N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-2.1
As used in or in connection with the Part, the following terms mean:
Any portion of an asbestos project that includes procedures to control fiber release from asbestos containing material. This includes removal, encapsulation, enclosure, repair, or handling of asbestos material that may result in the release of asbestos fiber.
Procedures, regulations, or standards, which are published by recognized standards organizations (e.g., NIOSH, ASTM, ANSI), or are included within Federal, State or local governmental regulations (e.g., OSHA, USEPA).
A project becomes active when construction of the personal decontamination unit is required to be commenced, or when ACM, PACM or asbestos material is disturbed, whichever comes first, and is considered active until completion of Phase IID, unless, in response to a written request, permission is granted by the Department of Labor Engineering Services Unit to suspend the work on the project for a specified time period.
Additional asbestos abatement work not originally included within the NYS DOL asbestos project notification.
Sufficiently mix or penetrate a material with amended water to prevent the release of visible emissions. If visible emissions are observed coming from asbestos-containing material, then the material has not been adequately wetted.
An accepted method of sampling in which mechanical equipment is used before and during the sampling period to stir up settled dust/asbestos fibers.
A building/structure which is or was used exclusively for agricultural or horticultural activity. This definition does not include converted structures or buildings currently used for residential purposes or the processing or retail merchandising of agricultural or horticultural commodities.
A system for permitting entrance and exit, while restricting air movement, between a contaminated area and an uncontaminated area.
The process of measuring the fiber content of a known volume of air collected during a specific period of time, using accepted methodologies.
A method of sampling by which an air sample is collected outside the regulated abatement work area, and is collected without the use of aggressive air sampling techniques.
Water to which a surfactant has been added.
A program, approved by the New York State Commissioner of Health, providing training in the various disciplines that may be involved in an asbestos project.
Any naturally occurring hydrated mineral silicate separable into commercially usable fibers, including chrysotile (serpentine), amosite (cumingtonite-grunerite), crocidolite (riebeckite), tremolite, anthophyllite and actinolite.
An asbestos contractor who performs abatement during an asbestos project or employs persons performing such abatement.
A bound daily narrative journal maintained by the asbestos abatement contractor, which contains a synopsis of all pertinent events that occur throughout Phase II of the asbestos project.
Any material containing greater than one percent of asbestos, also known as asbestos material.
The State, any political subdivision of the State, a public authority or any other governmental agency or instrumentality thereof, self-employed person, company, unincorporated association, firm, partnership or corporation and any owner or operator thereof, which engages in any portion of an asbestos project, or employs persons engaged in any portion of an asbestos project.
Asbestos Control Bureau, Division of Safety and Health, New York State Department of Labor.
Any person who performs the duties described in section 56-3.2(d)(1) of this Part.
A certificate issued by the commissioner in any of the categories set forth in section 56-3.2(d) of this Part.
A license issued by the commissioner pursuant to section 56-3.1 of this Part.
Any material containing greater than one percent of asbestos, also known as Asbestos Containing Material (ACM).
Work that involves the removal, encapsulation, enclosure, repair or disturbance of friable or non-friable asbestos, or any handling of asbestos material that may result in the release of asbestos fibers. For the purpose of compliance with this Part, an asbestos project shall include any disturbance of asbestos fibers, and the planning, asbestos survey (as per section 56-5.1 of this Part), design, background air sampling, inspection, air sampling and oversight of abatement work, cleanup, and the handling of all asbestos material subject to abatement, as well as the supervising of such activities. Installation of friable ACM shall also be considered an asbestos project. An asbestos project starts with Phase I when the planning, asbestos survey, and design work begins or is required to begin. The project shall not be considered completed until Phase II D is complete. (See Table 1 of this section.)
Table 1
ASBESTOS PROJECT PHASES OF WORK
| Phase I | Phase II | ||||
| (Prior to Asbestos Abatement Contractor Mobilization) | < Start-------------Abatement-------------End > | ||||
| Pre-Abatement | |||||
| A | B | A | B | C | D |
| Asbestos Survey, Planning & Design | Background Air Sampling | Regulated Abatement Work Area(s) Preparation & Enclosure Construction | Asbestos Handing including, Gross Removal or Abatement, Initial Cleans and Waste Removal | Final Cleaning & Clearance Air Samples | Final Waste Removal From Site |
| < Start----------------------------------------Asbestos Project----------------------------------------End > | |||||
An individual who performs the duties described in section 56-3.2(d)(3) of this Part.
A thorough inspection for and identification of all PACM, suspect ACM, or asbestos material throughout the building/structure or portion thereof to be demolished, renovated, remodeled, or repaired. (See Subpart 56-5 of this Part.)
ACM, PACM, asbestos material or asbestos contaminated objects requiring disposal pursuant to applicable laws or regulations. This includes RACM as well as Category I and II non-friable ACM.
Any party on an asbestos project, who has to enter the asbestos project restricted area or regulated abatement work area for emergency purposes or regulatory compliance inspections. Examples include the building/structure owner, his or her agent or representative, utility company representatives, the commissioner or his or her agents, and personnel of any regulatory agency having jurisdiction over the project. Visitors shall comply with all applicable requirements of OSHA 29 CFR 1926.
A method used to determine airborne fiber concentrations in the area where abatement work is to be conducted, prior to starting Phase II A of the asbestos project.
Critical barriers and isolation barriers.
A structure wholly or partially enclosed within exterior walls and a roof, intended to afford shelter to persons, animals or property; or a structure used as a conveyance for utilities, vehicular traffic or pedestrians (e.g., bridge, tunnel, manhole, subsurface conduits).
The State, any political subdivision of the State, a public authority or any other governmental agency or instrumentality thereof, person, company, unincorporated association, firm, partnership or corporation in whom legal title to the premises is vested unless the premises are held in land trust, in which instance building/structure owner means the person in whom beneficial title is vested.
A licensed asbestos contractor firm contractually responsible for execution of any building owner's responsibility, as required by this Part, during any phase of an asbestos project at the building owner's building/structure.
Accepted methods for collecting samples of suspect materials for appropriate analyses by NYS ELAP approved laboratories, to determine asbestos content.
NESHAP classification - Asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products, containing more than one percent asbestos, that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
NESHAP classification - Any material, excluding Category I non-friable ACM, containing more than one percent asbestos, that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
OSHA term meaning activities involving the abatement of thermal systems insulation (TSI), and surfacing ACM and PACM.
OSHA term meaning activities involving the abatement of ACM which is not TSI or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.
OSHA term meaning repair and maintenance operations, where no more than a minor quantity of ACM, including TSI and surfacing ACM and PACM, is likely to be disturbed.
OSHA term meaning maintenance and custodial activities during which employees contact but do not disturb ACM or PACM and activities to clean up non-ACM dust, waste and debris resulting from Class I, II and III activities.
An uncontaminated area or room, which is a part of the personal decontamination enclosure, with provisions for storage and changing of persons' street clothes and protective equipment.
The utilization of HEPA-vacuuming or wet cleaning or both to control and eliminate accumulations of asbestos material and asbestos waste material.
An accepted method of air sampling used upon completion of final cleaning, during Phase IIC of an asbestos project. This method consists of using aggressive air sampling techniques to dislodge and stir up remaining asbestos fibers, then air samples are collected for appropriate analysis to determine representative airborne fiber concentrations.
The commissioner of the New York State Department of Labor.
The negative-pressurized enclosure within the restricted area, which establishes the regulated abatement work area and surrounds the location where the asbestos abatement is actually taking place.
Barriers that seal off all openings to or within the defined regulated abatement work area, including but not limited to operable windows and skylights, doorways, ducts, grills, diffusers and any other penetrations to surfaces adjacent to or within the regulated abatement work area.
An assembly which consists of at least three overlapping sheets of six-mil fire-retardant plastic over an existing or temporarily framed doorway, used to separate the chambers within the decontamination system enclosures and to inhibit airflow if the negative air ventilation system shuts down.
A series of connected rooms, usually attached to the regulated abatement work area, for the decontamination of persons, materials and equipment.
The wrecking or removal of any load-supporting structural member of a building or structure.
The New York State Department of Labor.
Any activities that disrupt the matrix of ACM or PACM, or generate debris, visible emissions or airborne asbestos fibers from ACM or PACM. This includes moving of friable asbestos containing material from one place to another.
An unexpected, unanticipated or unforeseen occurrence, including but not limited to, a steam, chemical, gas or water line rupture, a boiler failure, a building/structure collapse, or act of nature which may pose:
An asbestos project which is necessary to respond to an emergency.
A liquid material, which can be applied to asbestos material and which prevents the release of asbestos fibers from the material either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together and to the substrate (penetrating encapsulant). See sealant.
Abatement consisting of the coating or spraying of asbestos material with an encapsulant (sealant) or encapsulating agent.
Abatement consisting of the construction of airtight walls, ceilings and floors between the asbestos material and the building/structure environment, or around surfaces coated with asbestos material, or any other appropriate procedure as determined by the department, which prevents the release of asbestos fibers.
The United States Environmental Protection Agency.
A contained area or room which is part of the personal decontamination system enclosure with provisions for the storage of contaminated clothing and equipment.
Generally, a slender or elongated structure, which results from the break up of ACM, PACM or asbestos material. However, the definition of an asbestos fiber is also dependent upon the approved accepted method of air sampling and analysis utilized for the specific phase of the asbestos project.
Equipment, furniture or other item that is affixed, as a whole, to a floor, ceiling, wall or other building structure or system.
Any material that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure, or is capable of being released into the air by hand pressure.
A manufactured impervious bag-like enclosure constructed of at least six-mil transparent plastic, seamless at the bottom, with inward-projecting long sleeve glove(s), which may also contain an inward-projecting water-wand sleeve, an internal tool pouch, and an attached, labeled receptacle or portion for asbestos waste. The glovebag is constructed and installed to surround the object or area to be decontaminated and contain all asbestos fibers released during the abatement process.
A method for removing asbestos material from heating, ventilating, and air conditioning (HVAC) ducts, piping runs, valves, joints and elbows, and other non-planar surfaces, by use of a glovebag.
A material used as an adhesive, such as the material used to hold tiles to a surface. See mastic.
A high efficiency particulate air filter capable of trapping and retaining 99.97 percent of all mono-dispersed particles of 0.3 micron in diameter or larger.
Vacuuming equipment designed for abatement, with a high efficiency particulate air filtration system.
A chamber in the waste decontamination enclosure utilized for temporary storage of containerized ACM waste, prior to transfer to waste transport vehicle.
The unintentional disturbance of, ACM, PACM, or asbestos material.
The cleanup, repair or encapsulation of less than 10 square feet or less than 25 linear feet of incidentally disturbed ACM, PACM or asbestos material.
Any person who performs the duties described at section 56-3.2(d)(4) of this Part.
Asbestos material that has not crumbled, been pulverized, or otherwise been damaged or disturbed, and the material's matrix has not noticeably deteriorated.
The discrete abatement segments that will take place where non-continuous interim notifications are required, as per section 56-3.4(b)(4)(v) of this Part, for large asbestos projects.
Installed temporary hardwall barriers that complete the containment enclosure and establishes the regulated abatement work area.
A thinned out bridging encapsulant used for lockdown purposes to assist with cleanup as per this Part.
Any person who performs the duties described at section 56-3.2(d)(9) of this Part.
A pasty material used as an adhesive.
Equipment, furniture, or other item that is attached, in whole or in part, to a floor, ceiling, wall or other building structure or system or to a fixed object.
Equipment, furniture or other item that is not attached or affixed, in whole or in part, to a floor, ceiling, wall or other building structure or system or to a fixed object.
Any demolition, renovation, remodeling or repair project work site, which includes work covered by this Part, where more than one employer is reasonably expected to be on-site during the project.
The abatement of more than one type of ACM within the same containment.
A local exhaust system, capable of maintaining air pressure within a containment at a lower pressure than the air pressure outside of such containment, and which provides for HEPA filtration of all air exhausted from the containment.
National Emission Standards for Hazardous Air Pollutants ( 40 CFR part 61).
The National Institute for Occupational Safety and Health.
Any material documented to contain one percent or less of asbestos.
Any material that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure, and is not capable of being released into the air by hand pressure.
Non-friable asbestos materials embedded in flexible-to-rigid asphalt or vinyl matrices, including but not limited to flooring materials, adhesives, mastics, asphalt shingles, roofing materials and caulks.
Any frequented portion of the work site where abatement is not taking place.
Any person who performs the duties described at section 56-3.2(d)(5) of this Part.
The Occupational Safety and Health Administration.
The air immediately outside the building or structure in which an asbestos project is performed.
Any natural person.
Air sampling located in a worker's breathing zone.
An area designated for controlled passage of all persons to and from the regulated abatement work area.
Disposable work suits or coveralls, head covering, eye protection, footwear, gloves and appropriate NIOSH-approved respirators with appropriate NIOSH-approved filters.
To cover floors, walls, ceilings or other surfaces with six mil fire-retardant plastic sheeting.
All thermal system insulations and surfacing materials found in buildings constructed no later than 1980. PACM is considered to be ACM unless proven otherwise by appropriate bulk sampling and laboratory analyses.
Area air sampling conducted in accordance with Subpart 56-4 of this Part during the course of the asbestos project.
Any person who performs the duties described at section 56-3.2(d)(7) of this Part.
Any person who performs the duties described at section 56-3.2(d)(8) of this Part.
Any natural person except:
Any opening, which could admit asbestos fibers into a structure if not properly protected. Examples include but are not limited to operable windows, doors, vents, air intakes or exhausts of any mechanical device within a building or structure.
The portion of the restricted area where abatement work actually occurs. For tent work areas, the interior of each tent is a regulated abatement work area. For OSHA Class I and Class II asbestos abatement, the interior of the restricted area containment enclosure is the regulated abatement work area. For exterior non-friable asbestos abatement conducted without the establishment of negative air ventilation systems or containment enclosures, the entire restricted area surrounding the abatement location is considered to be the regulated abatement work area.
Friable ACM or PACM, Category I non-friable ACM that has become friable or has been or will be subjected to sanding, grinding, cutting or abrading, or Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.
For purposes of this code, remodel shall mean the same as renovation.
Decontamination systems that are not attached to the regulated abatement work area but are within the work site.
Abatement, consisting of operations where ACM, PACM or asbestos material is removed or stripped from structures or substrates. This includes demolition operations.
The altering of an existing building/structure, or a portion of building/structure components or systems, including the stripping, removal or abatement of ACM from a building or structure. Operations in which load-supporting structural members are wrecked or taken out are demolitions.
Abatement, consisting of corrective action for a minor asbestos project using required work practices to control fiber release from damaged ACM, PACM or asbestos material.
The replacement, overhaul, rebuilding, reconstructing or reconditioning of any part of a building/structure component or system with like or similar material or parts, due to damage or excessive wear.
NIOSH-approved respirators with appropriate NIOSH-approved filters.
A restricted area established and marked for the abatement portion of an asbestos project. This area shall include, but not be limited to asbestos project regulated abatement work areas and any contiguous decontamination facilities, adjoining staging areas where work materials, debris or waste from such work may accumulate, remote decontamination areas, and waste storage areas (dumpsters, trailers, etc.).
Any person who performs the duties described at section 56-3.2(d)(2) of this Part.
See Subpart 56-4 of this Part.
An encapsulating agent. A material which can be applied to asbestos containing material which prevents the release of asbestos fibers from the material either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together and to the substrate (penetrating encapsulant).
The abatement of different types of asbestos containing material within a common regulated abatement work area in a priority order. (See section 56-8.6 of this Part.)
A room between the clean room and the equipment room in the personal decontamination enclosure with hot and cold running water controllable at the tap and arranged for complete showering during decontamination.
Any person who performs the duties described at section 56-3.2(d)(6) of this Part.
Any suspect asbestos-containing material that is not PACM, such as floor tiles, ceiling tiles, mastics/adhesives, sealants, roofing materials, cementitous materials, etc. A listing of typical suspect miscellaneous ACM can be found in Subpart 56-5 of this Part. All suspect miscellaneous ACM must be assumed to be ACM, unless proven otherwise by appropriate bulk sampling and laboratory analyses.
Material that is sprayed-on, troweled-on, or otherwise applied to surfaces (such as acoustical or finish plaster on ceilings and walls, and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes).
A chemical wetting agent added to water to reduce the surface tension of the water and improve its penetration for added mitigation of airborne fiber release.
A fire-retardant polyethylene enclosure that includes walls, ceiling and a floor as required to remove ACM, PACM or asbestos material.
Insulation material applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat gain or loss.
Relief in accordance with section 30 of the Labor Law from specific sections of Industrial Code Rule 56 for a specific project.
Blanket relief in accordance with section 30 of the Labor Law from specific sections of Industrial Code Rule 56 for a particular type of project.
Any emission of particulate material that can be seen without the aid of instruments.
A room between the regulated abatement work area and the holding area in the waste decontamination system enclosure, where equipment and waste containers are wet cleaned or HEPA-vacuumed.
An area, consisting of a washroom and a holding area separated from each other by airlocks, designated for the controlled transfer of materials and equipment from the regulated abatement work area.
The area near the waste transfer airlock where containerized asbestos waste has been placed prior to removal from the regulated abatement work area.
The process of eliminating asbestos contamination from surfaces, equipment or other objects by using cloths, mops, or other cleaning tools that have been saturated with amended water.
Building, structure, parcel of land or premises where an asbestos project takes place.
N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-2.1