October 21, 2010What Is An Environmental (E) Designation?Over the past several years the five boroughs of New York City have been part of rezoning plans in which many lots have been documented as “E” designated by the NYC Department of Buildings and must undergo a series of steps to satisfy the NYCDEP. “E” designated lots are amendments to the New York City Zoning Maps that may include environmental designations of certain tax lots that have physical or historical evidence of uses related to hazardous materials. Zoning Resolution 11-15 provides that the Department of Buildings may not issue a building permit for work on a tax lot labeled “E”, until the Department of Buildings is provided with a report from the Department of Environmental Protection stating that the environmental requirements for the lot have been met. These designations have been assigned by the NYCDEP in an attempt to assure that appropriate testing and remediation, if necessary, occur on properties that are being rezoned. In general, the City of New York assigned the E-designation to properties that it believed: Were used as, or close to, a gas station or other underground fuel oil tank; E-designated properties are categorized based on the City’s concern (“hazardous materials”, “air quality”, “noise”, etc.). Properties that are listed in the “hazardous material” category need to have the following activities performed and submitted to the NYC Office of Environmental Remediation (OER): Phase I Environmental Assessment, per ASTM Standard E-1527-2005 The process in obtaining a notice to proceed can take several months and include multiple submittals to the NYCDEP. The submittals are then reviewed by their department and approved or sent back with revisions to the RI or an approval to proceed. Properties that are listed in the “air quality” or “noise” categories need to prepare and submit air quality or noise assessments to the NYC OER. The NYC E-Designation Environmental Review Program for Hazardous Materials, Air Quality and Window/Wall Noise Attenuation is administered by the NYC Office of Environmental Remediation (OER). However, these designations are usually less costly and time consuming than addressing a hazmat E-designation. Click here for more information.
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