Document rxmXgN9g22R894ydbj27kro1a

Region 2 Enforcement & Compliance Assurance Division Air Compliance Branch CAA Inspection Report Inspection Date: Facility Name: Facility Address: ICIS-Air ID #: EPA Lead Inspector: EPA Asst. Inspector: Facility Contact: Facility Contact: State Inspector(s): 5/14/2024 Gouverneur Gardens 305 Madison St, New York, NY 10002 3601664213 Victor Tu Christopher Collins Qasim Lezama, qlezama@prestigemgt.com Mo Diop, mad@dbiprojects.com Other inspector name, title, phone number. Background "Gouverneur Gardens is a Mitchell-Lama Co-op that was built in the early 1960's for the benefit of New Yorkers with low to middle incomes." - per Google. The New York City Department of Environmental Protection (NYCDEP) has been investigating complaints of improper asbestos abatement during renovations at Gouverneur Gardens. The complex includes six buildings at several addresses. Pertinent Regulatory Requirements 40 CFR Part 61 Subpart M - Asbestos NESHAPs Summary of Onsite Observations: On May 14, 2024, EPA inspectors Victor Tu and Christopher Collins ("EPA Inspectors") conducted an inspection of Gouverneur Gardens. EPA Inspectors arrived at the facility at 11:00 AM and drove around the perimeter of the facility until 11:45 AM, to survey for potential activities at the 6 buildings that make up the co-op. EPA Inspectors returned to the facility at 1:00 PM and walked around Building 6 (675 Water Street). EPA Inspectors observed, from the sidewalk, garbage bags and a waste container, which appeared to contain construction waste (Figure 1). Gouverneur Gardens - 3601664213 1 5/14/2024 At 1:25 PM, EPA Inspectors entered the management building at 305 Madison Street, introduced themselves to the front desk, and presented their credentials. After a brief wait in the lobby, they were informed that the assistant superintendent would meet them at Building 4 (605 Water Street). EPA Inspectors proceeded to Building 4, where they met the Assistant Superintendent Donny Figueroa ("the AS") and began their facility tour. The scope of the inspection was to see where renovation work was being done. The group started with the 2nd floor and observed the slop sink area, noting that the previous plaster wall was removed and replaced with a cardboard barrier (Figures 6-9). EPA Inspectors saw pipes that resembles corrugated pipe insulation and noted that part of the pipe insulation was exposed (not tightly wrapped) (Figure 8). EPA Inspectors also noted that there was debris present on the floor of the area (Figure 9) EPA Inspectors spoke with residents of apartment 2C and took some photos of the work being done in the apartment (Figures 10-13). The residents informed the EPA Inspectors that pipe work occurred between October and December 2023, with asbestos abatement occurring in February 2024. The AS informed the EPA Inspectors that waste from the projects is disposed of in a container located between Buildings 5 and 6, which the EPA Inspectors had previously observed. The AS also identified DBI Projects ("DBI") as the current Owner's Representative. EPA Inspectors continued the inspection, observing the slop sink area on the 3rd floor, noting similarities between the work done on the 2nd floor. EPA Inspectors noted that pipes in the slop sink area were damaged, with portions missing (Figures 14-18). EPA inspectors knocked on the doors of a few of the residents on the 3rd floor, but no one answered. EPA Inspectors continued to the 4th floor and observed the 4th floor slop sink area. There was debris present on the floor (Figure 19). EPA Inspectors spoke with the residents of apartment 4C, who stated that the plastic on the walls had been removed after the abatement. Photos were taken behind the bathroom covering in this apartment (Figure 20-25). Photos were also taken behind the wall covering in the apartment (Figure 26). The residents of apartment 4C also showed EPA Inspectors images on their phones of the condition before abatement (Figures 27-28). EPA Inspectors also viewed the slop sink area on the 6th floor (Figures 29-31) and spoke to the residents of apartment 6C. In apartment 6C, the plastic covering of the hole in the wall had fallen off. EPA inspectors asked the AS if the rest of the higher floors are in the same condition, i.e., the walls are removed and not replaced. The facility tour continued to the basement of Building 4, where EPA Inspectors inspected the compactor room. After the compactor room, EPA Inspectors continued deeper into the basement and noted the work being done there. EPA Inspectors observed that part of the floor had been removed, with piping exposed. Insulation that feels like Fiberglass from the touch, was noted on the pipes on the ceiling. EPA also observed the boiler in the basement, which had insulation that does not resemble fiberglass (Figure 34). The AS were informed that if the boiler of this and the other buildings are to be disturbed, they will have to be tested or treated as ACM. The AS was unsure if the boiler was included in the work plan. The group then walked to Building 6. EPA inspectors noted that there were three smaller boilers in the basement of building 6 that appears to be new. The AS indicted that the boilers were new and currently not in service. AS informed EPA Inspectors that this building never had a boiler and was previously supplied steam by Con Edison. Gouverneur Gardens - 3601664213 2 5/14/2024 The EPA Inspectors asked to view the waste container in the courtyard between Buildings 5 and 6. The group was unable to enter the courtyard because he did not have the key. The AS stated that the group needed to go around the building from the outside. Continuing around Building 6, the group accessed the yard with the waste container and looked through the construction waste. EPA Inspectors looked through the waste container and the adjacent black bags (Figures 35-37). The DBI Project representative, Mo Dip, arrived and introduced himself. EPA Inspectors provided credentials and exchanged business cards. Mr. Dip stated that the waste in the container is disposed every week, and that this waste is from roof recovery work on Building 6. At this time, Mr. Dip explained that they only came on board 30 days prior, and that they replaced Solstice. EPA Inspectors took three samples at 3:30 PM from material in the container: Sample #1: Cementitious Material. Sample #2: Brown/White Corrugated Material. Sample #3: Gray Corrugated Material. While EPA Inspectors were finishing taking samples, the property manager Carol Rowley arrived. EPA Inspectors introduced themselves, provided credentials, and exchanged business cards. At this point, Victor Tu verbally requested copies of the scope-of-work documents, asbestos renovation notices, manifests, surveys, and air monitoring information. On the walk back to Building 6, Mr. Mo informed EPA Inspectors that the ACP7 had been submitted and approved, and that the variance was filed by Amiantos. EPA Inspectors, Mr. Mo, and the AS returned to Building 6, where they continued to inspect the slop sink areas on the 1st, 2nd, and 3rd floors. While on the 2nd floor, EPA Inspectors spoke with residents of apartment 2A and inspected the finished work in the two bathrooms in the apartment. Closing Conference: At 4:12 PM the EPA Inspectors, Mr. Dip, and Carol Rowley held a closing conference. EPA Inspectors inquired about the boilers in the buildings and the scope of work regarding asbestos, and if the boilers were included. EPA Inspectors explained that the asbestos should be abated in any instance where it can be disturbed, including working on pipes and boiler removal. HA Bader was identified as the environmental survey company, and Amiantos was noted to oversee the stop work order. Mr. Mo informed the EPA Inspectors that Building 2 was still undergoing window work, and that Building 1 still had some window work remaining. EPA Inspectors explained that a survey should have been conducted before work began, with the work plan in writing. Residents should have been made aware of the extent of the work and the asbestos risk. Mr. Mo wanted to reiterate that the only future plan for plumbing work was to finish the work that had started in Building 4. Mr. Mo also informed EPA Inspectors that air testing had been conducted in Buildings 5 and 6. EPA Inspectors explained that sampling should have been done before any work, with air testing occurring during the work and clearance after. Gouverneur Gardens - 3601664213 3 5/14/2024 EPA Inspectors inquired about notifications sent to EPA regarding the asbestos work, and the facility representatives were unsure. EPA Inspectors provided a list of documents to provide to the EPA, which included: Scope of Work documentation Survey Notifications to DEP and EPA Waste Manifests Air Monitoring Results Air Clearance for the apartments DEP Stop Work Orders Contractors Involved and Credentials EPA provided a timeline regarding samples and for the inspection report. The inspection concluded at approximately 5 PM. Follow-Up: On May 24, 2024, Mr. Mo Diop provided the following records electronically for EPA review: TRU0351MN24 - NEW ACP7.pdf 1413.07.02 - 605 Water Street, Air Monitoring Results - 13th Floor to 2nd Floor.pdf 1413.07.02 - 605 Water Street, Air Monitoring Results 21st floor to 14th Floor.pdf Asbestos Company License - 2024-2025 (As of 21224).pdf REQUEST TO LIFT SWO .pdf TRU0252MN24 - ACP7.pdf TRU0351MN24 - ACP21.pdf ACP-7 for 605 Water Street, Apt. 15C & 16C.pdf ACP-21 for 605 Water Street, Apt. 15C.pdf ACP-21 for 605 Water Street, Apt. 16C.pdf ADRI - NYS DOL Asbestos License.pdf EPA Federal Notification for 605 Water Street, Apt. 15C & 16C.pdf NYS DOL Notification for 605 Water Street, Apt. 15C & 16C.pdf Waste Manifest No. 76716_001.pdf 25 Montgomery Street - entire building update - janitors closet.pdf 35 Montgomery Street - entire building update - janitors closets.pdf 75 Montgomery Street - entire building update - janitors closets.pdf 605 Water Street - entire bldg update.pdf 645 Water Street - entire bldg update.pdf 675 Water Street - entire bldg update.pdf ASBESTOS HANDLING LICENSE.pdf MV DOL - NYC Investigator Licenses.pdf Gouverneur Gardens Apartment Work Status.xlsx IAN DOB LICENSE RENEWED.23.pdf Xinos GC License.pdf APPENDIX: Gouverneur Gardens - 3601664213 4 5/14/2024 *Figure 1: Waste Container and Black Garbage Bags / Between Buildings 5 and 6, from sidewalk Gouverneur Gardens - 3601664213 5 5/14/2024 Figure 2: New York City Department of Health Stop Work Order / Building 4 Figure 3: Project Status Update for Abatement / Building 4 Figure 4: Tenant Protection Plan and Permit Notice / Building 4 Figure 5: Continuation of Notice / Building 4 Gouverneur Gardens - 3601664213 6 5/14/2024 *Figure 6: Cardboard Barrier Inside Slop Sink Area / On Floor 2, Building 4 Gouverneur Gardens - 3601664213 7 5/14/2024 Figure 7: Pipes Behind Cardboard in Same Slop Sink Area (Figure 6) / Floor 2, Building 4 Figure 8: Close-up of Damaged Pipe in Figure 7 Gouverneur Gardens - 3601664213 8 5/14/2024 Figure 9: Floor of Figures 6-8 Area Gouverneur Gardens - 3601664213 9 5/14/2024 Figure 10: Photo of Condition behind Wall in Apartment 2C Bathroom Figure 11: Second Photo of Figure 10 Area Figure 12: Third Photo of Figure 10 Area Gouverneur Gardens - 3601664213 10 5/14/2024 Figure 13: Plastic Sheeting still in place in Hallway of Apartment 2C (Same Apartment Figures 10-12) Gouverneur Gardens - 3601664213 11 5/14/2024 Figure 14: Behind Cardboard Slop Sink Area / Floor 3 Building 4 Gouverneur Gardens - 3601664213 12 5/14/2024 Figure 15: Pipes behind cardboard, same area Figure 14. Figure 16: Zoom-in to Pipe in Figure 15 that appears to be damaged with portion of it missing. Gouverneur Gardens - 3601664213 13 5/14/2024 Figure 17: Another portion damaged (bottom right) in same slop sink. Figure 18: Same as Figure 17. Figure 19: Floor of 4th Floor Slop Sink Area Gouverneur Gardens - 3601664213 14 5/14/2024 Figure 20: Behind Bathroom Wall 4th Floor. No asbestos pipes visible. Figure 21: Continuation from Figure 20 Figure 22: Continuation from Figure 21 Figure 23: Continuation from Figure 22 Gouverneur Gardens - 3601664213 15 5/14/2024 Figure 24: Same location as previous figures. Figure 25: Same location as previous figures. Figure 26: Pipes behind cardboard in hallway wall, in Apartment 4C, after abatement. Gouverneur Gardens - 3601664213 16 5/14/2024 Figure 27: Before Photo from location of Figure 26 / Taken on Resident's Phone Figure 28: Continuation of Figure 27, second photo taken by resident. Gouverneur Gardens - 3601664213 17 5/14/2024 Figure 29: Slop Sink Area Building 4, Floor 6 Figure 30: Continuation from figure 29 Gouverneur Gardens - 3601664213 18 5/14/2024 Figure 32: Pipe in Apartment 6C Figure 31: Continuation from figure 30, hole was drilled in floor. Debris present in hole and on floor. Gouverneur Gardens - 3601664213 19 5/14/2024 Figure 33: Construction work in basement in Building 6. Figure 34: Boiler in basement in Building 6. Appears to have insulation. Gouverneur Gardens - 3601664213 20 5/14/2024 Figure 35: Waste in Container between Buildings 5 and 6. Figure 36: Continuation of Figure 35. Material resembles corrugated insulation material. Gouverneur Gardens - 3601664213 21 5/14/2024 Figure 37: Garbage Bag Contents in adjacent area of Figures 35-36. Appears to be paper liner. Gouverneur Gardens - 3601664213 22 5/14/2024 Figure 38: Completed Work in Building 6, Floor 1 Figure 39: Completed Work in Building 6, Floor 2 Gouverneur Gardens - 3601664213 23 5/14/2024 Figure 40: Sample 001 Gouverneur Gardens - 3601664213 24 5/14/2024 Figure 41: Sample 002 Gouverneur Gardens - 3601664213 25 5/14/2024 Figure 42: Sample 003 Gouverneur Gardens - 3601664213 26 5/14/2024 Lead Inspector's Name: Victor Tu Digitally signed by X VICTOR TU Date: 2024.07.03 VICTOR TU 13:47:56 -04'00' Lead Inspector Assisting Inspector's Name: Christopher Collins Collins, Digitally signed by Collins, Christopher X Christopher 12:22:27 -04'00' Date: 2024.07.03 Assisting Inspector Supervisor's Name: Ralph Lonergan Digitally signed by RALPH X RALPH LONERGAN Date: 2024.07.09 LONERGAN 09:29:53 -04'00' Supervisor Gouverneur Gardens - 3601664213 27 5/14/2024