§ 1-101 Applicability.

The following 15 RCNY §§ 1-102 through 1-110 inclusive shall apply to all abatement activities.

§ 1-102 ACM Disturbance, Handling and Removal Procedures.

The following procedures shall be followed during the conduct of abatement activities:

   (a)   Abatement of asbestos-containing materials shall be by wet methods. ACM shall not be removed or disturbed without being adequately wet. Dry removal of asbestos-containing material is prohibited, unless EPA approval has been obtained. The EPA-approved alternate removal plan shall be submitted to the Department for approval a minimum of 15 days before work is scheduled to begin or begins. The plan shall explain and justify why ACM must be removed dry and how asbestos fibers will be controlled to prevent their release.

   (b)   When amended water is used, the ACM must be sprayed with sufficient frequency and quantity for enhanced penetration. Sufficient time must be allowed for penetration to occur prior to removal action or other disturbance taking place. Accumulation of standing or free water is prohibited. Soft loosely bound ACM must be saturated. Material that resists wetting, such as tremolite or amosite, must be thoroughly wetted on all surfaces while work is being conducted.

   (c)   When used, removal encapsulants that minimize fiber generation and enhance penetration, shall be applied per manufacturer's specifications and in accordance with federal guidelines.

   (d)   ACM on detachment from the substrate is to be bagged directly or dropped onto a flexible catch basin and promptly bagged. Detached ACM is not permitted to lie on the floor for any period of time. Excess air in the bag must be minimized and the bag must be sealed. Material that resists wetting must not be dropped. ACM must not be dropped from a height greater than 10 feet. Above 10 feet in height dust-free enclosed inclined chutes may only be used inside a work area that is under negative pressure. Vertical chutes are prohibited. The angle of the chute must not exceed 60 degrees from horizontal.

   (e)   Large components removed intact that cannot be containerized shall be maintained wet, wrapped (minimizing excess air) in at least one layer of fire retardant 6-mil polyethylene sheeting, and secured by sealing with tape.

   (f)   After completion of all stripping work, surfaces from which asbestos-containing materials have been removed shall be cleaned (e.g. wet-brushed and/or wet-cleaned) to remove all visible residue.

(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)

§ 1-103 Encapsulation Procedures.

All sections of these rules must be followed in conjunction with this section except 15 RCNY § 1-102(e), § 1-104, § 1-105, § 1-107 through § 1-111, § 1-112(c), (d), (e), (g), and (h).

Encapsulation procedures must be conducted with the full containment of the work area (see 15 RCNY § 1-81) or the tent procedure (see 15 RCNY § 1-106) as follows:

   (a)   All material used for repair or encapsulation of asbestos-containing material shall have a flame spread rating, fireproofing, and smoke characteristics similar to the material being encapsulated. The encapsulate shall not alter the insulating characteristics of the material subject to encapsulation, and shall comply with current fire proofing standards and the encapsulate shall not add excess weight to the material increasing the potential that the material may lose cohesion or adhesion.

   (b)   Loose or hanging asbestos-containing materials shall be removed in accordance with the requirements of 15 RCNY § 1-102 and § 1-111.

   (c)   Only pigmented (non-transparent) encapsulants shown to be ratable as acceptable or marginally acceptable on the basis of Battelle Columbus Laboratory test procedures and rating requirements developed under the 1978 USEPA contract shall be used for encapsulation.

   (d)   The encapsulant solvent or vehicle must not contain a volatile substance.

   (e)   Latex Paint with solids content greater than 15 percent may be used as an encapsulant only as follows:

      (1)   as a lockdown sealant for coating all non-metallic surfaces, or

      (2)   for sealing of cementitious ACM.

   (f)   Encapsulants shall be field tested prior to use by applying each to a small area to determine suitability of the material to be encapsulated.

      (1)   Testing is to occur only after the isolation barriers are in place.

      (2)   Testing shall be by the USEPA method specified in the appendix of "Guidelines for the Use of Encapsulants on Asbestos-Containing Materials" (June, 1981) or ASTM Standard Test Method E 736-80. The encapsulated materials shall achieve a cohesive/adhesive strength of 100 lb/ft perpendicular to the surface.

   (g)   Application of bridging encapsulants over ACM shall provide the manufacturer's specified number of inches or minimum dry film thickness.

   (h)   A different color for each coat of encapsulant (per manufacturer's specifications) shall be used.

   (i)   Penetrating encapsulants shall be applied to penetrate existing asbestos-containing materials to the substrate. During treatment with a penetrating encapsulant, selected random core samples of the asbestos-containing materials shall be removed to check the depth of penetration. The resulting space shall be treated as outlined (in subdivision (a)) above and re-encapsulated.

   (j)   Encapsulants shall be applied using airless spray equipment.

      (1)   Spraying shall occur at the lowest pressure range possible to minimize fiber release from encapsulant impact at the surface. It shall be applied with a consistent horizontal or vertical motion.

      (2)   Each subsequent coat of encapsulant shall be applied at a right angle to the preceding coat application or per manufacturer's specifications.

   (k)   Encapsulated asbestos-containing materials shall be identified (e.g. using labels, signs or color coding) in order to warn building maintenance personnel in the event encapsulated materials must be disturbed.

   (l)   The following maintenance procedures are required, except when the encapsulated material is on utility lines located in the street:

      (1)   A periodic inspection and maintenance program, consisting of an inspection at least annually to check for damage to all encapsulated surfaces. Recoating and repairs are to be performed according to procedures in this section.

      (2)   Maintenance of records by the building owner, on the locations and condition of the encapsulated material and on alteration, renovation, modification, or other procedures that resulted in disturbance of the encapsulated material.

      (3)   When conditions change and encapsulation is no longer an appropriate method, additional abatement methods should be conducted.

(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)

§ 1-104 Enclosure Procedures.

All sections of these rules must be followed in conjunction with this section except 15 RCNY § 1-102(e), § 1-103, § 1-105, § 1-107 through § 1-111, § 1-112(c), (d), (e), (g), and (h).

Enclosure procedures must be conducted with the full containment of the work area (see 15 RCNY § 1-81) or the tent procedure (see 15 RCNY § 1-106) as follows:

   (a)   Loose and hanging asbestos-containing materials that may be disturbed during the installation of hangers or other support/framing materials for the enclosure shall be removed by wet methods in accordance with 15 RCNY § 1-102 and § 1-111.

   (b)   After installation of hangers, brackets or other enclosure supports and before installation of enclosure materials, damaged areas of fireproofing/thermal insulation shall be repaired using a replacement material.

   (c)   Utilities' service components shall be lowered or removed as necessary and reinstalled in a manner which permits proper utilization and does not disturb the integrity of the enclosures.

   (d)   Enclosed asbestos-containing materials shall be identified (e.g., using a sign, label, or color coding) in order to warn building maintenance personnel in the event that the enclosure must be disturbed.

   (e)   The following maintenance procedures are required:

      (1)   A periodic inspection and maintenance program, consisting of an inspection at least annually to check for damage to all enclosed surfaces. Re-enclosure and repairs are to be performed according to the requirements of this section.

      (2)   Maintenance of records by the building owner, on the locations and condition of the enclosed material and on alteration, renovation, modification, or other procedures resulting in disturbance of the enclosed material.

      (3)   When conditions change and enclosure is no longer an appropriate method of asbestos abatement, additional abatement methods should be conducted.

(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)

§ 1-105 Glovebag Procedures.

Glovebag procedures may only be used in conjunction with the full containment of the work area (see 15 RCNY § 1-81) or the tent procedure (see 15 RCNY § 1-106).

The following procedures shall be followed during the conduct of abatement activities:

   (a)   Glovebag procedures must be done using commercially available glovebags of 6-mil clear plastic, appropriately sized for the project. Glovebags may not be shifted and must not be moved from the initial surface to another surface, or reinstalled on the initial surface once removed. Glovebag procedures may only be used on horizontal piping.

   (b)   The glovebag procedure shall be performed in accordance with the following:

      (1)   All necessary tools and materials shall be brought into the work area before the glovebag procedure begins.

      (2)   Air monitoring shall be conducted in accordance with 15 RCNY §§ 1-31 through 1-45.

      (3)   Glovebag procedures shall be conducted by workers specifically trained in glovebag procedures and equipped with appropriate personal protective equipment.

      (4)   The insulation diameter worked shall not exceed one half the bag working length above the attached gloves.

      (5)   The ACM within the secured glovebag shall be wetted with amended water prior to stripping.

      (6)   The bag shall be attached over duct tape which has been placed securely around the insulation, forming a smooth seal. The bag shall be securely attached to the insulation in a manner to prevent air transfer.

      (7)   After placement, each glovebag must pass a smoke test. The glovebag shall be placed under negative pressure utilizing a HEPA vacuum, and a smoke tube shall then be aspirated to direct smoke at all seams and seals from outside the glovebag. Any leaks detected by the smoke test shall be duct taped airtight.

      (8)   If the insulation adjacent to the section which will be worked on is damaged, or if the insulation terminates or is jointed or contains an elbow adjacent to the work section, the adjacent insulation shall be wrapped in fire retardant 6-mil polyethylene sheeting and sealed airtight with duct tape.

      (9)   After the insulation has been removed, the surface shall be sprayed with amended water and brush-scrubbed to remove all visible ACM. The surface, the interior of the bag, the insulation and the tools shall then be sprayed with amended water. The enclosed volume shall be misted and time allowed for the mist to settle out before breaking the seal to remove the glovebag.

      (10)   Any insulation ends created by this procedure shall be:

         (i)   sealed with encapsulant prior to bag removal, or

         (ii)   thoroughly wetted before bag removal and sealed with wettable cloth end caps and spray glue or any combination of these materials immediately following bag removal.

      (11)   The tool pouch shall be separated from the bag prior to disposal by twisting it and the wall to which it is attached several times, and taping the twist to hold it in place, thus sealing the bag and the pouch which are severed at the midpoint of the twist. Alternatively, the tools can be pulled through with one or both glove inserts, thus turning the gloves inside out. The glove(s) is/are then twist sealed forming a new pouch, taped and severed mid-seal forming two separate bags.

      (12)   A HEPA vacuum shall be used for evacuation of the glovebag in preparation for removal of the bag from the surface for clean-up in the event of a spill, and for post project clean-up.

      (13)   With the glovebag collapsed and the ACM in the bottom of the bag, the bag shall be twisted several times and taped to seal that section during bag removal.

      (14)   A 6-mil plastic bag shall be slipped around the glovebag while it is still attached to the surface. The bag shall be detached from the surface by removing the tape or cutting the top with blunt scissors.

      (15)   The asbestos-containing waste, the clean-up materials, and protective clothing shall be wetted sufficiently, double-bagged minimizing air content, sealed separately, and disposed of in conformance with 15 RCNY §§ 1-93 and 1-102.

      (16)   A visual clearance inspection must be conducted by the asbestos handler supervisor and project monitor after the work area dries, to ensure the absence of ACM residue or debris in the work area. The clearance inspection must be documented in the abatement contractor's log and the project air sampling log.

   (c)   [Reserved.]

   (d)   Glovebag procedures may only be utilized as part of a large or small asbestos project within full containment as set forth in 15 RCNY § 1-81, or inside a tent constructed in accordance with 15 RCNY § 1-106.

(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)

§ 1-106 Tent Procedures.

All sections of these rules must be followed in conjunction with this section except 15 RCNY § 1-112(a) - (h). Tent Procedures must be conducted as follows:

   (a)   Tent procedures must be limited to the removal of less than 260 linear feet and 160 square feet of ACM on any individual floor and must not result in disturbance of ACM during tent erection. Tent procedures may be used as part of a large asbestos project only as provided for in 15 RCNY § 1-81(f) or in conjunction with the glovebag procedure set forth in 15 RCNY § 1-105. Multiple tent enclosures may be used as part of a large asbestos project on an individual floor only in conjunction with the use of the glovebag procedure set forth in 15 RCNY § 1-105. Multiple tent enclosures without the use of the glovebag procedure on a large asbestos project require a variance for the use of modified tent procedures and a remote worker decontamination enclosure. Air monitoring shall be conducted in accordance with 15 RCNY §§ 1-31 through § 1-45.

   (b)   Tent procedures must be conducted in a constructed or commercially available fire retardant plastic tent, plasticizing and sealing all surfaces and fixed objects not being abated within the tent periphery forming an enclosure. The tent must be of fire retardant 6-mil plastic at a minimum, with seams heat-sealed, or double-folded, stapled and taped airtight and then taped flush with the adjacent tent wall. This is a single use barrier that must not be reused once dismantled or collapsed.

   (c)   There shall be an airlock at the entrance to the tent, unless there is an attached worker or waste decontamination system.

   (d)   Asbestos handlers involved in the tent procedure must wear personal protective equipment as specified in 15 RCNY § 1-51(c), plus a second disposable suit. All street clothes must be removed and stored in a clean room within the work site. The personal protective equipment with two disposable suits must be used for installation of the tent and throughout the procedure if a decontamination unit with a shower is not physically connected to the tent. If a decontamination unit (with shower and clean room at a minimum) is physically connected to the tent, only one disposable suit shall be required; in this case, prior to exiting the tent, the worker must HEPA vacuum and wet clean the disposable suit.

   (e)   The tent shall be attached to the surface to produce an airtight seal except for an appropriate section to allow for make-up air into the tent.

   (f)   Negative pressure ventilation equipment shall be used to continuously exhaust the enclosed area as specified under 15 RCNY § 1-91, Engineering Controls.

   (g)   Removal of ACM shall be by wet methods in accordance with 15 RCNY § 1-102.

   (h)   ACM removed shall be placed in a leak-tight container without dropping it.

   (i)   Upon completion of abatement, and prior to tent collapse, the enclosed surfaces shall:

      (1)   be wet cleaned using rags, mops or sponges; and

      (2)   be permitted sufficient time to dry, prior to HEPA vacuuming all substrates; and

      (3)   be encapsulated to lockdown residual asbestos.

   (j)   Upon barrier disturbance, loss of engineering controls, or termination of tent usage, the tent and the enclosed surfaces shall be treated according to subdivision (i) above.

   (k)   The bagged waste shall be wet cleaned or HEPA vacuumed and then transferred outside the tent, double bagged, and appropriately handled prior to disposal.

   (l)   The outer disposable suit (if 2 suits are worn) shall be HEPA vacuumed in the tent prior to exiting. The outer disposable suit shall be removed in the airlock and a clean suit shall be worn over the inner suit. The workers shall immediately proceed to a shower at the work site. The inner disposable suit and respirator shall be removed in the shower after appropriate wetting. The disposable clothing shall be disposed of as asbestos-containing waste material. The workers shall then fully and vigorously shower with supplied liquid bath soap, shampoo, and clean dry towels.

   (m)   The negative pressure ventilation equipment shall be used to filter a minimum of 4 volume changes through the tent after completion of abatement but prior to collapse of the tent/barrier. All required air monitoring must be successfully completed before the tent/barrier is collapsed.

   (n)   The tent shall be collapsed inward, enclosing the contaminated clothing. This contaminated material shall be disposed of in another plastic bag. The HEPA vacuum shall be decontaminated and sealed.

   (o)   Glovebag procedures for removal of material within the tent for any sized project shall follow the rules set forth in 15 RCNY § 1-105.

   (p)   A visual clearance inspection must be conducted by the asbestos handler supervisor and project monitor after the work area dries, to ensure the absence of ACM residue or debris in the work area. The clearance inspection must be documented in the abatement contractor's log and the project air sampling log.

(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022; amended City Record 1/15/2025, eff. 2/14/2025)