To Our Clients, Co-Counsel and Friends:
We write to provide you with an important update relating to the New York City Department of Environmental Protection (the “DEP”) filing procedures for complex asbestos abatement or alteration projects. On June 1, 2010 the DEP announced that abatement contractors may now apply for a variance from the DEP that would allow the New York City Department of  Buildings (the”DOB”) to issue a permit prior to completion of the abatement activities.

The DEP has recognized that requiring all asbestos abatement activities be completed at a job site before DOB can issue a permit for any related construction work  presents an undue hardship for complex and/or multi-phased projects. This new DEP variance is intended to allow flexible phasing of projects.

The DEP Asbestos Technical Review Unit, in consultation with the New York City Fire Department, will determine whether to grant or deny a variance application. In order to receive a variance you must complete the Asbestos Variance Application (ACP9) and comply with the following steps:

• 1. Obtain DOB Approval (Application for Construction Document Approval (PW1 Form));
• 2. Submit ACP7 and ACP9 Forms to DEP Asbestos Technical Review Unit;
• 3. Obtain DOB Permit (by way of submitting the Variance to DOB);
• 4. Abatement and DOB-permitted work commences (a party may not engage in asbestos abatement work and DOB permit work simultaneously in the same work area); and
• 5. DOB Permit Sign-Off (upon submission of all ACP20 and ACP21 forms, the DOB permit can be signed-off).

If you have any questions regarding this update, a particular building or a general construction issue, please do not hesitate to contact us