Transcript Major Revisions to ICR 56

2009 ICR 56 Rulemaking
&
Guidance Document (v2.0)
Introduction

Review Variance time limits, Current AVs, Anticipated
AVs for 2009 now to be included within the amended
code & New Variance Petition Form SH752

2009 ICR 56 Rulemaking to address Fire & Life Safety
Issues, successor law revisions, & minor clarifications

Explain the major revisions in the Guidance Document
(v2.0)

Christopher Alonge, PE
NYS DOL DOSH ESU
Associate Safety & Health Engineer
Variance Decision Time
Limits

Site-specific variances issued valid for
one year (except K-12 schools – 2
years)

Multi-location variances issued (FWV,
STWV, SWV) valid for 2 years

AV no specified time limit

BV issued for 3 years
Current Applicable
Variances (all to be included within the
amended ICR 56)

AV-A-1 Requirements for controlled demolition
asbestos projects at municipally owned vacant
residential buildings/structures (56-11.5)

AV-A-2 Requirements for extension of negative air
exhaust tube greater than 25 foot in length (56-7.8)

AV-A-3 Non-friable ACM Floor Covering Mastic
Removal Using Chemical Methods along with Lowspeed Floor Buffers (56-11.7)

AV-A-4 Removal or Cleanup of Intact Minor Size Nonfriable ACM Floor Tile (56-11.3)
AV-A-1 (56-11.5)

AV-A-1 Requirements for controlled demolition asbestos
projects at municipally owned 3333vacant residential
buildings/structures

For structurally unsound buildings, 56-11.5 shall be
followed.

For buildings not unsound, as per EPA NESHAP, an
asbestos survey must be completed, and all friable ACM
must be removed prior to demolition, as well as all nonfriable ACM that will likely become friable during
demolition.

Only non-friable ACM remains during controlled
demolition.

All waste generated is still considered asbestoscontaminated, but as only non-friable ACM remains,
disposal by appropriate legal means

Structural members, steel components and similar nonsuspect items must be fully decontaminated as per ICR
56 prior to being treated as salvage
AV-A-2 (56-7.8)

AV-A-2 Requirements for extension of negative air exhaust
tube greater than 25 foot in length

For up to 100 ft. in length, prescriptive procedures for
modification of tube to maintain flow (increase diameter,
no obstructions, smooth bore, etc.) For over 100 ft. in
length, engineering analysis performed by PE required to
verify that the additional duct will not reduce the
machine’s airflow below the acceptable value.

Booster Exhaust Fan Units – For any length exhaust
tube, an unfiltered booster fan of equal flow capacity
shall be installed per 25 foot of downstream exhaust
ducting from the ventilation unit. Each booster fan shall
shut down automatically if airflow from the upstream
filtered ventilation unit is lost
AV-A-3 (56-11.7)

AV-A-3 Non-friable ACM Floor Covering Mastic
Removal Using Chemical Methods along with Lowspeed Floor Buffers

One-layer splashguard at bottom of walls

Hardwall Isolation Barriers not required at barrier
locations only accessible to certified personnel

Low-speed Floor Buffer(<300RPM), with low
abrasion pads

Remote p.decon allowed for work areas with
HEPA-exhausted floor buffers, but no debris or
residue allowed on waste bags/containers, decon
floors or designated pathway floor surfaces

Attached Personal Decontamination Enclosure if
Buffer not HEPA exhausted
AV-A-4 (56-11.3)

AV-A-4 Removal or Cleanup of Intact Minor Size Nonfriable ACM Floor Tile.

O&M Minor size project allowed to be completed
within regulated area instead of a negative
pressure tent enclosure.

Floor tile must remain intact or substantially intact
during removal and/or cleanup.

Drilling, sawcutting, use of chemical solvents, or
use of any other method that may render the ACM
friable or no longer substantially intact is
prohibited.

Minimal breakage of ACM flooring is allowed, but
the ACM matrix must remain substantially intact.

No Project Air Monitoring Required.
Potential AVs – anticipated to
be included within amended ICR 56



Mechanical fastening of Items/Components or Systems – Penetrating
Through Non-friable ACM – As per OSHA – considered Class III
asbestos project work
Small & Minor Size Asbestos Disturbance Cleanup Projects – to be
used for cleanup of all type asbestos disturbances
Buried Non-friable ACM Piping O&M Abatement – For Owners with
Buried ACM Piping – variance to apply to entire ACM piping system.

Allow use of Commercially Available Reusable Tent Enclosures for
Minor size O&M Tent Enclosure Asbestos Projects

Prescriptive procedures for construction of a hardwall tunnel passing
through a work area
Potential AV (56-11.3)

Mechanical fastening of Items/Components or Systems –
Penetrating Through Non-friable ACM – Considered an O&M
Asbestos Project (less than 10 sq. ft. ACM impacted)

Drilling Prohibited

ACM not to be used as structural support

O & M training and certification at a minimum

No generation of debris allowed during fastening operations

Cat. I NF ACM - Sealant/caulking applied to ACM surface at
point of intended impact, system overlayment/attachment
allowed

Cat. II NF ACM – Self-adhesive asphalt based ice & water
shield to be installed to ACM surface at framing/support
system point of intended fastener impact. System
overlayment/attachment not allowed to be directly fastened
to ACM
Potential AV (56-11.2)

Small & Minor Size Asbestos Disturbance Cleanup
Projects – to be used for cleanup of all type asbestos
disturbances



Exterior Non-friable Asbestos Cleanup Projects
•
Restricted area with minimum buffer zone requirements
•
Remote Personal Decon allowed – if manual wet methods
to be used
•
Negative Air Containment Enclosure not required
•
Daily Abatement and Clearance Air Sampling required
Interior Non-friable Asbestos Cleanup Projects
•
Restricted area required
•
Remote Personal Decon allowed - if manual wet methods
to be used
•
Negative Air Containment Enclosure required
•
Daily Abatement and Clearance Air Sampling required
Interior and Exterior Friable Asbestos Cleanup Projects
•
Restricted area required
•
Attached Personal Decon required
•
Negative Air Containment Enclosure required
•
Daily Abatement and Clearance Air Sampling required
Potential AV (56-11.9)

Buried Non-friable ACM Piping O&M Abatement
– For Owners with Buried ACM Piping – variance
to apply to entire ACM piping system

O & M training and certification at a minimum, including
heavy equipment operators that potentially disturb ACM.
Handler (worker) training and certification required if
quantity of ACM j impacted is greater than minor size

Open air regulated abatement work area allowed,
provided wet manual methods or wet powered shearing
methods utilized.

Sawcutting not allowed.

Non-friable ACM not allowed to be rendered friable
during abatement.

All generated debris removed from excavation
Potential AV (56-11.3)

Allow use of Commercially Available
Reusable Tent Enclosures for Minor size
O&M Tent Enclosure Asbestos Projects

Single layer commercial tent enclosures allowed that are
constructed with minimum 12 mil thickness fire retardant
plastic sheeting.

Commercially available tent enclosures must be
designed for reuse at minor size asbestos projects and
asbestos abatement contractor is responsible for
following manufacturer instructions regarding use,
including cleaning after use and repairs prior to reuse.

Lockdown encapsulant not required to be applied to
interior of tent enclosure during final cleaning.

The tent enclosure shall be inspected prior to each use
and repaired as necessary as per manufacturer
instructions.
New Variance Petition
Form SH-752

SH-752 Form Approved 2/08

Exclusive use required. DOSH-751 no longer
accepted

Located On DOSH Website

Clarified Requirements

Petitioner, petitioner’s agent, and designer
information

Explanation necessary if petition related to safety
& health emergency

Completion of work area description table per
work area and work procedure

Requires more comprehensive and detailed
approach to submissions
Fire & Life Safety Issues - to
be added within ICR56

Accessible Means of Egress from all work areas shall be installed,
marked inside and out, and shall be maintained throughout the
asbestos project, as per all pertinent federal state and local
regulations. In general, means of egress is a continuous and
unobstructed path of vertical and horizontal egress travel from any
occupied portion of a building or structure to a public way. A means
of egress consisted of three separate and distinct parts: the exit
access, the exit and the exit discharge.

If building is occupied, no alterations allowed to existing means of
egress including exit signage and illumination. Means of egress
must be maintained for the duration of the asbestos project

For unoccupied buildings undergoing construction or preparation for
demolition, that are greater than fifty (50) feet in height, or four or
more stories, at least one lighted stairway with adequate exit
signage including directionality, shall be provided and maintained for
the duration of the asbestos project

Maintain existing fire protection systems at building throughout
asbestos project as per New York State Uniform Fire Prevention and
Building Code requirements, and any local regulations. No person
shall remove or modify any fire protection system installed or
maintained under the provisions of the New York State Uniform Fire
Prevention and Building Code without approval by the code
enforcement official.
Fire & Life Safety Issues to be added within ICR56

Pre-demolition asbestos projects at vacant buildings with an existing
standpipe, must have such standpipe maintained in an operational
condition to one floor below the asbestos project work.

A copy of the current prefire plan for the asbestos project shall be
available on-site and a copy shall be provided to the Fire Chief having
jurisdiction at the site. Emergency evacuation route maps for each
work area shall be posted at the attached decontamination system
enclosures, the ground floor lobby or comparable location, and at all
exits from each work area.

If variation from The New York State Uniform Fire Prevention and
Building Code or local regulations is required for fire or life safety
issues relating to, or resulting from the asbestos project, all appropriate
permits must be obtained using New York State registered design
professionals as required by pertinent state or local agency. If a permit
is not required for the variation, then written approval of the variation
must be obtained from the pertinent agency and made part of the
project record. This documentation must be available on-site for the
duration of Phase II of the asbestos project. Copies of each approved
variation to pertinent regulations shall be given to the Fire Chief having
jurisdiction at the site, prior to implementation of the variation.
Fire & Life Safety Issues to be added within ICR56

Negative Air Ventilation System Disconnect Switch. If the
containment enclosure area of an asbestos project covers the
entire floor of the affected building/structure, or an area
greater than 15,000 square feet on any given floor, then the
installation of a negative air ventilation system disconnect
switch or switches shall be required at a single location one
floor below the lowest floor of the containment enclosure work
area, such as inside a stairwell, or at a secured location in the
ground floor lobby when conditions warrant. The required
switch or switches shall be installed by a licensed electrician
in compliance with all applicable state and local building and
fire codes. The required switch or switches shall be
maintained by the asbestos abatement contractor throughout
Phase II of the asbestos project. If negative air ventilation
equipment is used on multiple floors, the disconnect switch or
switches shall be able to turn off the equipment on all floors.
The switch or switches location shall be coordinated with the
Fire Chief who has jurisdiction at the site, and notice of the
switch or switches location shall be posted in the ground floor
lobby or comparable location.
Fire & Life Safety Issues to be added within ICR56

Fire-Retardant Plywood. All sheathing used for
construction of temporary barriers and
decontamination system enclosures at Phase II
asbestos project operations shall be minimum 3/8-inch
thickness fire-retardant plywood.

Exits. Exits from the regulated abatement work area
shall be maintained or alternate exits shall be
established and appropriately signed according to all
applicable codes. Temporary hardwall barriers are not
required at work area exit locations. Exits shall be
inspected daily by the supervisor for blockage or
impediments to exiting. Signs clearly indicating the
direction of exits shall be maintained and prominently
displayed within the work area. Exits from the work
area shall be constructed using two (2) layers of at
least six (6) mil fire-retardant plastic sheeting sealed
airtight with duct tape. Utility knives shall be taped to
the work area side of each exit once the exit has been
established.
Fire & Life Safety Issues to be added within ICR56

Barriers Over Active Fire Protection System
Components. Active fire protection system components
shall not be considered fixed objects subject to plasticization,
and shall not be obscured with critical barriers or isolation
barriers.


Exposed fire protection system devices shall be cleaned by
wet-wiping and/or HEPA-vacuuming during each required
stage of cleaning.
Notifications. On each NYS DOL asbestos project
notification, the name, current NYS certification/ professional
license and registration number, and contact phone number
must be provided, for the code compliance technician or
registered design professional who has reviewed the project
documents and provided written acceptance of compliance
with all applicable federal, state and local building and fire
code regulations, for implementation of the asbestos project.
The written acceptance shall be made part of the project
record.
Fire & Life Safety Issues - to
be added within ICR56

All variance petition submissions shall include a statement by
a current New York State registered design professional in
New York State regarding compliance with all aspects of The
New York State Uniform Fire Prevention and Building Code
and local regulations for fire or life safety issues relating to, or
resulting from the asbestos project. Form DOSH-752 to be
revised accordingly.

If variation from The New York State Uniform Fire
Prevention and Building Code or local regulations is
required for fire or life safety issues relating to, or
resulting from the asbestos project, all appropriate
permits must be obtained using a New York State
registered design professional as required by pertinent
state or local agency. If a permit is not required for the
variation, then written approval of the variation must be
obtained from the pertinent agency and made part of the
project record. This documentation must be provided
with each variance petition.
ICR 56 Guidance Document
(v2.0) Development

The Code Rule can not address every
situation. DOL has developed the guidance
document to supplement the regulation and to
assist stakeholders in implementing the
regulation

The most recent revision of the guidance
document is based upon current
interpretations/clarifications and responses to
pertinent questions received

Located on DOL website

Dynamic in nature - first revision released in
2009 ~ 340 questions/answers
MAJOR ISSUES
INCLUDED WITHIN 1ST
REVISION OF
GUIDANCE DOCUMENT
Cleanup of Uncontrolled
ACM Disturbance

Q: Who is responsible?

A: 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 Cleanup
Project Preliminary
Requirements
For all cleanup scenarios the following applies:

Once a disturbance (debris) is discovered, it must be cleaned up as
soon as possible.

For all disturbances, the room/space/area must be vacated and
isolated immediately, and an asbestos contractor must be hired for
appropriate cleanup of affected room/area/space.

Currently, a site-specific variance is necessary for cleanup of any
disturbance other then a Minor size incidental disturbance.

For all asbestos cleanup projects, quantification is based on the
affected square footage of the surfaces to be cleaned up, not the
quantity of ACM prior to disturbance.

Once the affected room/space/area has been vacated and isolated,
the extent of contamination shall be determined by a certified inspector
(working with a project designer if a variance is anticipated), using air
sampling technicians and additional inspectors as necessary. These
certified individuals shall use visual debris/contamination identification
and assessment, static (ambient) air sampling of the potentially
contaminated area, and adequate bulk sampling/analysis of the
remaining dust and debris to define the limits of the contamination that
must be cleaned up.
Asbestos Cleanup
Project Preliminary
Requirements (cont.)




For all minor size cleanups [see 2.1(b)(p) definition] emergency
notification as per 56-3.5 and 56-11.2 must occur [phone call to local
ACB district to notify the supervisor of the pertinent details regarding
the minor size asbestos project cleanup], prior to proceeding with the
cleanup as per 56-11.2(f).
In addition, any cleanup scenario over a minor size (10 sq. ft. of
affected surfaces to be cleaned), requires submission of a site-specific
variance petition.
For cleanups that require submission of a site-specific variance
petition, the project designer shall include within the variance petition,
a plan for cleanup (along with any necessary removals or repair of
damaged materials) that will take into account accessibility, air
movement, exposure potential and other pertinent conditions that may
affect the proposed procedures.
If the project designer requests delay of scheduling the necessary
cleanup projects, appropriate supporting information must be provided
and necessary precautions must be included for maintaining isolation
of the affected area until cleanup is scheduled and completed. The
Department will review the plan, assessment of exposure potential and
proposed procedures, prior to granting a variance decision that will not
adversely affect the building occupants or the general public.
Overlayment of ACM
Roofing/Flooring

Q: Is overlayment of ACM floor tile with mastic and
carpet, and/or covering with floor leveler an asbestos
project?

A: Overlayment of a floor, wall, ceiling or roofing
system over an intact non-friable ACM using an
adhesive or leveling compound is not considered an
asbestos project unless the ACM is disturbed during
the overlayment procedure.

Any penetrations to the ACM or impact to the intact
ACM matrix would be considered a disturbance.

Note: non-asbestos contractor performing
overlayment must be informed of the presence and
location of the ACM, and that disturbance is
prohibited. All on-site contractor personnel must
have current OSHA asbestos awareness training.
Bulk Samples – Minimum # Required


Q: For miscellaneous materials, the EPA states that
bulk sampling should be performed as follows:
 Miscellaneous material & Non-friable suspected
ACBM. In a manner sufficient to determine
whether material is ACM or not ACM, an
accredited inspector shall collect bulk samples
from each homogeneous area…
Does this mean for miscellaneous and non-friable
ACBM, a minimum of two samples per homogeneous
area must be collected and analyzed to verify the
material is negative?
A: Yes, you are correct. As provided by EPA, “EPA
agrees that the regulations cited (AHERA 763.86 c&d)
use the plural word "samples" and, therefore, two
samples are the minimum number of samples for
miscellaneous material and nonfriable suspected
ACBM.” Thus, if a minimum of two bulk samples have
not been collected and analyzed, then the
homogenous area is still assumed to be ACM until the
appropriate number of bulk samples have been
collected and analyzed. Only with an adequate
number of negative bulk sample analyses, can the
ACM assumption be rebutted as per OSHA, and EPA
requirements.
Asbestos Survey Requirements

Q: When performing an inspection in areas that have a
drop ceiling which is not itself ACM, with known friable
ACM and/or PACM above, can these tiles be removed
to perform sampling of PACM and/or determine the
quantities and condition of ACM and PACM? Section
7.11 (f) (4) does not allow for a drop ceiling to be
removed unless the area is contained and under
negative pressure, however this section deals only
with work area preparation. Does this also pertain to
the inspection process as well?

A: Regarding inspection/survey of interstitial ceiling
spaces, appropriate PPE should be worn, and if debris
is discovered above a suspended ceiling, the inspector
must notify the owner of the debris and required
cleanup. The inspector should immediately exit the
contaminated space, as no engineering controls have
been installed and any further access to the
contaminated space may potentially spread the
contamination. Once the necessary debris clean up
complete, a certified inspector may complete the
remainder of the required inspection.
Conflict of Interest




Q: Can a company that is a licensed asbestos handler
(restricted) hire an abatement contractor for a project
on behalf of a client, and also conduct the air sampling
and/or project monitoring for that project?
A: If a consulting firm (as a representative of the
building owner) contracts the abatement contractor to
complete the asbestos project, that consultant can not
perform the area air sampling or the project monitoring
for the asbestos project. [see 56-4.4(a), 56-9.1(d)(1) &
56-9.2(e)(1)].
Q: Can a licensed asbestos contractor perform an
asbestos survey for a project and also do the
abatement?
A: The conflict of interest arises with Oversight of
the Phase II abatement work. The asbestos
abatement contractor could perform the Phase I
asbestos survey, or the project monitoring firm, or the
air monitoring firm, or the project design firm. It
doesn’t matter which asbestos contractor performs the
survey, it is not considered a conflict as it is completed
prior to Phase II.
Waste Clean-up in Work
Area

Q: May I temporarily store single bagged ACM in the work
area until removal is complete?

A: At no time can the single-bagged waste that is temporarily
stored in the regulated abatement work area impede entry/exit
to or from the work area.


For example, a room within the work area (not part of the
egress route from the work area) may be designated as a
temporary storage area for single-bagged waste, until a
waste bagout can be scheduled, but a hallway that is part
of the egress route in the work area, could not be used for
temporary storage of waste bags as the work area egress
route would be impeded.
Obviously, all waste bags/containers must be removed from
the work area prior to commencement of the project monitor
visual inspection required as per ICR 56-9.
Clearance Air Sampling
Aggressive Techniques

Q: Is the use of aggressive air sampling techniques required for
collection of clearance air samples from a regulated abatement work
area without a negative pressure enclosure (full containment or tent
enclosure)?

Answer:

For exterior regulated abatement work areas that are not required to have a
negative pressure containment enclosure of some kind, aggressive methods
are not be required to be utilized.

However, nothing is currently included in ICR 56 regarding relief from
aggressive air sampling procedures for interior asbestos projects completed
without a negative pressure enclosure, such as wrap and cut asbestos
projects completed as per 56-11.8(b)(4). For these type of asbestos
projects, clearance air sampling is required, but as there is no negative
pressure enclosure, the Department agrees that consistent with intent,
aggressive sampling techniques should not be used for this situation.

For interior wrap and cut asbestos projects, the next revision to the code will
require daily abatement air sampling both inside and outside of the work
area and allow the use the most recent set of daily abatement air sample
results for comparison to clearance criteria. These satisfactory air sample
results in combination with a satisfactory project monitor visual inspection
would serve as acceptable clearance for the work area.

No revision for in-plant projects, just clarify that negative air ventilation is
required in any work area during aggressive clearance air sampling. This
clarification will be included within the next revision to ICR 56
Minor Size Project/Work
Area Requirements


Q: Is continuous negative air with 4 air changes per hour
required to be established and maintained until air clearance is
received?
Answer:


Negative air must be established as per 7.8(a) and maintained
throughout the abatement and cleaning process. However as
indicated in 56-11.3(e)(7-10), once the final cleaning is complete,
20 minutes have elapsed, the satisfactory visual inspection is
complete, and all workers have exited the tent enclosure, the
tent shall be sealed and the HEPA vacuum shut down.
However, for multiple minor tent enclosures that comprise a
small or large project, satisfactory clearance air samples are
also required in addition to the satisfactory supervisor visual
inspection [see 56-9.2(d)(4)]. In this situation, as the tent
enclosure has not yet met clearance criteria (satisfactory visual
plus satisfactory clearance air samples), the negative air must
be re-established prior to the start of clearance air sampling, as
the air sampling technician must enter the tent enclosure for
collection of the interior air sample. After the technician has
completed collection of the clearance air samples and 20
minutes have elapsed, the tent may be resealed and the HEPA
vacuum shut down. This clarification will be included within the
next revision to ICR 56.
Wrap & Cut Asbestos
Projects

Q: For a Small or Large project, is it the intent of the Code
for clearance samples to be required for each negative
pressure enclosure (tent) where insulation is removed to
allow for the cuts; multiple Minors as part of a Large or
Small project per 56-4 Table 2? Do the tents used for
glovebag removals at locations where pipe is cut require
clearance sampling prior to cutting and removing the pipe
and subsequent clearance of the entire area?

Answer:

The individual tent enclosures do not require clearance air
samples to be collected, only a visual inspection by a
supervisor (for all size work areas) followed by a project
monitor visual inspection (for small and large size work
areas). After a satisfactory visual inspection, the tent(s) may
be broken down.

Once all abatement work and cleaning is complete within the
work area, then a visual inspection is completed for the entire
work area as per ICR 56, prior to commencement of
clearance air monitoring as necessary, per ICR 56.