UPDATE: New rules related to the filing of asbestos abatement documents went into effect on October 13. Read more.
Asbestos abatement in New York City is regulated by the Department of Environmental Protection (DEP) under the Asbestos Control Program (ACP). Under ACP rules, building owners are responsible for determining whether asbestos-containing-material (ACM) is present in the affected area of the property when they contemplate renovations, alteration, or demolition work. Any ACM must be abated in compliance with applicable State and local rules and regulations.
To undertake any construction or demolition in New York City that requires a DOB permit, a property owner is required to demonstrate to the Department of Buildings that the work entailed in the job has satisfied the regulatory thresholds for asbestos abatement. A flow chart of the current process is included in Attachment A and, with certain exceptions, starts with the hiring of an asbestos investigator by a building owner to determine whether any asbestos will be affected by the underlying work. Based on the results of that investigation, either an ACP 5 Form is prepared, certifying there is no asbestos work required, or an Asbestos Notification Form (“ACP 7”) is filed prior to any ACM being removed. While an ACP 5 may be submitted to DEP directly by the applicant, in practice, these forms are submitted to the Department of Buildings in connection with a request for a building permit.
If ACM is present, the building owner must hire a licensed abatement contractor to remove it, and an independent air-monitoring firm to monitor the work. Under the current process, the contractor submits an ACP 7 indicating the location and amount of ACM to be abated at the property. In order to conduct abatement work, the contractor must submit the ACP 7 to DEP’s ACP Technical Review Unit at least 7 days before the work is scheduled to commence. If the form is complete, it is assigned an identification number, stamped and returned to the contractor for posting at the jobsite, and the information from the form is entered into DEP’s abatement-project database. DEP also notifies the Department of Sanitation about the job and, if the ACP 7 indicates that the abatement is being conducted in connection with a demolition; boiler or sprinkler replacement; renovation; or fireproofing replacement; a copy of the ACP 7 is batched and forwarded weekly to the appropriate DOB Borough Office.
New Abatement Requirements
New rules related to the filing requirements of asbestos abatement documents are now in effect.
The Department of Environmental Protection has created an online database that enables the electronic preparation of DEP's asbestos abatement form (ACP7).
View the
Presentation on the new requirements
Read the Press Release from the program launch
Additional information is available at the Department of Environmental Protection.
Guide to the New Asbestos Requirements
Download our guide to learn more about the new laws and rules regarding asbestos abatement in New York City.
View Frequently Asked Questions about Asbestos Technical Review
Learn more about the New Application Requirements