HUD Environmental Review Requirements

November 30,2010

HUD environmental staff

• For Northwest Region (AK, ID, OR, WA)– Deborah Peavler-Stewart, Regional Environmental

Officer,(206) 220-5414, Deborah.Peavler-Stewart@hud.gov

– Sara Jensen, Field Environmental Officer, (206) 220-5226, Sara.Jensen@hud.gov

• Other regions visit http://www.hud.gov/offices/cpd/environment/contact/localcontacts/

Why Conduct Environmental Reviews?

• Avoid or mitigate environmental effects that may harm our clients

• Avoid or mitigate any harm to the surrounding environment

• Preclude successful legal action to stop project on environmental grounds

• Secure the value of public investment • REQUIRED

The Key HUD Regulations

• Two HUD regulations implement NEPA and related authorities:– 24 CFR Part 50

Environmental Review performed by HUD– 24 CFR Part 58

Environmental Review performed by tribes and units of local government (Responsible Entities)

• Content of the reviews essentially the same.

Who completes the review?

Key Term: Responsible Entity• RE can be a State, unit of general local

government, Indian tribe or Alaska Native Village. (24 CFR 58.2(a)(7))

• Non-profits and Tribal Housing Authorities can not be a responsible entity.

• An RE assumes responsibility for:– Environmental review and decision-making– Environmental action that would apply to HUD under

NEPA

Who completes the review?

Key Term: Recipient• The recipient is the entity that receives

financial assistance directly from HUD.

• Recipient provides information to the responsible entity

Levels of Environmental Review

• 58.34(a) – Exempt Activities

• 58.35(b) – Categorical exclusions not subject to the laws and authorities at 58.5

• 58.35(a) – Categorical exclusions subject to the laws and authorities at 58.5

• 58.36 – Environmental Assessment

• 58.37 – Environmental Impact Statement

Content of Review

• Laws and Authorities

• HUD specific Standards

Floodplain

2 requirements

• Flood Insurance

• Flood management-avoid development

Wetlands

• Avoid direct or indirect development in wetlands

• Use National Wetlands Inventory or local or tribal resources that show wetlands

• 8 step process if want to develop in wetland

Historic Preservation Eligible or Not?

Eligible or Not?

Historic Preservation

• Contact SHPO (State Historic Preservation Officer) or THPO (Tribal Historic Preservation Officer)

• RE needs to contact interested tribes for ground disturbance.

Endangered Species

• Big issue in Northwest

• All development has potential to impact fish, Stormwater management is key

• Endangered Species Act also covers animals, birds, plants and insects

• Can take a long time

• Sole Source Aquifer: If on Sole Source Aquifer have to meet condition on checklist or RE has to consult with EPA

• Air Quality: Determine if in non-attainment area

• Environmental Justice: Consider if disproportionate impact on L/M or minorities

HUD Standards

• Noise

• Hazardous Operations

• Toxics

• Airport Clear Zones

Runway Clear Zones

Two elements

• Prevent incompatible development around civil and military airfields (24 CFR Part 51(D))

• Require notification for purchase or sale of an existing property (24 CFR Part 58.6(d) and 51.303(a)(3))

Noise Standards

– Outdoor Standards (24CFR51.103):• Acceptable Range: < 65 dBs• Normally Unacceptable Range: > 65 dBs < 75 dBs• Unacceptable Range: > 75 dBs

– Indoor Standard (24CFR51.101(a)(9)): 45 dBs Max.

0 75

65

140

Threshold of PainThreshold of Hearing

Damage

Threshold of Feeling

Noisy Urban Street

Average Office

Leaves Rustling

Threshold of Audibility

Near Jet Engine

Physiological Milestones

Relational Examples

Siting of HUD assisted projects near hazardous facilities

Toxic Chemicals

• All property proposed for HUD program assistance shall be free of hazardous materials, contamination, toxic chemicals, gasses and radioactive substances if:

• the hazard could affect the health and safety of occupants or conflict w/ intended utilization of property

When to Complete the Environmental Review

• DO NOT START PROJECT UNTIL REVIEW HAS BEEN COMPLETED

• If Request for Release of Funds (RROF) required, RE must receive clearance from HUD prior to starting project

• Applies to partners and non-HUD sources of funds.

How to Coordinate Environmental Reviews

• Encourage coordination to avoid duplication

• Laws and Authorities the same– 4 HUD specific: Noise, Toxins, Acceptable

Separation Distance from Tanks, Airports

• Level of Review, documentation and public notice requirements may differ.

• Questions