November 24, 1999

Contact: (718-595-3693/3695)

Asbestos Investigator Compliance Guide

The Department of Environmental Protection periodically schedules audits of recordkeeping by certified asbestos investigators. Audit inspections are performed randomly or may be triggered by the ACP5 review process or by enforcement investigations at specific sites. Investigators must make records available during normal business hours without cost or restriction for inspection by a representative of the Department.

Incomplete records, improper or inadequate surveys or assessments, or submittal of false statement or false documentation to the Department will result in the issuance of Notices of Violation. The penalties for violation of Title 15, Chapter 1 of the Rules of the City of New York range from $1,100 to $10,000 per infraction. In addition, the Department may convene a hearing to revoke or suspend certification.

Asbestos survey records must accurately reflect the site conditions at the time of investigation.

Only individuals certified as asbestos investigators by the Department can engage in building survey and hazard assessment for asbestos. Such individuals have satisfactorily demonstrated an ability to identify the presence and evaluate the condition of asbestos in buildings or structures.

A non-certified individual may participate in an asbestos survey being conducted by a NYC certified investigator only if such individual works in the presence of the investigator and under direct and continuing supervision.

Sampling

Only persons certified by the Department as asbestos investigators or by the New York State Department of Labor as Asbestos Inspectors may select and collect bulk samples for analysis.

The investigator must assume that some or all of the areas investigated contain ACM, and for each area that is not assumed to contain ACM, collect and submit bulk samples for analysis. Collection and submittal of samples must be in compliance with Title 15, Chapter 1 of the Rules of the City of New York §1-36, §1-37, and §1-44, and EPA publications 560/5-85-024 and/or 560/5-85-030A.

• Bulk sample analysis (PLM) must be performed by laboratories within the Environmental Laboratory Approval Program (ELAP) administered by the New York State Department of Health.
• Bulk samples must be taken by whatever method minimizes the potential for fiber release. Any material that remains exposed as a result of the sampling procedure must be sealed.
• Sampling results/reports must be submitted directly to the Department upon request within five calendar days.

Note: When samples cannot be obtained because surfacing material is not present (e.g. bare boiler, pipe, etc.), photographs should be taken and included in the records.

Recordkeeping

Asbestos investigators must maintain a permanent record (survey report) for every building survey/hazard assessment for asbestos.

For each building survey/hazard assessment conducted prior to preparation of either DEP form ACP7 or ACP5, the investigator must compile a record that includes at a minimum:

• A detailed written description of procedures employed to detect the presence or absence of ACM.
• A blueprint, diagram, drawing, or written description of each building or portion thereof inspected by the investigator that clearly identifies each location and approximate linear or square footage of any area where material was sampled for ACM.
• The exact locations where bulk samples were collected, the date of collection, and the location of any areas assumed to have ACM.
• The printed name and signature of any and all persons who collect bulk samples for the purpose of determining the presence of ACM.
• The name and address of the laboratory analyzing the samples, the date of analysis, the results of the analysis, the method of analysis and the name and signature of the person performing the analysis.
• A detailed written description of proposed demolition, renovation, alteration, or modification work to be performed, including the techniques to be used and a description of affected facility components.
• A specific description of all activities performed by non-certified individuals, including name, address, telephone number.

ACP5 forms are notification forms and are not survey reports. Investigators must maintain adequate backup documentation. A detailed survey report is required for each and every asbestos survey.

All forms must have the seal of the NYC DEP Certified Asbestos Investigator.