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(a) Bulk sampling requirements.
(1) Bulk samples shall be taken by whatever method minimizes the potential for fiber release.
(2) Any material which remains exposed as a result of the sampling procedure shall be sealed.
(b) Area air sampling requirements. Area air sampling equipment for Phase Contrast Microscopy (PCM) shall be utilized in accordance with the equipment and sampling procedures specified within the NIOSH 7400 Method modified for area sampling.
(c) Area air sampling equipment for Transmission Electron Microscopy (TEM) shall be utilized in accordance with the sampling procedures specified within 40 C.F.R. Part 763, Subpart E, Appendix A – Section II Mandatory Transmission Electron Microscopy Method, Subsection B - Sampling.
(d) Air sampling pumps must have a constant controlled flow and must have the flow rate capacity to perform sampling as specified in these rules. A properly calibrated rotometer must be used to check the flow rate. A rotometer, along with its current calibration sheet, must be available at the work place for the duration of air sample collection. Primary and secondary calibration devices must be calibrated as per NYSDOH ELAP requirements.
(e) Sampling pumps, cassettes, and tubing shall be checked before, during and after use. Cassettes must be labelled with a sample identification number prior to the commencement of air sampling. The sampling assembly shall be checked for leaks and occlusions throughout the shift and documented in the project air sampling log by the Asbestos Project Air Sampling Technician or project monitor.
(f) A project air sampling log must be created and maintained in a permanently bound book by the air monitoring company. The project air sampling log must be available at the work site. A copy of the project air sampling log must be submitted to the department within 72 hours of request. The project air sampling log must contain the following information for all area air samples collected on the asbestos project:
(1) Name of the company and the Asbestos Project Air Sampling Technician performing the project air sampling, per work shift or day for all area air samples collected.
(2) Dates of project air sample collection, per work shift or day of area air samples, with appropriate reference to the work area to which the air samples apply.
(3) Sample location sketch, showing the sample ID numbers, identifying all project air sample locations, per work shift or day of area air samples. The sketch must be made within one hour of the beginning of sample collection.
(4) Flow rate primary or secondary calibration device identification number, method of flow rate primary or secondary device calibration and date of last calibration, per work shift or day of area air samples.
(5) Flow rate of sampling pumps with pre and post calibration listed for each area air sample collected.
(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)
(a) The asbestos survey shall at a minimum identify and assess the exact locations and quantities of ACM, PACM, and suspect miscellaneous ACM. The asbestos investigator is responsible for the identification and assessment of all types of ACM, PACM and suspect miscellaneous ACM within each area, as indicated by the proposed scope of work or job description(s) indicated in the DOB permit applications or plans.
(b) The asbestos investigator shall assume that some or all of the areas investigated contain ACM, and for each area that is not assumed to contain ACM, must collect bulk samples and submit for analysis in accordance with 15 RCNY §§ 1-36(c), 1-37(a) and 1-44(c) and EPA publications 560/5-85-024 and 560/5-85-030A, and 40 C.F.R. Part 763.80, 763.85, and 763.86.
(1) PACM Sampling Requirements.
(a) Surfacing Material. Surfacing material includes but is not limited to fireproofing, acoustical plaster, finish plasters and skim coats of joints. Surfacing materials must be sampled as follows:
i. At least 3 samples from each homogeneous area that is 1,000 square feet (sf) or less.
ii. At least 5 samples from each homogeneous area that is greater than 1,000 sf but that is 5,000 sf or less.
iii. At least 7 samples from each homogeneous area that is greater than 5,000 sf.
(b) Thermal System Insulation (TSI). TSI includes, but is not limited to, equipment insulation, boiler, breeching, boiler rope, duct, or tank insulation, cement or mortar used for boilers and refractory brick, piping and fitting insulation including but not limited to wrapped paper, aircell, millboard, rope, cork, preformed plaster, job molded plaster and coverings over fibrous glass insulation. TSI must be sampled as follows:
i. At least 3 samples from each homogeneous area of TSI.
ii. At least one sample from each homogeneous area of patched TSI if the patched section is less than 6 linear feet or 6 square feet.
iii. In a manner sufficient to determine if the material is ACM, for packed fittings such as elbows, valves, tees, etc.
iv. Samples are not required where the asbestos investigator has determined that the TSI is fiberglass, foam glass, rubber, or other non-asbestos containing building material.
(c) Suspect Miscellaneous Materials. Other suspect miscellaneous materials including, but not limited to, insulation board, vapor barriers, coatings, non-metallic or non-wood roof decking, felts, cementitious board (transite), pipe (transite), flashing, shingles, galbestos, dust and debris, floor tiles, 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 and other fire-stopping materials, millboard, electrical wire insulation, fire curtains, fire blankets, fire doors, brakes and clutches, mastics, adhesives, glues, caulks, sheet flooring (linoleum), wallpaper, drywall, plasterboard, spackling/ joint compound, textured paint, grout, glazing compound, and terrazzo. Suspect miscellaneous materials must be sampled as follows: At least 2 samples shall be taken, or samples shall be taken in a manner sufficient to determine if the material is ACM.
(d) Only persons certified by DEP as asbestos investigators or by NYSDOL as Asbestos Inspectors may select and collect bulk samples for analysis. NYSDOL-certified Asbestos Inspectors may only do so in the physical presence of and under the supervision of a DEP-certified asbestos investigator.
(Added City Record 12/7/2018, eff. 1/6/2019; amended City Record 1/15/2025, eff. 2/14/2025)
Part 3: Monitoring Procedures
(a) At a minimum, air sampling shall be conducted in accordance with the following schedule:
Abatement Activity | Pre-Abatement | During Abatement | Post-Abatement | |
Abatement Activity | Pre-Abatement | During Abatement | Post-Abatement | |
Equal to or Greater than 10,000 ft.
2
or 10,000 linear ft. of ACM per work area | PCM | PCM | TEM | |
Less than 10,000 ft.
2
or 10,000 linear ft. of ACM | PCM | PCM | PCM | |
Large Asbestos Projects | ||||
1. | Full Containment | 10 | 5 | 10 |
2. | Glovebag inside Tent | 5 a | 5 a | 5 a |
3. | Exterior Foam and Vertical Surfaces | – | 5 c | 5 d |
4. | Interior Foam | 10 | 5 c | 10 d |
Small Asbestos Projects | ||||
1. | Full Containment | 6 | 3 | 6 |
2. | Glovebag inside Tent | 3 b | 3 b | 3 b |
3. | Tent | 3 b | 3 b | 3 b |
4. | Exterior Foam and Vertical Surfaces | – | 3 c | 3 d |
5. | Interior Foam | 6 | 3 c | 6 d |
Minor Projects | ||||
1. | Glovebag inside Tent
| – | 1 | 1 d |
2. | Tent
| – | 1 | 1 d |
3. | Exterior Foam and Vertical Surfaces | – | – | 1 d |
4. | Interior Foam
| – | 1 | 1 d |
a if more than three (3) tents then two (2) samples required per enclosure.
b if more than three (3) tents then one (1) sample required per enclosure.
c samples shall be taken within the work area(s).
d area sampling is required only if:
– visible emissions are detected during the project;
– during-abatement area sampling results exceeded 0.01 f/cc or the pre-abatement area sampling result(s) for interior projects where applicable; or
– the work area to be reoccupied is an interior space at a school, healthcare, or daycare facility.
Note: TEM is acceptable wherever PCM is required. TEM is required in schools in accordance with AHERA regulations.
(b) Pre-Abatement. Prior to commencement of abatement activities, the number of samples specified below shall be taken during normal occupancy activities and circumstances at the work site. Samples shall be taken at the following locations:
(1) For large full-containment and interior foam method asbestos projects, a minimum of five samples inside and five samples outside the proposed work area.
(2) For small full-containment and interior foam method asbestos projects, a minimum of three samples inside and three outside the proposed work area.
(3) For large and small asbestos projects employing the glovebag procedure within a tent, a minimum of five and three samples, respectively, or two samples per enclosure if more than three enclosures.
(4) For small asbestos projects solely employing tent procedure, a minimum of three samples inside each proposed work area, or two samples per enclosure if more than three enclosures.
(5) For all exterior projects (foam or vertical surface), no pre-abatement sampling is required.
(c) During abatement. Frequency and duration of the air sampling during abatement shall be representative of the actual conditions during the abatement. Area sampling shall be conducted daily and continuously during a work shift. If more than one daily work shift is required to accomplish the work, area sampling shall be performed on each work shift. Area sampling is not required on days when there are no abatement activities. For project air samples collected during the abatement, the period of time permitted between completion of air sample collection and receipt of results on the job site shall not exceed 48 hours. The following minimum schedule of samples shall be required during the work shift.
(1) For large asbestos projects employing full containment, area air sampling shall be performed at the following locations:
(i) Two area samples outside the asbestos project work area in uncontaminated areas of the building, remote from the decontamination facilities.
(A) Primary location selection shall be within 10 feet of isolation barriers.
(B) Where negative ventilation exhaust ducting runs through uncontaminated building areas, one area sample will be required in these areas to monitor any potential fiber release.
(C) Where exhaust tubes have been grouped together in banks of up to five (5) tubes, with each tube exhausting separately and the bank of tubes terminating together at the same controlled area, one area air sample shall be taken.
(ii) One area sample within five feet of the uncontaminated entrance to each worker decontamination and waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable; and
(iii) One area sample within 5 feet of the unobstructed exhaust from a negative pressure ventilation system exhausting indoors but not within a duct.
(iv) One area sample outside, but within 25 feet of, the building or structure, if the entire building or structure is the work area.
(2) For large asbestos projects involving interior foam method, area air sampling shall be performed at the following sampling locations:
(i) One area sample taken outside the work area within 10 feet of isolation barriers.
(ii) One area sample taken within five feet of the uncontaminated entrance to each worker decontamination and waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample within 5 feet of the unobstructed exhaust from a negative pressure ventilation system exhausting indoors but not within a duct, if applicable.
(iv) Three area samples inside the work area, which must be representative of the work area. The air samplers must be placed separate and apart from one another and must not be grouped together.
(v) One area sample where the negative ventilation exhaust ducting runs through uncontaminated building areas, if applicable.
(3) For large asbestos projects involving exterior foam method or removal of ACM from vertical surfaces, a minimum of five continuous area samples shall be taken concurrently with the abatement for each work area using the following minimum requirements:
(i) Four area samples inside the work area and remote from the decontamination systems, which must be representative of the work area. The air samplers must be placed separate and apart from one another and shall not be grouped together.
(ii) One area sample within five feet of the uncontaminated entrance to each worker and waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample outside the work area within 25 feet of the building or structure, if the entire building or structure is the work area.
(iv) One area sample inside the building or structure at the egress point to the work area, if applicable.
(4) For large asbestos projects employing the glovebag procedure within a tent, a minimum of five continuous air samples shall be taken concurrently with the abatement for each work area, unless there are more than three enclosures, in which case two area samples per enclosure are required.
(i) Four area samples taken outside the work area within ten feet of tent enclosure(s).
(ii) One area sample taken within five feet of the uncontaminated entrance to each worker and waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample within five feet of the unobstructed exhaust from a negative pressure ventilation system exhausting indoors, but not within a duct, if applicable.
(iv) One area sample where negative ventilation exhaust ducting runs through uncontaminated building areas, if applicable.
(5) For small asbestos projects employing full containment, a minimum of three continuous area samples shall be taken concurrently with the abatement for each work area at the following locations:
(i) Two area samples taken outside the work area within ten feet of the isolation barriers.
(ii) One area sample within five feet of the uncontaminated entrance to each worker or waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample within five feet of the unobstructed exhaust from a negative pressure ventilation system exhausting indoors, but not within a duct, if applicable.
(iv) One area sample where negative ventilation exhaust ducting runs through an uncontaminated building area, if applicable.
(6) For small asbestos projects involving the use of foam method on the exterior of a building or the removal of ACM from exterior surfaces, a minimum of three continuous area samples shall be taken concurrently with the abatement for each work area at the following locations:
(i) Two area samples inside the work area and remote from the decontamination systems. Air samples inside the work area must be representative of the work area. The air samplers must be placed separate and apart from one another and shall not be grouped together.
(ii) One area sample within five feet of the uncontaminated entrance to each worker and waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample inside the building or structure at the egress point to the work area, if applicable.
(7) For small asbestos projects using the tent procedure (with or without the use of glovebags), a minimum of three area samples shall be taken concurrently with the abatement for each work area unless there are more than two enclosures, in which case one sample per enclosure is required.
(i) Two area samples taken outside of the work area within ten feet of the tent.
(ii) One area sample within five feet of the uncontaminated entrance to each worker and waste decontamination system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample within five feet of the unobstructed exhaust from a negative pressure ventilation system exhausting indoors, but not within a duct, if applicable.
(iv) One area sample where negative ventilation exhaust ducting runs through uncontaminated building areas, if applicable.
(8) For small asbestos projects employing interior foam procedures, a minimum of three continuous area samples shall be taken concurrently with the abatement for each work area at the following locations:
(i) One area sample taken inside the work area.
(ii) One area sample taken within five feet of the uncontaminated entrance to each worker and waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample taken outside the work area within ten feet of the isolation barriers.
(iv) One area sample where negative ventilation exhaust ducting runs through uncontaminated building areas, if applicable.
(9) For minor projects employing glovebag or tent procedures, one area sample shall be taken outside the glovebag or tent, not more than five feet from the uncontaminated entrance to the glovebag or tent.
(d) Post-abatement. Post-abatement clearance air monitoring shall include at a minimum the number of area samples specified below, to be taken for each homogeneous work area.
(1) For small asbestos projects:
(i) involving full containment or interior foam method (if required by 15 RCNY § 1-41(a)), three area samples inside and three outside the work area;
(ii) involving tent procedure (with or without the use of glovebags), three area samples inside each work area or one area sample inside each tent if there are more than three tents;
(iii) involving exterior foam method or removal from vertical surfaces, three area samples inside the restricted area beneath and/or immediately adjacent to the work area, only if visible emissions were detected during the project, or abatement area samples exceeded 0.01 f/cc.
(2) For large asbestos projects:
(i) a minimum of five area samples inside and five outside the work area, for projects involving full containment or interior foam method (if required by 15 RCNY § 1-41(a)). In addition to the five sample minimum, one representative area sample must be collected both inside and outside the work area for every 5,000 square feet above 25,000 square feet of floor space when ACM has been abated.
(ii) a minimum of five area samples inside each tent enclosure where glovebag procedures are being used, or two area samples inside each tent where glovebag procedures are being used if there are more than three tents;
(iii) involving exterior foam method or removal from vertical surfaces, five area samples inside the restricted area beneath and/or immediately adjacent to the work area, only if visible emissions were detected during the project, or abatement area samples exceeded 0.01 f/cc.
(3) When TEM analysis is employed a minimum of 5 samples from outside the work area shall also be collected.
(4) For minor projects post-abatement clearance air monitoring is not required, unless visible emissions were detected outside the work area and/or levels exceeded 0.01 f/cc during abatement, or the project was conducted inside a school, daycare, or healthcare institution. In such cases, one area sample shall be taken.
(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)
Monitoring requirements and procedures for other than post-abatement clearance air monitoring are as follows:
(a) The sampling zone for air samples shall be representative of the building occupants' breathing zone. However, at no time shall the sampling cassette be placed less than 4 feet from the ground. Air samplers shall be placed so that they are not influenced by unusual air circulation patterns or by the configuration of the space or by each other. Air sampling cassettes shall be mounted upon commercially-available aluminum tripods and shall not be placed within two feet of walls or obstructions such as the corners of rooms or furniture.
(b) If possible, ambient samplers should be placed about 6 feet above the ground surface in reasonable proximity to the building and away from obstructions and drafts that may unduly affect airflow. For outdoor samples, if access to electricity and concerns about security dictate a rooftop site, locations near vents and other structures on the roof which would unduly affect airflow shall be avoided.
(c) Samples shall have a chain of custody record. The project air sampling log required pursuant to 15 RCNY § 1-37(f) does not satisfy the chain of custody requirement.
(d) In accordance with the above criteria, area samples (see 15 RCNY § 1-41) shall conform to the following schedule:
Area Samples for Analysis by | Minimum Volume | Flow Rate |
PCM 25 mm | 560 | 5 to 15 liters/min. |
TEM 25 mm | 560 | 1 to 10 liters/min. |
TEM 37 mm | 1,250 | 1 to 10 liters/min. |
(e) For small projects including tent procedures, sampling shall start with the installation of the containment and shall run concurrently with the procedure.
(Amended City Record 8/21/2019, eff. 9/20/2019)
Post-abatement clearance air monitoring requirements are as follows:
(a) (1) Sampling shall not begin until a visual inspection, conducted by a project monitor who is independent of the abatement contractor and by the asbestos handler supervisor, confirms that all containerized waste has been removed from work and holding areas and there is no visible ACM debris or residue on or about all abated surfaces; and
(2) Sampling shall not begin until at least 1 hour after the area is dry from the third cleaning (see 15 RCNY § 1-112(h)) and no visible pools of water or condensation remain. For pre-demolition asbestos abatement activity, sampling shall begin 2 hours after the area is dry and no visible pools of water or condensation remain.
(b) Samplers shall be placed at random around the work area. If the work area contains the number of rooms equivalent to the number of required samples based on floor area, a sampler shall be placed in each room. When the number of rooms is greater than the required number of samples a representative sample of rooms shall be selected.
(c) The samplers must be placed separate and apart from one another in locations outside the work area but within the building and shall be located to capture any air that might escape through the isolation barriers and shall be no further than 50 feet from the entrance to the work area, and 25 feet from the isolation barriers.
(d) The following aggressive sampling procedures shall be used within the work area during all clearance air monitoring:
(1) Before starting the sampling pumps, use forced air equipment (such as a 1 horsepower leaf blower) to direct exhaust air against all walls, ceilings, floors, ledges and other surfaces in the work area.
(i) For asbestos projects: this pre-sampling procedure shall take at least 5 minutes per 1,000 sq. ft. of floor area; then install one 20-inch fan per 10,000 cubic feet of room space. Then immediately place the fan on slow speed and point it toward the ceiling.
(ii) For pre-demolition asbestos abatement activity, this pre-sampling procedure shall take at least three minutes, after which the 20-inch fan shall be left running unattended in the work area throughout sampling. This procedure shall be acceptable when the floor area of the work area is less than 500 square feet. At or above 500 square feet of floor area within the work area, the aggressive sampling procedures specified in this subdivision (d) for asbestos projects shall be conducted.
(2) Start the sampling pumps and sample for the required time or volume.
(3) Turn off the pump and then the fan(s) when sampling is completed.
(e) For post-abatement monitoring, area samples shall conform to the following schedule:
Area Samples for Analysis by | Minimum Volume | Flow Rate |
PCM | 1,800 Liters | 5 to 15 liters/min. |
TEM | 1,250 Liters | 1 to 10 liters/min. |
(f) Each homogeneous work area which does not meet the clearance criteria shall be thoroughly recleaned using wet methods, with the negative pressure ventilation system in operation. New samples shall be collected in the work area as described above. The process shall be repeated until the work site passes the test.
(g) For an asbestos project with more than one homogenous work area, the release criterion shall be applied independently to each work area.
(Amended City Record 4/28/2022, eff. 5/28/2022)
Laboratory analyses and reporting shall be considered evidence of compliance with this chapter only if they conform to the following requirements:
(a) PCM area air samples shall be analyzed and reported in accordance with the NIOSH 7400 method using "A" Counting Rules.
(b) TEM area air samples must be analyzed and reported in accordance with the mandatory or non-mandatory Electron Microscopy Methods set forth at 40 C.F.R. Part 763, Subpart E.
(c) Bulk samples must be analyzed and reported in accordance with analytical methods approved by ELAP and the Method for the Determination of Asbestos in Bulk Building Materials found in 40 C.F.R. Part 763, Subpart E, or other methods approved by the National Institute of Standards and Technology, the National Institute of Occupational Safety and Health, or the United States Environmental Protection Agency.
(d) Bulk and air sampling results/reports shall be submitted directly to the Department upon request within 72 hours.
(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 1/15/2025, eff. 2/14/2025)
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