The Role of Asbestos Inspections in Construction Safety: Don't Miss the Asbestos Inspection Panel at PACNY's Environmental Conference!

In the construction world, one of the most pressing concerns for worker safety is the potential asbestos exposure.  This hazardous material, once commonly used in various building materials for its fire-resistant and other properties, has been linked to serious health risks, including lung cancer, asbestosis, and mesothelioma.  Asbestos exposure remains a significant threat, especially in older buildings undergoing renovation or demolition.  The Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) have set strict guidelines to minimize this danger, but compliance hinges on one key factor: thorough and accurate asbestos inspections.

To explore the intricacies of asbestos inspections, Angelo Garcia, III of Future Environment Designs, Inc., will be moderating a distinguished panel at PACNY's 2025 Environmental Conference on Thursday, February 27, 2025. The panel will dive deep into the importance and differences in asbestos inspections from various perspectives. This includes Tom Laubenthal of TGL Consulting and ASTM E2356 Chairman, who will discuss the ASTM asbestos inspection standard, Chris Alonge now with Dormitory Authority of the State of New York (DASNY) who will provide insights from an owner's perspective, Marc Rutstein from Environmental Consulting & Management Services, who will offer a consultant's viewpoint and highlight the differences between NYCDEP and NYSDOL inspections, and Matt Brooks from International Asbestos Removal (IAR), who will speak on the contractor’s perspective.

Asbestos pipe insulation with fitting insulation

Asbestos inspections play a vital role in identifying materials that may contain asbestos before they are disturbed. This proactive approach not only prevents worker exposure but also ensures that proper abatement procedures are followed. A well-executed asbestos inspection is the first line of defense against the release of airborne asbestos fibers, which can be deadly when inhaled.

Understanding the Importance of Homogeneous Areas

At the heart of every asbestos inspection is the process of determining whether a material is classified as a surfacing material, thermal system insulation, or miscellaneous material.  Once the material type is identified, the inspector must establish whether the materials are homogeneous.  According to the EPA’s Asbestos Hazard Emergency Response Act (AHERA), a homogeneous area is defined as one where the material is uniform in color and texture.  

Floor tiles and numerous homogeneous areas

However, that is not the only definition of homogeneous area/material.  For example, the American Society for Testing and Materials (ASTM) has established a Standard Practice for Comprehensive Asbestos Surveys (ASTM E2356-18) in this standard the definition of homogeneous area is surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture and apparent or known date of installation. The other definitions that are used by inspectors also include some reference to installation or formulation in addition to color and texture.  This classification is crucial because it informs the number of samples that must be taken to accurately assess the presence of asbestos.

Sampling Procedures: The Foundation of a Successful Inspection

For surfacing materials, the size of the homogeneous area directly influences the number of samples needed. Under the EPA’s guidelines, inspectors follow the “3-5-7 rule.” This means that three samples are required for areas smaller than 1,000 square feet, five samples for areas between 1,000 and 5,000 square feet, and seven samples for areas larger than 5,000 square feet. Additionally, the EPA’s “Pink Book,” formally known as Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials, recommends taking nine samples per homogeneous area, regardless of the square footage, for increased accuracy.

Asbestos Fireproofing

For thermal system insulation, the process differs slightly. Inspectors must determine if the material is homogeneous, patch material, or material used on fittings like elbows and valves. Homogeneous areas of thermal system insulation require three samples, while patch materials smaller than six linear or square feet only need one sample (the only time one sample is allowed). Cement or plaster used on fittings must be sampled based on the specific mechanical system in question, and a minimum of two samples is required for each system. However, the EPA in A Guide to Performing Reinspections Under AHERA strongly advises taking at least three samples in larger homogeneous areas, even if regulations don't mandate it.

For materials such as joint compound and add-on materials, however, the EPA’s “Asbestos Sampling Bulletin dated September 30, 1994” specifies that three samples are required for each material. These distinctions are critical for asbestos inspectors to ensure compliance and accuracy in their assessments (see our original blog post on asbestos surveys).

In May 2007, the EPA provided important clarification on sampling requirements.  Mr. Chris Alonge, at the time, was working for New York State Department of Labor (NYSDOL) and he requested clarification regarding the number of samples that should be taken for each suspect asbestos-containing homogeneous miscellaneous material.  The clarification was distributed by the Professional Abatement Contractors of New York (PACNY) in November 2007. According to this clarification, the minimum number of samples that should be taken of miscellaneous materials (i.e., floor tiles, roofing, caulk, ceiling tiles) is two (see our original blog post on this issue).

Respirator and protective clothing should be worn by the inspector during sampling

Following proper sampling protocols is crucial because asbestos is considered present if any one of the samples from a homogeneous area contains more than 1% asbestos. Conversely, if all samples return asbestos concentrations at or below 1%, the area is deemed asbestos-free—though it’s important to remember that materials containing 1% or less of asbestos are still regulated under OSHA’s asbestos standard (see the Varga letter).

The Legal and Health Implications of Incomplete Inspections

Inadequate or incorrect asbestos inspections can have severe consequences.  From a legal standpoint, failing to adhere to EPA and OSHA regulations can result in hefty fines and penalties.  Remember neither regulation has a specific end date for buildings not containing asbestos (see our post Is There an Appropriate End Date for Asbestos Use?).  More importantly, from a health perspective, improperly identifying or failing to identify asbestos-containing materials (ACMs) can expose construction workers to dangerous fibers, leading to long-term health problems.  Given that asbestos-related diseases may take decades to develop, the human cost of negligent inspections can be devastating.

The closet door with asbestos core was cut without any precautions costing over $30,000 to clean up the contamination.

Mr. Tom Laubenthal wrote EPA in November 2014 regarding The Standard Practice for Comprehensive Asbestos Surveys (ASTM E2356-18) Pre-Construction Survey (section 8 of the standard) meeting the requirement under National Emissions Standards of Hazardous Air Pollutants (NESHAPS) of a thorough inspection.  EPA responded that they would expect an owner/operator to follow the steps in Sections 1 through 5 and Section 8 to comply with the NESHAPS regulation. This standard provides a framework for conducting thorough asbestos inspections, particularly in pre-construction scenarios, ensuring that no asbestos-containing material goes unnoticed.

Conclusion: The Essential Role of Inspections

Asbestos inspections are the cornerstone of any effort to protect workers from exposure to this hazardous material. By adhering to the EPA’s and OSHA’s strict sampling and inspection guidelines, inspectors can identify asbestos-containing materials before they are disturbed, reducing the risk of airborne fibers and subsequent health issues. Given the serious implications of asbestos exposure, thorough inspections are not just a regulatory requirement—they are a moral imperative in safeguarding the health and well-being of workers.

Asbestos Floor Tiles disturbed before identification led to a clean-up costing over $250,000

In the end, the responsibility lies with all stakeholders—building owners, contractors, and asbestos inspectors alike—to ensure that every construction or renovation project is free from asbestos hazards. As inspectors, staying current on regulations, maintaining rigorous sampling standards, and educating clients on the risks and regulations associated with asbestos are critical components in this ongoing battle against a deadly substance.

The asbestos inspection panel promises to be an invaluable session for professionals across the construction, consulting, and regulatory industries. With these diverse viewpoints, we aim to shed light on the critical role inspections play in protecting workers and ensuring compliance with ever-evolving asbestos regulations.  Asbestos inspections are not just about checking boxes—they are about saving lives.

OSHA 2024 Reporting Requirements and 2025 Penalty Adjustments: Key Compliance Guidelines for Employers

As we enter 2025, it’s time to once again focus on an important requirement from the Occupational Safety and Health Administration (OSHA).  Employers with 10 or more employees are required to post the OSHA 300A form from February 1 to April 30, 2025.  This annual posting ensures transparency in workplace injury and illness data for the previous year.  In addition, many employers must electronically submit the OSHA 300A data by March 2, 2025.

OSHA 300A Form

The OSHA 300A form is a summary of the injury and illness information that was recorded in the OSHA 300 log throughout the past year (2024). It plays a key role in workplace safety, helping employers analyze and reduce hazards in their operations. It’s important to remember that COVID-19 is considered a recordable and reportable illness if it is confirmed, work-related, and results in days away from work. In these cases, it would be logged as a respiratory illness. However, if an employee requests that their name not appear on the log for privacy reasons, employers must comply as per 29 CFR 1904.29(b)(7)(vi) and treat it as a privacy case.

OSHA 300 must be filled out as the year progresses

If you need guidance in completing the OSHA 300A form, we’ve got resources to help you out. We partnered with Keevily Spero & Whitelaw to create a webinar that walks you through the steps for both the OSHA 300 and 300A forms. You can find the webinar on our YouTube Channel or watch the video below.  Remember, covered employers are required to maintain accurate records of serious occupational injuries and illnesses and tally the totals at the end of each year for the OSHA 300A form. The data should be used by employers to evaluate workplace safety and make improvements to reduce risks.  Keep in mind that the OSHA 300A form must be posted until April 30, 2024, and retained for five years.  During this time, employers are also required to update the log as new information becomes available.

Electronic Submissions – March 2, 2025, Deadline

OSHA’s final rule, which took effect on January 1, 2017, requires certain employers to submit injury and illness data electronically.  OSHA has provided a secure website for submitting this data. If you are required to submit your OSHA 300A information, be aware that there’s a login procedure that took effect in October 2022.  Hopefully, you've handled this process previously.  The OSHA Injury Tracking Application (ITA) helps to determine if your establishment is required to electronically submit 300A and 300/301 data through the ITA.  You can watch a tutorial video on how to use the ITA to submit your data.  Submissions must be completed by March 2, 2025, and OSHA began collecting data starting January 2, 2025.

You must submit 300A data if your establishment meets one of the following requirements: 

1. 250 or more employees and is not in an industry listed in the exempt industries list in Appendix A to Subpart B of OSHA’s recordkeeping regulation of 29 CFR Part 1904, or 
2. 20-249 employees and is in an industry listed in Appendix A to Subpart E of 29 CFR Part 1904.

YOU MUST also submit 300/301 data if your establishment(s) has 100 or more employees and is in an industry listed in Appendix B to Subpart E of 29 CFR Part 1904.  What does this mean for our industry?  If you are in the industry of Architectural, Engineering, and Related Services you are exempt.  However, for Construction, Remediation, or Waste Management Services that meet the size requirements (20 to 249 employees), you are required to submit your OSHA 300A information electronically.

Ensure you’re compliant with OSHA’s posting and reporting requirements; if you need any assistance or clarification, don’t hesitate to reach out. We’re here to help!

Construction Site

2025 OSHA Penalty Updates What You Need to Know

In 2025, OSHA updated the penalty structure as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Each year, OSHA adjusts civil penalty amounts to account for inflation, ensuring penalties maintain their deterrent effect and reflect current economic conditions. This year is no different, with the penalty adjustments now updated for 2025 based on the latest inflation data.

Purpose of the Update

The information contained in this update supplements OSHA’s existing penalties and debt collection guidelines, which can be found in Chapter 6 of the Field Operations Manual (FOM). The updated tables provided in this memorandum reflect the penalty amounts for the calendar year 2025, corresponding to adjusted figures in OSHA Information Systems (OIS). These annual adjustments allow employers and safety professionals to access the most current penalty information and ensure compliance with OSHA regulations.

Background

This annual update follows the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which was enacted on November 2, 2015. This act builds upon the original Inflation Adjustment Act of 1990 and the 1996 Debt Collection Improvement Act to strengthen the impact of civil monetary penalties. The Inflation Adjustment Act requires two key actions by regulatory agencies:

1. Perform a "catch-up" adjustment of civil penalties (completed through an interim final rule in 2016), and
2. Implement subsequent annual adjustments for inflation by January 15 of each year.

For 2025, the cost-of-living adjustment multiplier is 1.02598, based on the Consumer Price Index for All Urban Consumers from October 2024. This multiplier is applied to the previous year's penalty amounts and rounded to the nearest dollar. The adjustment ensures that both minimum and maximum penalties set forth under the Occupational Safety and Health Act (OSHA) and the Field Operations Manual (FOM) remain consistent with inflation.

Minimum and Maximum Penalty Amounts for 2025

To give you a clearer picture, Table 1 outlines the updated penalty amounts for various types of violations:

Type of Violation	Penalty Minimum	Penalty Maximum
Serious	$1,221 per violation	$16,550 per violation
Other-Than-Serious	$0 per violation	$16,550 per violation
Willful or Repeated	$11,823 per violation	$165,514 per violation
Posting Requirements	$0 per violation	$16,550 per violation
Failure to Abate	N/A	$16,550 per day beyond the abatement date (up to 30 days max)

Note: For repeated other-than-serious violations, the penalty starts at $472 for the first repeat offense, increasing to $1,182 for the second and $2,364 for a third repetition.

Gravity-Based Penalty (GBP) System

The Gravity-Based Penalty (GBP) is used to determine the severity of violations and assess penalties accordingly. The gravity of a violation is categorized into high, moderate, or low based on the risk it presents:

• High Gravity: $16,550 penalty
• Moderate Gravity: Penalties range from $9,457 to $14,187
• Low Gravity: $7,093 penalty

For serious violations, the GBP is determined by a combination of severity and probability, as shown in Table 2:

Severity	Probability	GBP	Gravity	OIS/GRAVITY Code
High	Greater	$16,550	High	10
Medium	Greater	$14,187	Moderate	5
Low	Greater	$11,823	Moderate	5
High	Lesser	$11,823	Moderate	5
Medium	Lesser	$9,457	Moderate	5
Low	Lesser	$7,093	Low	1

For other-than-serious violations, only minimal severity is assigned. However, if the Area Director determines a higher penalty is necessary for deterrence, the maximum penalty of $16,550 may be applied.

Serious Willful Penalty Reductions

When calculating penalties for serious willful violations, employers may be eligible for penalty reductions based on the size of their workforce. The reductions are shown in Table 3 below:

Number of Employees	Percent Reduction
10 or fewer	80%
11-20	60%
21-30	50%
31-40	40%
41-50	30%
51-100	20%
101-250	10%
251 or more	0%

These reductions are applied after considering other factors such as the company’s history of violations and overall safety performance.

Final Thoughts

As OSHA updates penalties each year to keep pace with inflation, employers must remain informed and compliant. These adjustments not only ensure that penalties maintain their deterrent effect but also encourage safer workplace practices. Staying on top of OSHA’s evolving regulations and penalty structures is essential for companies operating in high-risk industries.

If you have questions about these updates or need assistance navigating OSHA’s penalty framework, feel free to reach out for further guidance.

Future Environment Designs wishes all of you a Merry Holidays and a Happy New Year! EPA delivers an early holiday present!

As we say goodbye to 2024 and welcome 2025, we reflect on 2024 and how it has changed us.  2024 has been a good year for Future Environment Designs which helps to keep the business viable as we enter our 37th year in business. We are still working on a balance between the company and our personal life. Which at times can be so entertwined.

PACNY's Holiday Meeting at Skaneateles, NY 

Future Environment Designs is looking forward to 2025 as many of our clients have asked for initial courses in the coming year and we look forward to assisting them with their needs.  We will continue to service the other areas of the State (such as Plattsburgh, Rochester, Syracuse, Hudson Valley, and Buffalo) looking for quality training.  Thank you to all our clients for helping us maintain a 4.8 rating out of 5 for another year! Your positive feedback means a lot to us. If you'd like to share your experience, please visit our course reviews at CourseCheck.  We look forward to continuing our work on the Professional Abatement Contractors of New York (PACNY) Board of Directors (if reelected), event, and communications committees.  In addition, some indoor air quality consulting work has also come through the door for the New Year we look forward to meeting those needs, too.  

Anthony's Restaurant in Plattsburgh, NY

On a more global note, the Environmental Protection Agency (EPA) announced on December 3, 2024, that it has determined that disturbing and handling asbestos associated with legacy uses, and asbestos as a chemical substance, poses an unreasonable risk to human health.  EPA's Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos - Part 2 of the Risk Evaluation for Asbestos, EPA considered chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, actinolite, and Libby Amphibole Asbestos (and its tremolite, winchite, and richterite constituents).  EPA considers this expansion to be consistent with the focus of Part 2 of the Risk Evaluation for Asbestos on legacy uses and associated disposals.  Additionally, the EPA assessed the relevant conditions for the use of asbestos-containing talc because talc has been implicated as a potential source of asbestos exposure.

Rockefeller Centre, NYC

It will be interesting moving forward since this announcement means rules or regulations must be promulgated to mediate the risk.  Especially with a new administration that is looking to reduce regulation.  It will be interesting to see if we get another SNUR.  See our post on the SNUR.  Several items we hope will be addressed:

• a National Aggressive TEM Clearance requirement for all-size asbestos projects.  Read my post regarding clearance.
• a reduction of the exposure limit for all asbestos workers.  Remember EPA in Part One set an exposure limit of 0.005 f/cc for chlor-alkali workers.  Read my post regarding Part One. 
• in addition, a plan to replace phase contrast microscopy with a better method for evaluating worker exposures.
• Getting rid of the greater than 1% rule for asbestos-containing materials (ACM).  Changing it to any percentage even trace amounts would eliminate some confusion between EPA and OSHA regulations.
• Coming up with a method for handling Libby-Amphibole Asbestos.

Bergdorf Goodman, NYC

On a personal note, we will miss our youngest sister Dr. Melissa Garcia who passed on in May. This has altered our view of things a bit. How short life is and the time we have on this planet can end at any time. Specifically, most will not see much of a difference because we have always been a positive (glass half-full) person. Though we're starting to feel our age.  Our worries and cares are very different now and going forward.

Bryant Park, NYC

We look forward to seeing many of you in 2025 as we continue our journey together!

Conference Season Starts in 3 Months Save the Date: PACNY 2025 Environmental Conference & EIA 2025 National Conference

With the end of 2024 fast approaching, we are looking ahead to 2025, we are excited to announce the dates for the Professional Abatement Contractors of New York's (PACNY's) 2025 Environmental Conference, taking place on Thursday, February 27th, and Friday, February 28th, 2025, being held at Turning Stone Resort and Casino in Verona, New York.  This is your chance to participate in the most educational and informative environmental abatement conference in New York State, known for delivering critical insights on the industry’s evolving challenges.

Long Island Attendees of the 2024 PACNY Conference

This year’s PACNY Conference will feature multiple simultaneous sessions to cover a wide range of topics relevant to abatement and environmental professionals.  We are bringing in exciting speakers to address pressing issues facing businesses connected to environmental management today. Some of the speakers already committed include Tom Laubenthal, of TGL Consulting, Inc.; Chris Alonge, PE, of Dormitory Authority of the State of NewYork (DASNY); J. Brent Kynoch, of the Environmmental Information Association (EIA); Dr. David Duoford, CIH, CSP, CHMM, of CanAm Environmental Safety; and Marc Rutstein, of Environmental Consulting & Management Services, Inc.  Whether you’re dealing with asbestos, mold, lead-based paint, or general regulatory compliance, there will be sessions tailored to meet your needs.

Meet the NYSDOL regulators at the PACNY Environmental Conference

For PACNY's sponsors, this is a unique opportunity to engage with over 200 attendees from across the abatement industry. With networking events built into the schedule, you’ll have the perfect chance to introduce your products and services to a captive audience of professionals eager to learn about the latest innovations in the field.

The PACNY Conference Sponsors in the Exhibition Hall

EIA National Conference & Exhibition

And don't forget, right on the heels of the PACNY event, the EIA 2025 National Conference & Exhibition will be held March 9-12, 2025 at the Hyatt Regency in Jacksonville, Florida. Over the past 40 years, the EIA has solidified its reputation as a gathering place for the best minds in asbestos management, mold remediation, environmental sampling, indoor air quality, and environmental management systems.

Part of the New York Contigent at EIA

The EIA 2025 conference offers an unmatched platform for industry experts to exchange ideas, build connections, and explore the most cutting-edge solutions to today’s environmental challenges. Sessions will cover everything from regulatory compliance to cost-effective remediation strategies, providing valuable takeaways for attendees from all sectors.

Not all work at EIA

As with PACNY, the EIA 2025 National Conference presents excellent opportunities for businesses to maximize their visibility. Whether through an exhibit booth, sponsorship, or advertisement, you’ll have the chance to showcase your offerings to a broad audience of decision-makers. Don't miss out—take advantage of the special EIA room rate of $239, available until February 21!

Seen during EIA's Women's Committee Social

Mark your calendars and prepare for a dynamic year of learning, networking, and opportunity at both the PACNY and EIA 2025 events. We look forward to seeing you there!

Angelo Garcia, III's presentation at the EIA 2024 National Conference in San Diego, CA.

Future Environment Designs Celebrating 36 Years in Business: A Journey of Growth, Dedication, and Innovation

As we mark the 36th anniversary of Future Environment Designs, Inc., we find ourselves reflecting on the incredible journey that brought us here.  It’s been a ride filled with countless milestones, hard-earned lessons, and the unrelenting pursuit of excellence.  From our humble beginnings in 1988 to where we stand today, one thing has remained constant: our commitment to protecting your employee's health and safety while delivering top-notch occupational safety and health training and indoor air quality consulting services.

Keeping Employees Safe is part of our business and our motto!

Building a Legacy Through Expertise and Dedication

In the beginning, like most small businesses, we faced our share of challenges.  Navigating a highly regulated industry, gaining the trust of clients, and keeping up with rapidly changing indoor environmental and occupational safety and health standards were no easy tasks. But what set us apart from day one was our dedication to truly understanding the intricacies of the environmental and occupational health and safety field. Whether it was asbestos abatement, mold remediation, managing indoor air quality, or lead hazard control, we immersed ourselves in the details—so that our clients didn’t have to.

Speaking at PACNY!

Our expertise and relentless pursuit of staying ahead in the industry have been the foundation of our success.  Over the years, we have expanded our services, invested in new technologies, and continuously improved our training programs to better serve our clients and partners. This journey of continuous growth allowed us to build long-standing relationships with clients who trust us to handle their most complex indoor air quality and occupational safety and health challenges.

A Focus on Innovation and Adaptability

The occupational health and safety industry is not one that stands still. Regulations change, technology evolves, and the needs of clients shift. Over the last three and a half decades, we’ve prided ourselves on being ahead of the curve. From adapting to new asbestos and mold regulations to embracing the digital transformation in project management and compliance, innovation has been at the core of everything we do.

Speaking at EIA

We’ve taken our knowledge beyond the office and into the field, teaching and training the next generation of environmental health and occupational safety and health professionals. Our training programs have evolved over the years to meet the demands of an ever-changing regulatory landscape, helping hundreds of professionals stay compliant and safe.

The Value of Relationships and Trust

Being in business for 36 years also means we’ve had the privilege of forming deep, lasting relationships with our clients, partners, and team members.  Trust is a word we never take lightly, and earning that trust has been paramount to our success.  Whether it’s a new client who needs guidance through a complex abatement project or a returning partner who knows they can rely on us for expert advice, we’ve always approached each project with the same level of commitment and integrity.

PSEG a long time client

BNL a long time client

To our clients—some of whom have been with us since our early years—thank you for putting your trust in us time and time again.  It is your faith in our ability to deliver results that has allowed us to grow and thrive in this industry.

Looking Ahead to the Future

As we look to the future, we are more excited than ever about the possibilities that lie ahead. The challenges we face today, from climate change to emerging contaminants like PFAS, demand new levels of expertise, innovation, and collaboration.  We are ready to meet these challenges head-on, continuing to evolve (see our updated website) and adapt (changes to the virtual training process) just as we have for the past 36 years.

Updated Website

Our vision remains the same: to protect people, property, and the environment through high-quality consulting, training, and project management services. As we step into our next chapter, we will continue to push boundaries, embrace change, and lead with integrity ("Fallacy of Clearance Air Sampling")—just as we’ve done since 1988.

Fallacy of Clearance Air Sampling at EIA

Thank you to everyone who has been part of this incredible journey. Here’s to the next 36 years of innovation, leadership, and success!

Proposed Changes to Title 15 by NYC Department of Environmental Protection: A Summary

The New York City Department of Environmental Protection (NYC DEP) has introduced proposed amendments to Chapter 1 of Title 15 of the Rules of the City of New York, aimed at clarifying procedures, improving safety standards, and addressing issues raised by the regulated community. NYC DEP is holding a public hearing on the proposed rule.  The hearing will take place on September 25, 2024 at 11:00 AM.  The hearing will be conducted by video conference (click here for more information).  These changes focus primarily on asbestos control and are designed to streamline processes and address specific concerns about project management, record-keeping, and compliance (or in other words where the regulated community has beaten NYC DEP at the NYC Office of Administrative Tribunals and Hearings (OATH)). Below is a summary of the most significant proposed changes:

State-Certified Asbestos Inspector must be supervised by physically present CAIs

---

Key Definitions and Clarifications

• ARTS E-File: This web-based system is used by applicants to submit and manage asbestos project notifications, variances, permits, and related documents (including amending these documents). The definition has been clarified to reflect its role in the filing process.
• Asbestos Assessment Report: The "Form ACP-5" now has a clearer definition, ensuring that asbestos investigators accurately report the presence (or absence) of asbestos-containing materials (ACM) even if those materials will not be disturbed by construction activity.
• Physically Present: A new definition specifying that an individual, such as a certified asbestos investigator (CAI), must be physically on-site during asbestos surveys or project oversight. Virtual supervision is not permitted.

Variance Applications and Procedures

• The NYC DEP is proposing updates to how variance applications are handled, particularly for projects involving Section 1-22(b), which requires certification by the NYC Department of Buildings (DOB). New procedures ensure that work cannot start without the NYC DEP’s approval, preventing confusion and improving coordination between variance and non-variance work.  In addition, it creates a Form V2 and Form V5 both forms are required to be posted at the workplace.
• A new fee category has been created for variance applications related to notifications, permits, and recordkeeping, addressing a previous gap in the rules.

Transition to Digital Certificates

• The NYC DEP is preparing for a shift from plastic certificates to digital or electronic alternatives. These certificates will be issued to asbestos investigators, contractors, and workers, making the process more efficient and environmentally friendly.

On-Site Presence, Supervision, and Recordkeeping for CAIs

• Certified asbestos investigators (CAIs) must now be physically present while non-CAI assistants perform survey work.  Not only present but must be there for the duration of the survey. It has always been NYC DEP's intent that CAI be present onsite during the asbestos survey.  This just makes even more clear, that supervision cannot be from a distance or virtually.
• The rules clarify that both CAIs and State-certified asbestos inspectors can perform bulk sampling, provided that a CAI is physically present to supervise. 
• Recordkeeping clarifications that each requirement for recordkeeping must be satisfied independently.  In addition, the removal of "written description" from blueprint, diagram, or drawing section.  The addition, to this section exact location and type of material where bulk samples were collected or assumed to be ACM.  The survey report must now include the scope of work and information regarding non-certified individuals, along with a description of the activities they engaged in.  Chain of custodies must be prepared in accordance with Environmental Protection Agency (EPA) recording requirements (QA Handbook Volume II Section 8.00).

EPA Chain of Custody

Work Place Safety Plan (WPSP) Updates

• Proposed updates to the Work Place Safety Plan (WPSP) removing the requirement to list non-asbestos contractors and introduce a new requirement: an Occupant Protection Plan. This plan is required if the asbestos project is being performed in a building where both asbestos abatement workers and non-asbestos abatement workers are working at any time during the permitted project.

Record-Keeping and Inspection Procedures

• Clarifications have been made to improve how final inspection and other records are stored, with a specific focus on protecting records from water damage. Contractors, Design professionals, etc. must now report any damage to DEP, ensuring that vital documentation is preserved.

Air Monitoring and Abatement Requirements

• A new section has been added to prohibit abatement work from being performed without air monitoring, reinforcing safety measures to protect both workers and building occupants.  The air monitor must be physically present at the workplace and air monitoring is being conducted.
• New air monitoring requirement for areas where a negative air duct has become damaged.
• Visual inspection prior to clearance must be documented in the project air sampling log, along with the inspection required for the A-TR1 final inspection report.
• Abrasive removal methods, including the use of grinder and beadblasters, are prohibited.

Emergency Projects and Variances

• Emergency asbestos removal projects may now be exempt from certain requirements, streamlining the process to address hazardous situations more efficiently.
• Clarification of what must be filed with the emergency notification.

Project Closeout and Final Forms

• The ACP15 and A-TR1 forms must be submitted to DEP within 21 days of project completion. Failure to comply may result in suspension of a contractor or air monitor's ARTS E-File account. This aims to ensure timely submission and project closeout, reducing delays.

---

Conclusion

The some of the proposed changes to Title 15 are a step toward increasing safety, clarity, and efficiency in asbestos project management in New York City.  With these amendments, NYC DEP is addressing issues brought up by the regulated community, improving procedural transparency (in other words, closing loopholes), and paving the way for digital record-keeping and certification. 

Some of these updates highlight a commitment to worker and occupant safety, streamlined compliance processes, and clearer guidelines for asbestos professionals.  However, no changes to the air sampling requirements show that they are still in the dark ages for the need to switch to electron microscopic analysis of air samples for clearance.