Abatement Forms & Filing Instructions

Our Asbestos Reporting & Tracking System (ARTS) enables you to submit forms for abatement activities and receive approvals (or objections) electronically:

To search ACP7 and ACP5 project notification and assessment data for a property, use the ACP Search Portal.

If you have questions about ARTS, please contact artsfeedback@dep.nyc.gov. For general asbestos information, visit Asbestos Abatement.

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Filing Instructions for Abatement Forms

Use these filing instructions to submit forms in ARTS for abatement activities of asbestos-containing materials.

Asbestos Assessment Report (ACP-5 Form)

Building owners are responsible for having a DEP-certified asbestos investigator perform an asbestos survey to determine if asbestos-containing material (ACM) will be disturbed during the course of work on their building. If the investigator determines that the building (or portion thereof) affected by the work is free ACM, the ACM present will not be disturbed by the work, or the amount of ACM to be abated constitutes a minor project, they must complete, sign, and seal an Asbestos Assessment Report (ACP-5 Form) and submit it to DEP in accordance with 15 RCNY § 1-22(b)(1) (refer to 15 RCNY § 1-23(b)(1–3) for a list of exempt activities).

Full Demolition DEP-DOB Service Notice

The Department of Buildings (DOB) will only issue a full demolition permit based on an Asbestos Assessment Report (ACP-5 Form) issued by a DEP-certified asbestos investigator with box 8d checked (which indicates that the entire building is free of asbestos containing material). The Asbestos Project Completion (ACP-21 Form) or Asbestos Project Conditional Completion (ACP-20 Form) will not be accepted as the basis for issuing a full building demolition permit. The only exceptions are a concurrent demolition and Abestos Technical Review Unit (A-TRU) permitted project, immediate emergency demolition, or emergency demolition.

ACP-5 Form Filing Instructions

The Statement of Agreement for filing ACP-5 Forms must have original signatures, dates and seal. If you are an employee of a company that has a New York State Department of Labor Asbestos Handling License number, you will be required to submit a letter of authorization from the company together with your forms. The form can either be mailed or hand delivered. Once the form is accepted, we will notify you via email and provide a temporary password with the link where you will electronically file your ACP-5 Form.

Asbestos Project Notification (ACP-7 Form)

An asbestos project is defined as any form of work that will disturb more than 25 linear feet or more than 10 square feet of asbestos-containing material. When the work to be performed constitutes an asbestos project, the building owner or authorized agent must submit an asbestos project notification (ACP-7 Form) in ARTS at least one week in advance of the start of the work along with the associated filing fee (refer to 15 RCNY § 1-25). An ACP-7 Form is valid for one year from the original date of filing.

Modification of or deviation from the information provided in the ACP-7 Form must be immediately reported using the ACP-8 Form.

*If a Building Owner’s Authorization Letter is required, it must have the owner’s signature and date.

ACP-7 Form Filing Instructions

Asbestos Technical Review Unit Screening of ACP-7 Forms

The Asbestos Techinical Review Unit (A-TRU) permit ensures that workplace safety plans and tenant protection plans are prepared by a registered design professional and approved by DEP prior to initiating asbestos abatement activities.

In questions 28 and 29 on the ACP-7 Form, DEP screens the applications for key words associated with the “A-TRU Triggers.” These are the most common words that trigger a clarification to confirm whether an A-TRU permit is required:

Section of Floor	Building Component
Corridor	Ceiling
Entire Floor	Columns
Foyer	Elevator Door
Ground Floor	Exit Door
Lobby	Fire Alarm System Component
Passageway	Fire Dampers
Stairwell Landing	Fire Door
Stairs	Fire Escape
Vestibule	Fire Stopping Materials
	Riser (clarify if exposed or concealed)

When an A-TRU permit is required, please review the filing instructions:

Requirements for General Emergency Notifications

An emergency asbestos project involves the removal, enclosure, encapsulation or cleanup of asbestos-containing material that was not planned but is undertaken when sudden unexpected event(s) result in a situation in which any delay in abatement would pose an immediate danger to public safety and health. When such an emergency asbestos project occurs, an emergency notification must be submitted through the ARTS-E File system. If the applicant does not have a valid ARTS E-File account, immediate telephone notification shall be made to 311 and include:

Name, affiliation and telephone number of caller;
Nature of the emergency;
Scope of asbestos work to be performed and the quantity and location of ACM to be abated;
Exact location of the project including street address and borough;
Name, address, and telephone number of the asbestos abatement contractor and the air monitoring company;
Starting and projected completion dates; and
Such other factors as the department may determine are relevant for that project.

You must upload a site-specific emergency scope of work on the contractor’s letterhead and an Owners letter describing the nature of the emergency.

In accordance with § 1-27 (c) Applicant must convert the emergency notification to an Asbestos Project Notification ( ACP-7 Form) through ARTS E-File as soon as possible, but no later than 48 hours after the project begins.

Filing Procedures for Emergency Demolitions

For demolitions ordered by the NYC Department of Buildings (DOB) Immediate Emergency Declaration (IED), Emergency Declaration (ED), Unsafe Building (UB) Violation or Building Owners Condemnation Letter:

File an Emergency Project in ARTS and insert “Controlled Demolition” as the “Method of Abatement”
Upload the DOB Immediate Emergency Declaration IED/ED/UB/Condemnation Letter
Prepare and upload a detailed site-specific scope of work
All asbestos project notifications for controlled demolition must also be submitted to the applicable federal (USEPA NESHAPS) and state (NYSDOL) agencies

Download the Emergency Demolitions Filing Procedures (DEP-DOB Service Notice) for additional information.

Asbestos Project Monitor’s Report (ACP-15 Form)

Within 21 days of project completion (including the successful clearance air monitoring), an Asbestos Project Monitor’s Report (ACP-15 Form) must be submitted in ARTS. This report must be based on an inspection performed after the completion of all steps listed in §1-112(m) Additional Clean-up Procedures (Final) of Chapter 1, Title 15 of the Rules of the City of New York. The project monitor who prepares the report must be independent of the abatement contractor. If a project is being performed on multiple floors of a building, a separate project monitor’s report may be filed as each floor is completed. Compliance with this subdivision is the responsibility of the building owner.

Asbestos Project Amendment for ACP-7 Form (ACP-8 Form)

A modification of or deviation from the information provided in an ACP-7 Form must be reported immediately in ARTS if the change refers to the asbestos abatement contractor, air monitoring firm, amount of asbestos-containing materials to be disturbed, the dates of the project, or the project location.

*If a Building Owner’s Authorization Letter is required, it must have the owner’s signature and date.

ACP-8 Form Filing Information

An ACP-7 Form may be modified no more than twice
A modification is valid when received prior to the previously filed date of completion on the ACP-7 Form
A “start date” change must be received by the original start date on the ACP-7 Form. If the modification is received after the start date, you must submit a new ACP-7 Form in ARTS
ACP-8 Form—QUESTION 5: “Will this additional asbestos abatement include a different or new location (floor) and /or new trigger?” (ACP-7 Form, questions 28 and 29)

If you answer “YES”: STOP and DO NOT PROCEED. A new ACP-7 Form and Asbestos Technical Review Unit (A-TRU) application is required
If you answer “NO”: Proceed to submit the ACP-8 Form

A-TRU Screening of ACP-8 Forms: DEP screens applications for key words associated with the “A-TRU Triggers” (from questions 28–29 on the ACP-7 Form). These are the most common words that trigger a clarification by DEP to confirm whether an A-TRU permit is required:

Section of Floor	Building Component
Corridor	Ceiling
Entire Floor	Columns
Foyer	Elevator Door
Ground Floor	Exit Door
Lobby	Fire Alarm System Component
Passageway	Fire Dampers
Stairwell Landing	Fire Door
Stairs	Fire Escape
Vestibule	Fire Stopping Materials
	Riser (clarify if exposed or concealed)

When an A-TRU permit is required, please review the filing instructions:
- Download the A-TRU Filing Procedures for Complex Abatement/Alteration Projects (DEP-DOB Variance Service Notice)
- Download the A-TRU Workplace Safety Plan Minimum Requirements (Department of Buildings Service Notice)

Asbestos Procedural and 1-22b Variance Application (ACP-9 Form)

Variance Proposal Format and Filing Instructions

An application for any variance must be made directly to DEP through the ARTS E-File System at least two weeks before commencing work. Two types of variance applications exist: (1) a procedural variance which requires DEP approval; and (2) a 1-22b variance which requires DEP and DOB approval.

When the Department approves the application for a procedural variance the applicant must generate an Approval of Variance Letter (V2 form), by entering a start date in the ARTS E-File System, printing out and posting at the workplace a copy of the approved variance (V2 form), the Proposed Method of Work and the Layout Drawing.

When the Department approves the application for the 1-22b variance it will issue the Approval of Variance Letter (V5 form) in the ARTS E-File System. The applicant must submit the V5 form to DOB and post it at the workplace with the Phasing Letter and the Phasing Plan. Please note that a 1-22b variance includes all work areas on the ACP7 form. DOB will require an ACP21 form for DOB final project sign-off.

Work involving a variance may not commence before the receipt of the Department’s approval of the application.

Required Documents for DEP Procedural Variance (ACP-9)

Building Owners Authorization Letter (ACP9)

Must have the Building Owner’s signature and be dated prior to/or on the same day the ACP-9 Form is filed. Signature will only be accepted as either handwritten signature and/or an electronic AUTHORIZED digital signature, Microsoft Office Font (print or script) will not be accepted. Applicants who hold a Building Owners ARTS account are not required to upload the Building Owners Authorization Letter.

Proposed Method of Work (Variance Proposal Letter) must include the following:

Date of submission. (The date must be revised whenever revisions are made to proposals)
Letter to be addressed to:
Mr. Carlstien Lutchmedial, Director
NYCDEP Asbestos Control Program
59-17 Junction Blvd. 8^th floor,
Flushing, NY 11373
Project address (floors involved), Borough, NY, Zip code
TRU number (when available) this is required after initial objection
Sections of the Rule from which relief is requested: List subsection numbers matching the ACP9 application form
Identify the location, type, and quantity of the asbestos containing material and phase(s) affected by the variance as indicated on the ACP-7 form
Identify the hardship as to why each section cannot be complied with
Identify alternate procedures and Variance Attachments for each section proposed

Justification for regulatory relief can be provided in table form:

Title 15 Chapter 1 section # and Text	Variance Justification	Alternate method	DEP Variance Attachment
§ 1-82(a) worker decontamination unit shall be located outside the work area	There is not enough space to install the worker decontamination unit directly outside the work area	Provide a detailed description that matches the layout drawing	Attachment R

Include Project Designer Name, Signature, NYSDOL certificate number
Pages should be numbered
Identify manufacturer specifications for specific equipment proposed to be employed in the variance procedure (include previous V2 issued for similar variance requests)
Identify the type of Decontamination Enclosure Systems Illustration (Ex:I, II, III)
Photographs maybe requested as an additional document by the reviewer

Layout Drawing must include the following:
1. Title block must include:
  DEP Information: (each page)
2. TRU and Variance # (when available), this is required after the initial objection
3. A separate drawing for each floor and indicate Phase #
4. The ACM Work Area boundary for each work area
5. ACM Legend:
6. ACM location
7. The Worker and Waste Decontamination Unit types and locations, as identified in the method of proposal
8. Remote Holding Areas and attached Airlocks (when applicable)
9. Phase Number (If there is only one phase, indicate Phase 1)
10. Review layouts carefully to ensure information matches the variance proposal prior to submission

Required Documents for 1-22(b) Variances

NOTE: When the 1-22b variance is submitted after the ACP7 has been approved and abatement work has commenced the ACP7 must be placed on postponement status until the 1-22b variance is approved.

Building Owners Authorization Letter (ACP9)

Must have the Building Owner’s signature and be dated prior to/or on the same day the ACP-9 Form is filed. Signature will only be accepted as either handwritten signature and/or an electronic AUTHORIZED digital signature, Microsoft Office Font (print or script) will not be accepted. Applicants who hold a Building Owners ARTS account are not required to upload the Building Owners Authorization Letter.
Owners Hardship Letter

Project Address
Provide a detailed explanation from the owner on the reasons why the construction work must be conducted prior to the ACP21 being issued.
Indicate the consequences which would be incurred by the V5 not being granted.
Provide a separate hardship explanation for each DOB application number indicated in the Phasing letter.
Letter must be signed and dated by Owner

Phasing Letter: Needs to be specific in conjunction with project scope and must include the following:

Required items 1–4, listed in A.2. above, in the Proposed Method of Work for DEP procedural variance
Approved NYC Department of Buildings (DOB) job application number
List all ACM work areas, type and quantity as indicated on the ACP7 form
Number of phases and phase per floor
Detailed description of the work of the general contractor versus the abatement contractor and how work is being separated
Clear indication of a 25 foot buffer zone on floor or facade elevation
Is the building occupied? Yes___ No ___
If Yes, indicate floors which will be occupied by residential tenants and or commercial occupants during abatement
Indicate the number of construction/asbestos abatement workers in the building during abatement
The number of ACP-20 Form(s) or ACP-21 Form(s) required
The DOB sidewalk shed and/or scaffold permit (when applicable)
The DOB construction fence permit (when applicable)
The ACP-5 form for all work area locations relative to the PW1 plan application that are not listed on the ACP-7 form*
Name of Project Designer, NYSDOL certificate number and signature

*An ACP7 form may also be submitted if more than one active asbestos abatement project is ongoing in the building at the time of submission.

Phasing Plan: Must submit diagrammatic plans only, no DOB approved plans will be accepted. The Phasing plan must include the following:

Include required items 1–11 listed in A.3.above, in the Layout Drawing for procedural variance for all work areas as on the approved ACP7
TRU Number and Variance Number when available, this is required after initial objection
BIN Number
Approved NYC DOB Job Application Number
Building Construction Classification
Building Occupancy Use Classification
Identify building occupancy during abatement for abatement workers and non-abatement workers per floor during each phase
Identify building occupants and tenants per floor during abatement during each phase
Name of Project Designer, NYSDOL certificate Number and signature
Include a separate drawing for each floor
Review the phasing Plan drawing carefully to ensure that all information matches the approved ACP7 form prior to submission.

New York City Department of Buildings (DOB) Special Note

In accordance with §3307.6.2 of the 2014 or 2022 New York City Building Code, applicants should be prepared to provide verification of approved/permitted sidewalk shed for the following applications:
- Façade and/or full/partial demolition
- Lintel and/or window replacement
- Roof work not restricted to the roof, also involving the parapet
ACP-5 requirement for work areas listed on the PW1 Form which are not listed on the ACP-7 Form

Prior to a V5 being issued, an ACP-5 will be required for all areas within DOB applications that have not been included in the location section of the ACP-7 Form and filed in conjunction with the proposed variance. An ACP-5 must verify that any additional work areas permitted within the submitted DOB application, but not included within the scheduled abatement project have been tested for the presence of ACM. The required result of “No ACM present” or “ACM is present and will not be disturbed during the proposed construction activity” must be recorded in the V5.

Response to Objections (Incorrect/Invalid Document)
1. Revised Proposed Method of Work and/or the Layout Drawing must identify the revisions made by bubble/highlight and insert a new date reflecting the revision date.
2. Insert new subsections in Variance Details and additional Variance Attachments when applicable.
3. Update ACP-9 form when new/additional sections are added or modified to reflect the changes.

Asbestos Work Permit (ATRU) Filing Instructions

When any proposed work condition triggers a YES response in the Project Details Questions 27, 28 and/or 29 on the ACP-7 form, an ATRU Permit is required. A Registered Design Professional (RDP), authorized by the building owner or by an authorized agent, must prepare a Work Place Safety Plan (WPSP) for the applicant to submit through the Asbestos Report Tracking System (ARTS E- File ). The WPSP is thoroughly reviewed by the Asbestos Technical Review Unit (ATRU), comprised of two Department of Buildings (DOB) application compliance examiners and two DEP technical reviewers. To expedite the review and approval process, it is strongly recommended to submit the WPSP at least three to four weeks before the project start date.

Work involving an ATRU Permit may not start without receiving application approval.

Work Place Safety Plan (WPSP) Filing Instructions

New York City Department of Environmental Protection (DEP) Requirements

The minimum requirements for filing a WPSP are listed below.

WPSP Cover Page with a Drawing Sheet Index
WPSP Title block, required on each drawing sheet, must include:

a. Project Address
b. Name of Building Owner
c. Name of Abatement Contractor
d. Name of Air Monitor
e. Registered Design Professional (RDP) Stamp: Sealed & Signed
f. Drawing Title
g. Drawing Number
h. Drawing Date and Version Number

WPSP Project Summary Page

a. Project Address
b. Location Map
c. Project Scope of Work fully described
d. ATRU Triggers:
e. BIN number:
f. Building Construction Classification:
g. Building Occupancy Use Classification:
h. Sprinkler System Status Yes: No:
i. Fire Alarm System active Yes: No:
j .Standpipe System active Yes: No:
k. Building is tenant occupied Yes: No:
l. Abatement occurs on occupied floor Yes: No:
m. Floors where work occurs:
n. Floors occupied during abatement:
o. Phasing Schedule’s total number of phases:
p. Number of abatement workers on site per phase:
q. Tenant Protection Plan Yes: No:
r. Occupant Protection Plan Yes: No:
s. Building demolition Full: Partial:
t. DOB Demolition Application #(s):
u .Fire Watch Information (24 hours):
v. Fire Guard Information—only during work shift:
w. Required DOB Inspections:
x. When applicable Approved DOB Plan Application #(s):
y. Elevator Access and/or Restrictions:
z. ADA Accessibility:
aa. General Notes
bb. Mitigation Procedures
cc. NYC DOB Notes
dd. NYC DEP Notes

WPSP Individual Drawing Sheets: A separate drawing sheet must be submitted for each floor and shall include:

a. Title Block
b. ACM Work Area boundary
c. ACM Legend:

i. ACM type (name)
ii. ACM quantity—SF and/or LF

d. ACM location

i. Identification of all hatching(s)
ii. Compass Arrow

e. Worker and Waste Decontamination Unit location
f. Remote Holding Areas and Airlocks, when applicable
g. Phase Number. If only one phase occurs, indicate Phase 1
h. Number of abatement workers per floor
i. Identify floor egress travel distance(s) for building occupants
j. Identify floor egress travel distance(s) for ACM abatement worker(s)
k. Travel Distance legend must include:

i. Primary and secondary egress paths
ii. Allowable travel distances (sprinklered or non-sprinklered)
iii. Actual travel distances

l. Location of Fire Watch or Fire Guard
m. RDP seal & signature
n. Drawing Date
o. Revised drawing date

NOTE: Any change on a drawing shall be bubbled.

New York City Department of Buildings (DOB) Specific Requirements

Work Place Safety Plan must include the minimum information listed below:

a. Floor plan(s) must be submitted only for ATRU triggered work areas and be sealed and signed by a RDP.
b. Floor plan(s) must indicate the locations of any obstructed required exits.
c. All temporary mitigating measures to be undertaken for the duration of the Asbestos Work Permit must be indicated.
d. Floor plan(s) plans must include alternate egress path(s) that satisfy the applicable code requirements for maximum travel distances, the minimum number of exits per floor, exit width and required signage and lighting. These requirements must align with the 2022 Building Code, which provides an exception for the maintenance of a regular means of egress when approved temporary means of egress systems and facilities exist.
e. Tenant Protection Plan is required for an occupied residential building per 2014 AC §28-104.8.4 or 2022 AC §28.120.1.
f. Occupant Protection Plan: For a non-residential building per Chapter 33 of NYC Building Code an Occupant Protection Plan is required on the WPSP if the building is occupied.
g. A narrative description is required for all measures taken to mitigate compromised fire protection systems or means of egress. Such descriptions may include surveillance by a fire watch and an emergency action plan.

Asbestos Technical Review Unit Simultaneous Full/Partial Demolition and Abatement Procedure

As per Asbestos Rules and Regulations, Title 15, Chapter 1 of the Rules of the City of New York, simultaneous abatement and full/partial demolition projects require an approved Asbestos Technical Review Unit (A-TRU) permit and §1-22(b) variance prior to the start of demolition/abatement. Abating an entire building prior to the start of demolition may pose an undue hardship to a complex or multi-phased project. This allows applicants the flexibility to phase the project so a Department of Buildings permit can be issued before the completion of abatement activities with the following mandated stipulations:

a. A restricted area must be established using warning tape extending at least 25 feet from the affected areas to the nearest non-abatement demolition work.
b. The building must be vacated prior to the start of abatement activities.
c. When full floors are being demolished the Work Place Safety Plan will not be approved unless it provides a buffer of four floors, or an adequate buffer as determined by the commissioner, occurs between the abatement and the demolition work.
d. A maximum of two floors may be demolished simultaneously at any one time during the demolition procedure.
e. In addition to mitigation measures to maintain required egress, fire safety and building life safety systems during combined demo/abatement, the Work Place Safety Plan must provide a detailed phasing narrative of the demolition/abatement work.

The A-TRU Team will also review a 1-22(b) Variance application to permit a corresponding Department of Buildings Full Building Demolition application. A Full Building Demolition application or a “Full Demo” application with required interim Partial Building Demolition applications must comply with 2014 & 2022 BC Chapter 33, and specifically 3306.9.8.2 Asbestos, and with AC §28-106 Asbestos. A “Full Demo” application requires Pre-demolition Inspection “Pass” status prior to the 1-22(b) Variance approval.

Amendment of Approved WPSP

The DEP will accept a WPSP when change occurs to the approved WPSP that does not alter the previously approved WPSP “building life safety systems.” Revised WPSPs are routinely submitted that result from: (a) an asbestos project amendment (ACP-8 form) to add ACM or (b) a scope change. The Applicant must follow the procedures below:

ACP-8 submission: When ACM is being added, the applicant submits an Asbestos Project Amendment (ACP-8 form) and uploads the revised WPSP with the RDP’s Self-Certification letter.
Scope/Phasing change or relocation of decontamination systems: When a change occurs in the scope or phasing, and/or the location of the decontamination unit, the applicant must submit an email to artsfeedback@dep.nyc.gov to process the revised WPSP.

Required Documents for WPSP Amendments:

RDP Self-certification letter must include:

a. Date and statement that “changes will not adversely affect previously approved WPSP “building life safety systems”
b. Identify specific changes and reference the WPSP drawing sheet number(s)
c. The RDP’s signature and seal

Revised WPSP must include:

a. Clearly bubbled revisions on the revised WPSP Notes/Summary page with the individual drawing sheet where a change has occurred.
b. Indicate the revision date on the drawing sheet(s).
c. The RDP’s seal and signature.

DEP Acceptance Procedures for Revised WPSP:

After the DEP’s review and acceptance of the Revised WPSP associated with an ACP-8 filing, the Revised WPSP’s will be viewable in the ARTS E-file project folder with the RECEIVED watermark. For Revised WPSP’s not associated with an ACP-8 form DEP will issue a DEP ACP TRU Accepted Stamp on the front page of the Revised Work Place Safety Plan and upload the RDP letter and Revised WPSP in the ARTS E-file project folder. The ARTS Administrator will then send a confirmation email to the applicant. When a change occurs to approved WPSP that alters the previously approved WPSP “building life safety systems,” the DEP will not accept the revised WPSP. A new ACP-7 and WPSP must be submitted for the project. When the submission of an asbestos project amendment (ACP-8 form) results in the deletion of ACM from the ACP-7 form a revised WPSP is not required to be submitted.