Promulgation of Rules Concerning Asbestos Handler Supervisors and Asbestos Investigator Certificates.

Adopted Rules: Closed to Comments

Effective Date: 
Monday, September 28, 2015
Download Copy of Adopted Rule (.pdf): 

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 Subdivision (e) of Section 32-01 of Chapter 32 of Title 15 of the Rules of the City of New York has been repealed because Local Law 38 of 2015 includes the repeal of Administrative Code ยง 24-133 (from the Air Pollution Control Code).