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”) Asbestos Rules as revised effective October 13, 2009. On June 23, 2010, the DEP announced that certain activities previously subject to asbestos sampling requirements are now exempt. The DEP has recognized that the October 2009 revisions created practical difficulties. Therefore the following activities no longer require an asbestos survey to be performed and filed prior to the issuance of a permit from the Department of Buildings and the commencement of work:

• 1. Awnings;
• 2. Cranes (not anchored to building/structure);
• 3. Emergency power not involving hard wiring (e.g. battery packs);
• 4. Exterior concrete work (except if waterproofing component is present);
• 5. Exterior scaffolding (not anchored to building/structure);
• 6. Exterior trenching and drainage;
• 7. Ground-mounted flagpoles;
• 8. New storefronts in existing masonry openings (no disturbance to existing building);
• 9. Radio antennas (towers, free standing);
• 10. Relocating parking lot sheds (free standing);
• 11. Replacing rooftop air conditioning unit (no modification of ductwork or disturbance of building);
• 12. Roadway asphalt;
• 13. Sealing unsafe or abandoned buildings with cinderblock/mortar;
• 14. Sidewalk sheds, bridges, fences, elevators, hoists and café signs (no penetration of building materials);
• 15. Street furniture;
• 16. Installation of new outdoor swimming pool;
• 17. Tents (free standing); and
• 18. Erection of temporary structures (e.g. trailers) with water/electric lines only; and
• 19. Applications with no physical work to be performed.

The foregoing exceptions will be reinstated to the Asbestos Rules as part of an upcoming
DEP revision. If you have any questions regarding this update, a particular building, or a general construction or environmental issue, please do not hesitate to contact us.