Transcript Key Term: Responsible Entity

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, [email protected]
– Sara Jensen, Field Environmental Officer, (206)
220-5226, [email protected]
• Other regions visit
http://www.hud.gov/offices/cpd/environment/c
ontact/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.
Threshold of
Feeling
Threshold of Hearing
Physiological
Damage
Milestones
Threshold of
0
Audibility
6
7
5
5
Leaves
Rustling
Average
Office
Noisy Urban
Street
Threshol
d of Pain
140
Near Jet
Engine
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