ENVIRONMENTAL ISSUES

ENVIRONMENTAL ISSUES

ENVIRONMENTAL ISSUES

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Environmental Changes for 2010 NOFAS

Environmental Changes for 2010 NOFAS

New Requirements:• Application processing stage

– Environmental Report• New requirement• 202s, 811s as Cat A• Not curable deficiency• To help HUD with prelim environmental

review

New Requirements:• Application processing stage

– Environmental Report• New requirement• 202s, 811s as Cat A• Not curable deficiency• To help HUD with prelim environmental

review

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Environmental ChangesEnvironmental Changes

Environmental Report

• Separate from Phase I ESA• Per NOFA: should focus on

– State environmental requirements– Relevant topics in SFNC and 4128– Per NOFA HP, FP wetlands, endangered

species, noise, fire/explosive hazards, CZM, flood zones

Environmental Report

• Separate from Phase I ESA• Per NOFA: should focus on

– State environmental requirements– Relevant topics in SFNC and 4128– Per NOFA HP, FP wetlands, endangered

species, noise, fire/explosive hazards, CZM, flood zones

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Environmental Changes Environmental Changes

Phase I Environmental Site Assessment (ESA),

– Phase I Environmental Site Assessment no longer curable deficiency

– Vapor Encroachment analysis– Environmental Professional (EP) requirements

laid out– Applicant to fill out “User Questionnaire “and

provide to EP, to be included in Phase I ESA– Applicant to inform EP of reasons and

requirements for the Phase I ESA– Findings, Opinions, and Conclusions

requirements described in greater detail– More detailed discussion of Phase I ESA timing

requirements

Phase I Environmental Site Assessment (ESA),

– Phase I Environmental Site Assessment no longer curable deficiency

– Vapor Encroachment analysis– Environmental Professional (EP) requirements

laid out– Applicant to fill out “User Questionnaire “and

provide to EP, to be included in Phase I ESA– Applicant to inform EP of reasons and

requirements for the Phase I ESA– Findings, Opinions, and Conclusions

requirements described in greater detail– More detailed discussion of Phase I ESA timing

requirements

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Environmental Changes, contd. Environmental Changes, contd.

Phase II ESA when required

– Must be submitted with application– Must address all Recognized

Environmental Conditions (REC) and Vapor Encroachment Conditions (VEC) identified in Phase I ESA

– To address on-site and off-site RECs and VECs

Phase II ESA when required

– Must be submitted with application– Must address all Recognized

Environmental Conditions (REC) and Vapor Encroachment Conditions (VEC) identified in Phase I ESA

– To address on-site and off-site RECs and VECs

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Environmental changes, contd. Environmental changes, contd.

Clean-up

• Clean-up plan and associated documentation outlined below must be submitted with application

• Risk-based Corrective Action (RBCA) now allowed

• Contract for any remediation not required at application processing

• Estimate only of clean-up costs required with application

Clean-up

• Clean-up plan and associated documentation outlined below must be submitted with application

• Risk-based Corrective Action (RBCA) now allowed

• Contract for any remediation not required at application processing

• Estimate only of clean-up costs required with application

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Clean-up• Approval of remediation plan from the

federal, State or local authorities not mandatory at application Processing stage

• Final clean-up plan prior to FIRM

• Completion of work prior to final closing or initial occupancy, whichever comes first with feasibility statement to same in NOFA

• Clarifies how clean-up an allowable cost

Clean-up• Approval of remediation plan from the

federal, State or local authorities not mandatory at application Processing stage

• Final clean-up plan prior to FIRM

• Completion of work prior to final closing or initial occupancy, whichever comes first with feasibility statement to same in NOFA

• Clarifies how clean-up an allowable cost

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Hazard Identification and Remediation


• Groundwater exception to complete clean-up of site

– All contamination in GW at least 25 feet below surface

– No groundwater use in area or active water supply wells on site

• Groundwater exception to complete clean-up of site

– All contamination in GW at least 25 feet below surface

– No groundwater use in area or active water supply wells on site

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Environmental ChangesAsbestos requirements

Environmental ChangesAsbestos requirements

When Comprehensive Building Asbestos Survey required– ASTM E 2356-10 “Standard Practice for

Comprehensive Building Asbestos Surveys.”• “baseline survey”

•Not required if no pre-1978 or 4 or fewer units.

When Comprehensive Building Asbestos Survey required– ASTM E 2356-10 “Standard Practice for

Comprehensive Building Asbestos Surveys.”• “baseline survey”

•Not required if no pre-1978 or 4 or fewer units.

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Comprehensive Building Asbestos Survey

Comprehensive Building Asbestos Survey

• Not required if sponsor statement that no Pre-1978 structures or only 1-4 units residential on site

• Asbestos screen not acceptable

• Friable or affected by rehabilitation/demolition – abate

• Other asbestos: O&M plan

• Not required if sponsor statement that no Pre-1978 structures or only 1-4 units residential on site

• Asbestos screen not acceptable

• Friable or affected by rehabilitation/demolition – abate

• Other asbestos: O&M plan

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Floodplains and WetlandsFloodplains and Wetlands

Sponsors should try to select sites out of

– 100-year floodplain– 500-year floodplain for critical

actions: special care; i.e..., not independent living projects

– Wetlands

Sponsors should try to select sites out of

– 100-year floodplain– 500-year floodplain for critical


– Wetlands11

Environmental Changes ENVIRONMENTAL REVIEW PROCESS Environmental Changes ENVIRONMENTAL REVIEW PROCESS

Application Processing Stage • Preliminary environmental Reviews– Except Technical reject for: floodway,

coastal high hazard, 100-year flood plain

• Not constitute HUD environmental approval of project site

Application Processing Stage • Preliminary environmental Reviews– Except Technical reject for: floodway,

coastal high hazard, 100-year flood plain

• Not constitute HUD environmental approval of project site

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Environmental Changes ENVIRONMENTAL REVIEW PROCESS Environmental Changes ENVIRONMENTAL REVIEW PROCESS

Approved grantees

– If site deemed environmentally unacceptable:• Pursuant to NOFA, fund reservation

may be cancelled• So, in Environmental Report make

sure to address issues

Approved grantees

– If site deemed environmentally unacceptable:• Pursuant to NOFA, fund reservation

may be cancelled• So, in Environmental Report make

sure to address issues

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Environmental Rating

– HUD will deduct 2 points if HUD’s preliminary environmental review determines that there are obvious adverse environmental conditions and appropriate mitigation of such does not appear to be achievable within 6 months of the fund reservation date.

Environmental Rating

– HUD will deduct 2 points if HUD’s preliminary environmental review determines that there are obvious adverse environmental conditions and appropriate mitigation of such does not appear to be achievable within 6 months of the fund reservation date.

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General General

• 202/811 Sponsors and HUD are partners

• HUD wants Sponsors to– Find a site with no concerns/easily

resolvable concerns, especially• Toxic Hazards• Historic Preservation• Floodplain or Wetland

• 202/811 Sponsors and HUD are partners

• HUD wants Sponsors to– Find a site with no concerns/easily

resolvable concerns, especially• Toxic Hazards• Historic Preservation• Floodplain or Wetland

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• Phase I Environmental Site Ass

• essment (ESA) Must use ASTM 1527-05, as amended

• Phase I Environmental Site Ass

• essment (ESA) Must use ASTM 1527-05, as amended

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Vapor Encroachment ScreenVapor Encroachment Screen

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Comprehensive Building Asbestos Surveys

Comprehensive Building Asbestos Surveys

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Hazard I&R Hazard I&R

Phase I ESA

– Tech reject• If use earlier version of 1527• Failure to use Appendix X4• Failure to use Sections 12.5, 12.6, 12.8• Failure to follow new/revised requirements

discussed earlier

Phase I ESA

– Tech reject• If use earlier version of 1527• Failure to use Appendix X4• Failure to use Sections 12.5, 12.6, 12.8• Failure to follow new/revised requirements

discussed earlier

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Choosing an Environmentally “Safe”

Site

Choosing an Environmentally “Safe”

Site• Accessed through WEB page of 202/811

SuperNOFA• Excellent discussion• Discusses Phase I ESAs, especially for

202/811 programs• Special discussions on– Toxic & hazardous substances– USTs– Asbestos– LBP

• Accessed through WEB page of 202/811 SuperNOFA

• Excellent discussion• Discusses Phase I ESAs, especially for

202/811 programs• Special discussions on– Toxic & hazardous substances– USTs– Asbestos– LBP

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Choosing an Environmentally “Safe” Site

Supplemental Guidance

Choosing an Environmentally “Safe” Site

Supplemental Guidance

• Accessed through Funds Available Web page for the 202/811 Programs

• Discusses manmade hazards as well as items that HUD may look at during environmental review

• Accessed through Funds Available Web page for the 202/811 Programs

• Discusses manmade hazards as well as items that HUD may look at during environmental review

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HUD Form 4128HUD Form 4128

• Used to record environmental review

• HUD appraiser performs site visit and records results on the “Sample Field Notes Checklist”

• Used to record environmental review

• HUD appraiser performs site visit and records results on the “Sample Field Notes Checklist”

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• Test• Test

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testtest

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Historic PreservationHistoric Preservation

• Sample letter to SHPO/THPO– Accessed through HUD WEB page of

202/811 SuperNOFA– Developed by HUD HPO– Includes all information necessary for

SHPO/ THPO to provide comment– Allows for dual response to sponsor &

HUD– Some Field Offices might have other

sample letters

• Sample letter to SHPO/THPO– Accessed through HUD WEB page of

202/811 SuperNOFA– Developed by HUD HPO– Includes all information necessary for

SHPO/ THPO to provide comment– Allows for dual response to sponsor &

HUD– Some Field Offices might have other

sample letters

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• If HUD needs to contact SHPO– will be done only for approved

applications

• HUD will complete HP prior to FIRM– At application stage if HUD believes it

will take longer than 6 months – minus 2 points

• If HUD needs to contact SHPO– will be done only for approved

applications

• HUD will complete HP prior to FIRM– At application stage if HUD believes it

will take longer than 6 months – minus 2 points

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If HUD possesses knowledge that a site might have Religious or Cultural Significance to Indian tribe or Native Hawaiian Organization

– HUD will request their comments

If HUD possesses knowledge that a site might have Religious or Cultural Significance to Indian tribe or Native Hawaiian Organization

– HUD will request their comments

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HUD HP Archeological Survey Policy

HUD HP Archeological Survey Policy

• HUD rarely requires (even if SHPO requests such)– HUD HP fact sheet 6 REVISED

• http://www.hud.gov/offices/cpd/environment/review/hpfactsheet06.pdf

– Proposed or adjacent site already determined eligible/listed

– Preliminary site work (e.g. previous surveys or predictive models) has established eligibility

• HUD rarely requires (even if SHPO requests such)– HUD HP fact sheet 6 REVISED

• http://www.hud.gov/offices/cpd/environment/review/hpfactsheet06.pdf

– Proposed or adjacent site already determined eligible/listed

– Preliminary site work (e.g. previous surveys or predictive models) has established eligibility

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• Sponsors should try to select sites out of – 100-year floodplain– 500-year floodplain for critical


– Wetlands– Reminder: 6 months – minus 2

points

• Sponsors should try to select sites out of – 100-year floodplain– 500-year floodplain for critical


– Wetlands– Reminder: 6 months – minus 2

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• For new construction projects deemed acceptable based on no practicable alternatives, condition on approval documents– CLOMA/CLOMR prior to firm– FLOMA/FLOMR prior to final closing– Flood insurance during construction

• For new construction projects deemed acceptable based on no practicable alternatives, condition on approval documents– CLOMA/CLOMR prior to firm– FLOMA/FLOMR prior to final closing– Flood insurance during construction

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ENVIRONMENTAL ISSUES

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