The Real Estate Board of New York to The New York City Department of Environmental Protection’s Draft Rules on Asbestos Abatement

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We appreciate the opportunity to submit comments on proposed rule changes related to asbestos abatement.

REBNY appreciates and understand the need to amend and clarify asbestos abatement procedures to maximize safety for workers, future building occupants, and others. However, the proposed rule could be improved by providing greater clarity in certain places to ensure any changes have clear safety-enhancing benefits. Specific comments are below:

The provisions outlined in Section 4 (i) on variance submissions may lead to pauses in work that are dependent on DEP lead times without improving safety. DOB-approved work, as denoted on ACP5’s, can generally be completed while variance submissions are pending review, without any detrimental impacts. More guidance on how the initial DOB filing could be structured to allow for concurrent construction would improve the proposal.

Sections 8 (2)/Section 21 (d) of the proposal outline a requirement that a Certified Asbestos Investigator be physically present for the duration of survey and sample processes. Requiring a certified professional to be continuously physically present will add cost that we do not believe is necessary to ensure that survey and sample work is completed properly.

Section 19 1-32 would require that an air monitoring technician be physically present for all abatement activities. This requirement will add cost to projects without necessarily improving safety as air monitoring can be conducted without a technician present at all times. In addition, if this requirement is to be implemented, greater clarity on the meaning of “abatement activity” is necessary.

Section 10 (2) viii of the proposal should clarify whether the OPP must include signed/sealed drawings.

Section 34 (m) and Section 35 (h), the addition of a final inspection TR1 and proposed penalty, such as the suspension of ARTS if the contractor does not comply with the filing, may lead to unnecessary costs to owners.

REBNY and our members understand the absolute need for safety when it comes to asbestos abatement. Addressing the above comments will help ensure that our members and their consultants can safely implement and execute projects.