A View of the World Trade Center Site from the Hudson River.
Frequently Asked Questions
The Deutsche Bank Building at 130 Liberty Street
Q: What is New York State Industrial Code Rule (ICR) 56?
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A: The New York State asbestos abatement rules, known collectively as New York
State Industrial Code Rule (ICR) 56, apply to the deconstruction of 130 Liberty
Street due to two facts: (1) 130 Liberty Street is owned by a state agency and
(2) the building is known to contain asbestos. ICR 56 details regulations to be
applied during the removal, encapsulation, enclosure or disturbance of friable
asbestos, or any handling of asbestos material that may result in the release
of asbestos fibers. ICR 56 specifically contemplates the need for variances
from the rule as written to address unique challenges at complex sites and to
make the most of opportunities to use innovative abatement approaches, so long
as the abatement methods used protect public health and worker safety to the
same, or greater, extent as ICR 56.
Q: What is a Variance? Top ^
A: A variance is a site-specific modification to ICR 56 that address
circumstances that arise when the nature of the project does not permit literal
compliance with all of the otherwise applicable requirements. Submitting a
Request for Variance is standard practice for partial and total demolition
projects with asbestos because logistical concerns and limitations associated
with demolition activities often prevent strict compliance with the rule as
written. Variances are sought in the normal course on a wide variety of
projects including school renovation and expansion, hospital interior gut and
rehabilitation, industrial factory conversion to residential units and many
other circumstances.
To ensure that variance methods are adequately protective, NYSDOL has developed
both pro forma variances (known as "Applicable Variances", see
http://www.labor.state.ny.us/pdf/sh480.pdf) and a detailed review and
approval process for site-specific variances. All requests for site-specific
variances must identify the sections of ICR 56 from which relief is sought and
the alterative methods that will be used to meet the intent of the requirement
and abate the asbestos in a safe manner as protective — if not more so — than
the original rule. NYSDOL engineers with particular expertise in asbestos
abatement review and comment on each aspect of the request for variance and
ultimately decide whether the requested site-specific variance satisfies
NYSDOL's exacting requirements for protection of human health and safety.
Q: What happens after the LMDC submits the Request for Variance?
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A: The NYSDOL will review the LMDC's Request for Variance and respond to each
element of the Request. Approval will be granted if the NYSDOL finds the
Request is in compliance with applicable law and will meet rigorous standards
for worker and community health and safety. Any approvals granted will be
issued to the LMDC in writing. Upon receipt, the LMDC will post the NYSDOL's
decision on the Request for Variance on LMDC's web site. LMDC will also be
submitting a revised Phase I Deconstruction Plan, including a revised Asbestos
Abatement Plan, to all applicable federal, state, and city regulatory agencies
for their review and approval prior to the start of deconstruction.
The Request for Variance submitted yesterday addresses Phase I of the
Deconstruction only. It is anticipated that a variance amendment, or a new
variance, will be submitted in the future for Phase II of the Deconstruction.