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