ENVIRONMENTAL REVIEW ENVIRONMENTAL COMPLIANCE PROCESS FOR HUD - - PowerPoint PPT Presentation

ENVIRONMENTAL REVIEW

ENVIRONMENTAL COMPLIANCE PROCESS FOR HUD GRANTEES

National Environmental Policy Act of 1969

Signed into law, January 1, 1970

Nixon named Man of the Year in 1972, environmental policy cited.

CEQ issues NEPA Regulations

 President Carter issued an Executive Order

authorizing the CEQ to establish definitive regulations for implementation of NEPA.

 Issued on Nov 29, 1978, effective on Nov 30, 1979  40 CFR Part 1500  1500.6 Instructed federal agencies to adopt their

• wn specific NEPA implementation regulations. (24

CFR 58 & 50)

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HUD’s Environmental Regulations

 24 CFR Part 58 -- Local Government Review

 Unit of Local Government accepts HUD responsibility

 24 CFR Part 51 -- Manmade Hazards

 Noise  Explosives and Thermal  Runway Clear Zones

 24 CFR Part 55 -- Floodplains & Wetlands

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HUD Environmental Review Procedures

 incorporates CEQ regulations  assumption procedures for unit of local

government

Responsible Entity – accepts federal status

 applicable to most HUD programs

defines levels and thresholds of

environmental reviews

 procedures for Release of (environmental

restriction) Funds process

Who’s Responsible? 58.4

State Disaster Funds

Grants to Local Government

LG Responsible RROFs to State

Grants to Others

State Responsible RROF to HUD Headquarters

HUD Responsibilities Under Part 58

 Approve HUD

7015.15 RROF and Certification

 Complete

7015.16: Removal

• f Grant Condition

 Maintain log

4/3/2013

24 CFR 58.22 Limitations on Activities Pending Clearance

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Essential Concept

The physical activities

cannot begin until the ER is complete

No after the fact reviews

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EXCEPTIONS

 HUD guidance on allowance for reimbursement

actions under H.R. 152 Hurricane Sandy Supplemental Appropriation

 Only Single Family Residential Minor Rehab

 Conducted/committed to prior to action plan.  Must meet minor rehab definition and be exempt from

8 step flood process

 Outside of floodway

 Flood Insurance is still required  ERR will be conducted post commitment

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THE ENVIRONMENTAL REVIEW PROCESS

• 1. Define the Project(s)
• 2. Determine Level of

Environmental Review

• 3. Conduct the

Environmental Review

• 4. Establish

Environmental Review Record

• 5. Complete Release of

Funds Process (Pt 58)

• 6. Commit or Spend

Funds for Project

• 7. Re-evaluate if project

changes

Initial Project Screening

 Receive Project Application  Project Description

 Should focus on the physical nature of the

proposed activities, the more detail provided the

• better. This is essential for properly determining

the level of review.

 Project Location  Budget

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Exempt and Categorically Excluded Not Subject To

 No physical impact upon the environment – by

their very nature

 Exempt Activities listed under 58.34(a)  Additional activities listed under 58.35(b) as

Categorically Excluded Not Subject To the related laws & authorities

 E.g., Administrative and management activities,

engineering and design costs, limited emergency responses

Emergency Actions

 Temporary forbearance  24 CFR 58.34(a)(10)  Actions necessary to control the immediate

impacts of the emergency

 HUD Guidance: Exemptions for Disasters and

Imminent Threats (May 16, 2008)

Levels of Review Categorically Excluded Activities listed at 24 CFR Part

58.35(a):

 ARE subject to:

 the Laws and Authorities, but  NOT NEPA

 Require Statutory Checklist

Categorically Excluded Activities

24 CFR 58.35(a)(3)

1.

Rehabilitation of buildings and improvements when the following conditions are met:

Categorically Excluded Activities

24 CFR 58.35(a)(3)

i.

In the case of a building for residential use (with one to four units), the density is not increased beyond four units, the land use is not changed, and the footprint of the building is not increased in a floodplain or in a wetland;

Categorically Excluded Activities

24 CFR 58.35(a)(3)

• ii. In the case of multifamily

residential buildings:

• A. Unit density is not changed more than 20 percent;

B.The project does not involve changes in land use from residential to non-residential; and

• C. The estimated cost of rehabilitation is less than

75 percent of the total estimated cost of replacement after rehabilitation.

Categorically Excluded Activities

24 CFR 58.35(a)(3)

• iii. In the case of non-residential structures,

including commercial, industrial, and public buildings:

• A. The facilities and improvements are in place and

will not be changed in size or capacity by more than 20 percent; and

• B. The activity does not involve a change in land

use, such as from non-residential to residential, commercial to industrial, or from one industrial use to another.

Environmental Assessment 24 CFR 58.36

What activities require an EA:

 Change in use  Rehab value > 75%  New Construction

Environmental Assessment 24 CFR 58.36

 Alternatives

 Requires Environmental Finding  Access the EXTENT of Environmental

Impact

Action From Assessment

FONSI – Finding of No Significant Impact May involve modifications or mitigation FOSI – Finding of Significant Impact Project will require an EIS

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Environmental Impact Statement

 high thresholds for HUD projects (e.g.,

2500+ dwelling units)

 includes 58.5 & 58.6 review  requires notices, draft & final EIS, etc

published in Federal Register

 requires RROF

Laws and Authorities 58.5

 Historic Preservation  Floodplain & Wetlands  Coastal Zone  Aquifers  Endangered Species  Wild & Scenic Rivers  Air  Farmlands  HUD Env. Standards – Noise, Acceptable

Distance, Toxics, Runway Clear Zones

 Environmental Justice

Historic Resources – Section 106

 Applies to any listed or eligible historic

resources

 Resources can be buildings, sites, districts or

archeological sites

 Building are generally over 50 years in age or

younger if identified with a significant historical event.

 Contact your State Historic Preservation Officer

to identify eligible resources and determine impact avoidance strategies.

SHPO Consultations

 Work with your FEO  Programmatic Agreements can be helpful for

expediting review times on individual sites.

 Standard consultations can take a minimum of

30 days for SHPO concurrence.

 Complex projects can take much longer  Begin Consultation early in process.

Floodplains – Part 55 Compliance

 Applies to federal actions

within FEMA mapped floodplains

 24 CFR Part 55.12

defines what activities may be exempt

 Non-exempt activities are

subject to an 8 step review process

Floodplain Compliance – 8 steps

 Identify floodplains  Early notice of proposed activity – 15 days  Evaluation of potential impacts (steps 3 & 4)  Determination of measures to offset, minimize

• r mitigate floodplain impacts (steps 5 & 6)

 Decision & Final Notice – 7 days  Implement Actions  http://portal.hud.gov/hudportal/HUD?src=/progra

m_offices/comm_planning/environment/review/fl

• odplain

Other Requirements 24 CFR 58.6

 National Flood Insurance Program  Coastal Barrier Resources Act  Runway Clear Zones

Flood Insurance

Purchase of Flood Insurance is mandatory for properties assisted with HUD funds & located in the Special Flood Hazard Area (SFHA) 100 year flood plain

Coastal Barriers Coastal Barrier Resources Act Prohibits Federal funding for projects in coastal barriers. Consult DOI Maps

Adopting FEMA Reviews

 Only allowed under H.R. 152 Hurricane Sandy

Supplemental Appropriation

 HUD grantees providing supplemental assistance to

actions under certain sections of the Stafford Act

 HUD grantees may adopt environmental reviews

performed by another federal agency

 Submit a RROF to HUD with a copy of review  No notices or comment periods are required  Policy Guidance memo dated 4 March 2013