New NYS DOL Interpretation

Effective immediately, the New York State Department of Labor Engineering Services Unit has changed its policy regarding concrete debris generated during controlled demolitions involving friable asbestos-containing material.

NYS DOL will no longer grant variances allowing an asbestos-contaminated concrete debris pile to be disposed of as conventional construction and demolition waste unless prior written approval has been obtained from the U.S. Environmental Protection Agency.

Under the new policy:

• Concrete that has been part of a controlled-demolition debris pile involving friable ACM must be disposed of as regulated asbestos-containing material (RACM), regardless of the concrete’s size, porosity, treatment, cleaning or Project Monitor clearance.

• Concrete may only be considered uncontaminated if it was segregated before demolition and was never incorporated into the contaminated debris pile. This must be clearly identified in the variance petition.

• Contractors or property owners seeking to dispose of concrete debris as C&D waste must first obtain EPA approval and include the EPA approval letter with the variance petition.

• Controlled demolitions involving only Category I nonfriable ACM are not affected by this change.

NYS DOL has also indicated that future variance conditions will include additional requirements addressing concrete masonry units and poured concrete foundations.

The complete NYS DOL communication is attached. Project Designers, contractors, building owners and consultants should review this change before planning or submitting variance petitions for controlled-demolition projects.

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