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ENVIRONMENTAL ISSUES. 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. Environmental Changes. Environmental Report

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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

Environmental changes
Environmental 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 changes1
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

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

Environmental changes contd1
Environmental changes, contd.


  • 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

Environmental changes2
Environmental Changes


  • Approval of remediation plan from the federal, State or local authorities not mandatoryat 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

Hazard identification and remediation
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

Environmental changes asbestos 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.

  • 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

    Floodplains and wetlands
    Floodplains 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

    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

    Environmental changes environmental review process1

    Approved grantees

    • If site deemed environmentally unacceptable:

      • Pursuant to NOFA, fund reservation may be cancelled

      • So, in Environmental Report make sure to address issues

    Environmental changes3
    Environmental Changes

    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.


    • 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

    Hazard identification and remediation1
    Hazard Identification and Remediation

    • Phase I Environmental Site Ass

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

    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

    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

    Choosing an environmentally safe site supplemental guidance
    Choosing an Environmentally “Safe” SiteSupplemental 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

    Hud form 4128
    HUD Form 4128

    Used to record environmental review

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

    Environmental issues


    Historic preservation
    Historic Preservation

    • Sample letter to SHPO/THPO

      • Accessed through HUD WEB page of202/811 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

    Historic preservation1
    Historic Preservation

    • 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

    Historic preservation2
    Historic Preservation

    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

    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

    Floodplains and wetlands1
    Floodplains 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

      • Reminder: 6 months – minus 2 points

    Floodplains and wetlands2
    Floodplains and Wetlands

    • 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