September 15, 2021

This is a service notice from the Asbestos Control Program with guidance for Hurricane Ida remediation.

In response to the unprecedented flooding and property damage associated with Hurricane Ida and at the request of the Mayor’s Office, the Asbestos Control Program is providing the following guidance to Building Owners and allowing a filing fee exemption for all asbestos applications, which can be documented as a result of Hurricane Ida.

NOTE: the building owner is not exempt from the requirements set forth in the NYC DEP asbestos regulations, RCNY Title 15 Chapter 1.

Guidance

Building materials such as ceiling/wall plaster, pipe/boiler insulation and floor tiles often contain asbestos. Although these materials were disturbed because of water damage, once they become dry the material can become airborne and pose a significant health risk to the clean-up workers and the public. Prior to any clean-up/ remediation activity building owners should hire a NYCDEP Certified Asbestos Investigator (CAI) to conduct an asbestos survey of the property and the debris, to determine if asbestos containing materials are present. The CAI will determine if asbestos is present and quantify the amount of asbestos containing material. When asbestos is found to be present the building owner will need to hire a NYS Department of Labor licensed Asbestos Abatement Contractor to perform the remediation and dispose of the waste properly.

Fee Exemption Filing Procedures

In response to the property damage associated with Hurricane Ida the DEP ACP is waiving all asbestos project filing fees associated with for owners who can verify they were directly affected by the storm. Prior to filing an Asbestos Project Notification (ACP-7); Amendment (ACP-8), Variance application (ACP-9); or ATRU with DEP, Applicants can upload authoritative documentation with their asbestos applications.

Building Owner Instructions

1. Owners can obtain NYC Hurricane Ida documentation attesting to the proof of damages from an NYC/State/Federal authoritative source such as:
   • 311 call # or go online by visiting nyc.gov/ida
   • NYC Borough Hurricane Assistance Center Certification letter
   • Local Community Board Hurricane Ida Certification Letter
   • FEMA: To obtain a FEMA ID # you must register at 4615 | fema.gov OR call FEMA directly at 1-800-621-3362.
2. Hurricane Ida documentation should be provided to the Owner or Owners Representative (Applicant) to upload in ARTS with the Emergency Notification or ACP-7 application.

Applicant ARTS E-file Instructions

Applicants may file either an emergency notification in ARTS, if the work is being performed within 48 hours, or applicant may file an ACP-7 form with/without a 7-day waiver. To obtain the Fee Exemption insert the Hurricane Ida Data in the Facility Section and Document Section as instructed below:

Facility Section:

• Complete Questions 1–6
• Questions 6a: Is this a Build It Back project?—Answer YES
• App-ID #: Enter dedicated six digit Hurricane IDA ID # 999999

Document Section:

1. Select OTHER and Enter Document Name = Hurricane Ida Certification
2. UPLOAD Hurricane Ida Certification letter (see building owner instructions above)

If you have Hurricane Ida filing questions or need assistance please contact artsfeedback@dep.nyc.gov.

NOTE: This Service Notice is for a Filing Fee Exemption only. There is no exemption to the Asbestos Control Program Rules and Regulations, RCNY Title 15 Chapter 1.