1. New York City Department of Environmental Protection
Amendments to the Asbestos Regulation Title 15, Chapter 1 of the Rules of NYC

2. NYC first regulated asbestos in 1985, under what was called Local Law 76 of 1985.
The regulation has since become part of the City Rules and is now known as Title 15
now
Current changes went into effect in 2011, after the Detsuche Bank Fire
2011
Current Amendment went into effect on January 6, 2019
6 Jan. 2019
History

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INVESTIGATOR =
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4. NYCDOI Investigation into Certified Asbestos Investigators
Most of the changes to Title 15 was in response to indictment and arrest of NYCDEP certified asbestos investigators (CAIs).
Those indictments included recommendations from the New York City Department of Investigations (NYCDOI).
NYCDOI Investigation into Certified Asbestos Investigators

5. NYC DOI Recommendations
DEP will conduct more thorough background checks of all new and renewing Certified Asbestos Investigators. DEP will also refer to DOI any new applicants where fraud and other misconduct is suspected.
DEP has drafted new rules that will now require that all CAI applicants have experience in building surveys for asbestos. This investigation revealed a lack of competence in asbestos investigations by certain CAI applicants, specifically registered design professionals, certified safety professionals and industrial hygienists, who under current rules are exempt from experience requirements.

6. NYC DOI Recommendations
DEP will institute a more frequent and robust audit regimen to include a thorough review of the accuracy and authenticity of records associated with CAIs’ asbestos investigations and refer to DOI any suspect findings. This investigation revealed that even though CAIs are required to maintain business records associated with their investigations for a period of 30 years that these records were not properly maintained by many of the defendants.

7. NYC DOI Recommendations
DEP will prohibit CAIs from submitting bulk samples of suspect materials they collected in their investigations to laboratories that CAIs are affiliated with to avoid a potential conflict. Current state regulations do not prohibit CAIs from associations or ownership interests in a testing laboratory to which they send samples.

8. NYCDEP Amendments to Title 15 Regarding Asbestos Investigators
Subchapter A Section 1-01 subdivision (j) (3) now allows NYCDEP may block an asbestos investigator from filing an ACP5 form along with the previous wording of denying asbestos permits for non-payment of civil penalties by the abatement contractor, building owner or air monitoring company,
A requirement of an electronic recordkeeping system and to protect records from water damage, and a requirement to immediately report if any records are damaged, lost or destroyed,
Non-certified individuals may not collect bulk samples,
NYCDEP Amendments to Title 15 Regarding Asbestos Investigators

9. NYCDEP Amendments to Title 15 Regarding Asbestos Investigator
Chain of custody. “Chain of custody” shall mean the form or set of forms that document the collection and transfer of a sample, which must reflect the time and date of all transfers of that sample and identify each person that handles that sample by such person’s printed full name and signature.
The investigator must assume that some or all of the areas investigated contain ACM, and for each area that is not assumed to contain ACM, must collect and submit for analysis bulk samples in accordance with §§1-36, 1-37 and 1-44 and EPA publications 560/ and 560/ A, and 40 CFR Part , , and
NYCDEP Amendments to Title 15 Regarding Asbestos Investigator

10. NYCDEP Amendments to Title 15 Regarding Asbestos Investigators
New applicants must submit documentation of successful completion of an 8 hour minimum introductory blueprint-reading course or any applicable building design and construction training or certification as established by the department and posted on the NYCDEP website,
Registered design professionals, certified industrial hygienist or certified safety professionals must have documentation of 6 months post-graduate experience in building survey for asbestos,
Associate Degree individuals must have 2 years (instead of one year) post-graduate experience in conducting surveys for asbestos,
NYCDEP Amendments to Title 15 Regarding Asbestos Investigators

11. NYCDEP Amendments to Title 15 Regarding Asbestos Investigators
Individuals with extensive experience must show 3 years (instead of two years) of experience in conducting surveys for asbestos,
Section 1-16 letter (k) gives NYCDEP the authority to immediately suspend an investigator issued a notice of violation alleging unprofessional conduct that demonstrates a willful disregard for public health, safety or welfare,
Section 1-16 letter (m) investigators must disclose prior convictions, etc.
NYCDEP Amendments to Title 15 Regarding Asbestos Investigators

12. NYCDEP Amendments to Title 15 Regarding Asbestos Investigators
Section 1-16 letter (l) gives NYCDEP authority for reasonable cause to believe an investigator's surveys have been performed improperly or fraudulently such that work performed poses or may pose a threat to human safety, the Commissioner may invalidate any or all ACP-5s filed by the investigator and may order the building owner to stop all work, have a new survey conducted by a different investigator, and have a new ACP5 submitted.
NYCDEP Amendments to Title 15 Regarding Asbestos Investigators

13. NYCDEP Amendments to Title 15 Regarding Asbestos Investigators – New Section 1-24 Asbestos Assessment Reports
Each area where work will occur must be surveyed by the asbestos investigator for all Presumed Asbestos Containing Materials (PACM) present. All suspect ACM must be listed in Section 9 of the Asbestos Assessment Report (Form ACP5). The asbestos survey must be clearly described in Section 9 with detailed descriptions of floors and sections of floors. An individual row in Section 9 must be used for each individual homogenous type of suspect ACM and each must be clearly described with its respective identifying characteristics
An asbestos assessment report (Form ACP5) shall be valid for one year from the date generated within the Department’s Asbestos Reporting and Tracking System website

14. Asbestos Assessment Report

15. NYCDEP Amendments to Title 15 Regarding Asbestos Investigators
The addition of the number of samples required based on Surfacing Materials, Thermal System Insulation, and Suspect Miscellaneous Materials.
Skim coat of joint compound included in surfacing materials utilizing 3,5,7 rule.
Bulk Sample results/reports must be submitted within 72 hours of request (used to be 5 calendar days).
NYCDEP Amendments to Title 15 Regarding Asbestos Investigators

16. NYCDEP Amendments to Title 15 – Changes to Other Parts of Title 15
Several definition modifications or changes, including:
Bound Notebook -notebook manufactured so that the pages cannot be removed without being torn out,
Start Date - shall mean the date when a worker decontamination enclosure system is installed and functional,
Approved Variances changes including automatically canceling a written approval of a variance when the building owner changes contractors,
Section added to experience requirement of asbestos handler supervisor,
Sections added to the renewal of restricted asbestos handler certificate,

17. NYCDEP Amendments to Title 15 – Changes to Other Parts of Title 15
Work Place Safety Plan's (WPSP) floor plans must now also show the location of the decontamination enclosure systems along with all project work areas,
Failure to comply with the approved WPSP is a violation of these rules was added.
A requirement that a registered design professional must submit a letter to the Asbestos Technical Review Unit affirming that the professional visited the workplace and that additional asbestos abatement, for the additional ACM added to a project, is consistent with the approved WPSP and the proposed changes will not impact egress or fire protection.
Electronic recordkeeping of the project record for abatement projects,
NYCDEP Amendments to Title 15 – Changes to Other Parts of Title 15

18. NYCDEP Amendments to Title 15 – Changes to Other Parts of Title 15
A rotometer's calibration sheet must be available at the worksite,
Air Monitoring Company must maintain electronic records for 30 years after the end of the project including:
NYCDEP Certificate number of all individuals who worked on the project;
location & general description of the project;
start and completion dates for the project;
name, address, & ELAP registration number of the laboratory used for air sample analysis;
a copy of the project air sampling log.
One air sample technician must be present per 3 work areas in one work site.
NYCDEP Amendments to Title 15 – Changes to Other Parts of Title 15

19. NYCDEP Amendments to Title 15 – Changes to Other Parts of Title 15
Project air sampling log must be created & maintained in a bound notebook by the air monitoring company.  A copy of the log must be submitted within 72 hours of a request, used to be 24 hours.
Sample location sketches must be made within one hour of the beginning of sample collection.
Air sampling results/reports must be submitted within 72 hours of request (used to be 5 calendar days).

20. NYCDEP Amendments to Title 15 – Changes to Other Parts of Title 15
OSHA personal sampling must be made available within 72 hours of request.
Entry and exit log must be submitted within 72 hours of a request, used to be 48 hours.
Glovebag procedures may only be used on horizontal piping.
NYCDEP Amendments to Title 15 – Changes to Other Parts of Title 15

21. Questions? Angelo Garcia, III Future Environment Designs, Inc.