§ 1-43 Post-Abatement Clearance Air Monitoring.

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)

§ 1-44 Analysis and Reporting Results.

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)

§ 1-45 Action Criteria.

   (a)   When visible emissions occur outside the work area, or any area air sample has indicated a determinant level of fiber concentrations greater than the larger of baseline levels or 0.01 f/cc, work shall stop for inspection.

      (1)   For large or small asbestos projects, the integrity of barriers, if disturbed, shall be restored. Clean-up of surfaces outside of the work area using HEPA vacuums or wet cleaning techniques shall be done prior to resuming abatement activities.

      (2)   For tent procedures, HVAC systems to or in the work area shall be shut down and the work area shall be wet cleaned or HEPA vacuumed until the area air samples indicate the fiber concentration is below the determinant level. If fiber concentrations remain above the determinant level for longer than 24 hours, isolation barriers and engineering controls shall be installed and maintained.

   (b)   Clearance and/or reoccupancy criteria. (1) The clearance criteria shall be applied to each homogeneous work area independently.

      (2)   For PCM analysis involved in alteration or renovation projects, the clearance air monitoring shall be considered satisfactory when every sample is less than or equal to 0.01 f/cc or less than the ambient concentration, whichever is larger.

      (3)   For TEM analysis, the clearance monitoring will be considered satisfactory if conducted in accordance with 40 C.F.R. Part 763, Subpart E, Appendix A Section IV – Mandatory Interpretation of Transmission Electron Microscopy Results to Determine Completion of Response Actions.

      (4)   Clearance air monitoring results shall be submitted directly to the Department within 24 hours of request.

Subchapter E: Personnel Protection and Equipment Specifications

Part 1: Personnel Protection and Hygiene

§ 1-51 Personnel Protection and Hygiene Requirements .

   (a)   Prior to project initiation, all workers engaged in abatement activities on an asbestos project or minor project must be certified by DEP and NYSDOL.

   (b)   At least one asbestos handler supervisor shall be present at the work site while abatement activities are being conducted on an asbestos project or minor project, except that during minor projects the supervisor does not have to be physically present at all times but must be readily available.

   (c)   Personal protective equipment must be worn by all individuals inside the work place during abatement activities, except that gloves need not be worn during those work place preparation activities which do not involve the disturbance of ACM. Personal protective equipment must meet the following specifications:

      (1)   Disposable clothing including head, hand, foot and full body protection shall be provided by the contractor in sufficient quantities and adequate sizes for all workers and authorized visitors.

      (2)   Hard hats, protective eyewear, gloves, rubber boots and/or other footwear must be provided by the contractor as required for workers and authorized visitors. Safety shoes and hard hats must be in accordance with the most recent ANSI standards.

      (3)   Contaminated clothing shall be sealed in impermeable bags and the bags shall be appropriately labeled.

   (d)   Personal air monitoring shall be performed in accordance with current OSHA regulations. Such records shall be made available within 72 hours to authorized Department representatives upon request.

   (e)   Personal Hygiene at the work site shall meet the following requirements:

      (1)   There shall be no smoking on any floor of the building where abatement activities are taking place.

      (2)   Jewelry, watches, and cellular telephones shall not be worn, carried, or kept in contaminated areas.

      (3)   The contractor shall provide clean change areas for the workers. Change areas shall be equipped with separate storage facilities for protective clothing and street clothing.

      (4)   If lunch areas are provided, they shall be located outside the work place in an area in which the airborne concentrations are below 0.01 f/cc.

      (5)   There shall be no eating, drinking, application of cosmetics, or chewing of gum or tobacco inside the work place. There shall be no food or beverages present in the work place.

      (6)   There shall be no lighters or matches in the work place.

   (f)   The contractor must have available the following information at the work place:

      (1)   A copy of the U.S. Environmental Protection Agency Regulations for Asbestos, 40 C.F.R. 61 Subparts A and M and a copy of OSHA Asbestos Regulations, 29 C.F.R. § 1926.1101, and 12 NYCRR Part 56; and

      (2)   A list of telephone numbers for local hospital, location of hospital and/or emergency squad, local fire department, the building owner (or representative) and the N.Y.C. Asbestos Control Program, and

      (3)   A copy of these Rules, the most recent Asbestos Abatement Notice (Form ACP-13), asbestos abatement (ATRU) permits, any variance application (Form ACP-9 and all associated documents and drawings) and DEP approval thereof, and

      (4)   A copy of all Safety Data Sheets (SDS) for chemicals used during the asbestos project, and

      (5)   Original New York City Asbestos handler and supervisor certificates, or their digital or electronic equivalent as approved by DEP, and NYSDOL asbestos handler and supervisor certificates, of all workers in the work site, and

      (6)   A copy of the current New York State Department of Labor asbestos handling license of the abatement contractor and air monitoring company.

      (7)   A copy of any asbestos survey performed in the affected building in accordance with these rules.

   (g)   The contractor must post signs during all abatement activities. Signs must be posted at all approaches to the work place including internal doorways which provide access to the work place. These signs must include the following information:
 

 

DANGER ASBESTOS MAY CAUSE CANCER, CAUSES DAMAGE TO LUNGS AUTHORIZED PERSONNEL ONLY WEAR RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING IN THIS AREA

 

   (h)   Warning labels must be affixed to all waste containers containing asbestos material and must include the following information:

 

DANGER CONTAINS ASBESTOS FIBERS MAY CAUSE CANCER, CAUSES DAMAGE TO LUNGS DO NOT BREATHE DUST AVOID CREATING DUST

 

(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 1/15/2025, eff. 2/14/2025)