Memo clarifying enforcement policy for abating normally non-friable asbestos in single and two-family homes.
NYC-WTC_000153177–000153183
OCR status: ok · source: pdftotext
NYC 9/11 Public Portal Document
The City of New York Department of Environmental Protection JOEL A. MIELE, SR., P.E., Commissioner ROBERT C. AVALTRONI _ Deputy Commissioner
C PHONE (718) 595-1418 Bureau of FAX (718) 595-4422 Air, Noise, & Hazardous www.ci.nyc.ny.us/dep Materials
To: Commissioner Joel A. Miele Sr., P.E.
From: Robert C. Avaltroni '
Date: February 1, 1999
Subject; Abatement of normally non-ffiable asbestos containing materials
As discussed in the recent meeting regarding the above referenced subject, the Asbestos and Lead Control Program (ALCP) has completed the review of the ACP5 notifications and has found that none of the ACP5 filed pursuant to regulatory interpretation 1-87 were filed for single or two family homes.
Although Title 15, Chapter 1 of the RCNY applies to all facilities, the ALCP enforcement policy focuses on remedial action at single and two family homes rather than the issuance ( of violations against the property owner.
The major concern with the current policy is the confusion expressed by the regulated community regarding the proper handling of asbestos containing roofing material, floor tiles, shingles, and transite siding. Regulatory Interpretation Memorandum 1-87, issued on May 14, 1987, permitted the filing of an ACP5- “Not an Asbestos Project”, notification for the removal of these materials provided they are removed in such a manner that the material is not rendered friable during the course of abatement. However, Title 15, Chapter 1 of the RCNY does not require the filing of an ACP5 with the Department. Portions of the regulated community (majority are public facilities) are filing ACP7, “Asbestos Project” notification for these materials. At present the use of the New York State DOL applicable variances and filing an ACP5 is also considered acceptable for these materials.
The policy proposed in the recent meeting would protect the public, provide for better tracking of these projects by the ALCP, and clarify the handling requirements for these materials. After your approval, the ALCP plans to request comments from individuals on the ALCP mailing list prior to implementation.
59-17 Junction Boulevard, 11th Floor, Corona, New York 11368-5107
NYC-WTC_000153177
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