Transcript Major Revisions to ICR 56

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 SystemwideStatewide 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 reevaluated, and a new AV may be issued by
September 5, 2006
Typical Expected SSVs

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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.
Asbestos Project Phases of Work
Phase I
(Prior to Asbestos Abatement
Contractor Mobilization)
Pre-Abatement
Phase II
Start-------------------------Abatement-------------------------End
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
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Asbestos Project Phasing chart

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See chart within asbestos project definition(Phase IA-IB
& IIA-IID)
Other major definitions added
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Daily Project Log
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PACM & Suspect Misc. ACM
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OSHA work classes
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Adequately wet
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Building/Structure Owner’s Authorized Representative
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Multi-employer work sites
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NESHAP RACM
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NESHAP non-friable categories
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NOB ACM
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AHERA-Bulk Sampling Categories - TSI, Surfacing &
Suspect Miscellaneous
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Asbestos Contractor
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Asbestos Abatement Contractor
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Asbestos Survey
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Regulated Abatement Work Area
Recordkeeping/Notifications
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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.
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Building owner responsible to maintain entire project record upon
conclusion of asbestos project.
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i.e. full-time project monitor or asbestos abatement
contractor would be typical owner representatives – covered
in guidance
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
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Asbestos Abatement Contractor independent of air
monitoring firm (must be contracted separately by
owner)
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Quantity of ACM in work area determines air sampling
requirements for work area
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Air sampling Technician on-site for duration of sample
collection
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Allow TEMs instead of PCMs for clearance
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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
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Table 2 – Asbestos Project Air Sampling Requirements
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Major changes
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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)
SMALL ASBESTOS PROJECT
OR SMALL SIZE REGULATED
ABATEMENT WORK AREA
Minimum Samples
Required (1)
MINOR ASBESTOS PROJECT
OR MINOR SIZE REGULATED
ABATEMENT WORK AREA
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)
Required(6)
Required
Not Required
3 Inside Regulated
Abatement Work Area
&
3 Outside Regulated
Abatement Work Area in
Building/Structure (2)
0
Not Required
Not Required
Required(3, 4)
0
0
1 Inside Regulated
Abatement Work Area
&
1 Outside Regulated
Abatement Work Area
3 Inside Regulated
Abatement Work Area
&
3 Outside Regulated
Abatement Work Area in
Building/Structure (2)
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
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Not required for structurally unsound structure
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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

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However, controlled demolition shall be an asbestos project (as
per ICR 56-11.5)
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
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Asbestos Abatement Contractor Daily Project Log – summary
of required entries
Decontamination Units
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Eliminate airlock at work area
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Define Clean room min. size
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Include personal decon remote as well as when and how
they may be used (some special projects, non-friables &
tent with glovebag)
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Remote waste decon eliminated
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Small Project personal decon reduced to 3 chambers
Electric shutdown/isolation
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shutdown exemption procedures included
Work Area
Preparation(cont.)
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Engineering Controls
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Modify Negative air requirements
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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
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Exhaust Termination Location protected/surrounded by
construction fencing
Work Area Preparation(cont.)
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Barriers & Exemptions
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Floor, Wall & Clg. plastic sheeting – eliminate sheeting on
removal surfaces
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Neg. press. Tents
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Any quantity non-friables
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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
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Removal of ceilings and components to access ACM –
similar to former AV-86
Handling
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Pre-abatement waiting period reduced to 4 hours and eliminated for
exterior work where negative air is not required
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Daily Inspection/repair required for barriers and negative air systems

Sequential Abatement - Multiple Abatement within a single regulated
abatement work area
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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

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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
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Exemption for exterior asbestos projects without negative
pressure enclosures.

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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
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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
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decontamination room or area required
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includes minor size work area and isolated O & M event
Special Projects(cont.)
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Pre-demo projects
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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 AV106
Special Projects (cont.)

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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