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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)
(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.
(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)
(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)
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.
(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.
(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.]
(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)
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)
(a) These procedures apply only to the removal of asbestos-containing roofing material (ACRM) from exterior roof surfaces. The work area on the roof must be cordoned off with clearly visible barriers such as caution tape, and only persons authorized by the building owner or the building owner's representative may have access.
(1) The contractor must establish and maintain a warning line system on the roof throughout the project.
(2) The contractor must comply with the requirements set forth in OSHA 29 C.F.R. 1926. Subpart M, Fall Protection standard, specifically 29 C.F.R. 1926. 500; 501; and 502.
(3) Only persons authorized by the building owner or the building owner's representative may have access to the roof during abatement activities.
(4) Walking Surfaces. Walking and working surfaces shall be protected from tripping or stepping into or through holes or openings, including skylights, by covers secured to the surface in accordance with OSHA Section 29 C.F.R. 1926.501.
(b) The foam or viscous liquid shall be non-toxic, shall not require special respiratory protection for handling, and shall not affect the handling and disposal of the waste.
(c) The foam or viscous liquid shall coat and maintain a stable blanket (minimum 1" thickness) for the duration of the removal process and shall leave an identifiable colored residue when it dissipates.
(d) The foam or viscous liquid shall wet the ACRM. The ACRM shall be kept wet through the bagging process.
(e) Persons entering the work area must wear personal protective equipment as required by 15 RCNY § 1-51 as well as correctly-fitting, good traction rubber boots.
(f) Abatement shall not be carried out during adverse weather conditions (e.g. precipitation, high winds, ambient temperature below 32 degrees Fahrenheit, etc.).
(g) The worker decontamination unit may be attached to each work area at an entry/exit from each work area in accordance with 15 RCNY § 1-82, or may be remote, in which case the work area shall be equipped with an airlock at the entrance. For removal of less than 1,000 square feet of ACRM, in addition to the shower head(s), the shower room shall be equipped with a flexible hose for waste decontamination. For 1,000 square feet or more of ACRM removal, a separate waste decontamination facility as per 15 RCNY § 1-83 shall be located at an entry/exit from each work area. Remote holding areas for the asbestos containing waste shall comply with Title 16, Chapter 8, Rules of the City of New York (16 RCNY §§ 8.01 et seq.).
(h) Movable objects shall be removed from the work area, or kept in place and wrapped in one sheet of fire retardant 6 mil plastic sheeting.
(i) Provisions must be made to ensure a safe and adequate air supply to any affected building. All vents, skylights, air intakes, windows and doors opening onto the roof, and all other openings must be sealed with 2 layers of fire retardant 6mil plastic or fitted with HEPA filters when appropriate. Vents, air intakes, etc. can be vertically extended temporarily to a height of ten feet instead of sealing them with 2 layers of plastic or HEPA-filters. Drains may be equipped with 5 micron filtering system in lieu of being sealed.
(j) Fixed objects including perimeter walls, bulkheads, cooling towers, ducts and other rooftop accessories must be covered in one sheet of fire retardant 6 mil plastic up to a height of at least six feet.
(k) Prior to actual removal, the built-up roofing shall be blanketed and wetted with a minimum 1" coating of the acceptable foam or viscous liquid which shall be maintained for the duration of the removal until the material is bagged. The foam or viscous liquid shall be confined to the work area.
(l) Power tools used to drill, cut into, or otherwise disturb the ACRM shall be equipped with HEPA-filtered local exhaust ventilation and operated to prevent potential fiber release.
(m) Clean-up procedures shall include the removal and direct bagging of ACRM, so that loose ACRM does not accumulate on the roof. Exterior or interior chutes are prohibited to transport ACRM from the roof to lower floors. Clean-up procedures shall also include the removal of all visible accumulations of asbestos containing waste and the removal of all excess foam or similar viscous liquids. Following the removal of all debris, the work area shall be thoroughly wet cleaned.
(n) The work area shall be allowed to dry completely before the visual inspection is conducted. The project monitor and asbestos handler supervisor shall confirm the absence in the work area of ACM, asbestos-containing waste or debris, and foam or other viscous liquid. This visual inspection must be documented in the abatement contractor's log and project air sampling log.
(o) Upon successful visual inspection, all installed plastic sheeting shall be removed.
(p) Air monitoring shall be conducted in accordance with the relevant provisions of Subchapter D of these rules.
(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)
(a) These procedures only apply to the removal of surface flooring material including vinyl asbestos floor tiles (VAT), ACM floor coverings (e.g., linoleum) and associated mastics and adhesives, where the only ACM being abated in the work area is flooring material.
(b) The foam or viscous liquid shall be non-toxic, shall not require special respiratory protection for handling, and shall not affect the handling and disposal of the waste.
(c) The foam or viscous liquid shall coat and maintain a stable blanket (minimum 1" thickness) for the duration of the removal process and shall leave an identifiable colored residue when it dissipates. The acceptable foam or viscous liquid shall be maintained for the duration of the removal until the material is bagged.
(d) The foam or viscous liquid shall coat and wet the ACM. The ACM shall be kept wet through the bagging process.
(e) Persons entering the work area must wear personal protective equipment as required by 15 RCNY § 1-51 as well as correctly-fitting, good-traction rubber boots.
(f) Baseboards and wall surfaces up to a minimum height of four feet above the floor must be covered with a layer of fire retardant 6-mil plastic sheeting. If hand power tools are used during the abatement, wall surfaces must be covered with a layer of 6-mil polyethylene sheeting to a minimum height of six feet. Abrasive removal methods, including the use of grinders and beadblasters, are prohibited.
(g) Negative air pressure ventilation shall be provided to allow make-up air into the work area, and the air outlet from the work area shall be at or near the floor level.
(h) Clean-up procedures shall involve removal and bagging of the ACM, of visible accumulations of asbestos containing waste, and of all traces of foam or similar viscous liquid. Following the removal of all debris, the work area shall be thoroughly wet cleaned and HEPA-vacuumed.
(i) The work area shall be allowed to dry completely before the visual inspection is conducted. The project monitor and asbestos handler supervisor shall confirm the absence in the work area of ACM, asbestos-containing waste or debris, and foam or other viscous liquid. This visual inspection must be documented in the abatement contractor's log and project air sampling log.
(j) Upon successful visual inspection, plastic sheeting shall be removed from baseboards and wall surfaces. Isolation barriers shall remain in place.
(k) Air monitoring shall be conducted in accordance with the relevant provisions of Subchapter D of these rules.
(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)
This section shall apply to projects involving the abatement of asbestos-containing materials from the vertical exterior surfaces (and associated horizontal surfaces, e.g. coping stones on top of a parapet wall) of a building or structure, including but not limited to the following materials:
Caulking or glazing compounds
Asphaltic mastic or tar (e.g., flashing on parapet walls)
Cement siding or shingles (including Transite)
Paints
Sealants for coping stone caps or clay roofing tiles
Asphaltic mastic or tar (e.g., flashing on parapet walls)
Cement siding or shingles (including Transite)
Paints
Sealants for coping stone caps or clay roofing tiles
(a) The work area shall be prepared as follows:
(1) The entire surface to be abated and ground-level perimeter shall be considered the work area unless partitions and warning tape are used to define the work area, except that if the horizontal surface below the surface to be abated is not the ground (e.g., surface to be abated is inside parapet wall on roof), the horizontal surface underneath the abatement shall be considered the work area, not the ground.
(2) A restricted area shall be established using warning tape extending at least 25 feet from the affected areas of the building or to the nearest vertical obstruction or the curb.
(3) The restricted area may be entered only by certified workers or authorized visitors.
(4) Before plasticizing, the restricted area shall be inspected for ACM debris and, if necessary, pre-cleaned using HEPA vacuums and wet methods.
(5) All openings to the building or structure's interior which are within 25 feet of the affected ACM shall be closed and made airtight.
(6) Scaffolding erected to access the ACM shall be constructed, maintained, and used in accordance with applicable federal, state, and city laws. The contractor must comply with the requirements set forth in OSHA 29 C.F.R. 1926. Subpart M, Fall Protection and Subpart L (Scaffolds) and the NYC Building Code.
(7) Elevated platforms being used to access the affected ACM shall be plasticized with two layers of fire-retardant 6-mil plastic, which shall extend up from the platform to at least the height of the mid-rail on three sides, and shall be attached directly to the building just below the surfaces under abatement.
(8) The ground-level restricted area shall be cleared of all moveable objects and plasticized with two sheets of fire-retardant 6-mil plastic, which shall be extended one foot up the side of the building. The plasticized area shall be twenty-five feet wide or to the curb. This plastic shall be cleaned, replaced, and disposed of as asbestos waste at the end of each shift.
(9) Sidewalk bridges in the restricted area shall be covered with two layers of fire-retardant 6-mil plastic, placed over and secured to the bridge, spread across the full width of the bridge and up the interior walls of the bridge so the walls are fully plasticized.
(b) A worker/waste decontamination system shall be constructed within the restricted area.
(c) Persons entering the work area must wear personal protective equipment as required by 15 RCNY § 1-51.
(d) Removal Procedure.
(1) Removal of ACM must be by wet methods in accordance with 15 RCNY § 1-102.
(2) ACM removed must be placed in a leak-tight container without dropping the ACM into the container.
(e) Cleanup Procedure.
(1) The stripped substrate must be HEPA vacuumed and wet-wiped.
(2) 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.
(3) After the inspection is completed, the warning tapes and barriers may be removed.
(4) The clearance inspection must be documented in the abatement contractor's log and the project air sampling log.
(f) Air monitoring must be conducted in accordance with the relevant provisions of Subchapter D of these rules.
(g) Abatement must not be performed under this section during bad weather (e.g. precipitation, high winds, temperatures in the immediate outdoor surroundings below 32 degrees Fahrenheit, etc.).
(h) Power tools used to drill, cut into, or otherwise disturb ACM must be equipped with HEPA-filtered local exhaust ventilation and operated to prevent potential fiber release.
(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)
(b) A condemnation order or declaration issued by the Department of Buildings (DOB) or a signed and sealed condemnation letter from the Owner's registered design professional which has been acknowledged by the Department of Buildings (DOB) must be submitted to the DEP through the ARTS E-File system. A site-specific scope of work identifying the steps to control asbestos emissions during the controlled demolition must be submitted and approved by DEP prior to the commencement of work. The contractor must comply with all procedures set forth in the approved scope of work document. Any variation from the approved scope of work must be approved in advance by DEP.
(Amended City Record 4/28/2022, eff. 5/28/2022; amended City Record 1/15/2025, eff. 2/14/2025)
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