is likely to be disturbed.

(am) Class IV Asbestos Work. OSHA term meaning Maintenance and Custodial Activities during which employees contact but do not disturb ACM or PACM and activities to clean up non-ACM dust, waste and debris resulting from Class I, II and III activities.

(an) Clean Room. An uncontaminated area or room, which is a part of the personal decontamination enclosure, with provisions for storage and changing of persons’ street clothes and protective equipment.

(ao) Cleanup. The utilization of HEPA-vacuuming or wet cleaning or both to control and eliminate accumulations of asbestos material and asbestos waste material.

(ap) Clearance Air Sampling. An accepted method of air sampling used upon completion of final cleaning, during Phase IIC of an asbestos project. This method consists of using aggressive air sampling techniques to dislodge and stir up remaining asbestos fibers, then air samples are collected for appropriate analysis to determine representative airborne fiber concentrations.

(aq) Commissioner. The Commissioner of the New York State Department of Labor.

(ar) Containment. The negative-pressurized enclosure within the restricted area, which establishes the regulated abatement work area and surrounds the location where the asbestos abatement is actually taking place.

(as) Critical Barrier. Barriers that seal off all openings to or within the defined regulated abatement work area, including but not limited to operable windows and skylights, doorways, ducts, grills, diffusers and any other penetrations to surfaces adjacent to or within the regulated abatement work area.

(at) Curtained Doorway. An assembly which consists of at least three (3) overlapping sheets of 6-mil fire retardant plastic over an existing or temporarily framed doorway, used to separate the chambers within the decontamination system enclosures and to inhibit airflow if the negative air ventilation system shuts down.

(au) Decontamination System Enclosure. A series of connected rooms, usually attached to the regulated abatement work area, for the decontamination of persons, materials and equipment.

(av) Demolition. The wrecking or removal of any load-supporting structural member of a building or structure.

(aw) Department. The New York State Department of Labor.

(ax) Disturbance. Any activities that disrupt the matrix of ACM or PACM, or generate debris, visible emissions or airborne asbestos fibers from ACM or PACM. This includes moving of friable asbestos containing material from one place to another.

(ay) Emergency. An unexpected, unanticipated or unforeseen occurrence, including but not limited to, a steam, chemical, gas or water line rupture, a boiler failure, a building/structure collapse, or act of nature which may pose:

(1) an imminent danger to the health and safety of the public; or

(2) an asbestos-related risk to the health and safety of the public from release of asbestos fibers.

(az) Emergency Asbestos Project. An asbestos project which is necessary to respond to an emergency.

(ba) Encapsulant (Sealant) or Encapsulating Agent. A liquid material, which can be applied to asbestos material and which prevents the release of asbestos fibers from the material either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together and to the substrate (penetrating encapsulant). See Sealant.

(bb) Encapsulation. Abatement consisting of the coating or spraying of asbestos material with an encapsulant (sealant) or encapsulating agent.

(bc) Enclosure. Abatement consisting of the construction of airtight walls, ceilings and floors between the asbestos material and the building/structure environment, or around surfaces coated with asbestos material, or any other appropriate procedure as determined by the Department, which prevents the release of asbestos fibers.

(bd) EPA. The United States Environmental Protection Agency.

(be) Equipment Room. A contained area or room which is part of the personal decontamination system enclosure with provisions for the storage of contaminated clothing and equipment.

(bf) Fiber (Asbestos Fiber). Generally, a slender or elongated structure, which results from the break up of ACM, PACM or asbestos material. However, the definition of an asbestos fiber is also dependent upon the approved accepted method of air sampling and analysis utilized for the specific phase of the asbestos project.

(bg) Fixed Object. Equipment, furniture or other item that is affixed, as a whole, to a floor, ceiling, wall or other building structure or system.

(bh) Friable. Any material that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure, or is capable of being released into the air by hand pressure.

(bi) Glovebag. A manufactured impervious bag-like enclosure constructed of at least six (6) mil transparent plastic, seamless at the bottom, with inward-projecting long sleeve glove(s), which may also contain an inward-projecting water-wand sleeve, an internal tool pouch, and an attached, labeled receptacle or portion for asbestos waste. The glovebag is constructed and installed to surround the object or area to be decontaminated and contain all asbestos fibers released during the abatement process.

(bj) Glovebag Technique. A method for removing asbestos material from heating, ventilating, and air conditioning (HVAC) ducts, piping runs, valves, joints and elbows, and other non-planar surfaces, by use of a glovebag.

(bk) Glue. A material used as an adhesive, such as the material used to hold tiles to a surface. See Mastic.

(bl) HEPA-Filter. A high efficiency particulate air filter capable of trapping and retaining 99.97 percent of all mono-dispersed particles of 0.3 microns in diameter or larger.

(bm) HEPA-Vacuum Equipment. Vacuuming equipment designed for abatement, with a high efficiency particulate air filtration system.

(bn) Holding Area. A chamber in the waste decontamination enclosure utilized for temporary storage of containerized ACM waste, prior to transfer to waste transport vehicle.

(bo) Incidental Disturbance. The unintentional disturbance of, ACM, PACM, or asbestos material.

(bp) Incidental Disturbance Asbestos Project. The cleanup, repair or encapsulation of less than 10 square feet or less than 25 linear feet of incidentally disturbed ACM, PACM or asbestos material.

(bq) Inspector. Any person who performs the duties described at Section 56-3.2(d)(4) of this Part.

(br) Intact. Asbestos material that has not crumbled, been pulverized, or otherwise been damaged or disturbed, and the material’s matrix has not noticeably deteriorated.

(bs) Intermediate Portions of a Project. The discrete abatement segments that will take place where non-continuous interim notifications are required, as per Section 56-3.4(b)(4)(v), for large asbestos projects

(bt) Isolation Barriers. Installed temporary hardwall barriers that complete the containment enclosure and establish the regulated abatement work area.

(bu) Lockdown Encapsulant. A thinned out bridging encapsulant used for lockdown purposes to assist with cleanup as per this Part.

(bv) Management Planner. Any person who performs the duties described at Section 56-3.2 (d) (9) of this Part.

(bw) Mastic. A pasty material used as an adhesive.

(bx) Mounted Object. Equipment, furniture, or other item that is attached, in whole or in part, to a floor, ceiling, wall or other building structure or system or to a fixed object.

(by) Movable Object. Equipment, furniture or other item that is not attached or affixed, in whole or in part, to a floor, ceiling, wall or other building structure or system or to a fixed object.

(bz) Multi-employer Work Sites. Any demolition, renovation, remodeling or repair project work site, which includes work covered by this part, where more than one employer is reasonably expected to be on-site during the project.

(ca) Multiple Abatement. The abatement of more than one type of ACM within the same containment.

(cb) Negative Air Pressure Equipment. A local exhaust system, capable of maintaining air pressure within a containment at a lower pressure than the air pressure outside of such containment, and which provides for HEPA filtration of all air exhausted from the containment.

(cc) NESHAP. National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61).

(cd) NIOSH. The National Institute for Occupational Safety and Health.

(ce) Non-Asbestos Material. Any material documented to contain one percent (1%) or less of asbestos.

(cf) Non-Friable. Any material that when dry, can not be crumbled, pulverized, or reduced to powder by hand pressure, and is not capable of being released into the air by hand pressure.

(cg) Non-Friable Organically Bound (NOB) Asbestos Material. Non-friable asbestos materials embedded in flexible-to-rigid asphalt or vinyl matrices, including but not limited to flooring materials, adhesives, mastics, asphalt shingles, roofing materials and caulks.

(ch) Occupied Area. Any frequented portion of the work site where abatement is not taking place.

(ci) Operations and Maintenance Worker. Any person who performs the duties described at Section 56-3.2 (d) (5) of this Part.

(cj) OSHA. The Occupational Safety and Health Administration.

(ck) Outside Air. The air immediately outside the building or structure in which an asbestos project is performed.

(cl) Person. Any natural person.

(cm) Personal Air Sampling. Air sampling located in a worker’s breathing zone.

(cn) Personal Decontamination System Enclosure. An area designated for controlled passage of all persons to and from the regulated abatement work area.

(co) Personal Protective Equipment (PPE). Disposable work suits or coveralls, head covering, eye protection, footwear, gloves and appropriate NIOSH-approved respirators with appropriate NIOSH-approved filters.

(cp) Plasticize. To cover floors, walls, ceilings or other surfaces with 6-mil fire-retardant plastic sheeting.

(cq) Presumed Asbestos Containing Material (PACM). All Thermal System Insulations and Surfacing Materials found in buildings constructed no later than 1980. PACM is considered to be ACM unless proven otherwise by appropriate bulk sampling and laboratory analyses.

(cr) Project Air Sampling. Area air sampling conducted in accordance with Subpart 56-4 of this Part during the course of the asbestos project.

(cs) Project Designer. Any person who performs the duties described at Section 56-3.2(d)(7) of this Part.

(ct) Project Monitor. Any person who performs the duties described at Section 56-3.2(d)(8).

(cu) Public. Any natural person except:

(1) A person engaged in an asbestos project;

(2) An authorized visitor;

(3) Police, fire, or other public safety personnel.

(cv) Receptor. Any opening, which could admit asbestos fibers into a structure if not properly protected. Examples include but are not limited to operable windows, doors, vents, air intakes or exhausts of any mechanical device within a building or structure.

(cw) Regulated Abatement Work Area. The portion of the restricted area where abatement work actually occurs. For tent work areas, the interior of each tent is a regulated abatement work area. For OSHA Class I and Class II asbestos abatement, the interior of the restricted area containment enclosure is the regulated abatement work area. For exterior non-friable asbestos abatement conducted without the establishment of negative air ventilation systems or containment enclosures, the entire restricted area surrounding the abatement location is considered to be the regulated abatement work area.

(cx) Regulated Asbestos-Containing Material (RACM). Friable ACM or PACM, Category I Non-friable ACM that has become friable or has been or will be subjected to sanding, grinding, cutting or abrading, or Category II Non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.

(cy) Remodel. For purposes of this code, remodel shall mean the same as renovation.

(cz) Remote Decontamination System Enclosure. Decontamination systems that are not attached to the regulated abatement work area but are within the work site.

(da) Removal. Abatement, consisting of operations where ACM, PACM or asbestos material is removed or stripped from structures or substrates. This includes demolition operations.

(db) Renovation. The altering of an existing building/structure, or a portion of building/structure components or systems, including the stripping, removal or abatement of ACM from a building or structure. Operations in which load-supporting structural members are wrecked or taken out are demolitions.

(dc) Repair (Asbestos). Abatement, consisting of corrective action for a Minor Asbestos Project using required work practices to control fiber release from damaged ACM, PACM or asbestos material.

(dd) Repair. The replacement, overhaul, rebuilding, reconstructing or reconditioning of any part of a building/structure component or system with like or similar material or parts, due to damage or excessive wear.

(de) Respiratory Protection. NIOSH-approved respirators with appropriate NIOSH-approved filters.

(df) Restricted Area. A restricted area established and marked for the abatement portion of an asbestos project. This area shall include, but not be limited to asbestos project regulated abatement work areas and any contiguous decontamination facilities, adjoining staging areas where work materials, debris or waste from such work may accumulate, remote decontamination areas, and waste storage areas (dumpsters, trailers, etc.).

(dg) Restricted Asbestos Handler (Allied Trades). Any person who performs the duties described at Section 56-3.2 (d) (2) of this Part.

(dh) Satisfactory Clearance Air Sampling Results. See Subpart 56-4.

(di) Sealant. An encapsulating agent. A material which can be applied to asbestos containing material which prevents the release of asbestos fibers from the material either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together and to the substrate (penetrating encapsulant).

(dj) Sequential Abatement. The abatement of different types of asbestos containing material within a common regulated abatement work area in a priority order. (See Section 56-8.6)

(dk) Shower Room. A room between the clean room and the equipment room in the personal decontamination enclosure with hot and cold running water controllable at the tap and arranged for complete showering during decontamination.

(dl) Supervisor. Any person who performs the duties described at Section 56-3.2 (d) (6) of this Part.

(dm) Suspect Miscellaneous ACM. Any suspect asbestos-containing material that is not PACM, such as floor tiles, ceiling tiles, mastics/adhesives, sealants, roofing materials, cementitous materials, etc. A listing of typical suspect miscellaneous ACM can be found in Subpart 56-5. All suspect miscellaneous ACM must be assumed to be ACM, unless proven otherwise by appropriate bulk sampling and laboratory analyses.

(dn) Surfacing Material. Material that is sprayed-on, troweled-on, or otherwise applied to surfaces (such as acoustical or finish plaster on ceilings and walls, and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes).

(do) Surfactant. A chemical wetting agent added to water to reduce the surface tension of the water and improve its penetration for added mitigation of airborne fiber release.

(dp) Tent. A fire retardant polyethylene enclosure that includes walls, ceiling and a floor as required to remove ACM, PACM or asbestos material.

(dq) Thermal System Insulation. Insulation material applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat gain or loss.

(dr) Variance (Site-specific). Relief in accordance with Section 30 of the Labor Law from specific sections of Industrial Code Rule 56 for a specific project.

(ds) Variance (Applicable) (AV). Blanket relief in accordance with Section 30 of the Labor Law from specific sections of Industrial Code Rule 56 for a particular type of project.

(dt) Visible Emission. Any emission of particulate material that can be seen without the aid of instruments.

(du) Washroom. A room between the regulated abatement work area and the holding area in the waste decontamination system enclosure, where equipment and waste containers are wet cleaned or HEPA-vacuumed.

(dv) Waste Decontamination System Enclosure. An area, consisting of a washroom and a holding area separated from each other by airlocks, designated for the controlled transfer of materials and equipment from the regulated abatement work area.

(dw) Waste Staging Area. The area near the waste transfer airlock where containerized asbestos waste has been placed prior to removal from the regulated abatement work area.

(dx) Wet Cleaning. The process of eliminating asbestos contamination from surfaces, equipment or other objects by using cloths, mops, or other cleaning tools that have been saturated with amended water.

(dy) Work Site. Building, structure, parcel of land or premises where an asbestos project takes place.

SUBPART 56-3

ADMINISTRATIVE

56-3.1 Licensing Requirements and Procedures.

(a) License Required. No asbestos contractor shall engage in an asbestos project unless such asbestos contractor has a valid asbestos handling license issued by the Commissioner.

(b) All firms, corporations, or other business entities performing work as asbestos abatement contractors, management planners, project designers, project monitors, allied trades people, inspectors or air sampling monitors shall obtain an asbestos handling license. In addition, individuals employed by such firms, corporations or other business entities shall obtain required and approved training and asbestos certificates appropriate to the tasks performed.

(c) Proof of License. A copy of a valid asbestos handling license or other proof of the issuance of a valid asbestos handling license deemed suitable by the Commissioner shall be submitted by the bidder to the party soliciting bids prior to the award of any contract (public or private), all or part of which involves an asbestos project.

(1) Exception. If the asbestos contractor is a sub-contractor to a prime contractor, the proof of license must be submitted by the prime contractor to the party that awarded the contract, prior to retaining such sub-contractor.

(d) Display of License. A copy of a valid asbestos handling license for all firms, corporations, or other business entities performing work on the asbestos project shall be conspicuously displayed proximate to but outside the regulated abatement work area, during Phase IB and Phase IIA through IID of an asbestos project.

(e) Application for License and Renewal.

(1) Completed applications for a license or renewal of license shall be sent to the address specified in the application package, accompanied by a nonrefundable application fee in the amount set forth in Section 903 of the Labor Law. The fee shall be paid in any form, except cash, deemed acceptable by the Commissioner of Labor in the application package. All payments shall be made payable to the Commissioner of Labor. Any payments which are voided or returned to the Commissioner for any reason shall be subject to a return processing fee in the amount allowed by law and any entity submitting such payments to the Department may be subject to all other appropriate penalties set forth in statute and code, including but not limited to the immediate suspension or revocation of any license granted on the basis of such payment.

(2) All applications for asbestos handling licenses shall be submitted in writing on forms furnished by the Commissioner. Copies of such forms may be obtained from the New York State Department of Labor, Asbestos Licensing and Certification Unit.

(3) Completion of such forms requires inclusion of any information required by the Commissioner.

(4) Each license application shall contain a verified statement by the asbestos contractor applying for the license or its duly authorized representative, that any person employed by the asbestos contractor on any asbestos project shall have a valid asbestos handling certificate as required by this Part, that the asbestos contractor shall provide such person with a copy of this Part and notify him or her of the obligation to abide by its provisions, and that the asbestos contractor shall abide by all the rules and regulations promulgated by the Commissioners of Labor and Health pursuant to Article 30 of the Labor Law. Each license application shall include the name of the certified supervisor designated as the contractor’s agent, as required by section 902(1) of the Labor Law. The certified supervisor requirement shall only apply to asbestos contractor applicants that perform asbestos abatement operations. For non-abatement asbestos contractors, a notarized statement must be included with the license application that indicates their firm’s activities shall not include actual asbestos abatement operations during the period for which the license is valid. Any changes or follow-up to the information contained in the asbestos contractor’s license application, (including but not limited to changes in address, principals, ownership, designated supervisor(s), and insurance coverage,) shall be reported in writing to the Asbestos Licensing and Certification Unit, New York State Department of Labor, within thirty (30) calendar days of the effective date of any change.

(5) The Commissioner shall notify the license applicant in writing, no later than thirty (30) days from receipt of the license application, of the issuance or denial of the license or the need for further information from the applicant in order to process the license application. Notification of denial of a license on any grounds other than failure to complete the license application shall set forth the grounds for such denial.

(6) An applicant denied a license on any grounds other than failure to complete a license application may request a hearing before the Commissioner or his or her designee by submitting a written request for such hearing within ten (10) days of receipt of denial.

(7) An asbestos handling license shall be valid for a period of one year from date of issuance.

(8) Approximately two (2) months prior to the expiration of an asbestos handling license, the Commissioner shall contact the license holder and inform him or her of the need to renew the asbestos handling license. The Commissioner shall also furnish a renewal application to the licensee. The renewal application may request the license holder to inform the Commissioner of any changes in information previously provided to the Division of Safety and Health, Licensing and Certification Unit, and any other information deemed by the Commissioner to be relevant.

(9) The Commissioner shall notify license renewal applicants in writing of the issuance or denial of the license renewal or the need for further information from the applicant in order to process the renewal application. Notification of denial of a license renewal on any grounds other than failure to complete the renewal application shall set forth the grounds for such denial.

(10) An applicant denied renewal of a license on any grounds other than failure to complete a license renewal application may request a hearing before the Commissioner or his or her designee by submitting a written request for such hearing within ten (10) days of receipt of denial.

56-3.2 Certification Requirements and Procedures.

(a) Certification and Training Required. No asbestos contractor shall engage in or permit a person employed by the asbestos contractor to engage in or supervise work on an asbestos project unless each such person has a valid asbestos handling certificate issued by the Commissioner appropriate to the work performed by such person on an asbestos project as defined in this Part. Training for all types asbestos handling certificates shall meet all requirements established by the New York State Department of Health.

(b) Employee Certification. Any person employed by a asbestos contractor on an asbestos project shall have an appropriate asbestos handling certificate or a copy thereof in his or her possession at all times during his or her work on the project. No asbestos contractor shall compel the holder of any asbestos handling certificate to surrender the original certificate. The only exception to the requirement of certification is if the employee has proof that he or she has had the appropriate initial training within the past forty-five (45) days, and is awaiting the asbestos handling certificate. A student copy of the Asbestos Safety Training Certificate (DOH 2832) indicating successful completion of an approved asbestos safety training program is the only acceptable proof of appropriate training. The employee must also have a photo identification card issued by an authorized government entity.

(c) Display of Certificate. A copy of a valid asbestos handling certificate, or a current student copy of the New York State Department of Health Certificate of Asbestos Safety Training Form (DOH 2832) indicating successful completion of an approved initial asbestos safety training program within the past forty-five (45) days along with a copy of a photo identification, shall be conspicuously displayed near but outside the regulated abatement work area on an asbestos project.

(d) Types of Certificates: The following categories of asbestos handling certification shall be issued pursuant to this Subpart:

(1) Asbestos Handler (Worker) Certificate. Any person who removes, encapsulates, encloses, repairs or disturbs friable or non-friable asbestos, or who handles asbestos material in any manner which may result in the release of asbestos fiber, and whose duties are not otherwise described in paragraphs (2) through (9) of this Subdivision shall possess a valid asbestos handler (worker) certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in Subdivision (b) and (c) of this Section. A person who possesses an asbestos handler (worker) certificate shall be responsible for the proper execution of his or her trade as it relates to an asbestos project.

(2) Restricted Asbestos Handler Certificate (Allied Trades Certificate). Any person performing any limited or special tasks in preparation for or ancillary to an asbestos project, such as a carpenter, electrician, plumber or similar occupation, or any other person who may potentially disturb friable or non-friable asbestos during the course of any employment (other than OSHA Class IV asbestos work), shall possess a valid restricted asbestos handler (allied trades) certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in Subdivision (b) and (c) of this Section. This person shall be aware of the health hazards of asbestos and take appropriate precautions to avoid any ACM, PACM or asbestos material disturbance throughout the course of their work. Abatement of any quantity of ACM, PACM or asbestos material is not allowed by this person under any circumstance. A person who possesses a restricted asbestos handler certificate shall be responsible for the proper execution of his or her trade as it relates to an asbestos project.

(3) Asbestos Project Air Sampling Technician Certificate. Any person who performs project air sampling shall possess a valid asbestos project air sampling technician certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in Subdivision (b) and (c) of this Section. A person who possesses an air sampling technician certificate shall be responsible for the proper execution of his or her duties as they relate to an asbestos project.

(4) Inspector Certificate. Any person who performs the limited tasks involved in the asbestos survey, identification and assessment of the condition of asbestos and asbestos material and the recording and reporting thereof, or who is involved in the collection of bulk samples of asbestos material or suspected asbestos material for laboratory analysis shall possess a valid inspector certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in Subdivision (b) and (c) of this Section. A person who possesses an inspector certificate shall be responsible for the proper execution of his duties as they relate to an asbestos project.

(5) Operations and Maintenance Certificate. Any person who performs operations, maintenance and repair activities which may disturb Minor quantities of ACM, PACM or asbestos material shall possess a valid operation and maintenance certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in Subdivision (b) and (c) of this Section. Operation and maintenance certification permits the holder to perform OSHA Class III asbestos work only on Minor asbestos projects. These minor asbestos projects must be associated with repairs required in the performance of emergency or routine maintenance activity, and is not intended solely as asbestos abatement. Such work may not exceed minor quantities of ACM to be disturbed within a single glovebag or a single negative pressure tent enclosure. A person who possesses an operation and maintenance certificate shall be responsible for the proper execution of his duties as they relate to an asbestos project.

(6) Supervisor Certificate. Any person who performs supervision of persons (other than authorized visitors) permitted to enter the restricted area and regulated abatement work area, shall possess a valid supervisor certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in Subdivision (b) and (c) of this Section. A person who possesses a supervisor certificate shall be responsible for the proper execution of his duties as they relate to an asbestos project. The supervisor is also responsible for performing the duties of the OSHA competent person for the asbestos project, consistent with current OSHA regulations.

(7) Project Designer Certificate. Any person who plans the scope, timing, phasing and remediation methods to be utilized on any asbestos project shall possess a valid project designer certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in Subdivision (b) and (c) of this Section. A person who possesses a project designer certificate shall be responsible for the proper execution of his duties as they relate to an asbestos project.

(8) Project Monitor Certificate. Any person other than the asbestos abatement contractor’s supervisor, who oversees the scope, timing, phasing and/or remediation methods to be utilized on and the completeness of any asbestos project shall possess a valid project monitor certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in Subdivision (b) and (c) of this Section. A person who possesses a project monitor certificate shall be responsible for the proper execution of his duties as they relate to an asbestos project.

(9) Management Planner Certificate. Any person who assesses the hazard posed by the presence of asbestos or asbestos containing material and/or who recommends appropriate response actions and a schedule for such response actions shall possess a valid management planner certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in Subdivision (b) and (c) of this Section. A person who possesses a management planner certificate shall be responsible for the proper execution of his duties as they relate to an asbestos project.

(e) Proof of Course Completion. No certificate described in Section 56-3.2(d) of this Part shall be issued without submission, by the applicant, of proof satisfactory to the Commissioner, of successful completion of an approved asbestos safety program.

(f) Age Requirement. Any type of asbestos handling certificate shall not be issued to any person prior to his or her eighteenth birthday.

(g) Application for Certification and Renewal. All applications for any type of asbestos handling certificates and renewals shall be submitted as follows:

(1) Completed applications for any type of asbestos handling certificate or renewal shall be sent to the address specified in the application package, accompanied by a nonrefundable application or renewal application fee in the amount set forth in Section 903 of the Labor Law. The fee shall be paid in any form, except cash, deemed acceptable by the Commissioner of Labor in the application package. All payments shall be made payable to the Commissioner of Labor. Any payments which are voided or returned to the Commissioner for any reason shall be subject to a return processing fee of the amount allowed by law and any entity submitting such checks to the Department may be subject to all other appropriate penalties set forth in statute and code, including but not limited to the immediate suspension or revocation of any certificate granted on the basis of such payment.

(2) All applications for any type of asbestos handling certificates shall be submitted in writing on forms furnished by the Commissioner. Copies of such forms may be obtained from the New York State Department of Labor, Division of Safety and Health, License and Certificate Unit.

(3) Completion of such forms requires inclusion of all information deemed appropriate by the Commissioner.

(4) Each application for any type of asbestos handling certificate shall contain a verified statement by the applicant that he or she shall abide by all rules and regulations promulgated by either the Commissioner of Labor or Health pursuant to Article 30 of the Labor Law.

(5) The Commissioner shall notify asbestos handling certificate applicants in writing, no later than thirty (30) days from the receipt of the asbestos handling certificate application, of the issuance or denial of the asbestos handling certificate or of the need for further information from the applicant in order to process the asbestos handling certificate application. Notification of denial of an asbestos handling certificate on any grounds other than failure to complete the asbestos handling certificate application shall set forth the grounds for such denial.

(6) An applicant denied any type of asbestos handling certificate on any grounds other than failure to complete an asbestos handling certificate application, may request a hearing before the Commissioner or his or her designee by submitting a written request for such hearing within ten (10) days of receipt of denial.

(7) All types of asbestos handling certificates shall be valid for a period of up to one (1) year from date of issuance. The expiration date shall be the last day of birth month of the individual applying.

(8) Approximately two (2) months prior to the expiration of any type of asbestos handling certificate, the Commissioner shall contact the asbestos handling certificate holder and inform him or her of the need to renew the asbestos handling certificate. The Commissioner shall also furnish a renewal application to the asbestos handling certificate holder. The renewal application may request the asbestos handling certificate holder to inform the Commissioner of any changes in information previously provided to the Division of Safety and Health’s License and Certification Unit and any other information deemed by the Commissioner to be relevant.

(9) The Commissioner shall notify an asbestos handling certificate renewal applicant in writing of the issuance or denial of the asbestos handling certificate renewal or of the need for further information from the applicant in order to process the renewal application. Notification of denial of an asbestos handling certificate renewal on any grounds other than failure to complete the renewal application shall set forth the grounds for such denial.

(10) An applicant denied renewal of any type of asbestos handling certificate on any grounds, other than failure to complete an asbestos handling certificate renewal application, may request a hearing before the Commissioner or his or her designee by submitting a written request for such hearing within ten (10) days of receipt of denial.

56-3.3 Replacement of Licenses and Certificates.

(a) In the event that any type of asbestos handling certificate or an asbestos handling license is lost or stolen, the certificate or license holder to whom the certificate or license had been issued may apply to the Commissioner for the issuance of a replacement asbestos handling license or appropriate type of asbestos handling certificate. Such application shall be made in writing and shall include a notarized statement from the individual indicating that the original asbestos handling license or asbestos handling certificate has been lost and verifying that the individual applying for such replacement asbestos handling license or asbestos handling certificate understands that the submittal of false statements in connection with the request for a replacement shall subject him or her to penalties and other remedies under the law.

(b) All applications for replacement asbestos handling licenses or any type of asbestos handling certificate shall be addressed to the License and Certification Unit, New York State Department of Labor accompanied by a nonrefundable fee. The fee shall be equal to that assessed for an initial asbestos handling certificate or asbestos handling license. The fee shall be paid in any form, except cash, deemed acceptable by the Commissioner of Labor in the application package. All payments shall be made payable to the Commissioner of Labor. Any payments which are voided or returned to the Commissioner for any reason shall be subject to a return processing fee of the amount allowed by law and any entity submitting such checks to the Department may be subject to all appropriate penalties set forth in statute and code, including but not limited to the immediate suspension or revocation of any replacement asbestos handling license or asbestos handling certificate granted on the basis of such payment.

56-3.4 Notice and Record-keeping Requirements.

(a) Record-keeping

(1) Detail. Every asbestos contractor shall maintain for at least thirty (30) years, a record of each asbestos project in which the asbestos contractor engages. Such record shall include the following information:

Exception. Non-abatement asbestos contractors shall maintain for at least thirty (30) years, a record of the following applicable project information for each asbestos project, if it relates to their portion of the asbestos project:

(i) The name, address, social security number and asbestos certificate number of the person who supervised the asbestos project;

(ii) The location and description of the asbestos project;

(iii) The amount of asbestos or asbestos material that was removed, enclosed, encapsulated, repaired, disturbed or handled;

(iv) The commencement and completion date of the asbestos project;

(v) The name, asbestos handling license number, and address of the air sampling asbestos contractor that was used on the project;

(vi) The name, address and current NYS ELAP registration number, of the laboratory that was used for air sample analysis on the project;

(vii) The name, asbestos handling license number, and address of the project monitoring asbestos contractor that was used on the project;

(viii) The name and address of the deposit or waste disposal site or sites where the asbestos waste material was deposited or disposed;

(ix) The name and address of any sites that were used for the interim storage of asbestos or asbestos waste materials prior to final deposit or disposal;

(x) The name and address of any transporters that were used to transport asbestos or asbestos material;

(xi) The name, address, social security number and asbestos license or certificate number of all persons who were engaged on that portion of the asbestos project for which the asbestos contractor has responsibility;

(xii) A copy of the asbestos abatement supervisor’s daily project log;

(xiii) Any other information that the Commissioner may require, on a form and according to instructions provided by the Commissioner.

(2) Project Record.

(i) At all sites where there is an active project, a project record shall be required. The project record shall be available on-site with the building/structure owner or his designated representative, and shall include the following:

(a) Copies of licenses of all entities involved with the project;

(b) Copies of all supervisors and handler certificates;

(c) Copies of notifications and amendments;

(d) Copies of all variances, amendments and re-openings being used for the project;

(e) A copy of the air sample log if the air sampling technician is on site. If the air sampling technician is not on site, a copy of the air sample log shall be supplied within 24 hours of the request to produce a copy there of;

(f) A copy of all air sampling results, including method of analysis, by date for the entire asbestos project, organized by regulated abatement work area;

(g) A copy of the project monitor’s daily logs during abatement (if a project monitor is used on the project);

(h) The supervisor’s daily log with entry/exit logs organized by date;

(i) All bulk sample data including all asbestos inspections and surveys completed for affected portions of the building, structure and work site;

(ii) This record shall be kept on site at all times with the building/structure owner or his designated representative, and produced upon verbal request of the Commissioner or his or her duly authorized representative.

(3) Surrender of Records. Within ten (10) working days of the expiration, revocation, or non-renewal of an asbestos contractor’s asbestos handling license, or upon the receipt of the written request of the Commissioner, or his or her duly authorized representative, any records kept pursuant to this Part shall be delivered to the Asbestos Control Bureau.

(4) Copies of any records kept pursuant to this Part shall be surrendered to the Commissioner or his or her duly authorized representative upon written request.

(b) Notification.

(1) When Required. Any asbestos abatement contractor who proposes to engage in a Large asbestos project shall notify or cause to be notified, in writing, the Asbestos Control Bureau. Such notice must be received at least ten (10) calendar days prior to commencement of Phase II A (See Section 56-2.1) of the asbestos project unless waived in writing by the Commissioner or his or her duly authorized representative. If an asbestos hazard is present which requires immediate attention, or if emergency conditions make it impossible to give notification ten (10) calendar days prior to commencement of the project, notification in accordance with Section 56-3.5 of this Part shall be given. All project notifications shall be accompanied by a nonrefundable fee. The fee shall be paid in any form, except cash, deemed acceptable by the Commissioner of Labor in the notification package. All payments shall be made payable to the Commissioner of Labor in the amounts set forth in the Labor Law. Any payments which are voided or returned to the Commissioner for any reason shall be subject to a return processing fee in an amount allowed by law and any entity submitting such checks to the Department may be subject to all other appropriate penalties set forth in statute and code, including but not limited to enjoining of the asbestos project.

(2) Content. The notification to the Asbestos Control Bureau shall be made on a form or forms provided by the Commissioner and shall include, but not be limited to, the following:

(i) The name, address and asbestos license number of the asbestos abatement contractor and all sub-contractors retained for the asbestos project;

(ii) The name and address of the party for whom the asbestos project is being performed, as well as the contract amount;

(iii) The address and description of the building/structure or area, including size, age, use and prior use of the building/structure or area;

(iv) The name and phone number of the building/structure or area owner representative or site contact individual.

(v) The amount of ACM, PACM or asbestos material present in square feet and/or linear feet, if applicable. Piping, fittings and associated insulation (excluding breeching and large [2 foot or greater] diameter piping/fittings/associated insulation) are to be measured in linear feet;

(vi) Room designation numbers or other local information where ACM, PACM or asbestos material is found, unless such material is found throughout the entire building or structure;

(vii) The commencement and completion dates for the asbestos project, Phase II A through D, and the commencement and completion dates of any intermediate portions of the project. Night, weekend and shift work schedules shall be included;

(viii) The procedures and equipment, including ventilating/exhaust systems, that shall be employed;

(ix) A listing of all variances (applicable and site-specific) to be utilized on the asbestos project;

(x) The name and asbestos license number of the air sampling asbestos contractor for the asbestos project;

(xi) The name and NYS ELAP registration number of the laboratory which shall perform analysis of project air samples for the project;

(xii) The name, address, phone number and NYS DEC permit number of the waste transporter;

(xiii) The name, address and phone number of the landfill where the asbestos waste will be transported;

(xiv) Any other information which the Commissioner may require.

(3) A separate notification must be submitted for each period of up to twelve (12) months during which work shall be performed. Amendments of existing notifications are permitted. No additional fee is required unless the size of the project increases from that originally submitted on the initial notification, then a fee would be required for the additional material only.

(4) Postponement, Cancellation or Changes to Completion Dates of Projects.

(i) Whenever the commencement date of a project for which notification has already been submitted is postponed, or if a project for which a notification has been submitted is cancelled, or if a project completion date is changed, the asbestos abatement contractor shall notify the Asbestos Control Bureau of the postponement or cancellation or change of completion date by telephone or written notice. This notice shall be received at least one (1) calendar day prior to the initial start or completion date set forth on the previously submitted notification. In addition, written notification for new start dates on projects postponed for one (1) week or longer must be received at least three (3) calendar days prior to the new start date.

(ii) Notice of postponement or cancellation given by telephone shall be followed by written confirmation of the postponement or cancellation, which shall be provided to the Asbestos Control Bureau within three (3) business days of the telephone notice.

(iii) Where time periods set forth herein allow, the notice requirements of subparagraphs (i) and (ii) of this paragraph may be satisfied by the submittal of a single amended notification form.

(iv) Within a non-continuous notification for a Large asbestos project, intermediate portions of a project shall require notice to the Asbestos Control Bureau by telephone at least ten (10) calendar days prior to commencement of the intermediate portion of the project, followed by written notification with the commencement and completion dates of any intermediate portions of the project. The written notification shall be provided to the Asbestos Control Bureau within three (3) business days of the telephone notice.

(5) Cumulative Project Notification. If a single asbestos project involves several locations in a building/structure or area, each of which does not involve the amounts of ACM, PACM or asbestos material specified in Section 56-3.4(b) of this Part, but which in total equal or exceed this amount, written notification shall be required.

(i) Each building or structure shall be considered a separate project for the purpose of meeting all notification requirements set forth in the statute and this Part. A separate project notification form and fee must be submitted for each building/structure. Where one contract is entered into for several component projects, notification shall be required. Similarly, separate bids for component projects shall not void the notification requirement.

(6) Additional Contractual Work. Additional contractual work (See Section 56-2.1) is subject to a new or amended notification and associated fees. No additional waiting period to commence this work shall be required.

56-3.5 Emergency Asbestos Project Notification.

(a) Initial Notification. Prior to the commencement of an asbestos project that is necessary to respond to an emergency, or to cleanup an incidental disturbance, the asbestos abatement contractor shall contact the Asbestos Control Bureau via telephone or in person to request permission to proceed with the asbestos project. The individual giving such notification may be asked to provide some or all of the information required of an individual giving full written notification of an asbestos project.

(b) Emergency Approval. The Program Manager, Asbestos Control Bureau, or other duly authorized representative of the Commissioner, upon ascertaining all pertinent facts relating to the request, shall be empowered to either approve or deny the request for permission to proceed with an emergency or incidental disturbance asbestos project without the filing of prior notification. Unless permission to proceed with the asbestos project, using approved variance conditions, is granted pursuant to Section 56-11.2 (Emergency Projects), all work shall be performed in accordance with all applicable provisions of this Part.

(c) Follow-Up Notification. If permission to proceed with an emergency asbestos project is granted, the asbestos abatement contractor to whom such permission is granted, shall, within three (3) business days, file the written notification required by Section 56-3.4(b) of this Part with the Asbestos Control Bureau.

56-3.6 Notification of Residential and Business Occupants.

(a) Ten (10) Day Notice.

(1) The property owner and asbestos abatement contractor are responsible for ensuring that notice is provided to residential and business occupants. This notice may be provided by the property owner or by the asbestos abatement contractor or subcontractor engaged in the Phase II abatement portion of a project. The property owner, asbestos abatement contractor or subcontractor shall post or otherwise provide for a written notice to residential and business occupants of the building/structure, including visitors to the building/structure, ten (10) calendar days prior to the commencement of Phase II A work on any asbestos project within the building/structure. For projects being conducted in school buildings, the faculty, staff and students attending such school and visitors to the school shall be considered to be business occupants and shall receive notice as required in this Part.

(2) Notice - Detail. The written notice shall be given to those business and residential occupants of a building/structure, or portion thereof, who are located on the floor or floors where the actual project is to be conducted, and one floor above and one floor below the floor or floors containing the project. In addition, such written notice shall also be given to those occupants of adjacent building/structures who have direct horizontal access to these floors. Posted notice shall be provided at all direct means of access to the floor, such as but not limited to stairways, ramps, emergency ingress or egress, elevators, escalators, ladders, hallways, corridors and trapdoors.

(b) Three (3) Day Notice (Small and Minor Size Asbestos Projects Only). If the Phase II A abatement work is scheduled to begin less than ten (10) calendar days after the execution of the contract, the property owner and asbestos abatement contractor shall post or otherwise provide written notice of any asbestos project to residential and business occupants in the building/structure where work shall be performed at least three (3) calendar days prior to commencement of work.

(c) Other Notice. If an emergency makes it impossible to provide the notice required by Subdivision (a) or (b) of this Section, the property owner and asbestos abatement contractor shall post or otherwise provide for written notice to residential and business occupants of the building/structure, as soon as practicable after identification of the project, in the manner set forth in Section 56-3.5.

(d) Duration of Posting. Posted notices shall remain in place until completion of the project.

(e) Content. Each notice shall include the following information:

(1) The building/structure address and room location(s) or area designation of the asbestos project;

(2) The amounts and types of ACM, PACM or asbestos material, in square feet and/or linear feet, that is being handled, removed, enclosed, encapsulated, repaired or disturbed. Piping, fittings and associated insulation (excluding breeching and large [2 foot or greater] diameter piping/fittings/associated insulation) are to be measured in linear feet;

(3) The commencement and completion dates of the asbestos project, including any intermediate portions of the project;

(4) The name and asbestos handling license number of the asbestos abatement contractor performing the project; and

(5) The name and address of the air monitor asbestos contractor and laboratory for the project.

(f) Noninterference. No person shall interfere with the obligations of the property owner and asbestos abatement contractor under this Section.

SUBPART 56-4

GENERAL PROJECT AIR SAMPLING AND LABORATORY ANALYSIS REQUIREMENTS

56-4.1 Qualifications of Air Sampling Personnel. The project air sampling shall be conducted by an asbestos project air sampling technician who has been trained in the selected methodology of air sampling and who possesses an asbestos project air sampling technician certificate issued by the Department.

56-4.2 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.

56-4.3 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, shall conduct all project air sampling and analysis as required by this Part.

(a) 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.

56-4.4 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:

(a) 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.

56-4.5 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.

56-4.6 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.

56-4.7 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.

(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. (See Table 2 )

(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 )

56-4.8 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.

56-4.9 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. (See Table 2 and Subpart 56-7)

(d) Phase II C Final Cleaning & Clearance Air Samples. Required for Large, Small and some Minor asbestos projects. (See Table 2 and Subpart 56-9)

56-4.10 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.

56-4.11 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.

56-4.12 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 (See Section 56-9.2).

(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 as required by Section 56-9.2.

(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.

Table 2
ASBESTOS PROJECT AIR SAMPLING REQUIREMENTS

Air Sampling Requirements by Asbestos Project & Regulated Abatement Work Area Size	Phase I B Background Air Sampling	Phase II A Work Area Preparation Air Sampling	Phase II B Asbestos Handling Air Sampling	Phase II C Final Cleaning & Clearance Air Sampling
LARGE ASBESTOS PROJECT OR LARGE SIZE REGULATED ABATEMENT WORK AREA	Required	Required⁽⁵⁾	Required	Required⁽⁶⁾
Minimum Samples Required ⁽¹⁾	5 Inside Regulated Abatement Work Area & 5 Outside Regulated Abatement Work Area in Building/Structure ⁽²⁾	1 per decontamination entrance/exit 1 per negative air exhaust or per bank of 5 exhausts 2 at critical barriers 1 outside the building/structure		5 Inside Regulated Abatement Work Area ⁽⁷⁾ & 5 Outside Regulated Abatement Work Area in Building/Structure ⁽²⁾
SMALL ASBESTOS PROJECT OR SMALL SIZE REGULATED ABATEMENT WORK AREA	Required	Not Required		Required⁽⁶⁾
Minimum Samples Required ⁽¹⁾	3 Inside Regulated Abatement Work Area & 3 Outside Regulated Abatement Work Area in Building/Structure ⁽²⁾	0		3 Inside Regulated Abatement Work Area & 3 Outside Regulated Abatement Work Area in Building/Structure ⁽²⁾
MINOR ASBESTOS PROJECT OR MINOR SIZE REGULATED ABATEMENT WORK AREA	Not Required	Not Required		Required^{(3, 4)}
Minimum Samples Required ⁽¹⁾	0	0		1 Inside Regulated Abatement Work Area & 1 Outside Regulated Abatement Work Area

Notes:

(1) For sample location and total number required, see Subparts 56-6 through 56-9.

(2) 1 sample outside the building/structure if entire building/structure is regulated abatement work area.

(3) Required on glove bag failure or loss of integrity, or tent failure or loss of integrity.

(4) Required for an Incidental Disturbance Project or if minor size regulated abatement work area is part of small or large asbestos project.

(5) Required for all OSHA Class I and Class II Friable ACM asbestos projects.

(6) During IIC final cleaning stage, air sampling as per Phase IIB is required.

(7) 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.

SUBPART 56-5

PHASE IA: ASBESTOS SURVEY PLANNING AND DESIGN

56-5.1 Asbestos Survey Requirements for Building/Structure Demolition, Renovation, Remodeling and Repair

(a) Asbestos Survey Required. An owner or an owner’s agent, except the owner of one and two-family dwellings who contracts for, but does not direct or control the work, shall cause to be conducted, an asbestos survey completed by a licensed asbestos contractor using inspectors certified in compliance with Section 56-3.2(d), to determine whether or not the building or structure, or portion(s) thereof to be demolished, renovated, remodeled, or have repair work, contains ACM, PACM or asbestos material. This asbestos survey shall be completed and submitted as indicated in Subdivision (g) of this Section, prior to commencing work. All such asbestos surveys shall be conducted in conformance with the requirements of Subdivision (e) of this Section.

(b) Exemptions To Asbestos Survey Requirements: The asbestos survey required by this Subdivision (a) of this Section shall not be required for the following classes of buildings or structures:

(1) an agricultural building;

(2) buildings or structures for which original construction commenced on or after January 1, 1974;

(3) A structure certified in writing to be structurally unsound by a licensed Professional Engineer, Registered Architect, Building Inspector, Fire Inspector or other official of competent jurisdiction. (See Section 56-11.5)

(c) Building/Structure Demolition. If a building/structure asbestos survey is not required or performed per Subdivision (b) of this Section, and the building/structure is certified to be unsound or slated for contracted demolition, the building/structure shall be assumed to contain asbestos, and shall be demolished per this Part, unless the building/structure is adequately certified to be free of asbestos containing material. Acceptable documentation for certification shall be a previous thorough building/structure asbestos survey, abatement records or other documentation acceptable to the Commissioner or his or her representative.

(d) Responsibility To Comply. No exemption to the requirement to conduct an asbestos survey shall exempt any person, asbestos contractor, property owner or business entity from the inspection or asbestos survey requirements of EPA, OSHA, and any other applicable section of this Part.

(e) Building/Structure Asbestos Survey Requirements. The asbestos survey shall include a thorough inspection for and identification of all PACM, suspect miscellaneous ACM, or asbestos material throughout the building/structure or portion thereof to be demolished, renovated, remodeled, or to have repair work. The required inspection shall be performed by a certified asbestos inspector, and, at a minimum, shall include identification of PACM, suspect miscellaneous ACM or asbestos material by all of the following methods:

(1) The review of building/structure plans and records, if available, for references to asbestos, ACM, PACM, suspect miscellaneous ACM or asbestos material used in construction, renovation or repair; and

(2) A visual inspection for PACM and suspect miscellaneous ACM throughout the building/structure or portion thereof to be demolished, renovated, remodeled, or repaired. For the purpose of this Part, all PACM and suspect miscellaneous ACM visually assessed shall be treated and handled as ACM and shall be assumed to be ACM, unless bulk sampling is conducted as per this Section, standard EPA and OSHA accepted methods, including multi-layered systems sampling protocols; the subsequent analyses are performed by a laboratory that meets the requirements of Section 56-4.2 of this Part; and the analyses satisfies both ELAP and federal requirements, including multi-layered sample analyses, to document non-asbestos containing material.

(f) Building/Structure Asbestos Survey Information.

(1) The asbestos survey shall, at a minimum, identify and assess with due diligence, the locations, quantities, friability and conditions of all types of installations at the affected portion of the building/structure relative to the ACM, suspect miscellaneous ACM, PACM or asbestos material contained therein. The following list is not inclusive of all types of ACMs, it only summarizes typical ACMs. The certified asbestos inspector is responsible for identification and assessment of all types ACM, PACM, suspect miscellaneous ACM and asbestos material within the affected portion of the building/structure:

PACM

(i) Surfacing Treatments:

(a) Fireproofing;

(b) Acoustical Plaster;

(c) Finish Plasters; and

(d) Skim Coats of Joint Compound.

(ii) Thermal System Insulation:

(a) Equipment Insulation;

(b) Boiler, Breeching, Boiler Rope, Duct, or Tank Insulation, Cement or Mortar Used for Boilers and Refractory Brick;

(c) Piping and Fitting Insulations including but not limited to, Wrapped Paper, Aircell, Millboard, Rope, Cork, Preformed Plaster, Job Molded Plaster and coverings over fibrous glass insulation.

SUSPECT MISCELLANEOUS ACM

(i) Roofing and Siding Miscellaneous Materials:

(a) Insulation Board;

(b) Vapor Barriers;

(c) Coatings;

(d) Non-Metallic or Non-Wood Roof Decking

(e) Felts;

(f) Cementitious Board (Transite);

(g) Flashing;

(h) Shingles; and

(i) Galbestos.

(ii) Other Miscellaneous Materials:

(a) Dust and Debris;

(b) Floor Tile;

(c) Cove Base;

(d) Floor Leveler Compound;

(e) Ceiling Tile;

(f) Vermiculite Insulation

(g) Gaskets, Seals, Sealants (including for condensate control);

(h) Vibration Isolators;

(i) Laboratory Tables and Hoods;

(j) Chalkboards;

(k) Pipe Penetration Packing or Other Firestopping Materials

(l) Cementitious Board;

(m) Electrical Wire Insulation;

(n) Fire Curtains;

(o) Fire Blankets;

(p) Fire Doors;

(q) Brakes and Clutches;

(r) Mastics, Adhesives and Glues;

(s) Caulks;

(t) Sheet Flooring (Linoleum);

(u) Wallpaper;

(v) Drywall;

(w) Plasterboard

(x) Spackling/Joint Compound;

(y) Textured Paint;

(z) Grout;

(aa) Glazing Compound; and

(ab) Terrazzo.

(2) All ACM, PACM, suspect miscellaneous ACM, or asbestos material reported under Paragraph (1) of this Subdivision shall include the location of the materials, an estimate of the quantities, types, friability and condition of the identified materials to be treated and handled as ACM. For the purpose of this Part, all PACM and suspect miscellaneous ACM visually assessed shall be treated and handled as ACM and shall be assumed to be ACM, unless bulk sampling is conducted as per this Section, standard EPA and OSHA accepted methods, including multi-layered systems sampling protocols; the subsequent analyses are performed by a laboratory that meets the requirements of Section 56-4.2 of this Part; and the analyses satisfies both ELAP and federal requirements, including multi-layered sample analyses, to document non-asbestos containing material.

(3) The building/structure asbestos survey shall also include the building/structure name, address, the building/structure owner’s name and address, the name and address of the owner's agent, the name of the firm performing the asbestos survey and a copy of the firm’s current asbestos handling license, the names of the certified inspector(s) performing the survey and a copy of the current asbestos handling certificate for each inspector utilized, the dates of the asbestos survey, a listing of homogeneous areas identifying which ones are ACM, all laboratory analyses reports for bulk samples collected, and copies of the appropriate certifications for the laboratory used for analysis of samples taken during the asbestos survey.

(g) Transmittal of Building/Structure Asbestos Survey Information. One (1) copy of the results of the building/structure asbestos survey shall be immediately transmitted by the building/structure owner as follows:

(1) One (1) copy of the completed asbestos survey shall be sent by the owner or their agent to the local government entity charged with issuing a permit for such demolition, renovation, remodeling or repair work under applicable State or local laws.

(2) The completed asbestos survey for controlled demolition (as per Subpart 56-11.5) or pre-demolition asbestos projects shall also be submitted to the appropriate Asbestos Control Bureau district office.

(3) The completed asbestos survey shall be kept on the construction site with the asbestos notification and variance, if required, throughout the duration of the asbestos project and any associated demolition, renovation, remodeling or repair project.

(h) Removal Required. If the building/structure asbestos survey finds that the portion of the building/structure to be demolished, renovated, remodeled, or have repair work contains ACM, PACM, suspect miscellaneous ACM assumed to be ACM, or asbestos material, which is impacted by the work, the owner or the owner’s agent shall conduct, or cause to have conducted, asbestos removal performed by a licensed asbestos abatement contractor in conformance with all standards set forth in this Part. All ACM, PACM, suspect miscellaneous ACM assumed to be ACM, or asbestos material impacted by the demolition, renovation, remodeling or repair project shall be removed as per this Part, prior to access or disturbance by other uncertified trades or personnel. No demolition, renovation, remodeling or repair work shall be commenced by any owner or the owner’s agent prior to the completion of the asbestos abatement in accordance with the notification requirements of this Part. For multi-phased work, the access restriction for uncertified trades or personnel applies to each intermediate portion of the entire project. Upon completion of the intermediate portion of the asbestos project, other trades or personnel may access that portion of the work site. For demolition projects that are exempt from asbestos survey requirements due to being structurally unsound, the demolition is considered an asbestos project and shall proceed as per Section 56-11.5.

(1) All building/structure owners and asbestos abatement contractors on a demolition, renovation, remodeling, or repair project, which includes work covered by this Part, shall inform all trades on the work site about PACM, ACM, asbestos material and suspect miscellaneous ACM assumed to be ACM at the work site.

(i) Bidding. Bids may be advertised and contracts awarded for demolition, remodeling, renovation, or repair work, but no work on the current intermediate portion of the project shall commence on the demolition, renovation, remodeling or repair work by any owner or agent prior to completion of all necessary asbestos abatement work for the current intermediate portion of the entire project, in conformance with all standards set forth in this Part.

(j) Unidentified and Unassessed Asbestos. When any construction activity, such as demolition, remodeling, renovation or repair work, reveals PACM or suspect miscellaneous ACM that has not been identified by the asbestos survey per this Part, or has not been identified by other inspections as per current OSHA or EPA requirements, all activities shall cease in the area where the PACM or suspect miscellaneous ACM is found and the Asbestos Control Bureau shall be notified by telephone by the building/structure owner or their representative, followed with a written notice in accordance with the notification requirements of this Part. Unassessed PACM or suspect miscellaneous ACM shall be treated and handled as ACM and assumed to be ACM, unless proven otherwise by standard EPA and OSHA accepted methods, including multi-layered systems sampling protocols; subsequent analyses performed by a laboratory that meets the requirements of Section 56-4.2 of this Part; and the analyses satisfies both NYS ELAP and federal requirements, including multi-layered sample analyses, to document non-asbestos containing material.

SUBPART 56-7

PHASE II A : WORK AREA PREPARATION

56-7.1 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. (See Table 2 within Subpart 56-4) 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, remote from that in Paragraph (3) of this Subdivision below 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.

(d) 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.

56-7.2 Materials and Equipment.

(a) Storage of Materials. Asbestos Project non-ACM preparatory and waste transfer materials (i.e. plastic sheeting, duct tape, clean waste containers, etc.) shall be stored to prevent damage or contamination. Replacement materials shall be stored outside all project regulated abatement work areas, staging areas and waste transfer/storage areas until Phase II C is completed.

(b) Damaged or Deteriorating Materials. Damaged or deteriorating non-ACM materials shall not be used and shall be removed from the premises.

(c) Fireproofing or Insulation Replacement. When ACM, PACM or asbestos material that has been used for fireproofing or insulation (thermal, chemical, electrical, acoustical, etc.) has been removed as part of an asbestos project, and the building is not scheduled for demolition or replacement of the affected building system, fireproofing or insulation at least equivalent to that removed, shall be installed and maintained by the building/structure owner in conformance with all applicable codes.

(d) Adhesive Materials. Duct tape and spray adhesive shall be capable of sealing joints of adjacent sheets of plastic, facilitating attachment of plastic sheets to finished or unfinished surfaces of dissimilar materials and adhering under both dry and wet conditions.

(e) Caulks. Non-ACM products shall be used to seal openings and penetrations during regulated abatement work area preparation and installation of critical barriers.

(f) Containers. Watertight lockable containers shall be provided to receive and retain any asbestos containing or contaminated material for storage until disposal. The containers shall be marked with danger labels.

(g) Enclosure Project Material. Materials for enclosure projects shall be impact resistant and installed to be airtight.

(h) Fire-Retardant Expandable Foam. Non-ACM products with a flashpoint above 140 degrees Fahrenheit, shall be used to seal openings and penetrations during regulated abatement work area preparation and installation of critical barriers.

(i) Ladders or Scaffolds. Where ladders or scaffolds are used on a project to allow all work surfaces to be easily and safely reached for removal and cleaning, care shall be taken to prevent breaching of the containment areas. Scaffold joints and ladder openings shall be sealed with duct tape to prevent incursion of asbestos. Scaffolds, ladders and their use shall comply with OSHA 29 CFR 1926 and other applicable codes.

(j) Ladders and Scaffolds for Visitors. During Phase II of the asbestos project, the asbestos abatement contractor shall make available, to authorized visitors, ladders or scaffolds of sufficient dimension and quantity so that all work surfaces can be easily and safely reached. Scaffolds, ladders and their use shall comply with OSHA 29 CFR 1926 and other applicable codes.

(k) Plastic Bags. Plastic bags used for waste storage or disposal shall be at least six (6) mil in thickness and be marked with danger labels.

(l) Plastic Sheeting. Fire-retardant plastic sheeting of at least six (6) mil thickness in sizes and shapes to minimize the number of joints shall be used.

(m) Repair Materials. Non-ACM materials shall be used. Repair materials shall be compatible with existing materials and substrates. Insulation and other repair materials shall also comply with all applicable building, energy and fire codes and shall be installed in accordance with these codes and manufacturer’s recommendations.

(n) Surfactants. Any surfactant used shall be non-carcinogenic and non-toxic in its liquid form.

(o) Ventilation for Power Tools. Power tools used to drill, cut, or otherwise disturb asbestos material in regulated abatement work areas, shall be manufacturer equipped with HEPA-filtered local exhaust ventilation.

56-7.3 Asbestos Abatement Contractor Daily Project Log. The asbestos abatement contractor shall maintain a daily project log of all pertinent events that occur throughout Phase II of the asbestos project. This project log shall be updated daily throughout Phase II by the on-site supervisor, and shall be kept on-site for the duration of Phase II of the asbestos project. This log shall be made available upon verbal request of the Commissioner or his or her duly authorized representative. The following list summarizes the various sections of this Part that require entries into the daily project log by the asbestos abatement contractor supervisor:

(a) Sections 7.1(d), 8.1(c), 9.2(a)(2) – Work Stoppage Due to High Air Results. High air result(s) shall be noted along with the time of the work cessation, results of barrier and negative air system inspection, and a summary of any necessary repairs and the required cleaning.

(b) Section 7.8(a)(4) – Manometer Readings. To be documented twice per workshift.

(c) Section 7.8(a)(10) – Negative Air System. Daily (even days without workshifts) inspection results and any necessary repairs to be documented.

(d) Section 7.9(d)(3) – HVAC System Positive Pressurization. Daily (even days without workshifts) inspection and any necessary repairs to be documented.

(e) Section 8.2(d) – Inspection of Barriers. Daily (even days without workshifts) inspection results and any necessary repairs to be documented. Inspections shall be twice per workshift on days with scheduled work.

(f) Section 8.2(f) – Testing of Barriers and Enclosures. Daily testing as per Section 8.2(f) and any resulting necessary repairs to be documented.

(g) Section 8.2(h) – Daily Cleaning of Enclosures. Cleaning to be documented daily at the end of the workshift.

(h) Section 8.6(b)(2)(iv) – Intermediate Completions. Results of each visual inspection and time of each intermediate completion shall be documented by the supervisor in the daily project log.

(i) Section 9.1(d) – Visual Inspection by Project Monitor Prior to Clearance Air Sampling. To be documented in daily log by project monitor, along with supervisor.

(j) Section 9.2(e) – Visual Inspection by Project Monitor for Regulated Abatement Work Areas Exempt from Clearance Air Sampling. To be documented in daily project log by project monitor, along with supervisor.

(k) Sections 9.3(c), 10.4, 11.2(f), 11.3(e), 11.4(d), 11.5(c), 11.6(e), 11.7(d), 11.8(d) – Final Inspection. To be documented by supervisor at completion of asbestos project.

56-7.4 Establishing Each Regulated Abatement Work Area.

(a) Vacating of Regulated Abatement Work Area. The regulated abatement work area shall be vacated by the occupants and non-certified personnel, prior to work area preparation, and shall remain vacated until satisfactory clearance air-sampling results have been achieved or the asbestos project is complete.

(b) Restricted Entry. Entry to the regulated abatement work area shall be restricted to the asbestos contractors involved with the asbestos project, employees of the asbestos contractors, authorized visitors, and other public safety personnel. Police and fire officials may enter the work site and not be subject to this Part only on an emergency basis.

(c) Signs. Asbestos warning signs, required as per current OSHA regulations shall be posted to restrict access to the regulated abatement work area at all locations and approaches to a location where airborne concentrations of asbestos may exceed ambient background levels. During Phase II A - D activities, signs shall be posted at locations such that persons may take the necessary protective measures to avoid potential exposure.

56-7.5 Personal and Waste Decontamination System Enclosures

(a) Installation. Personal decontamination system enclosures shall be constructed and functional prior to commencing the remainder of the Phase IIA regulated abatement work area preparation activities. Waste decontamination system enclosures shall be constructed and functional at the completion of Phase IIA preparation activities. After installation of the personal decontamination system enclosure, all access to the regulated abatement work area shall be via the installed personal decontamination system enclosure.

(b) Personal Decontamination System Enclosure - Large Project.

(1) Enclosure – General. A personal decontamination system enclosure shall be provided outside the regulated abatement work area and attached to all locations where personnel shall enter or exit the regulated abatement work area. One personal decontamination enclosure system for each regulated abatement work area shall be required. This system may utilize adequate existing lighting sources separate from the decontamination system enclosure, or shall be supplied with a GFCI protected temporary lighting system. The personal decontamination system enclosure shall be sized to accommodate the number of workers and equipment required for the intended purpose. Such system may consist of existing attached rooms outside of the regulated abatement work area, if the layout is appropriate, that can be plasticized and are accessible from the regulated abatement work area. When this situation does not exist, personal decontamination enclosure systems may be constructed of metal, wood or plastic supports covered with fire-retardant plastic sheeting. A minimum of one (1) layer of six (6) mil fire-retardant plastic sheeting shall be installed on the ceiling, and walls of the enclosure system. At least two (2) layers of six (6) mil fire-retardant reinforced plastic sheeting shall be used for flooring protection of this area. This system must be kept clean, sanitary and climate controlled at all times in conformance with all federal, state and local government requirements. This system shall remain on-site, operational and be used until completion of Phase II C of the asbestos project.

(2) Rooms and Configuration. The personal decontamination system enclosure shall consist of a clean room, a shower room and an equipment room connected in series but separated from each other by airlocks. There shall be a curtained doorway separation between the equipment room and the regulated abatement work area, and there shall be a lockable door to the outside. (See Figure 1 within this Section) Minimum dimensions for each airlock, shower room and equipment room shall be three (3) feet wide by six (6) feet in height, to allow for adequate access to and from the regulated abatement work area.

(3) Curtained Doorway. An assembly which consists of at least three (3) overlapping sheets of six (6) mil fire retardant plastic over an existing or temporarily framed doorway. One sheet shall be secured at the top and left side, the second sheet at the top and right side, and the third sheet at the top and left side. All sheets shall have weights attached to the bottom to insure that the sheets hang straight and maintain a seal over the doorway when not in use.

(4) Framing. Enclosures systems accessible to the public shall be fully framed, hard-wall sheathed and utilize a lockable door for safety and security.

(5) Sheathing. A plywood or oriented strand board (OSB) sheathing material of at least 3/8-inch thickness.

(6) Plastic Sheeting. Enclosure systems constructed at the work site shall use at least one (1) layer of six (6) mil fire-retardant plastic sheeting on walls and ceiling. At least two (2) layers of six (6) mil fire-retardant reinforced plastic sheeting shall be used for floor protection of this area.

(7) Prefabricated or Trailer Units. A completely watertight fiberglass or marine painted prefabricated unit does not require plasticizing. Rooms shall be configured as per paragraph (2) of this Section. All prefabricated or trailer decontamination units shall be kept in good condition, and shall be completely decontaminated after final cleaning and immediately prior to clearance air sampling. Upon receiving satisfactory clearance air results, the prefabricated units shall be sealed then separated from the regulated abatement work area and removed from the site.

(8) Clean Room. The clean room shall be sized to accommodate a full workshift of asbestos abatement contractor personnel, as well as the air sampling technician and the project monitor. The clean room shall be a minimum of six (6) feet in height. A minimum of thirty-two (32) square feet of floor space shall be provided for every six (6) full shift abatement workers, calculated on the basis of the largest work shift. If the largest work shift consists of three (3) or less full shift abatement workers, the minimum clean room size requirement is reduced to twenty-four (24) square feet of floor space. Benches, lockers and hooks shall be provided for street clothes. Shelves for storing respirators shall be provided. Clean clothing, replacement filters for respirators, towels and other necessary items shall be provided. The clean room shall not be used for storage of tools, equipment or materials. It shall not be used for office space. A lockable door shall be provided to permit access to the clean room from outside the regulated abatement work area or enclosure and shall be used to secure the regulated abatement work area and decontamination enclosure during non-work hours.

(9) Shower Room. The shower room shall contain one (1) shower per every six (6) full shift abatement workers, calculated on the basis of the largest work shift. Multiple showers shall be simultaneously accessible (installed in parallel) to certified personnel. Each showerhead shall be supplied with hot and cold water adjustable at the tap. The shower enclosure shall be constructed to ensure against leakage of any kind. Uncontaminated soap, shampoo and towels shall be available at all times. Shower water shall be drained, collected and filtered through a system with at least 5.0-micron particle size collection capability. Submersible pumps shall be installed, maintained and utilized in accordance with pertinent OSHA regulations and manufacturer’s recommendations. A multi-stage filtering system containing a series of several filters with progressively smaller pore sizes shall be used to avoid rapid clogging of the filtering system by larger particles. Filtered wastewater shall be discharged in accordance with applicable codes. Contaminated filters shall be disposed of as asbestos-contaminated waste.

(10) Equipment Room. The equipment room shall be used for the storage of decontaminated equipment and tools. A one (1) day supply of replacement filters for HEPA-vacuums and negative pressure ventilation equipment in sealed containers, extra tools, containers of surfactant and other materials and equipment that may be required during the abatement project may also be stored here. A container lined with a labeled, at least six (6) mil plastic bag for collection of clothing shall be located in this room. Contaminated footwear and work clothes shall be stored in this area.

(11) Airlocks. Airlock construction shall consist of two (2) curtained doorways with three (3) alternating six (6) mil fire retardant polyethylene curtains per doorway, separated by a distance of at least three (3) feet, such that one passes through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the next doorway. Minimum airlock size shall be three (3) feet wide, by three (3) feet long, by six (6) feet in height.

(1) Enclosure Requirements. A personal decontamination system enclosure for a Small asbestos project shall consist of, at a minimum, an equipment room, a shower room and a clean room separated from each other and from the regulated abatement work area and other areas by curtained doorways as defined in Section 56-2.1. All other provisions for personal decontamination system for a Large asbestos project shall apply. Equipment storage, personal gross decontamination and removal of clothing shall occur in the equipment room just prior to entering the shower. (See Figure 4 in this Section) The full personal decontamination system enclosure specified for Large asbestos projects is recommended.

(d) Remote Personal Decontamination System Enclosure. If a personal decontamination system cannot be attached to the regulated abatement work area, due to available space restrictions or other building and fire code restrictions, a remote personal decontamination system enclosure may be used for limited Special Projects as per subpart 56-11, negative pressure tent enclosure work areas with glovebag only abatement, or if non-friable ACM is being removed in a manner which will not render the ACM friable.

Limitation. If it is found during Phase IIB, that the non-friable ACM or asbestos material will become friable during the removal process, and it is logistically possible to attach the decontamination system enclosure, abatement work must stop immediately while the remote personal decontamination system is relocated to be attached and contiguous to the regulated abatement work area.

The following requirements apply for all remote personal decontamination systems:

(1) Protective Clothing. Workers shall don two (2) sets of disposable protective clothing and a supply of protective clothing shall be kept in the airlocks attached to the regulated abatement work area.

(2) Location. The remote personal decontamination system shall be constructed as close to the regulated abatement work area as physically possible. If the remote personal decontamination system must be located at the exterior of the building/structure due to space or code restrictions, it shall be constructed within fifty (50) feet of the building/structure exit used for access by the asbestos abatement contractor personnel. The decontamination unit shall be cordoned off at a distance of twenty-five (25) feet to separate it from public areas.

(3) Airlocks. At a minimum, two (2) extra airlocks as defined in Section 56-2.1 shall be constructed as per Section 56-7.5(b)(11). One shall be constructed at the entrance to the equipment room or equipment/washroom. The other extra airlock shall be constructed at the entrance to the containment or regulated abatement work area(s). These airlocks shall have lockable doorways at the entrance to the airlock from uncontaminated areas. These airlocks shall be cordoned off at a distance of twenty-five (25) feet and appropriately signed in accordance with Section 56-7.4(c). Airlocks shall not be used as a waste decontamination area and shall be kept clean and free of asbestos containing material.

(4) Designated Pathway. The walkway from the regulated abatement work area to the personal decontamination system or next regulated abatement work area shall be cordoned off and signage installed as per Section 56-7.4(c), to delineate it from public areas while in use during Phase IIA through IID.

(5) Travel Through Uncontaminated Areas. If at any time a worker must travel through an uncontaminated area to access the personal decontamination area, the worker shall HEPA-vacuum and/or wet wipe his/her outer protective clothing while in the regulated abatement work area, then proceed into the airlock, which serves as a changing area, where he/she shall remove the outer clothing and don a clean set of protective clothing. The worker may then proceed to the personal decontamination system enclosure only along a designated pathway as described above. Travel in any other area shall not be allowed.

(6) Removal. The remote personal decontamination unit shall be removed only after satisfactory clearance air sampling results have been achieved.

(e) Waste Decontamination System Enclosure - Large and Small Asbestos Projects.

(1) Enclosure – General. A waste decontamination system enclosure shall be provided outside the regulated abatement work area and shall be attached to the regulated abatement work area. One (1) waste decontamination enclosure for each regulated abatement work area shall be required. This system may utilize adequate existing lighting sources separate from the decontamination system enclosure, or shall be supplied with a GFCI protected temporary lighting system. The waste decontamination system enclosure shall be sized to accommodate the number of workers and equipment for the intended purpose. Such system may consist of existing attached rooms outside of the regulated abatement work area, if the layout is appropriate, that can be plasticized and are accessible from the regulated abatement work area. When this situation does not exist, enclosure systems may be constructed of metal, wood or plastic supports covered with fire-retardant plastic sheeting. A minimum of one (1) layer of six (6) mil fire-retardant plastic sheeting shall be installed on the ceiling, and walls of the enclosure system. At least two (2) layers of six (6) mil fire-retardant reinforced plastic sheeting shall be used for flooring protection of this area. This system must be kept clean, sanitary and climate controlled at all times in conformance to all federal, state and local government requirements. This system shall remain and be used until completion of Phase II C of the asbestos project.

(2) Rooms and Configuration. A waste decontamination system enclosure shall consist of a washroom and a holding area connected in series but separated from each other by an airlock. There shall be a lockable door to the outside, and there shall be a curtained doorway between the washroom and the regulated abatement work area. (See Figure 2 in this Section)

(3) Curtained Doorway. An assembly which consists of at least three (3) overlapping sheets of six (6) mil fire retardant plastic over an existing or temporarily framed doorway. One (1) sheet shall be secured at the top and left side, the second sheet at the top and right side, and the third sheet at the top and left side. All sheets shall have weights attached to the bottom to insure that the sheets hang straight and maintain a seal over the doorway when not in use.

(4) Washroom. A room/chamber between the regulated abatement work area and the holding area in the waste decontamination system enclosure, where equipment and waste containers are wet cleaned or HEPA-vacuumed. Adequate drainage and bag/container wash water shall be provided within the room/chamber, as well as a sufficient quantity of clean waste bags/containers.

(5) Equipment/Washroom Alternative. Where there is only one (1) exit from the regulated abatement work area, the holding area of the waste decontamination system enclosure may branch off from the equipment room of the personal decontamination system enclosure. The equipment room will also be used as a waste washroom. (See Figure 3 in this Section)

(6) Plastic Sheeting. Waste decontamination system enclosures constructed at the work site shall use at least one (1) layer of six (6) mil fire-retardant plastic sheeting on walls and ceiling. At least two (2) layers of six (6) mil fire-retardant reinforced plastic sheeting shall be used for flooring protection of these areas.

(7) Enclosure Security. The waste decontamination system enclosure and regulated abatement work area airlock(s) (when remote decontamination systems are used) shall be constructed with lockable doors to prevent unauthorized entry. Enclosures systems located within twenty-five (25) feet of an area of public access shall be fully framed and hard-wall sheathed for safety.

(8) Drains. The waste washroom shall be equipped with a wash bin of sufficient size to perform waste container washing operations and shall have a submersible pump installed to collect waste water and deliver it to the shower wastewater filtration system where it shall be filtered in accordance with paragraph (b)(9) of this Section.

(9) Shower/Washroom Alternative - Small Asbestos Project. For Small asbestos projects with only one (1) exit from the regulated abatement work area, the shower room may be used as a waste washroom. The clean room shall not be used for waste storage, but shall be used for waste transfer to carts, which shall be immediately removed from the enclosure. Waste shall be transferred only during times when the showers are not in use. (See Figure 4 in this Section)

(f) Waste Decontamination System Enclosure – When Remote Personal Is Allowed. When a remote personal decontamination system enclosure is allowed and utilized for a regulated abatement work area, the following requirements shall apply:

(1) Minor Size Regulated Abatement Work Area. No specific waste decontamination system enclosure is required for minor size regulated abatement work areas. The waste generated shall be immediately bagged/containerized within the regulated abatement work area.

(2) Small & Large Size Regulated Abatement Work Areas.

(i) Washroom. An additional chamber shall be constructed within the regulated abatement work area, attached to the existing airlock used to access the work area. The washroom/airlock combination shall be utilized as the contiguous waste decontamination enclosure for waste bagging/containerization and waste transfer activities. The washroom shall be constructed and supplied with equipment/materials consistent with waste decontamination system enclosure washroom requirements for contiguous personal and waste decontamination system enclosures.

(ii) Removal. The washroom chamber shall be removed only after satisfactory clearance air sampling results have been achieved.

Figure 1
PERSONAL DECONTAMINATION SYSTEM ENCLOSURE

LARGE ASBESTOS PROJECT (OPTIONAL FOR SMALL ASBESTOS PROJECT)

Reg.

Abate. Equipment Shower Clean Room Lockable

Work Room Doorway

Area

Not to Scale

Figure 2

WASTE DECONTAMINATION SYSTEM ENCLOSURE

LARGE ASBESTOS PROJECT

(OPTIONAL FOR SMALL ASBESTOS PROJECT)

Reg.

Abate. Washroom Holding Area Lockable

Work Doorway

Area

Not to Scale

Figure 3

PARALLEL PERSONAL AND WASTE DECONTAMINATION SYSTEM ENCLOSURES

LARGE ASBESTOS PROJECT

(OPTIONAL FOR SMALL ASBESTOS PROJECT)

Holding Area Lockable

Reg. Equipment Doorway

Abate. and

Work Washroom

Area Shower Clean Room Lockable

Doorway

Not to Scale

ASBESTOS

SUBPART 56-1

GENERAL PROVISIONS

SUBPART 56-2

DEFINITIONS

Phase I

SUBPART 56-3

ADMINISTRATIVE

Table 2
ASBESTOS PROJECT AIR SAMPLING REQUIREMENTS

Figure 1
PERSONAL DECONTAMINATION SYSTEM ENCLOSURE

LARGE ASBESTOS PROJECT (OPTIONAL FOR SMALL ASBESTOS PROJECT)

Figure 2

LARGE ASBESTOS PROJECT

Figure 3

PARALLEL PERSONAL AND WASTE DECONTAMINATION SYSTEM ENCLOSURES

LARGE ASBESTOS PROJECT

Figure 4

ASBESTOS

SUBPART 56-1

GENERAL PROVISIONS

SUBPART 56-2

DEFINITIONS

Phase I

SUBPART 56-3

ADMINISTRATIVE

Table 2 ASBESTOS PROJECT AIR SAMPLING REQUIREMENTS

Figure 1 PERSONAL DECONTAMINATION SYSTEM ENCLOSURE

LARGE ASBESTOS PROJECT (OPTIONAL FOR SMALL ASBESTOS PROJECT)

Figure 2

LARGE ASBESTOS PROJECT

Figure 3

PARALLEL PERSONAL AND WASTE DECONTAMINATION SYSTEM ENCLOSURES

LARGE ASBESTOS PROJECT

Figure 4

Table 2
ASBESTOS PROJECT AIR SAMPLING REQUIREMENTS

Figure 1
PERSONAL DECONTAMINATION SYSTEM ENCLOSURE