Agency: DEP
Link to NYC Rules Site
Effective date: February 14, 2025
Proposed Rule Full Text
Asbestos-Rules-2024-for-Public-Hearing.pdf
Adopted Rule Full Text
Asbestos-Amendments-2025-FINAL.pdf
Adopted rule summary:
The Department of Environmental Protection (“DEP”) is adopting a rule amending its asbestos control program rules to update and clarify various provisions.
Section 1-108(f) would be amended to clarify that abrasive methods of removal are not permitted during flooring abatements. Purpose: To clarify permitted floor removal techniques.
(Concern/comment regarding feasibility) – DEP should be aware that not permitting VAT mastic grinding within an asbestos containment could potentially result in exposure of new flooring installation workers to asbestos fibers and/or other environmental health and safety risks related to the following considerations. In addition, NYSDOL currently permits wet method grinding.
– 100% ACM mastic removal is not guaranteed unless grinding of the concrete floor slab is performed to remove the top surface layer of concrete. Specifically, use of alternative methods such as chemical stripping and/or manual scraping typically only achieve 99% removal, where there is still trace leftover mastic. Since certain types of new flooring require a 100% clean ground down condition for adhesion (no faint black mastic lines remaining), new flooring crews may be forced to grind down the slab themselves outside of containment which could result in release of trace asbestos fibers as well as Silica dust. From an overall project health and safety perspective, it is highly preferred to perform grinding/shot blasting within the asbestos negative air containment with workers wearing PPE.
– Due to chemical odors, use of chemical stripping is typically not permitted in health care and/or school buildings. Non-toxic “green” chemicals are not always effective ACM mastic removal. For this reason, in addition to not achieving 100% mastic removal required for many types of new flooring, the chemical stripping method has limitations.
NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF ADOPTION OF FINAL RULE
Notice is hereby given pursuant to the authority vested in the Commissioner of the Department
of Environmental Protection (“DEP” or “Department”) by Section 1043 of the City Charter and
Section 24-105 of the Administrative Code, that DEP has promulgated and adopted
amendments to its asbestos control program rules to update and clarify various provisions.
Statement of Basis and Purpose
The rule amends Chapter 1 of Title 15 of the Rules of the City of New York as follows:
https://rules.cityofnewyork.us/rule/asbestos-rules-amendments/
NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF ADOPTION OF FINAL RULE
Notice is hereby given pursuant to the authority vested in the Commissioner of the Department of Environmental Protection (“DEP” or “Department”) by Section 1043 of the City Charter and Section 24-105 of the Administrative Code, that DEP has promulgated and adopted amendments to its asbestos control program rules to update and clarify various provisions.
Statement of Basis and Purpose. The rule amends Chapter 1 of Title 15 of the Rules of the City of New York as follows:
- 1-02 Definitions.
Abatement. “Abatement” shall mean any and all procedures physically taken to control fiber release from asbestos-containing materials. This includes removal, encapsulation, enclosure, cleanup and repair.
Disturb. “Disturb” shall mean any [action taken which may alter, change, or stir, or repair of asbestos-containing material.
Activity that disrupts, impregnates, or strips the matrix of ACM or PACM, or that generates debris, visible emissions, or airborne asbestos fibers from ACM or PACM.
Encapsulation. “Encapsulation” shall mean the coating or spraying of asbestos containing 56-8.7 Encapsulation Procedures. All material used for repair or encapsulation of asbestos material shall have a flame spread rating, fireproofing and smoke characteristics similar to the material being repaired or encapsulated.
The encapsulant shall not alter the insulating characteristics of the material subject to encapsulation, and the encapsulant shall not add excess weight to the material increasing the potential that the material may delaminate from itself (cohesion failure), or from its substrate (adhesion failure). Encapsulation of asbestos material shall be conducted in accordance with the following:
(a) Regulated Abatement Work Area Preparation. The regulated abatement work area shall be pre-cleaned, isolated and negative air established in accordance with Subpart 56-7 of this Part.
(b) Repair Materials. Damaged and missing areas of existing materials shall be repaired with non-asbestos material. The material shall adhere to existing surfaces and provide a base for application of encapsulating agents.
(c) Asbestos Material Removal. Loose or hanging ACM, PACM or asbestos material shall be removed in accordance with the requirements of Section 8.4 of this Subpart.
(d) Testing of Encapsulants. Encapsulants shall be field tested prior to use by applying each to a small area to determine suitability for the material to be encapsulated. Testing shall be conducted only after the isolation barriers are in place and negative air has been established.
(e) Bridging Encapsulants.
(1) Thickness Requirements. Bridging encapsulants shall be applied to provide the manufacturer’s specified minimum dry-film thickness over sprayed asbestos surfaces material with an encapsulant.
Encapsulant Solvent or Vehicle. The encapsulant solvent or vehicle shall not be or contain a volatile material. It shall not release hazardous air pollutants, as defined by NYS DEC 6 NYCRR 200.1(ag), into the air when applied or during curing.
Encapsulant Fire-Resistance Properties. If the asbestos material has been used for fire retardation or protection of structural members or both, the encapsulant material used shall have a flame spread rating, fireproofing and smoke characteristics similar to the material being repaired or encapsulated.
FAQs
What is asbestos abatement?
Asbestos abatement refers to the procedures taken to control the release of fibers from asbestos-containing materials. This includes removal, encapsulation, and cleanup, ensuring safety during the process.
What is encapsulation in asbestos abatement?
Encapsulation involves coating or spraying asbestos-containing materials with a substance that prevents the release of fibers. This is typically done when removal is not possible or practical.
What is the difference between removal and encapsulation of asbestos?
Bridging encapsulants are a type of encapsulant used to cover asbestos surfaces. They must be applied in a specific thickness to ensure they effectively contain asbestos fibers without compromising the material’s structural integrity.
Are encapsulants effective for asbestos found in flooring?
Yes, encapsulants are highly effective for asbestos-containing floor materials. By sealing the asbestos, encapsulation prevents any fiber release, allowing for new flooring to be installed without the need for risky and costly removal. This is particularly helpful for areas where removal isn’t required by regulation.
Can encapsulants provide a safer environment compared to removing asbestos?
Yes, encapsulants are designed to trap asbestos fibers inside the material, preventing them from being released into the air. This significantly reduces the health risks for workers and occupants, unlike removal, which can expose workers to asbestos fibers.
