N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-11.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 56-11.2 - Emergency projects

(a) Air sampling and analysis. Air sampling and analysis on emergency asbestos projects shall be conducted in accordance with the requirements of Subpart 56-4 of this Part.

(b) Where allowed. Permissible under this section are only those projects that are deemed by the commissioner or his or her duly authorized representative as being necessary to respond to an unexpected, unanticipated or unforeseen occurrence, including but not limited to, an incidental disturbance of ACM, PACM or asbestos material, a steam, chemical, gas or water line rupture, or boiler failure or a building/structure collapse, which poses:

(1) an imminent danger to the health and safety of the public; or

(2) an asbestos related risk to the health and safety of the public from release of airborne asbestos fibers.

(c) Licensing and certification. Emergency asbestos projects conducted under this Subpart shall comply with the requirements of sections 56-3.1, 56-3.2 and 56-3.3 of this Part.

(d) Notification. Prior to the commencement of an emergency asbestos project, the asbestos abatement contractor shall comply with the emergency asbestos project notification requirements set forth in sections 56-3.5 and 56-3.6 of this Part.

(e) Approved emergency project. If permission to proceed as an emergency asbestos project is granted as per this subdivision and section 56-3.5 of this Part, all work done on the project must be performed in a manner consistent with applicable provisions of this Part or with approved variance conditions required by the commissioner or his or her designee. If the asbestos project will be completed using alternative procedures defined within a site-specific variance, the approved variance decision must be obtained prior to proceeding with the asbestos project. If permission to proceed with the emergency asbestos project is denied, all work shall be performed in accordance with all applicable provisions of this Part.

(f) Corrective actions for incidental disturbance of asbestos containing materials.

(1) Upon discovery, the affected area shall be cordoned off with barrier tape at a distance of 25 feet from the outer most limit of the disturbance. This shall be considered the regulated abatement work area for the cleanup of the disturbed materials. The regulated abatement work area shall be immediately cordoned off and adequate signage shall be posted as described in section 56- 7.4 of this Part. After evaluation and emergency notification for the incidental disturbance as per section 56-3.5 of this Part, the following applies:

(i) A minimum of a small project decontamination system enclosure, which may be remote from the work area, shall be installed and utilized for the asbestos project. For interior regulated abatement work areas critical barriers shall be installed as per section 56-7.11 of this Part, or an appropriately sized tent enclosure shall be installed to serve as an isolation barrier, dependent upon the size and configuration of the area disturbed. Then negative air ventilation systems shall be established as per section 56-7.8(a) of this Part.

(ii) For outdoor regulated abatement work areas, all adjacent building openings within 25 feet of the outermost limit of the disturbance shall be sealed with two layers of six mil fire-retardant plastic sheeting.

(2) Tent enclosures if necessary, shall be constructed as per section 56- 7.11(f)(1) of this Part to surround the area of disturbance. The tent shall be sealed to the surfaces beyond the limits of contamination, and those surfaces of the tent enclosure (wall, ceiling, or floor) shall not require plastic sheeting. An attached airlock is required.

(3) Due to the nature of this work, background air samples shall not be required.

(4) Wet methods shall be employed to minimize further disturbance of the affected material during cleanup activities. No removal of undisturbed ACM, PACM or asbestos material shall be allowed during the incidental disturbance cleanup emergency asbestos project.

(5) Visual inspection. Once final cleaning is complete, a visual inspection shall be completed by the supervisor to confirm that the scope of abatement work for the asbestos project is complete, and no visible debris/residue, pools of liquid, or condensation remain.

(6) Removal of personal protective equipment. The worker's disposable protective clothing shall be removed and left in the incidental disturbance work area upon exiting.

(7) Exiting procedures. After exiting the tent, workers shall immediately don clean protective clothing within the attached airlock. Workers shall then proceed immediately to a shower for decontamination.

(8) Final cleaning and clearance procedures. Final clean-up procedures shall comply with Subpart 56-9 of this Part, except that only one stage of cleaning (final) is to be performed. Lockdown encapsulant use is not required except for porous contaminated surfaces subject to cleaning. After clean-up is complete, a visual inspection followed by completion of clearance procedures, shall be performed consistent with the requirements of Subpart 56-9 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-11.2