Introduction • Explain some of the major changes in the revision to ICR 56 • Correlate revisions to federal regulations (EPA & OSHA) • Christopher Alonge, PE NYS DOL DOSH ESU Senior Safety and Health Engineer
Why were revisions necessary? • To comply with OSHA (29 CFR 1926.1101) & EPA regulations (40 CFR 763, 40 CFR 61) • To clarify many portions of ICR56 and include existing AVs within the code rule
ICR 56 Major Revisions • Many preliminary comments were submitted by stakeholders regarding the January 20, 2004 draft of the revised code rule. • The comments were reviewed by the Department and appropriate revisions incorporated into the revised code rule. • The previous January 20, 2004 draft together with the revisions represent the final document released to the public on July 20, 2005.
General Rulemaking Process • Governor’s Office of Regulatory Reform (GORR) Approval • Publication of Major Changes to Proposed Rule in State Register • Proposed Rule available through DOL • Official Public Comment Period (60 days) • Comment Responses Generated • Final Revisions due to comments • Adoption of Rule Announced in January 11, 2006 State Register
Current Rulemaking Status • Rule Adopted, Transition Period Until September 5, 2006 Effective Date • Comment Responses Spreadsheet generated by DOSH Engineering & Located on Website • Amended Code Rule 56 Located on Website • Transition Period information Located on Website • Guidance document to be released by Amended Code Rule effective date September 5, 2006
Transition Period • Old or New Code Rule may be used for Asbestos Projects through September 4, 2006 • Only New Code Rule for Asbestos Projects starting September 5, 2006 • If site-specific variance used for Asbestos Project, use Code Rule that variance is based upon for that Asbestos Project. • Effective September 5, 2006 all variance submissions must be prepared and submitted by a currently certified Project Designer.
Supplemental Documents • Guidance • The revised Code Rule can not address every situation. DOL is developing a guidance document to supplement the regulation and to assist stakeholders in implementing the regulation • The guidance document will be based upon current interpretations/clarifications and responses to pertinent comments received
Supplemental Documents (cont.) • Site-Specific Variances • All site-specific variances valid until termination date of variance decision. • New Site-specific variances will be valid for one year starting September 5, 2006. • All new site-specific variance decisions are based upon new amended code rule. • Submissions not based upon new code rule must be revised accordingly, before decision is granted by ESU.
Supplemental Documents (cont.) • Other Variances • All existing AVs, BVs, and Systemwide-Statewide Variances will terminate on September 4, 2006 • Petitioners will be contacted prior to termination date, to allow for necessary submissions based upon the new code rule • AV-107 for controlled demolition asbestos projects at municipally owned vacant residential buildings/structures is being re-evaluated, and a new AV may be issued by September 5, 2006
Typical Expected SSVs • Contaminated Area/Space Cleanup • Crawlspaces with Soil Floors • Large Tent Enclosures with Friable ACM Gross Removal • Incidental Disturbance Cleanup - greater than minor size • Dry Removal • Intact Component Removal • Floor Covering/mastic removal without hardwall barriers • Negative Air exhaust greater than 25 ft. • Decontamination Unit Size Reduction due to Logistics • Exterior Friable ACM or Non-friable ACM rendered friable abatement • Controlled Demolition Asbestos Project for structures not unsound • No Plasticizing on cleanable surfaces • Elevated Abandoned piping/conduit Wrap & Cut/Glovebag Removals
Multi-employer Worksites • Asbestos Abatement Contractor responsible to inform all employers at worksite about nature of their work, as well as PACM, ACM and asbestos material (known and assumed) at the work site. • Asbestos Abatement Contractor responsible to inform all non-asbestos contractors regarding prohibition of disturbance to PACM, ACM, and asbestos material at worksite. • Asbestos Abatement Contractor responsible for notification to owner, all employers and occupants, located in areas adjacent to Asbestos Project work areas, for each occurrence of elevated air sample results, resulting work stoppage and barrier inspection/repairs completed due to elevated air sample results.
Multi-employer Worksites (cont.) • All non-asbestos contractors responsible for notification to owner or their auth. representative upon discovery of PACM or suspect miscellaneous ACM that has not previously been identified within required inspections/surveys. • Building/structure owner or their auth. representative responsible to inform all employers expected to be at worksite during the project, about the presence, location and quantity of PACM, ACM or asbestos material, within the portion of the building/structure impacted by the entire project. • All contractors performing a supervisory role on demolition, renovation, remodeling or repair projects, shall prohibit disturbance of PACM, ACM or asbestos material by non-asbestos contractors under their direct supervision and control, and shall require all asbestos contractors to be in compliance with the code rule.
Cleanup of Uncontrolled ACM Disturbance • Who is responsible? • Upon discovery of uncontrolled disturbance, the Owner must contract with licensed asbestos contractor for immediate isolation and cleanup of disturbed ACM • The Owner shall vacate and generally isolate (cordon off and turn off impacted HVAC systems) the room/area/space from remainder of building/structure, until Asbestos Contractor arrives on site for completion of isolation procedures and immediate clean up of disturbance.
Phase I (Prior to Asbestos Abatement Contractor Mobilization) Pre-Abatement Phase II Start-------------------------Abatement-------------------------End Asbestos Project Phases of Work A B A B C D 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
Definitions • Asbestos Project Phasing chart • See chart within asbestos project definition(Phase IA-IB & IIA-IID) • Other major definitions added • Daily Project Log • PACM & Suspect Misc. ACM • OSHA work classes • Adequately wet • Building/Structure Owner’s Authorized Representative • Multi-employer work sites • NESHAP RACM • NESHAP non-friable categories • NOB ACM • AHERA-Bulk Sampling Categories - TSI, Surfacing & Suspect Miscellaneous • Asbestos Contractor • Asbestos Abatement Contractor • Asbestos Survey • Regulated Abatement Work Area
Recordkeeping/Notifications • Recordkeeping requirements clarified for non-abatement asbestos contractors • Project Record to be available on-site with owner’s representative during the active portion (phase II) of an asbestos project. • i.e. full-time project monitor or asbestos abatement contractor would be typical owner representatives – covered in guidance • Building owner responsible to maintain entire project record upon conclusion of asbestos project. • Copies of all project records for past asbestos projects to be turned over to new building/structure owner upon transfer of ownership • Notification requirements clarified for non-continuous asbestos projects
Project Air Sampling • Asbestos Abatement Contractor independent of air monitoring firm (must be contracted separately by owner) • Quantity of ACM in work area determines air sampling requirements for work area • Air sampling Technician on-site for duration of sample collection • Allow TEMs instead of PCMs for clearance • TEM clearance – AHERA protocols for clearance, unless TEM analysis of failed PCM air samples. If AHERA protocol not used for TEM clearance, ICR 56 clearance sampling and clearance criteria applies
Project Air Sampling • Table 2 – Asbestos Project Air Sampling Requirements • Major changes • Define requirements & criteria for background air samples • Preabatement air samples – replaced with work area preparation samples for large project friable ACM • Negative air exhaust – banking allowed • Clearance for Minor – required for incidental disturbance & if part of small or large project
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.
Asbestos Survey/Inspection • When is a survey required and by who? • Prior to Building/structure demolition, remodeling, renovation or repair for non-agricultural buildings/structures with construction commencement before 1974 unless condemned and structurally unsound • Portion of Building/structure impacted by project shall be inspected/surveyed for ACM by an asbestos contractor w/appropriately certified personnel
Asbestos Survey/Inspection(cont.) • Survey Exemptions and what they mean • Not required for agricultural building • Not required for structurally unsound structure • However, controlled demolition shall be an asbestos project (as per ICR 56-11.5) • Not required for owner of one or two-family dwelling, when the owner contracts for but does not control the demolition, renovation, remodeling or repair work • NOTE: survey required by owner’s agent • However, all contractors hired by the owner must still comply with OSHA & EPA, so all PACM and suspect misc. ACM is treated and handled as ACM and is assumed to be ACM until proven otherwise by appropriate laboratory analyses
Work Area Preparation • Asbestos Abatement Contractor Daily Project Log – summary of required entries • Decontamination Units • Eliminate airlock at work area • Define Clean room min. size • Include personal decon remote as well as when and how they may be used (some special projects, non-friables & tent with glovebag) • Remote waste decon eliminated • Small Project personal decon reduced to 3 chambers • Electric shutdown/isolation • shutdown exemption procedures included
Work Area Preparation(cont.) • Engineering Controls • Modify Negative air requirements • Eliminate piggy-back and restrict exhaust duct tubing to a maximum of 25 feet in length from neg. air unit • Reduce 50 foot exhaust requirement to 15 foot, or if exhaust directly to exterior, then seal openings within 15’ of exhaust location • Use of Manometer for OSHA class I Large & Small asbestos projects – document twice per shift • Exhaust Termination Location protected/surrounded by construction fencing
Work Area Preparation(cont.) • Barriers & Exemptions • Floor, Wall & Clg. plastic sheeting – eliminate sheeting on removal surfaces • Neg. press. Tents • Any quantity non-friables • Any quantity friable TSI w/glovebag-only abatement • Minor and small quantity gross removal of friable ACM w/contiguous decon. on small projects • Fire-retardant Spray Plastic • In lieu of 2 layers floor, wall & clg. plastic sheeting • Applied by trained personnel • Special Projects – See Subpart 11 • Removal of ceilings and components to access ACM – similar to former AV-86
Handling • Pre-abatement waiting period reduced to 4 hours and eliminated for exterior work where negative air is not required • Daily Inspection/repair required for barriers and negative air systems • Sequential Abatement - Multiple Abatement within a single regulated abatement work area • Top-down abatement and most friable to least friable • For example, ceiling friables, TSI, wall plasters and other friables, then class II non-friables other than flooring, ending with class II non-friable flooring • One complete cleaning at conclusion of each abatement type, clearance at conclusion of all abatement and cleanings • When is Dry Removal allowed – never according to the code…guidance issue…obtain written EPA approval first then submit for SSV with EPA approval
Final Cleaning Procedures • Process and settling periods • Still 3 cleans, but exemption from multiple cleans when no sheet poly required or tent enclosure is used • 2 Cleans required for pre-demo asbestos projects with 1 layer of sheet poly • Reduction in some of the settling/drying periods • Visual Inspections required following final cleaning and settling/drying period • Small and Large size work area visual inspection to be performed by project monitor hired by building owner independent of asbestos abatement contractor. Visual inspection as per ASTM E1368 to confirm that the scope of abatement is complete and no visible debris, residue or pools of liquid remain. • Supervisor responsible for completeness inspection prior to project monitor inspection.
Clearance Procedures • Exemption for exterior asbestos projects without negative pressure enclosures. • A satisfactory visual inspection shall serve as the clearance for these asbestos projects – exception included for 1-2 family owner-occupied residential building/structures – supervisor’s inspection allowed but must be acceptable to owner • Once appropriate clearance has been obtained for an asbestos project, remaining work area prep shall be removed, concluding with the decontamination system enclosures
Waste Removal from site • All waste to be removed from work site within ten calendar days after successful completion of Phase IIC clearance procedures for all work areas (or turned over to owner for owner’s disposal) • All waste removed from site shall be documented, accounted for and disposed of in compliance with EPA NESHAP
Special Projects • In-Plant Operation changes and what they mean • Same as before, but now allowed ACM materials include any quantity non-friable organically bound (NOB) ACM by outside asbestos contractors • Note – Only current ELAP approved labs can make the NOB ACM determination from bulk samples of non-friable suspect ACM material • Emergency projects-must call for approval to proceed with project. SSV may be necessary • Minor Projects • decontamination room or area required • includes minor size work area and isolated O & M event
Special Projects(cont.) • Pre-demo projects • Non-porous salvage items may be removed prior to abatement – no disturbance to ACM • Porous walls and floors – one layer of plastic sheeting required instead of 2 layers. • Non-porous cleanable walls, floors and ceilings don’t require plastic sheeting. • Controlled Demolition w/ACM in place - similar to AV-106
Special Projects (cont.) • Exterior Non-friable roofing, siding, caulking, glazing compound, tars, sealers, coatings & other non-friable ACMs – similar to AV-84, AV-89, AV-119 & typical exterior caulking/glazing SSV • Non-friable flooring &Mastic – similar to AV-120 • Critical barriers, isolation barriers & Negative air ventilation systems required at a minimum • Note – Beadblaster or other abrasive abatement methods require asbestos project abatement as per full requirements of ICR 56 including attached decon and 6 air changes per hour • Abandoned pipe/duct/conduit wrap & cut – similar to AV-87, only with less limitations