Explain some of the major changes in the revision to ICR 56

1
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

2
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

3
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.

4
General Rulemaking Process

• Governors 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

5
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

6
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.

7
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

8
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.

9
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

10
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

11
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.

12
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.

13
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.

14
Asbestos Project Phases of Work
15
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 Owners 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

16
Recordkeeping/Notifications

• Recordkeeping requirements clarified for
  non-abatement asbestos contractors
• Project Record to be available on-site with
  owners 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

17
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

18
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

19
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.
20
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

21
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 owners 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

22
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

23
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

24
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

25
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 codeguidance issueobtain written EPA
  approval first then submit for SSV with EPA
  approval

26
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.

27
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 supervisors
  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

28
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 owners disposal)
• All waste removed from site shall be documented,
  accounted for and disposed of in compliance with
  EPA NESHAP

29
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

30
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
  dont require plastic sheeting.
• Controlled Demolition w/ACM in place - similar to
  AV-106

31
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