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COVID-19 Asbestos Control Program Guidance for Applicants

April 3, 2020

Asbestos Control Program (ACP) Interpretation of the Governor’s Executive Order 2026:

  • NON-ESSENTIAL Construction MUST shutdown safely (other than a service disruption-heat/hot water) and includes: schools/universities; commercial properties; residential properties
  • ESSENTIAL Construction may continue and includes: infrastructure (roads, bridges, transit facilities); Utilities (water/sewer/electric/heat, ConEd/National Grid/DEP); hospitals or health care facilities; emergency work related to a service disruption or COVID-19 work; affordable housing & homeless shelters (NYCHA/DHS)

ACP-7 Form Process

ACTIVE Non-Essential Asbestos Projects: For asbestos projects which are currently in progress, ACP requires all parties to complete active asbestos projects within 24–72 hours in accordance with the project’s approved Contingency Plan. If there are multiple work areas, complete the work area which you are currently working on. Do not start another work area. Submit a partial closeout (ACP-15) for the completed work area and put the project on postponement.

NON–ESSENTIAL ACP-7 Filings:

  • Approved ACP-7: All Non-Essential Asbestos Projects which have a valid start date but have not started are to be placed on postponement, immediately by the applicant.
  • NON ESSENTIAL ACP-7 Filing Submission: ACP will continue to accept and review filings, approved filings will remain in objected state until the Governor’s mandate is lifted. Applicants will receive objection with an external comment: HOLD: COVID-19 Non-Essential
  • ESSENTIAL ACP-7 Filings: The ACP will only accept ACP-7 Filings for Essential Construction in accordance with executive order 2026. Essential projects should provide a Contingency Plan in the event that a shutdown is required.
  • EMERGENCY Filings: The ACP will only process emergency filings related to service disruption (water/gas service line breaks, boiler outage, and debris clean-up) or for government facilities providing emergency services for COVID-19.

ACP-8 Review Process

  • NON-ESSENTIAL Project: ACP-8 are to be accepted when they are deleting ACM quantities so they can close out the job. Any other amendments will be reviewed on a case-by–case basis.
  • ESSENTIAL Projects: ACP-8 will be processed as usual and a contingency plan should be provided.

ACP-9/1-22b/Asbestos Technincal Review Unit Process

  • NON-ESSENTIAL: Process same as ACP-7 criteria.
  • ESSENTIAL Projects: Will be processed as usual and contingency plan should be provided.

COVID-19 Closeout Process: NON-ESSENTIAL Projects

There are three options to close out/shut down ongoing projects due to COVID-19 (within 24–72 hours)

  1. ACP-15 Entire Project closure
  2. ACP-15 Partial Project closure (after ACP-21 is issued, put project on postponement)
  3. When projects cannot result in the submission an ACP-15 (partial or entire), the applicant must submit a COVID-19 Asbestos Project Suspension Plan (minimum requirements are in outlined in the Immediate Suspension Non-Essential Active Asbestos Projects Announcement) and the COVID-19 Shut Down Report (download the COVID-19 Shutdown Report Template). Both should be submitted to covid19asbestos@dep.nyc.gov

NON-ESSENTIAL Project Safe Shutdown

NON-ESSENTIAL Projects should have submitted a contingency plan by close of business Monday, April 6, 2020. After Monday, April 6, 2020, applicants should submit a COVID-19 Asbestos Project Suspension Plan (minimum requirements are in outlined in the Immediate Suspension Non-Essential Active Asbestos Projects Announcement).

Follow these directions for plan and shutdown report submissions:

  1. CONTINGENCY PLAN: All NON-ESSENTIAL Projects which have a DEP approved contingency plan already, should shutdown their projects safely in accordance with their approved plan. Applicant needs to submit the COVID-19 Shutdown Report to covid19asbestos@dep.nyc.gov.
  2. COVID-19 ASBESTOS PROJECT SUSPENSION PLAN: When the Applicant does not have a DEP approved Contingency Plan for their NON-ESSENTIAL project, the Applicant should submit their COVID-19 Asbestos Project Suspension Plan (minimum requirements are in outlined in the Immediate Suspension Non-Essential Active Asbestos Projects Announcement) with the COVID-19 Shutdown Report (download the COVID-19 Shutdown Report Template) to covid19asbestos@dep.nyc.gov.
  3. COVID SHUTDOWN REPORT: Required for all NON-ESSENTIAL projects which have either an approved and uploaded Contingency Plan or a COVID-19 Asbestos Project Suspension Plan (download the COVID-19 Shutdown Report Template).