ATTACHMENT I

NEW YORK STATE DOL REGULATORY NOTIFICATION

ATTACHMENT II

NEW YORK STATE DOL VARIANCE DECISION

October 27, 2008 Mr. Chris Alonge New York State Department of Labor Department of Safety & Health Engineering Services Unit State Office Building Campus – Bldg. 12 Albany, NY 12240 Re: Petition for Variance Fiterman Hall – 30 West Broadway Deconstruction Operation Dear Mr. Alonge: The Dormitory Authority of the State of New York (DASNY), through Airtek Environmental Corp. (Airtek, Owner’s Environmental Consultant, OEC) as its representative, is requesting a site-specific variance from New York State Department of Labor (NYS DOL, DOL) Industrial Code Rule 56 (ICR56) as amended on March 21, 2007 in order to perform asbestos abatement activities for the completion of the deconstruction of Fiterman Hall. PAL Environmental Safety Corp. (Contractor) (DOL Asbestos Handling License No. 28675, File No. 99-0690) is the contractor selected to perform the abatement work. All access to the Building is permitted only under the conditions of the site Health & Safety Plan (HASP). This variance petition is being submitted as Attachment II of Regulatory Submittal Part I(D) – Deconstruction Operations Work Plan. To view diagrams for the work procedures described in this variance petition, please refer to the attachments to Regulatory Submittal Part I(D) – Deconstruction Operations Work Plan. PAL Environmental Safety Corp. requests variance approval to perform the asbestos abatement during the deconstruction of Fiterman Hall by the procedures outlined in the petition. The asbestos abatement work to be performed during the deconstruction operation is:

1. Removal of Assumed Contaminated Heavy Machinery & Equipment 2. Abatement of Non-Friable Mastic on Spandrel Beams

1. Removal of Assumed Contaminated Heavy Machinery & Equipment Heavy machinery and equipment that were wrapped in poly during the remediation operations (Variance Decision 07-1004) will be removed during the deconstruction operation and disposed of as asbestos containing waste at a minimum or in accordance with any waste characterization results. The plasticized surfaces of the wrapped machinery and equipment were cleaned by HEPA vacuuming and wet wiping during the remediation operations. These items will remain sealed in poly at all times during removal and will be removed wholly intact. Heavy machinery and equipment will be removed as it is encountered as the deconstruction operation progresses downward through the building. For instance, elevator motors located on the 12th Floor will be removed when the deconstruction procedure has reached that floor. Wrapped machinery and equipment will be prepped for rigging picked off of the building by the crane. The crane will lower wrapped items to the ground where they will be placed into trucks parked in the West Broadway and/or Greenwich Street lane closures and sent to an asbestos waste disposal facility or otherwise disposed of in accordance with any waste characterization results. An OEC NYS DOL certified project monitor will be present during prepping and picking of wrapped machinery and equipment to ensure that proper handling is employed to prevent damage to the poly wrapping. In the event that the poly wrapping is compromised the OEC NYS DOL certified project monitor will assess the situation to determine the necessary course of action to be taken. At the direction of the OEC NYS DOL certified project monitor,

Petition for Variance Fiterman Hall – 30 West Broadway Deconstruction Operation Page 2

NYS DOL and NYC DEP certified asbestos handlers will repair the damaged wrapping. If deemed necessary by the OEC NYS DOL certified project monitor, the NYS DOL and NYC DEP certified asbestos handlers will perform clean up of the affected area by HEPA vacuuming and wet wiping. Asbestos air sampling (TEM analysis) will be conducted around the perimeter of the area of origin of the wrapped items to be transferred to the waste loading area. In addition, sampling will be conducted along the route taken to deliver the wrapped materials to the waste loading area, and around the waste loading area during loading operations. The OEC Asbestos Project Monitor will determine the appropriate deployment of sampling equipment based on the location of the equipment to be moved and the configuration of the work area. At a minimum three samples will be collected around the area of origin, one sample every 25 feet will be located along the crane-swing path, and three sample will be located at the waste loading area. The project will rely on the community monitoring TEM air samples for the vertical lowering of the equipment. Only “During Air Samples” will be run, and the last set of during samples run for any work operation will serve as final air samples for that operation unless there is an exceedance of the 70 s/mm standard for any sample. In the case of any exceedance, the OEC NYS DOL certified project monitor will perform a visual inspection of the area to determine the course of action. If deemed necessary by the OEC NYS DOL certified project monitor, NYS DOL and NYC DEP certified asbestos handlers will perform clean up of the affected area by HEPA vacuuming and wet wiping. A set of final air samples will then be run in the area of the exceedance and work practices will be reviewed in an effort to determine the cause of the exceedance. This exceedance procedure will be repeated as necessary until clearance is achieved in the affected area.

2. Abatement of Non-Friable Mastic on Spandrel Beams

There is non-friable, non-organically bound, asbestos containing mastic applied to the exterior surface on the web of steel spandrel beams located around the perimeter of the floors. The perimeter columns that the spandrel beams are connected to are not impacted by the mastic material.

All personnel performing the removal of asbestos containing materials (ACM) during the deconstruction will hold valid NYS DOL and NYC DEP asbestos handler and/or supervisor certifications. A twenty-five foot (25’) separation between asbestos work areas and non-asbestos work areas will be observed in all areas where asbestos abatement activities will take place. The remote decontamination unit established on the west side of the site will be used for the decontamination of personnel performing the removal of ACM. All personnel performing the removal of ACM during the deconstruction operations are required to utilize the proper personal protective equipment (PPE) at all times. The minimum PPE required for abatement activities during deconstruction operations ACM removal is as follows:

• Disposable coverall suits with hoods • Respirators (Half-Face APR) • Nitrile gloves • Safety goggles • Work boots • Rubber boots or rubber boot covers • Hard hats • Hearing Protection (only if noise will exceed OSHA decibel limits)

In order to access the ACM mastic, it is necessary for deconstruction personnel to perform selective demolition activities. After the removal of the façade wall and kneewall by deconstruction personnel is complete on a given floor, the removal of steel columns and steel spandrel beams will begin. The columns and spandrel beams will be removed in sequence in accordance with the specifications of the engineer of record for the deconstruction. Points of attachment to perimeter columns will be made with steel cables, chokers or nylon slings around the columns remaining at one end and vehicular equipment skid steer/loader at the other end of the cabling chokers. The skid steer loaders will assist in the removal of perimeter columns. These machines will be used as anchors, ensuring that steel columns can only move inward, onto the floor slab during the deconstruction process. The skid steer loaders will provide the necessary mass to

Petition for Variance Fiterman Hall – 30 West Broadway Deconstruction Operation Page 3

anchor the columns, as well as provide the necessary power to pull columns onto the floor slab allowing the ACM mastic on the spandrel beams to be accessed by abatement personnel. Structural steel perimeter columns will be removed by torch cutting the steel columns above the floor slab. OSHA compliant fall protection will be maintained during this and other deconstruction activities performed close to the open perimeter of the structure. In each location where there are spandrel beams with non-friable ACM mastic present on the exterior surface of the web the following procedure will be performed. NYS DOL and NYC DEP certified asbestos handlers will place two layers of 6mil fire retardant poly below the affected spandrel beam to be removed. Perimeter column and spandrel beam removal will take place floor by floor as the deconstruction progresses downward through the building. Cabling and chokers will be secured around the spandrel beams to provide a means of handling the beams with deconstruction equipment. After the cabling is installed, pre-burning will be performed to create hinges allowing columns to be pulled inward in a controlled manner. Columns will be torch cut, leaving tabs that will ensure that the columns remain vertical until they are pulled inward with the positive control applied by deconstruction equipment. After columns and spandrel beams have been prepared, front loaders will move away from the perimeter pulling the columns inward with the spandrel beams connected and aligned over the plasticized area onto the floor slab. After the columns have been pulled inward and onto the floor slab, the bent over tabs will be torch cut to sever the columns from the column stub below. Spandrel beams will be detached from the columns by torch cutting by at column connection points where there is no ACM mastic present leaving the spandrel beam on top of the plasticized section of the floor slab. As ACM mastic was applied only to the exterior surface of the spandrel beam web it is not anticipated that any mastic will be present at the connection points. Preliminary deconstruction contractor inspections confirm this position. OEC NYS DOL certified asbestos inspector will be available to determine if ACM mastic is present at the connection points. In the event that ACM mastic is present at the connection points, the columns will be torch cut in an area above and/or below the connection points to detach the spandrel beam and a portion of the impacted columns without disturbing the ACM mastic. The detached columns will be prepped for rigging and then lowered to the ground via the crane and placed into containers, flatbeds and/or trucks docked in a lane closure at the site. These whole steel members will be sent for recycling. As a secondary means of steel removal, detached columns will be downsized by torch cutting for handling by deconstruction vehicular equipment and dropped to grade via debris chutes. Chuted steel will be collected by vehicular equipment operating on the First Floor with the assistance of laborers. Collected steel will be placed into dumpsters, flatbeds and/or trucks docked either on the First Floor or in an exterior lane closure at the site. Scrap steel will be sent to a recycling facility. For more details regarding shafts/debris chutes refer to Section 8.0. Torch cutting of ACM covered steel will be prohibited during the deconstruction operation. There are two methods that may be used to perform the removal of ACM spandrel mastic. One method or the other may be used or some combination of the two methods may be used based. A determination of which procedure to be used will be made by the Abatement Contractor’s NYS DOL certified project designer based on consultation with field management and supervision. In the first method, the detached beams will be wrapped in two layers of 6-mil fire retardant poly with the non-friable ACM mastic intact and prepped for rigging. Once prepped, the wrapped spandrel beams will be lowered to the ground by the crane where they will be placed into asbestos waste trucks, trailers and/or dumpsters and sent to an asbestos waste disposal facility or otherwise disposed of in accordance with any waste characterization results. In the second method, after the spandrel beams are laid onto the plasticized slab NYS DOL and NYC DEP certified asbestos handlers will wet down the non-friable ACM spandrel mastic with amended water. NYS DOL and NYC DEP certified asbestos handlers will the remove the mastic from the surface of the beams using manual scraping tools. Removed mastic debris will be placed directly into 6-mil asbestos bags. The bags will be sealed with duct tape and placed into a second 6-mil asbestos bag. The second bag will then be sealed with duct tape. The exterior surface of sealed bags will be cleaned by HEPA vacuuming and wet-wiping. Sealed bags will be transported to the remote decontamination facility via carrying, lowering down a shaft with a roofing material/equipment hoist and/or the crane and/or lowering off of the building in skip pans with the crane. Sealed, cleaned bags of mastic will be properly labeled, processed through the waste decontamination facility and placed into asbestos waste trucks, trailers and/or dumpsters or live-loaded into asbestos waste trucks within a lane closure at the Site for disposal as asbestos waste at a minimum or in accordance with any waste characterization results. To view waste containers and lane closure locations

Petition for Variance Fiterman Hall – 30 West Broadway Deconstruction Operation Page 4

please refer to Attachment V – Deconstruction Operation Logistics Plans. It is not anticipated that a significant amount of run-off water will be generated during the spandrel mastic abatement. HEPA vacuums, mops, rags and/or other absorbent material used to collect any run-off water will be containerized and decontaminated for disposal as asbestos waste or in accordance with any waste characterization results. Collected water will be filtered to five (5) microns and discharged into the NYC sewer system. After the mastic is removed from spandrels the surface where the material was removed will be cleaned by HEPA vacuuming and wet wiping. Once cleaning is complete, the Abatement Contractor’s NYS DOL and NYC DEP certified asbestos supervisor will perform a visual inspection of the clean spandrel beams. Once the beams have passed the Abatement Contractor’s visual inspection, the Owner’s Environmental Consultant NYS DOL certified project monitor will perform a visual inspection of the cleaned spandrel beams. Once the spandrel beams have passed OEC visual inspection the cleaned spandrel beams will be released for removal by the Deconstruction Contractor. The cleaned beams will be prepped for rigging and lowered to the ground via the crane and placed into containers, flatbeds and/or trucks docked in a lane closure at the Site. These whole steel members will be sent for recycling. As a secondary means of steel removal, cleaned spandrel beams will be downsized by torch cutting for handling by deconstruction vehicular equipment and lowering to grade via debris chutes. Chuted steel will be collected by vehicular equipment operating on the First Floor with the assistance of laborers. Collected steel will be placed into dumpsters, flatbeds and/or trucks docked either on the First Floor or in an exterior lane closure at the site. To view waste containers and lane closure locations please refer to Attachment V – Deconstruction Operation Logistics Plans. Scrap steel will be sent to a recycling facility. For more details regarding shafts/debris chutes refer to Section 8.0. Asbestos air sampling (TEM analysis) will be conducted around the perimeter of the area of origin of the spandrel beams, or the removed and bagged spandrel beam mastic, to be transferred to the waste loading area. In addition, sampling will be conducted along the route taken to deliver the cut spandrel beams to the waste loading area, and around the waste loading area during loading operations. Only “During Air Samples” will be run, and the last set of during samples run for any work operation will serve as final air samples for that operation unless there is an exceedance of the 70 s/mm standard for any sample. The OEC Asbestos Project Monitor will determine the appropriate deployment of sampling equipment based on the location of the sprandrel beam work and the configuration of the work area. At a minimum three samples will be collected around the area of origin, one sample every 25 feet will be located along transport paths and the crane-swing path, and three samples will be located at the waste loading area. The project will rely on the community monitoring TEM air samples for the vertical lowering of the spandrel beam(s). In the case of any exceedance, the OEC NYS DOL certified project monitor will perform a visual inspection of the area to determine the course of action. If deemed necessary by the OEC NYS DOL certified project monitor, NYS DOL and NYC DEP certified asbestos handlers will perform clean up of the affected area by HEPA vacuuming and wet wiping. A set of final air samples will then be run in the area of the exceedance and work practices will be reviewed in an effort to determine the cause of the exceedance. This exceedance procedure will be repeated as necessary until clearance is achieved in the affected area. This activity will continue on a given floor until the removal of perimeter columns and spandrel beams is completed. If you have any questions or require any further information, please contact our office. Sincerely, PAL Environmental Safety Corp. Aric Domozick Compliance Manager NYS DOL Project Designer (Certificate No. 07-02183)

Fiterman Hall - DOL Variance Petition Application Item No. 25

Abatement Activities During Deconstruction

Abatement to be performed in accordance with ICR 56-11.6 (Facades) with the exception of the following subsections from whichvariance is requested.

ICR 56 Section Relief Requested Reason/Hardship Public Health & Safety Measures* 56-7.5(d) To utilize remote decon for mastic To limit the installation of facilities Engineering controls, wet methods,

removal. into areas undergoing deconstruction OEC inspection, remote deconactivities (including usage of torches &vehicular equipment).

56-7.10 Not to pre-clean the regulated All interior surfaces and objects to Engineering controls, wet methods,work area be cleaned and cleared during the OEC inspection, remote decon

remediation operation.

56-11.6(b)(1) Not to install air locks at the To limit the installation of facilities Engineering controls, wet methods,entrances to regulated abatement into areas undergoing deconstruction OEC inspection, remote deconwork areas activities (including usage of torches &

vehicular equipment).

56-7.11(a) & Not to install critical barriers. The regulated work area will be an Engineering controls, wet methods,56-11.6(b)(4) exterior area following selective demo OEC inspection, remote decon

to access ACM. Surfaces will not exist on which to install criticals.

56-11.6(b)(vi) & Not to seal nearby windows with All windows will be removed and Engineering controls, wet methods,56-11.6(b)(vii) plastic. sealed by deconstruction personnel OEC inspection, remote decon

prior to the start of abatement.

Note* - Health & Safety Procedures are presented in detail in Regulatory Submittal Part I(D) - Deconstruction Work Plan

ATTACHMENT III

UNITED STATES EPA REGULATORY NOTIFICATION

ATTACHMENT IV

NEW YORK CITY DEP REGULATORY NOTIFICATION

ATTACHMENT V

DECONSTRUCTION OPERATION LOGISTICS PLAN

ATTACHMENT VI

NOISE MITIGATION PLAN

ATTACHMENT VII

MAJOR EQUIPMENT CUT SHEETS

ATTACHMENT VIII

ASBESTOS SURVEY TABLE

6.0 ASBESTOS QUANTITY SCHEDULE: Approximate asbestos quantity schedules are presented on the following table:

TABLE 1 SUMMARY OF INSPECTION RESULTS FOR ASBESTOS

FITERMAN HALL 30 WEST BROADWAY, NEW YORK, NY 10007 PROPOSED

WORK SUSPECT ACM THAT MAY BE AFFECTED

LAB RESULTS

APPROXIMATE ACM

QUANTITY NOTES/SPECIFIC LOCATION

Elbow drain insulation of water tower

Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Roof shingle of water tower Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Louvers of cooling tower Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Silicone caulk Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Glazing Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Gypsum wallboard Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Condenser gasket Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Radiator backing Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Hard wall plaster Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Pyrobar building block Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Deck patch on I-beam above women’s bathroom

Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Cove moulding with glue Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Wall joint compound Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Adhesive on duct-fiberglass Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Patch on duct insulation Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Trowelled on cement on duct

Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Mastic/Glue paper Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

White speckled 9×9 VFT Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Grey speckled 9×9 VFT Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Blue speckled 9×9 VFT Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Pipe wrapping in cage Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Mudded joint fitting elbow Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

White 12×12 VFT/mastic Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Beige 12×12 VFT/mastic Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

PROPOSED WORK

SUSPECT ACM THAT MAY BE AFFECTED

LAB RESULTS

APPROXIMATE ACM

QUANTITY NOTES/SPECIFIC LOCATION

Acoustical ceiling tile 4×2 and 2×2

Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Spray-on fireproofing Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Blue 12×12 VFT/mastic Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Light grey 12×12 VFT/mastic

Non ACM 0 SF Confirmed by Applied Technology Services Inc. Aug. 1996

Tar materials on interior perimeter walls

ACM 26,843 SF Material Abated During Remediation Phase

Spandrel/Lintel/Relieving Angle flashing mastic (Exterior Side)

ACM 28,755 SF 1st-15th Floor

Paper materials on perimeter walls

ACM 26,793 SF Material Abated During Remediation Phase

Fiber glass materials on perimeter walls

ACM contaminated

26,793 SF Material Abated During Remediation Phase

Felt materials on perimeter walls

ACM contaminated

1,962 SF Material Abated During Remediation Phase

Flashing mastic on beams ACM 25 SF Material Abated During Remediation Phase

Black cloth materials on beams

ACM contaminated 25 SF Material Abated During Remediation

Phase Roof materials Non ACM 0 SF Elevator machine room roof Flashing Non ACM 0 SF Elevator machine room roof Coping caulk Non ACM 0 LF Elevator machine room roof Cap flashing Non ACM 0 SF Elevator machine room roof Screed Non ACM 0 SF Elevator machine room roof Flashing Non ACM 0 SF Fan room roof Roof materials Non ACM 0 SF Stair roof Flashing Non ACM 0 SF Stair roof Side window caulking ACM 8 LF Material Abated During Remediation

Phase Top window caulking ACM 4 LF Material Abated During Remediation

Phase Window glazing Non ACM 0 LF Stair roof Screed Non ACM 0 SF Stair roof Roof materials Non ACM 0 SF New elevator mechanical room roof Flashing Non ACM 0 SF New elevator mechanical room roof Coping stone caulk Non ACM 0 LF New elevator mechanical room roof Side window caulking ACM 8 LF Material Abated During Remediation

Phase Top window caulking ACM 4 LF Material Abated During Remediation

Phase Screed Non ACM 0 SF New elevator mechanical room roof Roof materials Non ACM 0 SF 15th Floor roof Flashing Non ACM 0 SF 15th Floor roof Flashing Non ACM 0 SF 14th Floor roof Screed Non ACM 0 SF 14th Floor roof Roof membrane under

screed Non ACM 0 SF 14th Floor roof

Flashing Non ACM 0 SF 5th Floor roof

Roof membrane Non ACM 0 SF 5th Floor roof Screed Non ACM 0 SF 5th Floor roof Brick wall mortar Non ACM 0 SF 6th & 15th Floor

PROPOSED WORK

SUSPECT ACM THAT MAY BE AFFECTED

LAB RESULTS

APPROXIMATE ACM

QUANTITY NOTES/SPECIFIC LOCATION

Expansion joint caulking Non ACM 0 SF 6th & 15th Floor Marble mortar & sealant Non ACM 0 SF 1st Floor exterior of the building Marble caulking Non ACM 0 SF 1st Floor exterior of the building Window frame caulking ACM 600 LF Material Abated During Remediation

Phase Column caulking Non ACM 0 SF 1st Floor exterior of the building Column mortar Non ACM 0 SF 1st Floor exterior of the building Floor covering materials Assumed

ACMs 288,000 SF Material Abated During Remediation

Phase Glue daub Non ACM 0 SF NW entrance exterior ceiling Interior spandrel flashing Non ACM 0 SF 1st – 15th Floor Black tar on concrete Non ACM 0 SF 3rd floor south side ceiling Black tar Non ACM 0 SF 3rd floor south side ceiling Black roof tar/paper ACM 6,950 SF Material Abated During Remediation

Phase Brown roof insulation Non ACM 0 SF 14th floor setback roof N. side Black roof membrane Non ACM 0 SF 14th floor setback roof N. side Brown roof paper Non ACM 0 SF 14th floor setback roof N. side Red brick material Non ACM 0 SF 14th floor setback roof N. side Brown roof cloth Non ACM 0 SF 14th floor setback roof N. side Black roof insulation Non ACM 0 SF 14th floor setback roof N. side Brown roof insulation Non ACM 0 SF 14th floor setback roof N. side Black roof paper Non ACM 0 SF 16th floor water tank White pipe insulation ACM 12 LF Material Abated During Remediation

Phase Black roof shingle ACM 80 LF Material Abated During Remediation

Phase Black roof tar ACM 80 LF Material Abated During Remediation

Phase

Total Approximate Quantity of ACM 406,146 SF 796 LF

ATTACHMENT IX

ASBESTOS LOCATION DRAWINGS