What Are Variances in Asbestos Filings—and Why Do They Matter?
Understanding the Role of DEP Variances in Asbestos Abatement Projects Across NYC

In New York City, asbestos abatement is governed by a rigorous set of rules issued by the Department of Environmental Protection (DEP). These regulations are designed to protect both public health and the safety of workers by controlling how asbestos is handled, removed, and disposed of. But as anyone in the field knows, real-world job sites don’t always allow for a textbook approach. Buildings are often occupied. Spaces can be tight, awkward, or structurally unique. Mechanical systems might not be easily isolated. That’s where variances come into play.

A variance is a formal written request submitted to the DEP, asking for permission to deviate from specific requirements of the city’s asbestos control regulations—specifically, Title 15, Chapter 1 of the Rules of the City of New York. These deviations are never taken lightly. Rather, they’re requested when it becomes clear that strict adherence to standard protocol isn’t feasible due to the physical, operational, or logistical constraints of the site. The goal of a variance isn’t to cut corners; it’s to maintain safety and compliance when the “standard” method just doesn’t fit the reality of the job.

At New York Insulation, we frequently encounter complex projects where conditions on the ground require alternative approaches. For instance, we’ve worked in occupied residential buildings where constructing a full negative pressure containment system would interfere with critical building systems or resident safety. In commercial high-rises, we’ve seen scenarios where shutting down an HVAC system for abatement purposes would compromise business continuity for dozens of tenants. Even something as basic as limited access—such as narrow crawlspaces or confined mechanical rooms—can make it impossible to use certain standard tools or procedures.

In these cases, we evaluate the site carefully and determine whether a variance is warranted. If it is, our team prepares a detailed application that explains the unique conditions of the site, outlines the regulation(s) we are seeking to modify, and—most importantly—demonstrates how we will achieve equal or greater protection through alternative methods. This might involve enhanced air monitoring, double-layered containment, scheduling work during off-hours, or isolating work zones with custom-built barriers.

Once submitted, the variance application undergoes review by the DEP. Depending on the complexity of the request, the review process can take anywhere from a few days to several weeks. DEP may approve the request as-is, suggest modifications, or—if they feel the plan doesn’t adequately protect public health—deny it outright. No abatement work that relies on a variance can begin until formal written approval is received.

It’s important for clients to understand that applying for a variance is not a loophole or an excuse to skip steps. Quite the opposite—it reflects a proactive, transparent approach to compliance. Filing for a variance demonstrates that a contractor has thoroughly assessed the work environment and is committed to upholding DEP standards, even under atypical conditions. In fact, failing to secure a required variance before proceeding with work can result in stop-work orders, hefty fines, or even legal action.

For property owners and project managers, the takeaway is this: if your site presents unusual conditions—whether it’s a lack of access, occupancy constraints, or architectural challenges—it’s critical to work with an abatement contractor who understands the DEP variance process inside and out. At New York Insulation, we’ve filed and secured variances for a wide range of project types, from emergency removals in public schools to tenant-occupied high-rise apartments and beyond.

Our team not only ensures that your variance is thoroughly prepared and submitted in compliance with all regulations, but we also make sure that your project stays on schedule by managing communications with DEP, coordinating with building managers, and providing detailed documentation every step of the way.

Have questions about whether your project might require a variance? Want to learn more about how we can keep your site safe, compliant, and on track? Give us a call. We’re here to help—no matter how complex the job.