Asbestos Subscribe to RSS - Asbestos

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Wednesday, February 14, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Working with the City’s rule-making agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. In light of this review, the Department of Enviornmental Protection (“DEP” or “the department”) is making several changes to its asbestos regulations to update them and make them easier for the public and the regulated community to understand.

Among other changes, the proposed rule:
• clarifies the purpose of the rule;
• adds definitions;
• adds sections related to the Asbestos Assessment Report and renewal of the Restricted Asbestos Handler Certificate;
• clarifies variance-related issues;
• clarifies the qualifications required for investigator certificates;
• clarifies record-keeping requirements for the contractor, air monitor and investigator;
• updates language on, and the specifications of, required warning signs and labels;
• prohibits employees of the department’s Asbestos Control Program from applying for an asbestos investigator certificate or from applying for renewal of the certificate;
• allows in certain instances individuals denied a certificate to appeal the decision;
• repeals section 1-22 (b)(2), Asbestos Exemption Certification;
• limits the number of times any certificate holder may receive a replacement certificate to twice in any two-year validity period;
• requires an asbestos abatement permit when there is an obstruction of an interior exit stairway;
• requires a sample location sketch to be made within one hour of the beginning of sample collection of suspected asbestos-containing material;
• requires additional training for investigators with a high school diploma including blueprint-reading courses;
• requires a minimum of six months graduate experience in building survey or a certified asbestos investigator;
• allows for electronic recordkeeping;
• clarifies for the investigator what a chain of custody must include;
• sets required procedures for encapsulation and enclosure;
• requires applicants to achieve a passing grade on a departmental examination by the third attempt;
• makes failure to comply with a work place safety plan a violation of the rules;
• requires that a variance for the use of a remote worker decontamination enclosure be obtained;
• requires a building owner or its authorized representative to retrieve the approved stamped copy of the work place safety plan from DEP and post that copy at the work place;
• requires that a sample location sketch must be made within one hour of the beginning of sample collection;
• amends section 1-26 to always require a work place safety plan when a permit is required;
• clarifies the roofing, flooring, vertical surface, and pre-demolition procedures; and
• includes minor plain-language revisions.

Subject: 

Amendment of Asbestos Control Program Rules

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor Conference Room
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, March 21, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule Subchapter 5 of Chapter 1 of Title 24 of the Administrative Code, which set forth fees to be imposed under the Air Pollution Control Code, was repealed by Local Law 38 of 2015, which has an effective date of May 6, 2016. The proposed rule establishes fees to replace the repealed subchapter. The new fee schedule retains the existing fees and establishes fees for previously unregulated equipment that will be regulated under the revised Air Code. These sources include char broilers, which will require a registration, and cogeneration systems, which will require a certificate of operation. The new fee schedule also reflects the changes that have been made in the revised Air Code to reflect more accurate units of measurement for various types of equipment, such as kilowatts for generators and horsepower for engines. The current code uses British Thermal Units (btu) as the unit of measurement for all types of fuel burning equipment. The revised Air Code clarifies that the output of some types of equipment is more accurately measured by horsepower (HP) or kilowatts (KW) and the new fee schedule reflects this. The use of this more accurate terminology does not affect the fees imposed. The revised fee schedule also reflects the change that has been made in the Air Code, which increases the threshold for boiler and engine registrations from 2.8 million Btu per hour to 4.2 million Btu per hour. By increasing the threshold, more boiler applications can be filed through the registration process, which is available for on-line filing. Finally, the asbestos fees, which are set forth in Subchapter 6 of the current Air Code, were also repealed by Local Law 38 and will be replaced by fees set forth in the proposed Rule. The amounts of the existing fees will not be changed.

Subject: 

Hearing to Establish Fees Under the Air Pollution Control Code.

Location: 
NYC DEP
59-17 Junction Blvd. 9 Floor Conference Rm.
Flushing, NY 11373
Contact: 

Russell Pecunies

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Proposed Rule Section 1403(c) of the New York City Charter and Section 24-105 of the New York City Administrative Code authorize the Commissioner of Environmental Protection to regulate and control the emission of harmful air pollutants into the open air. Section 24-146.1(d)(1) of the Administrative Code authorizes the Commissioner to make rules establishing criteria for certifying individuals to receive an asbestos handling certificate and for certifying programs as approved safety and health programs. The Commissioner may restrict the asbestos handling certificate as to certain functions and responsibilities. Section 24-163.1(d)(2) authorizes the Commissioner to make rules establishing criteria for certifying individuals as asbestos investigators. The amendments codify the existing practices of the Asbestos Control Program. The New York State-approved training courses for asbestos handler supervisors and asbestos investigators are administered only in English, so the DEP examination for these certificates is also given only in English. Asbestos handler supervisors need to speak and understand English to ensure that there is someone at the work site who can communicate with a DEP inspector. Asbestos investigators must speak English to perform their responsibilities, which includes communicating with DEP inspectors at office and field audits. The amendments to the Adjudications chapter provide that translation services will be made available for all hearings held under that chapter except for those related to the possible suspension or revocation of asbestos handler supervisor and asbestos investigator certificates. As holders of those certificates must pass a training course and a certification exam in English, it will not be necessary to provide translation services for those hearings. Subdivision (e) of Section 32-01 of Chapter 32 of Title 15 of the Rules of the City of New York has been repealed because Local Law 38 of 2015 includes the repeal of Administrative Code § 24-133 (from the Air Pollution Control Code).

Effective Date: 
Mon, 09/28/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, July 20, 2015
Proposed Rules Content: 

Section 1403(c) of the New York City Charter and Section 24-105 of the City Administrative Code authorize the Commissioner of Environmental Protection to regulate and control the emission of harmful air pollutants into the open air.

 

Section 24-146.1(d)(1) of the Administrative Code authorizes the Commissioner to make rules establishing criteria for certifying individuals to receive an asbestos handling certificate and for certifying programs as approved safety and health programs. The commissioner may restrict the asbestos handling certificate as to certain functions and responsibilities. Section 24-163.1(d)(2) authorizes the Commissioner to make rules establishing criteria for certifying individuals as asbestos investigators.

 

The proposed changes would codify the existing practices of the Asbestos Control Program. The New York State-approved training courses for asbestos handler supervisors and asbestos investigators are administered only in English, so the DEP examination for these certificates is also given only in English. Asbestos handler supervisors need to speak and understand English to ensure that there is someone at the work site who can communicate with a DEP inspector. Asbestos investigators must speak English to perform their responsibilities, which includes communicating with DEP inspectors at office and field audits.

 

The proposed changes to the Adjudications chapter would provide that translation services will be made available for all hearings held under that chapter except for those related to the possible suspension or revocation of asbestos handler supervisor and asbestos investigator certificates. As holders of those certificates must pass a training course and a certification exam in English, it would not be necessary to provide translation services for those hearings.Subdivision (e) of Section 32-01 of Chapter 32 of Title 15 of the Rules of the City of New York would be repealed because Local Law 38 of 2015 includes the repeal of Administrative Code § 24-133 (from the Air Pollution Control Code).

Subject: 

DEP Rule to Establish standards and requirements concerning Asbestos Handler Supervisor Certificates

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8 Floor
Flushing, NY 11368
Contact: 

Russell Pecunies