(a) Sampling and analysis shall be performed by:
(1) A third party who is contracted by the building owner, holds a current NYSDOL asbestos handling license, and is completely independent of all parties involved in the asbestos project. The third party who conducts air sampling on an asbestos project shall not be a subcontractor of the abatement contractor, and shall not have any business, personal, or other relationship with the abatement contractor. The building owner shall select and hire the air monitoring company without recommendation or reference from the abatement contractor. It shall be a violation of this subsection, chargeable against the abatement contractor, the air monitoring company, and the building owner, for an air monitoring company to conduct air monitoring on an asbestos project where there is a business or personal relationship between the abatement contractor and the air monitoring company. It shall be considered prima facie evidence of a business or personal relationship between an abatement contractor and an air monitoring company when the same company performs air monitoring on all or virtually all of a given abatement contractor's projects. The person who conducts sampling shall be currently certified as a New York State Asbestos Project Air Sampling Technician when performing air sampling. Failure to have a valid certification based either on office records or upon request shall be a violation chargeable against the individual conducting the sampling; or
(2) Sampling and analysis staff which may not be independent of the building owner but are independent of the abatement contractor involved in the asbestos project, but only if such staff:
(i) performs in conjunction with a third party quality assurance program in which 10 percent of the samples, except for bulk samples initially found to contain ACM, from each project are randomly selected and will be analyzed by both entities; and
(ii) in the case of air sampling, possesses valid New York State Asbestos Project Air Sampling Technician Certification.
(3) Sampling and analysis staff of a public service corporation with respect to asbestos projects that involve electric, steam or gas generation, distribution or transmission facilities provided that the requirements of subparagraphs (i) and (ii) of paragraph 2 of this section are complied with.
(4) Only persons certified by the Department as asbestos investigators or by New York State Department of Labor as Asbestos Inspectors may select and collect bulk samples for analysis.
(b) One air sampling technician must be present per three work areas in one work site to observe and maintain air sampling equipment for the duration of the air sample collection, except that if there are multiple work areas on the same floor, only one air sampling technician is required for that floor.
(c) Bulk sample analysis (PLM or gravimetric reduction and TEM analysis) shall be performed by laboratories with the appropriate accreditation in the ELAP.
(d) Air Sample Analysis (PCM) shall be performed by laboratories with the following qualifications:
(1) Successful completion by the laboratory's active analysts of the NIOSH 582 training course which outlines the NIOSH 7400 method; and
(2) Analysts with skills in the appropriate methodology and proficiency in the NIOSH PAT Program for PCM analysis; and
(3) Accreditation in ELAP.
(e) Air Sample Analysis (TEM) shall be performed by analysts who possess skills in TEM analysis, are accredited in ELAP, and participate in an in-house quality assurance program using the National Institute of Standards and Technology (NIST SRM 1876 b) or traceable standard.
(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 8/21/2019, eff. 9/20/2019; amended City Record 4/28/2022, eff. 5/28/2022)