1. Asbestos 101 For Code Enforcement Officials Date: 1

2. Introduction Presenter: TBD Course Content: Review Nature of Asbestos & Related Health Hazards Review NYS DOL ICR 56 Asbestos Project Requirements CEO role in Asbestos Projects 2

3. The word asbestos derives from a Greek word meaning “inextinguishable”. Asbestos 3

4. What is Asbestos? Asbestos: Any naturally occurring hydrated mineral silicate separable into commercially usable fibers, including chrysotile, amosite, crocidolite, tremolite, anthophyllite and actinolite 4

5. Chrysotile >95% of all asbestos (white) Amosite <5% of all asbestos (brown) Crocidolite (blue) <1% Tremolite Anthophyllite Actinolite Asbestos Types 5

6. Tremolite, Anthophyllite, Actinolite – Little commercial value – Usually a contaminant of other asbestos or material type Asbestos Types con’t 6

7. 7

8. Asbestos Ore 8

9. Asbestos 9

10. Asbestos Classes 10

11. Chrysotile Asbestos 11

12. Amphibole Fibers As Seen Under a Scanning Electron Microscope 12

13. First known use: 2,500 B.C. pottery and hut insulation – Greeks spun and used in cloth – Used for wicks in sacred lamps – Pottery First Uses 13

14. Milestones in the History of Asbestos 1900 - Asbestos recognized as cause of lung disease. 1918 - Insurance companies refuse to insure asbestos workers. 1924 - Asbestos established as cause of death from lung disease. 1929 - Asbestos workers begin suing Johns-Manville for damages. 1950’s - Asbestos linked to lung cancer and mesothelioma. 1964 - Dr. Selikoff publishes landmark study on asbestos disease. 1971 - OSHA regulates asbestos. EPA lists asbestos as a pollutant. 1972- OSHA establishes PEL as 5 f/cc. 14

15. Milestones in the History of Asbestos 1973 - First NESHAPs rule enacted. Bans spray application of asbestos fireproofing. Asbestos consumption in U.S. hits high of 800,000 tons. 1975 - NESHAPs bans most asbestos thermal insulation. 1976 - OSHA reduces PEL to 2 f/cc. 1979 - CPSC reports that asbestos emitted by hair dryers may pose a significant health threat to consumers. 1984 - Congress passes Asbestos Hazard Emergency Response Act (AHERA). 1986 - OSHA reduces PEL to 0.2 f/cc. 1987 - New York State enacts asbestos legislation. 1994 - OSHA reduces PEL to 0.1 f/cc. 1999 - EU bans nearly all forms of chrysotile asbestos. 2000 – US. vs. AAR Contractors (Salvagno’s in Latham, NY) – largest environmental crime penalty and sentence ever levied. 15

16. USES AND CHARACTERISTICS OF ASBESTOS 16

17. Characteristics of Asbestos Properties which make asbestos a popular building material: » Heat Tolerance - can withstand temperatures of 1000 0 F. (Excellent for both hot and cold). » Strength/Durability - higher degree of tensile strength and resistance to abrasion than virtually any man- made material. » Chemical Resistance. » Electrical Insulation - excellent non-conductor. » Sound Absorption. » Excellent binding, filtration and wet strength. 17

18. What is ACM and PACM? ACM- Asbestos Containing Material. Any material containing greater than one percent (1%) of asbestos. PACM- Presumed Asbestos Containing Material. All Thermal System Insulations (TSI) 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 analysis. 18

19. Uses of Asbestos Greatest use between 1900 - 1970. Used in over 3,500 products - insulation and fireproofing, roofing and flooring felts, cement products, floor and roof coverings, friction materials, coatings, sealants, plastics, packings, gaskets, textiles, consumer products, etc... 19

20. TSI – Insulation material applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat gain or loss. 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). Definitions 20

21. Definitions 21 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. All suspect miscellaneous ACM must be assumed to be ACM, unless proven otherwise by appropriate bulk sampling and laboratory analyses.

22. Thermal Systems Insulations: –Equipment Insulation; –Boiler, breeching, duct, or tank insulation, cement or mortar used for boilers and refractory brick; –Piping and fitting Insulations including but not limited to, wrapped paper, air-cell, millboard, rope, cork, preformed plaster, job molded plaster and coverings over fibrous glass insulation. 22

23. Surfacing Material (friable- spray or trowel applied): –Fireproofing; –Acoustical plaster; –Finish plasters; and –Skim coats of joint compound. 23

24. Miscellaneous (Everything Else): –Roofing/Siding [Insulation Board, Vapor Barriers, Coatings, Non-Metallic or Non-Wood Roof Decking, Felts, Cementitious Board (Transite), Flashing, Shingles, and Galbestos] –Floor Tile, Cove Base, Floor Leveler Compound, Ceiling Tile, Vermiculite Insulation, Gaskets, Seals, Sealants (including for condensate control), Vibration Isolators, Laboratory Tables and Hoods, Chalkboards, Pipe Penetration Packing or Other Firestopping Materials, Cementitious Pipe (Transite), Cementitious Board (Transite), Electrical Wire Insulation, Fire Curtains, Fire Blankets, Fire Doors, Brakes and Clutches, Mastics, Adhesives and Glues, Caulks, Sheet Flooring (Linoleum), Wallpaper, Drywall, Plasterboard, Spackling/Joint Compound, Textured Paint, Grout, Glazing Compound, Terrazzo, and Boiler Rope. 24

25. Popular Asbestos Containing Products Ceiling Tiles and Lay-in Panels Chalkboards Spray Applied Insulation Roofing Shingles Blown-In Insulation Roofing Felt Fireproofing Materials Base Flashing Taping Compound (thermal) Thermal Paper Products Packing Materials (wall/floor penetrations) Fire Doors High Temperature Gaskets Caulking/Putty Laboratory Fume Hoods, Table Tops Laboratory Gloves 25

26. Popular Asbestos Containing Products Cement Pipe Elevator Brake Shoes Cement Wallboard HVAC Duct Insulation Cement Siding Boiler Insulation Asphalt Floor Tile Fire Blankets Joint Compound Fire Curtains Vinyl Wall Coverings Elevator Equipment Panels Spackling Compound Breeching Insulation Vinyl Floor Tile 26

27. Popular Asbestos Containing Products Ductwork Flexible Fabric Connectors Vinyl Sheet Flooring Cooling Towers Flooring backing Pipe Insulation (corrugated, air-cell, block, etc.) Construction Mastics (floor tile, carpet, ceiling tile) Heating and electrical ducts Acoustical Plaster Electrical Panel Partitions Decorative Plaster Electrical Cloth Textured Paints/Coatings Electrical Wire Insulation 27

28. BANNED????? 28

29. Not Quite! 29

30. Regulatory History of Asbestos Bans In 1973, EPA banned spray-applied surfacing asbestos-containing material for fireproofing/insulating purposes. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR Part 61, Subpart M40 CFR Part 61, Subpart M In 1975, EPA banned installation of asbestos pipe insulation and asbestos block insulation on facility components, such as boilers and hot water tanks, if the materials are either pre-formed (molded) and friable or wet-applied and friable after drying. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR Part 61, Subpart M40 CFR Part 61, Subpart M In 1978, EPA banned spray-applied surfacing materials for purposes not already banned. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR Part 61, Subpart M40 CFR Part 61, Subpart M 30

31. Regulatory History of Asbestos Bans In 1977, the Consumer Product Safety Commission (CPSC) banned the use of asbestos in artificial fireplace embers and wall patching compounds. (See 16 CFR Part 1305 and 16 CFR 1304)Consumer Product Safety Commission (CPSC)16 CFR Part 130516 CFR 1304) In 1989, the EPA issued a final rule under Section 6 of Toxic Substances Control Act (TSCA) banning most asbestos-containing products. However, in 1991, this rule was vacated and remanded by the Fifth Circuit Court of Appeals. As a result, most of the original ban on the manufacture, importation, processing, or distribution in commerce for the majority of the asbestos-containing products originally covered in the 1989 final rule was overturned. See 40 CFR 763 Subpart I.40 CFR 763 Subpart I 31

32. Toxic Substances Control Act (TSCA): Banned Manufacture, Importation, Processing and Distribution in Commerce of Certain Asbestos-Containing Products: Corrugated paper Rollboard Commercial paper Specialty paper Flooring felt In addition, the regulation continues to ban the use of asbestos in products that have not historically contained asbestos, otherwise referred to as “new uses” of asbestos. 32

33. Clean Air Act (CAA) Banned Asbestos-Containing Products: Asbestos pipe insulation and asbestos block insulation on facility components, such as boilers and hot water tanks, if the materials are either pre-formed (molded) and friable or wet- applied and friable after drying. Spray-applied surfacing asbestos-containing materials. Spray-on application of materials containing more than 1% asbestos to buildings, structures, pipes, and conduits unless certain conditions specified under 40 CFR 61, Subpart M are met.40 CFR 61, Subpart M 33

34. Consumer Product Safety Act (Consumer Product Safety Commission) Banned Asbestos-Containing Products: Asbestos in artificial fireplace embers and wall patching compounds 34

35. Examples of asbestos-containing products not banned and still used today Cement corrugated sheet Cement flat sheet Clothing Pipeline wrap Roofing felt Vinyl floor tile Cement shingle Millboard Cement pipe Automatic transmission components Clutch facings Friction materials Disk brake pads Drum brake linings Brake blocks Gaskets Non-roofing coatings Roof coatings 35

36. Examples of Asbestos-Containing Products 36

37. Tank Covering 37

38. Air Cell Pipe Insulation 38

39. Damaged Pipe Insulation 39

40. Acoustical Plaster 40

41. Sprayed On Fireproofing 41

42. Debris on Ceiling Tiles 42

43. Cement Pipe 43

44. Transite Siding 44

45. Cement Pipe 45

46. More 46

47. More 47

48. Health Effects of Asbestos Exposure 48

49. Health Hazards Attributable to Asbestos Exposure Latency period – time between exposure and onset of symptoms (~10-40 years) Asbestosis – scarring of lung tissue – progressive Mesothelioma – cancer of lining surrounding organs (plural or peritineal) Lung Cancer – (Synergistic effect for smokers – 90x more likely to develop cancer) Other Gastrointestinal Cancers 49

50. – Inhalation (most likely) – Ingestion – Injection Routes of Entry 50

51. Respiratory System 51

52. Respiratory Systems Defense Mechanisms Nose, Mouth, Trachea, Bronchus, Bronchioles Turbulent airflow Smaller pathways Mucous Sticky layer, catches some particles 52

53. Cilia – Hair-like – Coated with mucous and move particles back up through bronchus Alveoli (air sacs) – O2/CO2 exchange – Macrophage Cells Respiratory Systems Defense Mechanisms (Continued) 53

54. Asbestosis Description - fibrotic scarring of lung tissue. Dose/response - yes. Latency period - 10 to 30 years. Synergy between exposure and smoking - yes. Symptoms - shortness of breath, dry cough, crackling lung sounds, chest pain. Diagnosis - x-ray, lung sounds. Treatment - guard against lung infection, oxygen therapy, eliminate exposure. Prognosis - not life threatening, progressive, debilitating. 54

55. Lung Cancer Description - abnormal cell growth. Dose/response - yes. Latency period - 10 to 30 years. Synergy between exposure and smoking - yes. Symptoms - cough or change in cough habit, chest pain, unexplained weight loss. Diagnosis - x-ray. Treatment - radiation, chemotherapy, surgery. Prognosis - poor, progressive, terminal. 55

56. Asbestos exposure=5X greater chance lung cancer Smoking no asbestos exposure=10X greater chance lung cancer Asbestos exposure of Smoker=50X greater chance of lung cancer. Newest figures now say 88X greater chance Asbestos-Smoking-Lung Cancer 56

57. Pleural Plaques/Pleural Effusion Description - markers or early signs of asbestos exposure. Plaques are almost always a sign of asbestos exposure. Thickening, hardening and/or fluid build-up in the pleural lining or pleural space. Dose/response - yes. Latency period - shorter than others - 5 to 10 years. Synergy between exposure and smoking - yes. Symptoms - usually none, some may have chest pain. Diagnosis - x-ray. Treatment - stop exposure. Prognosis - usually good if exposure is eliminated. 57

58. Mesothelioma Description - abnormal cell growth on pleural or peritoneal lining. Dose/response - no. Latency period - 20 to 40 years. Synergy between exposure and smoking - no. Symptoms - cough, pain in chest wall, breathing problems, unexplained weight loss. Diagnosis - x-ray. Treatment - chemotherapy, radiation, surgery. Prognosis - very poor, progressive, terminal. 58

59. Regulations 59

60. Asbestos Regulations EPA NESHAPS – 40 CFR, Part 61 AHERA /ASHARA- 40 CFR, Part 763 State NYS DOH Wadsworth Center Environmental Laboratory Approval Program Oversight of laboratories NYS DOH Asbestos Training Program 10 NYCRR, Part 73 Training of asbestos workers NYS DOL Division of Safety and Health 12 NYCRR, Part 56 Oversight of abatement Licensing of contractors Certification of workers Federal OSHA General Industry - 29 CFR, 1910.1001 Construction – 29 CFR, 1926.1001 Respiratory – 29 CFR, 1910.134 NYC DEP Title 15, Chapter 1 Abatement in NYC Certification of workers Local Other NYSDEC - Part 360/364 NYSED – Facilities Planning Other USDOT – labeling/placarding CPSC – bans

61. Environmental Protection Agency Clean Air Act, Title 42 U.S.C. 7412 Authorizes the EPA to publish a list of hazardous air pollutants and to prescribe limitations for such pollutants in the form of National Emissions of Hazardous Air Pollutants (NESHAPs). In 1971, EPA designated asbestos as a hazardous air pollutant. Where it is not feasible to prescribe or enforce emissions standards (i.e. acceptable numerical levels of emissions), EPA may promulgate work practice standards. 61

62. Environmental Protection Agency (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAPS) Regulation - 40 CFR Part 61 No visible emissions Proper handling and disposal of asbestos Training of asbestos workers Notification to EPA 62

63. When Do NESHAPs Work Practice Standards Apply? Asbestos work practice standards apply to: Any owner or operator of a facility who conducts a renovation or demolition operation, when the combined amount of RACM stripped, removed, dislodged, cut, drilled or similarly disturbed is at least 260 linear feet on pipes, 160 square feet on other facility components, or 35 cubic feet where the length or area could not be measured. 63

64. EPA NESHAP Decision Tree In an attempt to clarify the NESHAPs requirements, and to assist in the implementation of the requirements, the USEPA created a “decision tree”. 64

65. “The Tree” 65

66. Does that clear things up? 66

67. NYSDOL Decision Tree Department of Labor has taken the EPA tree and pruned it a bit to make it easier to use: 67

68. DOL Decision Tree 68

69. Decision Tree Definitions Regulated Asbestos-Containing Material (RACM) means (a) Friable asbestos material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been sanded, grinded, cut or abraded, or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled or pulverized. Friable asbestos material means any material containing more than 1% asbestos, that when dry can be crumbled, pulverized, or reduced to powder by hand pressure. 69

70. Decision Tree Definitions con’t Facility means any institutional, commercial, public, industrial, or residential structure, installation, or building (excluding residential building having four or fewer dwelling units.) Renovation means altering a facility or one or more facility components in any way, including the stripping or removal of RACM. 70

71. Environmental Protection Agency NESHAPs Work Practice Standards In 1984, EPA promulgated work practice standards, for the demolition or renovation of certain facilities containing asbestos and for the handling of asbestos-containing waste. Title 40 C.F.R. Sections 61.145 and 61.150. Thoroughly inspect the affected facility to determine the type and amount of asbestos. Provide the EPA Administrator with written notice of the intention to renovate or demolish 10 days before activity begins. 71

72. Environmental Protection Agency NESHAPs Work Practice Standards (Cont.) Friable asbestos material must be adequately wetted when being stripped from facility components. Friable asbestos materials that have been removed or stripped must remain adequately wetted until they are packed and sealed in leak-tight containers or wrappings. Containers must be marked with readily visible asbestos warning labels. 72

73. Environmental Protection Agency NESHAPs Work Practice Standards (Cont.) The asbestos waste generator must deposit friable asbestos- containing materials as soon as practical at a disposal site authorized to accept asbestos. Have a foreman, management-level person or other authorized representative, trained in compliance with the asbestos regulations present during the project. 73

74. NESHAPs Definitions Regulated Asbestos-Containing Material (RACM) means (a) Friable asbestos material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been sanded, grinded, cut or abraded, or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled or pulverized. Friable asbestos material means any material containing more than 1% asbestos, that when dry can be crumbled, pulverized, or reduced to powder by hand pressure. 74

75. NESHAPs Definitions (Cont.) Owner or Operator of a demolition or renovation activity means any person who owns, leases, operates, controls or supervises the facility being demolished or renovated or any person who owns, leases, operates, or supervises the demolition or renovation operation, or both. Facility means any institutional, commercial, public, industrial, or residential structure, installation, or building (excluding residential building having four or fewer dwelling units.) 75

76. NESHAPs Definitions (Cont.) Renovation means altering a facility or one or more facility components in any way, including the stripping or removal of RACM. Strip means to take off RACM. Adequately wet means sufficiently mix or penetrate with liquid to prevent the release of particulate. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being wet. 76

77. Federal Disposal Rules Category I and II ACM that has become RACM must be disposed of in a landfill that operates in accordance with 61.150 and 61.154, or in an EPA-approved conversion facility described in 61.155 of the asbestos NESHAP. Category I and II nonfriable ACM which has not become RACM during demolition may be disposed of in a landfill that normally accepts construction debris. However, if Category I or II nonfriable ACM is sanded, ground, cut or abraded before it is buried at the landfill, it is subject to the asbestos NESHAP. 77

78. NYSDEC Disposal Rules 78 DEC’S definition of “asbestos waste” includes only friable ACM. Asbestos waste is defined as "friable solid waste that contains more than 1 percent asbestos by weight and can be crumbled, pulverized or reduced to powder, when dry, by hand pressure. Asbestos waste also includes any asbestos containing solid waste that is collected in a pollution control device designed to remove asbestos.“

79. NYSDEC Disposal Rules 79 Asbestos waste may be disposed of at a permitted municipal solid waste (MSW) landfill in accordance with the requirements of 6 NYCRR 360-2.17(p), however, facility-specific acceptance restrictions may exist.

80. NYSDEC Disposal Rules 80 Non-friable ACM is not considered an asbestos waste under Department regulations and can be disposed of at any landfill that is authorized to accept construction and demolition (C&D) debris, though facility-specific acceptance restrictions may exist. The transport of non-friable ACM does not require permitting under the Waste Transporter Permit Program.

81. NYSDEC Disposal Rules 81 The packaging of asbestos waste is not directly regulated by the DEC. However, in order for a landfill to accept asbestos waste for disposal it must be packaged in accordance with applicable EPA, OSHA, and NYSDOL requirements.

82. NYSDEC Transportation Rules 82 The transportation of asbestos waste is regulated by the Department’s Waste Transporter Permit Program (6 NYCRR Part 364). A vehicle transporting asbestos waste will require a permit if the quantity is 500 lbs or more. For more information about the Waste Transporter Permit Program, contact NYSDEC.

83. AHERA–Asbestos Hazardous Emergency Response Act In 1986, Congress enacted Title II of TSCA, AHERA, 15 U.S.C. § 2641-56, which was applicable to asbestos abatement in school buildings. Two main areas of AHERA: Asbestos-Containing Materials in Schools Asbestos Model Accreditation Plan (MAP) 83

84. Asbestos Materials in Schools Inspections and re-inspections, friable & non-friable ACBM (asbestos-containing building materials) on interior of K-12. Sampling and Analysis. Management Plans. Response Actions. 84

85. ASHARA-1990/1994 Model Accreditation Plan Training for asbestos workers with respect to friable asbestos-containing building materials in schools or public and commercial building. Examinations. Continuing Education. De-accreditation. 85

86. OSHA Regulations 29 CFR 1926.1101 (Construction Standard) 29 CFR 1910.1001 (General Industry Standard) 29 CFR 1910.134 (Respirator Standard) Engineering controls to protect employees Exposure Levels - PEL 0.1 f/cc TWA, EL 1.0 f/cc Exposure assessments and monitoring (OSHA Personals) Personal Protective Equipment Medical Surveillance 86

87. Presumed Asbestos Containing Material (PACM) In buildings constructed no later than 1980: PACM = All surfacing and all thermal system insulation (TSI) All vinyl, asphaltic and resilient flooring must be assumed to be ACM. 87

88. “The Dirty Thirty” (Materials that must be assumed to be ACM unless bulk sampling proves otherwise.) 88

89. Dust and Debris 89

90. Floor Tile 90

91. Cove Base 91

92. Floor Leveler Compound 92

93. Ceiling Tile 93

94. Vermiculite Insulation 94

95. Gaskets, Seals, Sealants 95

96. Vibration Isolators 96

97. Laboratory Tables and Hoods 97

98. Chalkboards 98

99. Pipe Penetration Packing/Firestopping 99

100. Cementitious Pipe (Transite) 100

101. Cementitious Board (Transite) 101

102. Electric Wire Insulation 102

103. Fire Curtains 103

104. Fire Blanket 104

105. Fire Doors 105

106. Brakes and Clutches 106

107. Mastics, Adhesives and Glues 107

108. Caulks 108

109. Sheet Flooring (Linoleum) 109

110. Wallpaper 110

111. Drywall 111

112. Plasterboard 112

113. Spackling/Joint Compound 113

114. Textured Paint 114

115. Grout 115

116. Glazing Compound 116

117. Terrazzo 117

118. Boiler Rope 118

119. Asbestos Projects 119

120. NYS Dept. of Labor Asbestos Regulation - Title 12 NYCRR Part 56 Defines Asbestos Project Licensing and Certification Requirements Notification of projects Practices and procedures for removal or handling of asbestos Air monitoring and inspection requirements 120

121. What is an Asbestos Project in NYS? 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. 121

122. Asbestos Project Phases Phase I (Prior to Asbestos Abatement Contractor Mobilization) Pre-Abatement Phase II Start-------------------------Abatement-------------------------End ABABCD 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 122

123. Summary of Code Rule 56 Requirements Project Sizes Large >160 square feet or >260 linear feet. Small 10 to 160 square feet or 25 to 260 linear feet. Minor less than 10 square feet or less than 25 linear feet. Notification - large projects only, must notify Dept. of Labor and building occupants 10 days in advance. Demolition/renovation survey required - any building built prior to 1974 must be inspected for ACM. If ACM is found, it must be removed prior to demolition. BUT …… 123

124. As per NYS Labor Law Section 241, buildings and structures within New York State which were constructed prior to 1974, are subject to surveys/inspection for asbestos, prior to commencement of construction or demolition work. So, buildings built after this date do not requirement a survey prior to performing work. Correct? No! NYS Labor Law Asbestos Survey Requirements 124

125. Regardless of Code Rule 56 requirements regarding surveys/inspections, as per Section 56- 5.1(d) "No exemption to this 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…". Thus, if federal regulations mandate various materials installed on January 1, 1974 or after to be treated as ACM, Code Rule 56 does not grant relief from that requirement. Regardless of construction date, Building Owner “due diligence” is always required for identification and assessment of ACM, as per OSHA requirements. The Great 1974 Mystery 125

126. Who is allowed to perform an Asbestos Project in NYS? 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. Asbestos Abatement Contractor. An asbestos contractor who performs abatement during an asbestos project or employs persons performing such abatement. 126

127. Licensing and Certification 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 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. 127

128. Types of Certifications 128 Allied Trades - special tasks ancillary to an asbestos project (trades people). Operations and Maintenance - O&M and repair activities for minor quantities of asbestos. Asbestos Handler (Worker) - labor force for abatement projects. Contractor/Supervisor - supervision of abatement projects. Inspector - performs asbestos survey, assessment, collection of bulk samples. Management Planner - assesses hazard posed and recommends appropriate response. Air Sampling Technician - performs project air sampling. Project Monitor - oversees the scope, timing, phasing and verifies completeness. Project Designer - plans the scope, timing, phasing and remediation methods.

129. Additional Code Rule 56 Requirements Record keeping - every asbestos project for 30 yrs. Barriers - all openings and surfaces not subject to removal. 6 mil. plastic and/or plywood. Wetting - saturation with amended water. Decontamination - all persons and equipment. Personal Protective Equipment Security - enclosure system must be secured to prevent unauthorized entry. Negative pressure ventilation system 129

130. Additional Code Rule 56 Requirements Air monitoring required - before, during and after on large projects. Before and after on small projects. All final air samples must be 0.01 f/cc, work must stop. PCM is minimum method of analysis. Disposal - waste must be placed in two 6 mil. labeled bags or hardwall container. 130

131. Variances 131 Where there are practical difficulties in complying with Code Rule 56, DOL may provide relief in the form of a site specific variance decision. A currently trained and DOL-certified Project Designer (who works for a DOL-licensed asbestos contractor) must prepare and submit each variance petition.

132. Asbestos Survey 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. 132

133. 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 materials. Building/Structure Asbestos Survey Information 133

134. The building/structure asbestos survey shall 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. Survey Requirements 134

135. One (1) copy of the completed asbestos survey shall be sent by the owner or their agent to the local government entity (code enforcement official) charged with issuing a permit for such demolition, renovation, remodeling, alteration, addition, or repair work under applicable State or local laws. If no such permit is required, the copy of the asbestos survey or certificate of asbestos survey completion shall be submitted to the town or city building department. Transmittal of Building/Structure Asbestos Survey Information 135

136. Authority Having Jurisdiction (AHJ) Involvement With Asbestos Projects Receives asbestos surveys prior to issuing building permits to do work. Reviews and approves proposed changes to means of egress needed to facilitate asbestos project work. Receives the asbestos project certificate of completion documents at the end of the project. Issues condemnation letters as required by ICR 56- 11.5 and EPA NESHAPS. 136

137. Intentional Burning of Buildings As stated in the November 1990 asbestos NESHAP revision (see 61.145(c)(10)): "If a facility is demolished by intentional burning, all RACM, including Category I and Category II nonfriable ACM, must be removed in accordance with the NESHAP before burning.“ Abandoned buildings utilized by fire departments for practice exercises involving partial burning are subject to this requirement. 137

138. Other Codes 56-1.6 Other Codes. All other Codes shall apply, including but not limited to, “The New York State Uniform Fire Prevention and Building Code” (Uniform Code) or its successor, and all pertinent local codes. Any modifications to life safety features, including modifications to egress, fire protection systems, passive fire protection, must comply with the Uniform Code. Changes must be approved by the Authority Having Jurisdiction (AHJ) as per the Uniform Code. Where required, the AHJ’s written approval shall be maintained in the project file. 138

139. 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 shall contract to have it removed prior to work. 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 removal. Asbestos Removal Prior to Work 139

140. Asbestos Project Completion Once all regulated abatement work areas have been satisfactorily completed the completed “asbestos project certificate of completion” shall be sent by the owner or their agent to the local government entity (code enforcement official) charged with issuing a construction permit. If no such permit is required, the copy of the asbestos project certificate of completion shall be submitted to the town or city clerk. 140

141. The certificate of asbestos project completion shall include the following: A listing by work area of the ACMs removed along with quantities; A signed statement confirming that all ACM potentially impacted by the intended project have been removed; Asbestos Project Completion 141

142. Means of Egress Review Required exits from the regulated abatement work area shall be maintained or alternate exits shall be established and appropriately signed according to all applicable codes. Exits shall be inspected daily by the supervisor for obstructions. Signs clearly indicating the direction of exits shall be maintained and prominently displayed within the work area. Exits from the work area shall be sealed 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. 142

143. If alternate means of egress are necessary due to location of asbestos project, a registered design professional shall coordinate approvals with the Code Enforcement Official having jurisdiction, Fire Chief shall be notified of all alternate exit approvals. Required means of egress shall be inspected daily by the supervisor for obstructions. Signs clearly indicating the direction of each alternate exit shall be maintained and prominently displayed as per each alternate exit approval. Required Means of Egress 143

144. “If the facility is being demolished under an order of a State or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, only the requirements of paragraphs (b)(1), (b)(2), (b)(3)(iii), (b)(4) (except (b)(4)(viii)), (b)(5), and (c)(4) through (c)(9) of this section apply.” NESHAPs Requirements for Demolition With Asbestos in Place 144

145. According to Code Rule 56-11.5: Asbestos to Remain During Demolition. A building/structure may be demolished with asbestos material in place, as per the requirements of this Section, when the following condition is met: A condemnation letter that indicates the building/structure is structurally unsafe shall be issued by the AHJ A copy of the condemnation letter shall be attached to the project notification mailed to the Department of Labor and a copy shall be posted at the work site. In addition, a copy of the letter shall be submitted to EPA with the required notification. Controlled Demolition of a Building With Asbestos In Place 145

146. Condemnation Letters The required condemnation letter to allow demolition of a structure with asbestos remaining in place must be issued by the Authority Having Jurisdiction. The AHJ may use a licensed design professional (Registered Architect or Professional Engineer) to examine the structure and make a determination as to the structural integrity of the structure. But a written assessment from the design professional is not sufficient to comply with NESHAP requirements. 146

147. Condemnation Letters Although issuance of a demolition order may have an effect on emission control requirements under the asbestos NESHAP (see 61.145(a)(3)), it has no effect on requirements for disposal procedures for RACM after demolition activities. Also, waste segregation/reduction activities are subject to the asbestos NESHAP provisions whether or not a building has been declared unsafe. 147

148. The Incident Commander in command at the scene of an emergency (fire, flood, explosion, etc) in the exercise of his duties, may order or cause the demolition of a building or section thereof. In this connection, the Incident Commander in command at the scene has paramount authority, while addressing the emergency situation. Command at the scene is not maintained, unless emergency response personnel or apparatus remain at the scene, and this privilege or authority is not extended to anyone other than the officer in command at the scene. Special Situation Where Demolition with Asbestos in place is Allowed 148

149. Asbestos Removal Project 149

150. Cordon off Area with Barrier Tape 150

151. Post Signs 151

152. Build Decontamination Unit 152

153. Decontamination Unit 153

154. Personal Decontamination Unit 154

155. Waste Decontamination Unit 155

156. Seal Off All Openings 156

157. Shut Off Electrical and Seal 157

158. Work Area Covered in Polyethylene 158

159. Cover All Surfaces 159

160. Engineering Controls 160

161. Engineering Controls 161

162. Engineering Controls - Exhaust Hoses 162

163. Engineering Controls - Exhaust Hoses 163

164. Containment Under Negative Pressure 164

165. Wetting Before Removal 165

166. Wetting During Removal Using Airless Sprayer 166

167. Removal - Ceiling Scrape 167

168. Removal - Ceiling Scrape 168

169. Glovebag Removal 169

170. Clean-up of Dropped Material 170

171. Bagging the Waste 171

172. Waste Bag 172

173. Bags in Lined Truck Ready for Transport 173

174. Aggressive Air Monitoring 174

175. Air Monitoring Materials 175

176. Approved Landfill - see sign 176

177. Asbestos Bags Ready for Burial 177

178. Burial in approved landfill 178

179. Other Hazards in the Work Area Electrical Hazards Ladder and Scaffold Hazards Heat Stress Confined Spaces Slips, Trips, Falls Fire/Explosion Air Contaminants other than Asbestos 179

180. Personal Protective Equipment (PPE) OSHA 180

181. Personal Protective Equipment 1/2 Mask APR 181

182. Personal Protective Equipment PAPR 182

183. Personal Air Monitoring Pump Placement 183

184. Personal Air Monitoring Filter Placement 184

185. Questions? 185

186. Thank You Contacts: Engineering Services: 518-457-1536 Notification and Licensing: 518-485-9263 Asbestos Control: 518-457-2072 Division of Safety and Health: 518-457-3518 186