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The New York City Department of Environmental Protection ("DEP") has adopted new amendments to its asbestos control program rules to update and clarify various provisions.
The amendments were proposed and published in the City Record on August 26, 2024, and a public hearing was held on September 25, 2024. The Adopted Rule was subsequently published in January 2025, and took effect on February 14, 2025.
Key points from NYCDEP Asbestos Control Program's
2025 Adopted Amendments:
Definitions and Clarifications:
Clarification of terms like "ARTS E-File" and "Asbestos assessment report".
Addition of a definition for "Physically present" to specify on-site presence requirements.
Variance Application Procedures:
Changes to variance application procedures, including procedures for variance applications to address projects required a NYCDOB certification.
Clarification of project start date procedures for projects with both variance and non-variance work.
Addition of a new variance application category related to notifications, permits and recordkeeping for filing fee purposes.
Digital Certificates:
Amended to prepare for a transition to digital/electronic certificates for asbestos professionals (instead of the current plastic “hard cards”).
Supervision Requirements:
Reinforcement of the requirement for certified asbestos investigators (CAIs) to be physically present when supervising non-CAI assistants during surveys and bulk sampling (remote or virtual supervision is prohibited).
Work Place Safety Plans (WPSPs):
Changes to WPSP requirements, including the addition of an Occupant Protection Plan and the removal of the requirement to list non-asbestos contractors.
Recordkeeping and Inspections:
Stricter recordkeeping requirements, including measures to protect records from water damage and reporting of lost or damaged records.
Clarification of which records must be maintained and how they must be stored.
Clarification that each CAI recordkeeping requirement must be satisfied independently; and clarification of which records must be maintained by the CAI and requirements to maintain chain-of-custody.
Clarification of air monitoring record requirements and what must be included.
Clarification that all inspections, testing, observations and unusual incidents must be documented in the abatement contractor’s log and the project air sampling log.
Clarification of requirement that final visual inspections to be documented in the project air sampling log.
Emergency Procedures:
Procedures for handling additional asbestos abatement work on permitted projects.
Exemptions for some emergency asbestos projects from certain requirements.
Clarification of emergency asbestos project notification requirements.
Air Monitoring:
A new rule prohibiting abatement work without air monitoring.
Air monitoring must be conducted in spaces affected by damaged negative air ducts.
Sampling and Certification:
Clarification of who can perform bulk sampling and under what supervision.
Requirement for workers to be certified by both New York State and DEP.
Abatement Procedures:
Addition of procedures to be followed when additional asbestos abatement work is added to permitted projects.
Specific procedures are amended, added and/or clarified for various abatement scenarios, including partition erection, containment, tent procedures, flooring abatements, and controlled demolitions.
ACM removal during partition erection must be done by wet methods.
One worker decon for each containment is required.
Abrasive methods of removal are not permitted during flooring abatements.
A new rule prohibiting abatement work without air monitoring.
Project Closeout:
Consequences for failing to submit the ACP15 form, including suspension of contractor and air monitor accounts. Clarification that the ACP15 form must not be based off the visual inspection performed prior to the start of clearance air monitoring.
Plain Language Edits:
General edits throughout the regulations for clarity.
This information is intended to provide a simplified overview. The Notice of Adoption and Full Regulation can be accessed below.
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