This document is a generic template for the development of a Remedial Action Plan (RAP) to be submitted to the New York City Office of Environmental Remediation (OER) as part of the application and approval process of projects that must satisfy Air Quality and/or Noise E-Designation requirements.
The purpose of this document is to expedite the development of a RAP by providing detailed guidelines. This template will:
Standardize the submission format and content requirements;
Decrease document preparation time by providing guidance for the drafting process;
Improve the quality of RAP submittals, which will shorten OER’s review period and expedite approval of the document.
This template is intended to be generic and not site-specific. It is not intended to replace relevant guidance documents that govern the procedures for environmental assessment including the New York City Environmental Quality Review (CEQR) Technical Manual Air Quality and Noise Chapters and it is not a substitute for the OER review and approval process.
Throughout the template, there is text of different colors and highlighted bracketed items that are used to signify specific directions to adhere to while drafting the RAP. The following is a description of the color codes:
Blue text: Blue text is template text that is acceptable to OER for use in most RAP submissions. Retention of this blue text in the final submission with minimal changes will promote the timely acceptance of the RAP by OER; however, blue text should be edited where necessary and appropriate to reflect site-specific conditions.
Green text: Green text is conditional and provides direction to be used in the drafting process as a guide in the development of content in each section or sub-section of the RAP. All green text
must be deleted from the final document prior to RAP submission to OER.
[Highlighted text]: Highlighted text is a placeholder for site-specific information and should be used as a prompt to insert requested information and then deleted.
When submitting the RAP to OER, adhere to the following conventions:
Preserve the original blue color for all blue text that is not changed;
Use the ‘track changes’ redline/strikeout method for editing (removal or replacement) of any blue text (i.e., redline/strikeout method);
All green text in the template should be deleted prior to RAP submission; all text that is included in response to suggestions in green text should be inserted using track changes (i.e., redline/strikeout);
Replace text highlighted in yellow with site-specific information as requested;
Remove brackets and highlighting; and
Submit the track changes version as a Word file on CD along with a hard copy of a signed and stamped Project Submittal Cover Sheet and Certification Page (ii).
Adhering to this template is required by OER and is intended to significantly shorten the review period and approval process. This generic RAP template will be subject to periodic modification and improvement. To ensure that you have the most updated version check the OER website www.nyc.gov/OER or contact your OER Project Manager. As you work with this template, comments and suggestions regarding improvement of this document are welcome and can be sent to EDesignation@dep.nyc.gov.
I, [______________________], am a Professional Engineer/Registered Architect licensed in the State of New York. I have primary direct responsibility for implementation of the remedial action for the [Site name] Site. I certify that all architectural and engineering plans, specifications and associated designs included in the RAP have been personally developed by me or under my direct supervision, meet industry standards, and are appropriate for the intended purpose established in this Plan.
NYS PE/RA License Number
It is a violation of Article 130 of New York State Education Law for any person to alter this document in any way without the express written verification of adoption by any New York State licensed engineer in accordance with Section 7209(2), Article 130, New York State Education Law.
This Section must include two components, (1) a brief summary of the Air Quality and/or Noise E-Designation requirements, and (2) a brief and numbered summary of all elements of the proposed remedial action. These summaries should be complete but concise.
Site Description, Physical Setting and Site History
Identify the site name, E-Designation number (e.g., E-123), certification date, CEQR number, Site location and setting, current property use, surrounding property uses and proposed end use. Note whether the Applicant is the Owner or Representative.
Summary of Past Uses of Site
Briefly describe the Site history and all known past uses of the site.
Summary of the Air Quality and/or Noise E-Designation requirements
Briefly describe, in a numbered list, the general elements of the designation requirements.
Name of CEQR action, number, and date of certification.
Air Quality E-Designation requirements for block and lot(s).
Noise E-Designation requirements for block and lot(s).
Approved Noise monitoring protocol and results.
Include bullets for any additional tasks or Noise sampling/monitoring performed at the Site.
Summary of the Remedy
This remedial plan will achieve all of the objectives established for the project by the E-Designation requirements for Air Quality and Noise. The remedial plan is effective in both the short-term and long-term and is cost effective, implementable and uses standards methods that are well established in the industry.
Include a concise description, in a numbered list, of the elements of the construction design or selected remedy, including all Engineering and Institutional Controls, and the goals of each element in achieving compliance with the E-Designation requirements. To the extent possible, list items in the order they will be implemented. Examples of possible elements to include are given below:
Fuel requirements and fuel type to be used.
Stack set-back requirements and proposed location of exhaust stacks.
Required Outdoor-Indoor Transmission Class (OITC) and OITC rating of windows glazing and glazing description. Proposed window/wall attenuation level.
Note: Sound Transmission Class (STC) rating(s) is not acceptable.
Description of the Alternate Means of Ventilation (AMV).
REMEDIAL ACTION PLAN
[Applicant] is developing a site located at [address] in [borough], New York City and is identified as Block [xxxx] and Lot(s) [xxx] on the New York City Tax Map. Identify all full or partial tax lots. The remedial action described in this document will address all of the requirements of the Air Quality and Noise the E-Designation requirements, complies with applicable environmental standards, criteria and guidance and conforms with applicable City, State, and Federal laws and regulations.
1.1 Site Location and Description
The Site is located in [borough], New York City and is identified as Block [xxxx] and Lot(s) [xxx] on the New York City Tax Map. Identify all full or partial tax lots. This project has been assigned project number [OER Project #] by the NYC Office of Environmental Remediation (OER). Identify all project numbers associated with the Site (e.g., DEP Project #, CEQR #, etc.) Figure 1 shows the Site location. The Site is [#]-acres ([#]-sq.ft.) and is bounded by [road, feature] to the north, [road, feature] to the east, [road, feature] to the south, and [road, feature] to the west. A map of the site boundary is shown in Figure [#]. Currently, the Site is [describe current occupancy, description of building(s), and other pertinent Site features]. An E-Designation for [Air Quality and/or Noise (E-#)] was placed pursuant to the [Name of the rezoning or variance action] [Action Number (CEQR # xx DCP xxxx)] to render the Site protective of [Air Quality and/or Noise] impacts.
1.2 E-DESIGNATION REQUIREMENTS
Based on E-[#], the following requirements have been identified for this site:
Air Quality E-Designation requirements for Block [xxxx] and Lot(s) [xxx] requires [Air Quality requirements as per City Planning Appendix C];
Noise E-Designation requirements for Block [xxxx] and Lot(s) [xxx] requires [Noise requirements as per City Planning Appendix C].
A copy of the E-Designation documents and requirements found in the [EIS/EAS; City Planning Commission Zoning Resolution; Negative Declaration] is shown in Appendix B.
1.3 Proposed Renovation / Development Scenario
The future use of the Site will consist of [residential; commercial; industrial] use and will include [paved parking, open space, and commercial retail stores at ground level, residential space from second floor up, etc.]. The layout of the site development is presented in Figure 2. The current zoning designation, as per Department of City Planning NYC zoning maps, is [zoning designation and description]. The proposed use is consistent with existing zoning for the property. This RAP may only be implemented for this proposed development scenario.
Provide a detailed description of the proposed development scenario. Describe whether the project will result in a new building or a conversion, total square footage and breakdown by use type (e.g., residential, commercial), height of the building, number of floors, location of the site on block, length of street frontage, number of affordable housing units, number of market-rate residential units, description of construction material, etc. Submit as Appendix A, PDF copies of PE/RA stamped and signed typical floor plans and elevation drawings of each façade.
Appendix A shows copies of the PE/RA stamped and signed floor plans and elevation drawings of each façade.
Example: The proposed project consists of a 39-story, slab on grade, residential tower. There will be a grade-level open-space (landscaped, grass covered, etc.) area along the western edge of the site fronting the ABC Street; all other open space areas will be capped with concrete or asphalt. The proposed construction requires demolition of the existing on-site structures and excavation across the site to ten feet below grade surface (bgs).
Windows: The proposed development will have one fixed window and one operable casement type window. See further discussion under Section 2.2.1, Window/Wall Attenuation.
Heating, Ventilating and Air Conditioning:A central boiler, fired by natural gas, and located in the cellar, will circulate hot water to base-board radiator in each apartment. Each apartment will also have a through-the-wall air conditioning unit, as shown. See further discussion of A/C units under Section 2.2.2, Alternate Means of Ventilation.
Building Façade: External walls will be constructed as follows (from outside in): stucco over 1-inch rigid insulation; 5/8-in. exterior grade gypsum board; 6-in. light-gage steel studs with insulation between the studs; one layer of ½-in. gypsum board. (See Sheet A6 in Appendix H.) New floors (in both the existing and new areas) and the roof will consist of steel joists supporting plywood decking, with finished flooring above the plywood. Steel furring channels will be mounted beneath the floor joists, covered with 5/8-in. gypsum board. Interior partitions will be steel studs covered by gypsum wallboard (drywall).
2.0 description of the remedy
The proposed action satisfies the requirements of the E-Designation for [Air Quality and/or Noise] for the intended use of the property. The proposed action(s) will achieve all of the E-Designation requirements for the project. The proposed action(s) is effective in both the short-term and long-term, is cost effective and implementable, and uses standards methods that are well established in the industry.
2.1 AIR QUALITY
The Air Quality E-[##] for Block [xxxx] and Lot(s) [xxx] requires the use of [Air Quality requirements].
Insert the requirements of the specific E-Designation for Air Quality found in the environmental studies and archived on the OER website at: http://www.nyc.gov/html/oer/html/e_designation/ceqr.shtml.
Example:To avoid the potential for air quality impacts associated with boiler emissions, the proposed actions on the following properties (list of properties by block and lot) any new residential development on the above-referenced properties must use either Fuel #2 or natural gas as the type of fuel for space heating and hot water systems.
Example: Any new residential and/or commercial development on the above-referenced properties must ensure that the heating, ventilating and air conditioning stack(s) are located at least 55 and 43 feet for Oil No. 4 and No. 2 from the lot lines or use Natural Gas as the type of fuel for space heating, hot water, or HVAC systems, to avoid any potential significant adverse air quality impacts.
List all combustion sources such as boilers, HVAC systems, PTAC units, and specify if they are new or a replacement. Attach, as Appendix C, catalog cut sheets, manufacturer letters supporting the ability of the proposed equipment to use the proposed fuel, and stamped mechanical drawings showing either the gas lines or location of fuel tanks.
Example: To meet the Air Quality E-Designation requirement(s), the HVAC system, Model 123, manufactured by Company A will be fired by natural gas and the stack will be located on the roof, at a height of 160 ft. and 20 ft. from the east, 40 ft. from west, 30 ft. from south and 50 ft. from north side of the building as shown in drawing A8 provided in Appendix C. The HVAC system will provide hot and cold water for the building’s heating and cooling system. Two boilers will be installed in the cellar and share the same exhaust stack as the HVAC system as shown on drawings B2 and B10 provided in Appendix C. Domestic hot water will provided by the two boilers. Specifications for the two boilers and the HVAC system are provided in Appendix C.
A copy of catalog cut sheets, manufacturer letters of support for the proposed fuel, and stamped mechanical drawings of gas lines and fuel tanks are provided in Appendix C.
2.1.2 Stack Location
In order to satisfy the requirements of E-[##] [# of stacks] will be located on the roof. Stack [#] will be located [#] feet from the north line of lot, [#] feet from the east line of the lot, [#] feet from the south line of the lot, [#] feet from the west line of the lot.
Give setbacks for all stack locations. For projects that cannot meet the stack setback offer an explanation on how and why the proposed location meets the E-Designation requirements. If calculations are utilized to support the statement, submit the original spreadsheet, with formulas. Attach, as Appendix D, stamped mechanical drawings showing the location of the stack(s) and the distances and the calculations mentioned above.
Copies of the certified mechanical drawings are provided in Appendix D.
The Noise E-[##] for Block [xxxx] and Lot(s) [xxx] requires [noise requirements].
Insert the requirements of the specific E-Designation for Noise found in the environmental studies and archived on the OER website at: http://www.nyc.gov/html/oer/html/e_designation/ceqr.shtml.
Example: In order to insure an acceptable interior noise environment, future residential/commercial uses must provide a closed window condition with a minimum of 35 dB(A) window/wall attenuation, in order to maintain an interior noise level of 45 dB(A). In order to maintain a closed-window condition, an alternate means of ventilation must also be provided. Alternate means of ventilation includes, but is not limited to, central air conditioning or air conditioning sleeves, or containing air conditioners.
2.2.1 Window/Wall Attenuation
In order to satisfy the requirements of E-[##] a window/wall attenuation of [#]dBA will be achieved. In order to achieve such attenuation, windows manufactured by [manufacturer], model(s) [model #], with a glazing made of [inner lite; air space; outer lite] will be installed in each façade of the building. The proposed window has been rated with an OITC of [#] as certified by the Lab Test Report attached to this document. Appendix E includes copies of catalog cut sheets, model and manufacturer information on the proposed windows.
Example: Windows will be in pairs, consisting of one fixed window, combined with one operable, vertically hinged casement window. Casements will open out. The glazing of the fixed window consists of ¼” clear glass, ½” air space, ¼” clear glass. The OTIC rating is X. The glazing of the casement window consists of ¼” clear glass, ½” air space, ¼” clear glass The OTIC rating is X. The fixed window model is XYZ Fixed Window, manufactured by XYZ Window and Door. The casement window model is XYZ Casement Window, manufactured by XYZ Window and Door. Attachment E presents manufacturer’s catalog specifications for the selected window.
Attach, as Appendix E, catalog cut sheets, model and manufacturer information on proposed windows. For projects using more than one OITC rating, use a table to summarize the OITC, floors and façade. Attach, as Appendix F, a copy of the Lab Test Results supporting the OITC rating. A copy of the Lab Test Results supporting the OITC rating is provided in Appendix F.
If the OITC rating of the selected window is unavailable, provide a letter from the acoustical testing laboratory certifying that the OITC rating of the selected window can be considered equivalent to the OITC rating of a window of similar composition (e.g., same glazing). Under this scenario, please include the letter as Appendix G and make reference to the letter in this section.
If masonry façade elements will be used to calculate a composite window/wall attenuation value, provide a detailed description of the elements and their respective OITC ratings. Under this scenario, please provide all supporting documentation in Appendix H and make reference to the documentation in this section.
2.2.2 Alternate Means of Ventilation
In order to satisfy the requirements of E-[##] Alternate Means of Ventilation (AMV) will be installed in order to maintain a closed window condition. AMV for this project will be achieved by installing [PTAC units, central air, etc.].
Give a detailed explanation of the system, how fresh air will be provided in living spaces (use DOB guidelines to calculate volumes). Please use a table if different AMV are used on different floors. Attach, as Appendix I, PDF copies of PE/RA stamped and signed mechanical drawings clearly showing how fresh air will be delivered in the residential spaces, the location of PTAC, heat pumps and other ventilation components.
Example: Alternate means of ventilation in the residential and commercial spaces will consist of PTAC units (Model ABC) and a 50-ton roof-top mounted HVAC unit (Model 123), respectively. PTAC units will be installed under the window seal in the living rooms and bedrooms of the residential apartments. The location of the alternate means of ventilation for the residential and commercial spaces are clearly marked on drawing sheet(s) A1 and A3 provided in Appendix I. The PTAC units provide fresh air through air damper. The roof-top HVAC unit includes a fresh air make-up system. The PTAC units are manufactured by Company A of California and the roof-top HVAC unit is manufactured by Company B of Michigan. Specifications for the PTAC units and the roof-top HVAC unit are provided in Attachment I.
Example: Fresh air will be supplied from the roof mounted central air handling unit and dispersed throughout the apartment via re-circulating indoor heat pump units (see Mechanical Drawings and Engineer’s letter in Attachment I for more details).
Copies of PE/RA certified mechanical drawings depicting the fresh air, PTAC, and ventilation components are provided in Appendix I.
3.0 INSTALLATION REPORT GUIDLINES
An Installation Report (IR) will be submitted to OER following implementation of the remedial action defined in this RAP. The IR will document that the remedial work required under this RAP has been completed and has been performed in compliance with this plan. The IR will include:
Air Quality E-Designation
Letter stamped with a PE or RA seal certifying the completion of the installation of the HVAC system and/or boilers, as per the commitments specified in the Notice to Proceed and approved RAP – Section 2.1. The letter must specify the system and/or units’ manufacturer, model, type of fuel’s usage and where required, the location of the stack (e.g., distance from each edge of the building). In addition, the letter should include a brief description of the project (e.g., number of floors, building height, number of units/rooms, total square footage, etc.). If requesting a Notice of No Objection for a Temporary Certificate of Occupancy, the letter must specify the reasons for requesting it, the areas of the building for which the installations have and have not been completed, the floors and/or the residential units which will be covered by the TCO. Please use a table listing the apartments to be included and excluded from the TCO request, by floor. Note: Notice of No Objection requests for TCO applications are for large scale development projects (only) and are issued by OER on a case by case basis.
Signed and stamped gas riser diagram or plan showing the location of the fuel tank (highlighted), marked “AS-BUILD”.
Signed and stamped plans, marked “AS-BUILD”, showing the location of the stack (highlighted) and the distances (highlighted) from each edge of the building (ONLY IF REQUIRED BY E-DESIGNATION).
Pictures of natural gas meter, tank where present, line connection to the HVAC system or boiler(s), HVAC system or boiler(s), stack.
Letter stamped with a PE or RA seal certifying the completion of the installation of all the windows and alternate means of ventilation’s components, as per the commitments specified in the Notice to Proceed and approved RAP – Section 2.12. The letter must specify the windows’ manufacturer, model, and glazing composition (e.g., ¼-inch glass, ½-inch air space, ¼-inch glass), and the alternate means of ventilation’s manufacturer and model. In addition, the letter should include a brief description of the project (e.g., number of floors, building height, number of units/rooms, total square footage, etc.). If requesting a Notice of No Objection for a Temporary Certificate of Occupancy, the letter must specify the reasons for requesting it, the areas of the building for which the installations have and have not been completed, the floors and/or the residential units which will be covered by the TCO. Please use a table listing the apartments to be included and excluded from the TCO request, by floor. Note: Notice of No Objection requests for TCO applications are for large scale development projects (only) and are issued by OER on a case by case basis.
Signed and stamped elevations, marked as “AS-BUILD”, showing the locations of the different windows and glazing as described in Section 2.2.1
Signed and stamped plans, marked as “AS-BUILD”, showing the locations of the alternate means of ventilation (AMV) as described in Section 2.2.2
Pictures (maximum of two 4” X 6” or larger photos per page) of each façade of the building, installed windows (interior and exterior) and alternate means of ventilation (interior and exterior).
The letter must be submitted both as hard and digital copies. All other material can be submitted electronically.
3.1 Installation Report Certification
The following certification will appear in front of the Executive Summary of the Installation Report. The certification will include the following statements:
I, ________________________, am currently a [registered professional engineer or registered architect] licensed by the State of New York. I had primary direct responsibility for implementation of the remedial program for the [Site name] Site (NYC Block [xxxx] and Lot(s)[xxx] ).
I certify that the Site description presented in this IR is identical to the Site description and associated amendments presented in the Notice to Proceed issued by DEP/OER to the NYC DOB on [date].
I certify that the OER-approved Remedial Action Plan dated [month, day, year] and Stipulations in the Notice to Proceed [month, day, year] were implemented and that all requirements in those documents have been complied with.
I certify that the remedial activities were observed by qualified environmental professionals under my supervision and that the remediation requirements set forth in the Remedial Action Plan have been achieved.
I certify that all information and statements in this certification are true. I understand that a false statement made herein is punishable as Class “A” misdemeanor, pursuant to Section 210.45 of the Penal Law.
NYS PE/RA License Number
Date FIGURE 1
Site Location Map
Area Land Usage and Adjacent Properties
Insert PDF copies of RA stamped and signed typical floor plans and elevation drawings of each façade.
E-Designation Documents and Requirements [E-XXX]
[Name of the Rezoning or Variance Action]
CEQR # [xxDCPxxxx]
[Certification Month Day, Year] Insert a copy of the Negative Declaration, City Planning Commission Zoning Resolution, or Chapter of EIS/EAS pertaining to E-Designation requirements.
Boilers/HVAC System Specifications
Insert catalog cut sheets, model information, and manufacturer letters supporting the ability of the proposed equipment to use the proposed fuel along with stamped mechanical drawings showing either the gas lines or location of fuel tanks.
Insert PDF copies of PE/RA stamped mechanical drawings showing the location of the stack(s) with any supporting calculations and spreadsheets.
Insert catalog cut sheets, model and manufacturer information on proposed windows.
APPENDIX F Acoustical Laboratory Test Report
Insert a copy of the acoustical laboratory test results supporting the OITC rating.
Letter(s) from the Testing Lab and/or Manufacturer
If the OITC rating of the selected window is unavailable, provide a letter from the acoustical testing laboratory certifying that the OITC rating of the selected window can be considered equivalent to the OITC rating of a window of similar composition (e.g., same glazing).
Sound Attenuation Ratings for Façade Elements
If masonry façade elements will be used to calculate a composite window/wall attenuation value, provide a detailed description of the elements and their respective OITC ratings.
Specifications for Alternate Means of Ventilation and Fresh Air Supply Certified Statement from Mechanical Engineer
Insert PDF copies of PE/RA stamped and signed mechanical drawings clearly showing how fresh air will be delivered in the residential spaces, the location of PTAC, heat pumps and other ventilation components.