PROMULGATION OF AMENDMENTS OF ASBESTOS RULES AND AIR ASBESTOS PENALTY SCHEDULE.

Adopted Rules: Closed to Comments

Effective Date: 
Friday, September 20, 2019
Agency:
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Rule

On January 6, 2019, DEP amended its asbestos rules, which are found at Title 15, Chapter 1 of the Rules of the City of New York (RCNY). After DEP promulgated these rules, companies engaged in asbestos abatement requested several minor clarifications as follows:

• Clarify section 1-29 by specifying that only air monitoring technicians need to have their license at the work place, not all individuals;
• Clarify the requirements of section 1-36(b) as to how many air sampling technicians need to be present during sampling;
• Clarify that the requirements of section 1-42(a) regarding the placement of air samples apply to all asbestos projects, not only those that are conducted indoors;
• Change the requirements for lettering on notices to be posted under sections 1-81(a) and 1-125(a), as contractors advised that the required font sizes were impractical.

In addition, it was noted that the new Air Asbestos Penalty Schedule, found at Title 53 of Chapter 1 of the RCNY, which also became effective on January 6, 2019, had failed to carry over certain sections from the penalty schedule which had previously been located in the rules of the Office of Administrative Trials and Hearings.

Finally, the rule divides the penalty schedule into three subdivisions (specifically, the RCNY, the New York State Industrial Code, and the New York City Administrative Code). No substantive change is intended with respect to the amendments made by sections six and nine of the rule other than the addition of a penalty for a violation of Administrative Code § 24-1002.

The only public comments received were from the Asbestos Workers Union (Local 78), which opposed the change concerning the number of air sampling technicians and the change in font size for required notices. After assessing the comments, DEP has decided that the changes are justified.

After the public hearing was held, it was noted that the Air Asbestos Penalty Schedule contains an outdated statutory reference regarding violations for resuming work in violation of stop-work orders. The outdated reference is corrected in the final rule.

The rule is authorized by section 1043 of the Charter of the City of New York and sections 24-105 and 24-136 of the Administrative Code.