Environmental Issue/Concern



HUD Guide to Environmental Compliance: NEPA-Related Statutes, Authorities and Requirements

24 CFR Parts 58.5 & 50.3/50.4 – NEPA-Related Federal laws and authorities

|Environmental Issue/Impact |Generally Applicable Activities|Threshold for Action |Source Documentation (Map/On-line |Action Required |Further Information |

|(Statute, Authority &/or | |(Analysis/Evaluation/ |Listing/ Agency Contacts) | | |

|Regulation) | |Consultation) | | | |

|1. Air Quality | Acquisition of undeveloped |Project is located in an |Designated non-attainment and |A determination of conformity with the|Conformity to SIP is made by: |

| |land |EPA-designated non-attainment |maintenance areas are listed on EPA |State Implementation Plan (SIP) is |Regional or Metropolitan |

|Clean Air Act of 1970, as |Change of land use |area or maintenance area for one |web site: |required with respect to the proposed |Planning Organization (MPO); |

|amended (42 U.S.C. 7401 et |Demolition |or more of six “criteria | |activity and the specific pollutant |or |

|seq.), particularly 7506 |Major rehabilitation |pollutants,” called National | |for which the area was designated a |EPA Regional Office. |

|(c) & (d). |New construction |Ambient Air Quality Standards |County-level air quality data: |non-attainment or maintenance area. | |

| | |(NAAQS). | |Status of non-attainment areas|

|40 CFR parts 6, 51, and 93 | | |ultipol.html | |and EPA policy questions are |

|(EPA) | |Criteria pollutants (NAAQS): | |Document that the activity does/does |addressed by EPA Regional |

| | | of non-attainment areas: |not require SIP compliance. Contact |Office. |

|CAA of 1990, Sec. 112; 40 | |tml | MPO or EPA to determine if the | |

|CFR Part 61 (NESHAP) | | |p_download.html |proposed activity is one that requires|EPA Region 7 SIPs, State and |

| | |Asbestos: | |a permit under the SIP. If yes, |local AQ contacts: |

| | |EPA “AirData” maps and visualization |obtain letter of consistency showing |

|title1.html | |Comprehensive Building Asbestos |tools: |that the project is consistent with |r/index.htm |

| | |Survey are used for ongoing | |the SIP. | |

| | |management of asbestos-containing| | |HUD Q&A: |

| | |materials, including Operations |Asbestos: | |

| | |and Maintenance (O&M), removal, | | |nmental-review/air-quality/ |

| | |actions associated with |ASTM “Standard Practice for | | |

| | |renovations, and prior to |Comprehensive Building Asbestos | | |

| | |demolition of a building or |Surveys” | | |

| | |facility. |(E2356-14): | | |

| | | | | |

| | | |arch.html?query=E%202356-10& | | |

|2. Airport Hazards (Clear | Acquisition for construction |Project is located within 2,500 |Airport clear zone and accident |RCZ/CZ: New construction, major |Contact airport operator or |

|Zones & APZ) |Change in land use |feet of the end of a civil |potential zone (APZ) maps are |rehabilitation, and activities that |nearest FAA District office. |

| |Increase in density |airport runway or 15,000 feet of |available from airport operations |significantly prolong physical or | |

|24 CFR Part 51-D “Siting of|Major (‘substantial’) |the end of a military airfield |authority. |economic life of the property are |Airport locations: |

|HUD-Assisted Projects in |rehabilitation |runway. | |prohibited. |Civil NPIAS |

|Runway Clear Zones at Civil|New construction | |Civil airport: The Airport Layout Plan| |

|Airports and Clear Zones | |HUD policy is to promote |shows the Runway Clear Zone (RCZ), |APZ: HUD assistance in APZ is |anning_capacity/npias/reports/|

|and Accident Potential |Applicable airports: |compatible land uses in |[a.k.a. Runway Protection Zone]. |discouraged, and project must be |and |

|Zones at Military |Civil airport designated in |RCZ/CZ/APZ. | |compatible with DOD land use |

|Airfields” (HUD) |Nat’l Plan of Integrated | |Military airfield: The AICUZ Study |guidelines for APZs. |/ |

| |Airport System (NPIAS): | |shows the CZ and APZ. | | |

| | | | | |Military Bases: |

| | | | |

| |nning_capacity/npias/reports/ | | | |military/facility/conus.htm |

| | | | | |and |

| |All military air installations | | | |

| | | | | |s.html |

| |(Note: See also Clear Zone | | | | |

| |notification requirement, page | | | | |

| |13.) | | | |HUD Q&A: |

| | | | | |

| | | | | |nmental-review/airport-hazards|

| | | | | |/ |

|3. Coastal Zone Management | Acquisition of undeveloped |Project is located in a state |CZM maps are on NOAA (Nat’l Oceanic & |State CZM agency (or its approved |NOAA: |

| |land |having a Coastal Zone Management |Atmospheric Administration) web site: |local designee) must concur with a |

|Coastal Zone Management Act|Change of land use |(CZM) Program. | (or issue permit) in evidence |gov/welcome.html |

|of 1972, as amended (16 |Major rehabilitation | |ate/welcome.html |that project is consistent with | |

|U.S.C. 1451 et. seq., |New construction | | |approved State CZM plan. | |

|particularly section | | | | |HUD Q&A: |

|1424(e)). | | | | |

| | | | | |nmental-review/coastal-zone-ma|

| | | | | |nagement/ |

|4. Contamination and Toxic | Acquisition |Project is located on or near |Documentation may consist of Phase I |Due diligence must be exercised to |EPA Envirofacts Data: |

|Substances |Disposition |site that contains hazardous |environmental site assessment (ASTM |ascertain the presence of | |

| |Conversion from |materials, contamination, toxic |standard practice E1527-13, as |contamination. | |

|24 CFR Part 58.5 (i) (2) |non-residential to residential.|chemicals or gases, or |amended) and, as applicable, Phase II | |EPA NEPAssist: |

|(HUD). |Demolition |radioactive substances, that |ESA, site characterizations and |In many cases, a Phase I environmental|

| |Leasing |could affect the health and |remediation plans. |site assessment (ASTM standard |/entry.aspx |

| |New construction |safety of occupants or that | |E1527-13, as amended) must be | |

| |Rehabilitation |conflict with the intended |Additional/alternative documentation |performed. If the Phase I identifies |EPA EnviroMapper: |

| |Repair |utilization of the property. |may include: |recognized environmental conditions or|

| | | |Site inspection(s) by knowledgeable |if the results are inconclusive, a |4ef.home |

| | |Particular attention to be given |professional(s). |Phase II environmental site assessment| |

| | |to any site located on or in |Search of EPA and state/local/tribal |will be required. |EPA CERCLIS/NPL – Superfund |

| | |general proximity to landfills, |databases for sites and facilities | |database |

| | |dumps, industrial sites, gas |posing known or potential |Based upon the Phase II results, |

| | |stations or other locations that |contamination concerns (including NPL |remediation, mitigation and monitoring|ites/query/basic.htm |

| | |contain hazardous wastes or |sites (Superfund), RCRA facilities, |measures may be required. |EPA Enforcement & Compliance |

| | |materials. |Brownfields). | |History Online (ECHO): |

| | | |Evaluation of permitted facilities for|Such measures must be consistent with |

| | |All property proposed for use in |regulatory violations, e.g., using EPA|Federal, State, Tribal and local laws |ndex.html |

| | |HUD programs must be free of |ECHO database. |and regulations, and must be | |

| | |hazardous materials, |Analysis of past uses of the site and |implemented by qualified |EPA Toxic Release Inventory |

| | |contamination, toxic chemicals |adjacent properties as documented |professionals. |(TRI): |

| | |and gases and radioactive |historic resources (e.g., Sanborn Fire| |

| | |substances, where a hazard could |Insurance Rate Maps and city |Specific forms of remediation are not |/toxic_releases.html |

| | |affect the health and safety of |directories). |prescribed by HUD and may vary | |

| | |occupants or conflict with the | |depending on the nature of the hazard.|ATSDR “ToxFAQs” summaries |

| | |intended utilization of the |ASTM Phase I, Phase II, and related | |about hazardous substances: |

| | |property. |protocols available at: | |

| | | | |qs/index.asp |

| | |The environmental review of |xe/index.shtml?E+mystore | | |

| | |multifamily housing with 5 or | | |Right-To-Know Network: |

| | |more dwelling units must include |ASTM Phase I “Standard Practice for | |EPA databases, including TRI |

| | |a review of previous uses of the |Environmental Site Assessments: Phase | |(Toxic Release Inventory); NPL|

| | |site or other evidence of |I Environmental Site Assessment | |& CERCLIS; RCRA: |

| | |contamination on or near the site|Process” (E1527-13): | | |

| | |to assure the proposed occupants | | |

| | |are not impacted by any of these |xe/DATABASE.CART/PAGES/E1527.htm?L+mys| |State voluntary cleanup |

| | |hazards. |tore+iweh6695+1022889987 | |programs: |

| | | | | |Kansas Dept. Health & |

| | |Current techniques by qualified |Federal (EPA) standard for performing | |Environ’t (KDHE) |

| | |professionals shall be used to |due diligence, aka, “all appropriate | |

| | |undertake investigations |inquiries” (AAI) 40 CFR 312: | |/index.html |

| | |determined necessary. | | |

| | | |ex.htm | |Missouri Dept. Natural |

| | | | | |Resources (DNR) |

| | | |ASTM Phase I standard practice | |

| | | |(E1527-13) is consistent with and in | |index.html |

| | | |compliance with EPA’s AAI (40 CFR | | |

| | | |312). | |Nebraska Dept. Environmental |

| | | | | |Quality (NDEQ) |

| | | |Property that may be exposed to | | |

| | | |sub-surface vapors caused by a release| | |

| | | |of vapors from contaminated soil &/or | |Iowa Dept. Natural Resources |

| | | |groundwater on or near the project may| |(DNR) |

| | | |warrant evaluation in accordance with | |

| | | |ASTM standard practice E 2600-10: | |NR/RegulatoryLand/Contaminated|

| | | | |Sites.aspx |

| | | |m | | |

| | | |The outcome of a vapor evaluation may | |FAQs about USTs: |

| | | |warrant further investigation. | |

| | | | | |qs/index.htm |

| | | |Radon Control: | | |

| | | | | |EPA Cleanup Guidance: |

| | | |Existing Multifamily Housing: | | |

| | | |ASTM E 2121-11 “Standard Practice for | | |

| | | |Installing Radon Mitigation Systems in| |HUD Lead Rule Compliance |

| | | |Existing Low-Rise Residential | |Advisor: |

| | | |Buildings” | |

| | | | |idRpt/HUDLBP/welcome.html |

| | | |m | | |

| | | | | |HUD Lead-Based Paint |

| | | |New Multifamily Housing: | |Guidelines |

| | | |ASTM E 1465-08a “Standard Practice for| |

| | | |Radon Control Options for Design and | |l/HUD?src=/program_offices/hea|

| | | |Construction of New Low-Rise | |lthy_homes/lbp/hudguidelines |

| | | |Residential Buildings” | | |

| | | | |HUD Q&A: |

| | | |m | |

| | | | | |nmental-review/site-contaminat|

| | | | | |ion/ |

|5. Endangered Species | Acquisition or Disposition of |Project may affect or is likely |Evaluate species and habitat listings |Determination required of either “no |U.S. Fish & Wildlife |

| |undeveloped land |to affect any Federally listed |for project area. Contact US Fish and |effect,” “may affect but not likely to|Ecological Services Field |

|Endangered Species Act of |Conversion of land use |endangered or threatened species |Wildlife Service (USFWS) to determine |adversely affect” or “likely to |offices: |

|1973 (16 U.S.C. 1531 et |Demolition |or its habitat. |if a listed species or habitat is |adversely affect” a listed species or | |

|seq.), particularly section|Site clearance | |present in the project area or may be |its habitat. |Kansas |

|7 (16 U.S.C. 1536) |Major rehabilitation | |affected by the project. | |315 Houston St, Rm E; |

| |New construction | | |If a listed species or habitat is |Manhattan, KS |

|50 CFR Part 402 “Endangered| | |USFWS general information on listed |present in project area, consultation |66502-6172 |

|Species Act” | | |species and habitats: |is required under Section 7 of the |(785-539-3474) |

|(DOI & Commerce) | | | Species Act to determine if| |

| | | |index.html |the proposed activity will adversely |Missouri |

| | | | |affect the subject species or habitat.|101 Park DeVille Dr. |

| | | |USFWS Critical Habitat online mapper: | |Suite A |

| | | | | |Columbia, MO |

| | | | |Step-by-step Section 7 consultation: |65203-0057 |

| | | |USFWS “iPaC” - critical habitat and |(573-234-2132) |

| | | |species list |section7/index.html | |

| | | | | |Nebraska |

| | | | |When required, a biological assessment|203 West 2nd St. |

| | | | |must be prepared by a qualified |Second Floor |

| | | |Kansas listed species: |professional (e.g., biologist or |Grand Island, NE 68801 |

| | | |) explaining the likely effect|(308-382-6468) |

| | | |ateListingAndOccurrenceIndividual.jsp?|on the species or habitat. | |

| | | |state=KS | |Iowa |

| | | | | |4469 48th Ave Court |

| | | |Missouri listed species: | |Rock Island, IL 61201 |

| | | | |(309-793-5800) |

| | | |Default.aspx | | |

| | | |(USFWS & state Natural Heritage | |HUD Q&A: |

| | | |Database) | |

| | | | | |nmental-review/endangered-spec|

| | | |Missouri species, by county: | |ies/ |

| | | | | |

| | | |s/missouri-cty.html | | |

| | | | | | |

| | | |Nebraska listed species: | | |

| | | | | |

| | | |ateListingAndOccurrenceIndividual.jsp?| | |

| | | |state=NE | | |

| | | | | | |

| | | |Iowa species, by county: | | |

| | | | | |

| | | |LISTS/iowa_cty.html | | |

|6. Environmental Justice |Applies when an adverse impact |Project site or neighborhood |EPA’s “EJ View” Tool provides |Perform an EJ analysis using census, |EJ maps & analysis, by |

| |or condition occurs with |suffers from adverse health or |information relevant to EJ |geographic and other data to determine|location: |

|E.O. 12898, “Federal |respect to an environmental |environmental effects which |assessments: |if a low-income/minority population is|

|Actions to Address |issue; |disproportionately impact a | impacted. |nity/ej-index.tcl |

|Environmental Justice in | |minority or low-income population|ml | | |

|Minority Populations and |and, |relative to the community at | |If susceptible populations are |EPA MyRTK (Right-to-Know) |

|Low-Income Populations” | |large. |Census and geospatial data from local |impacted: |Network |

| |When the activity is: | |and regional planning agencies. |Mitigation or avoidance of adverse | |

| |Acquisition |The potential for new or |Census data and maps also avail-able |impacts must be considered to the | |

| |Change of land use |continued adverse health or |at: |extent practicable; and, |EPA Maps: |

| |Demolition |environmental effects must be | participation processes must |

| |Rehabilitation |considered. |v/jsf/pages/index.xhtml |involve the affected population(s) in |entry.html |

| |New construction | | |the decision-making process. | |

| | | |and: | |EPA MyEnvironment: |

| | | | | |

| | | | | |nt/ |

| | | |Tract-level data on race & income: | | |

| | | | | |CEQ guide to EJ: |

| | | | | |

| | | | | |gs/ej/justice.pdf |

| | | | | | |

| | | | | |EPA guide to NEPA & EJ |

| | | | | |

| | | | | |ej/resources/policy/ej_guidanc|

| | | | | |e_nepa_epa0498.pdf |

| | | | | | |

| | | | | |Human Health & Toxicology: |

| | | | | |CDC (NIOSH) |

| | | | | |

| | | | | |s/chemical.html |

| | | | | | |

| | | | | |ATSDR |

| | | | | | |

| | | | | | |

| | | | | |EPA (IRIS) |

| | | | | |

| | | | | |/index.cfm |

| | | | | | |

| | | | | |: |

| | | | | |(Note: environmental datasets |

| | | | | |are from ca. 2002) |

| | | | | |

| | | | | |nity/ej-index.tcl |

| | | | | | |

| | | | | |HUD Q&A: |

| | | | | |

| | | | | |nmental-review/environmental-j|

| | | | | |ustice/ |

|7. Explosive and Flammable |Residential project when the |Project is located within sight |Site inspection, aerial photo analysis|Calculate the acceptable separation |Contact HUD Field |

|Operations |activity is: |of or in proximity to a |and/or contact with local fire |distance (ASD) per guidebook |Environmental Officer for |

| |New construction |stationary hazardous facility |protection or emergency management |HUD-1060-CPD (1996), “Siting of |tanks having over 1 |

|Housing and Community |Rehabilitation, where unit |that stores, handles or processes|agencies to determine presence of |HUD-Assisted Projects Near Hazardous |million-gallon capacity. |

|Development Act of 1974, as|density increased |chemicals or petrochemicals of an|hazardous industrial operations and/or|Facilities,” and apply appropriate | |

|amended. |Conversion of land use from |explosive or flammable nature, |above-ground tanks in vicinity of |mitigation measures or reject the |HUD ASD Guidebook: |

| |non-residential to residential |such as liquid propane, gasoline |project. |site. |

|24 CFR Part 51 Subpart C |use |or other above-ground storage | | |ce/2762/acceptable-separation-|

|“Siting of HUD-Assisted |Vacant building made habitable |tanks. |Contact local owner/operator of such |Electronic calculator of ASD: |distance-guidebook/ |

|Projects Near Hazardous |or | |facility/tank to determine the type, | |

|Operations Handling | |Excluded from the regulation: |volume and other characteristics of |ment/asdcalculator.cfm |HUD Q&A: |

|Petroleum Products or |Any project for industrial, |Mobile tanks (including railroad |fuels and chemicals of an explosive or| |

|Chemicals of an Explosive |commercial, institutional or |cars other than when servicing a |flammable nature. |Mitigation may include burying the |nmental-review/explosive-and-f|

|or Flammable Nature” (HUD) |recreational use, when the |facility) | |tank(s) or construction of a barrier |lammable-facilities/ |

| |activity is: |Buried tanks | |of adequate size and strength to | |

| |New construction |Residential tanks that serve | |protect the building and occupants. | |

| |Conversion of land use |HUD-assisted 1-4 unit housing | | | |

| | |Tanks with less than 100-gallon | |Mitigation options: | |

| | |capacity and having common fuels | | |

| | | | |ment/hazards_mitigation_options.pdf | |

| | | | | | |

| | | | |Barrier design guidance: | |

| | | | | |

| | | | |nts/huddoc?id=barrier_design_guidance.| |

| | | | |pdf | |

|8. Farmland Protection |Acquisition of undeveloped land|Project is located in area that |Follow steps for using soil maps to |Site assessment by NRCS is required to|County offices for Natural |

| |Conversion of undeveloped land |includes prime farmland, unique |find important farmlands: |determine impact of the farmland |Resources Conservation |

|Farmland Protection Policy |New construction |farmland, or land of statewide or|. Form #AD-1006 rates 12 |Services (NRCS) listed at: |

|Act of 1981 (7 U.S.C. 4201 |Site clearance |local importance. Can include |s1_farmlands.html |criteria. Sponsor must submit form to|

|et seq.), particularly | |forest land, pastureland or | |NRCS, which has 45 days to make a |v/locator/app |

|sections 1504(b) & 1541 | |cropland, but not water or |Natural Resources Conservation Service|determination. | |

| | |urbanized land. Urban land is |(NRCS) soil maps (95% of nation’s | |NRCS and FPPA: |

|7 CFR Part 658, “Farmland | |exempt if the land is “already |counties): |Form AD-1006 and instructions: |

|Protection Policy” (USDA) | |in” or “committed” to urban |

| | |development per 7 CFR 658.2(a). |/ |DOCUMENTS/stelprdb1045394.pdf |grams/alphabetical/fppa/?&cid=|

| | | | |Instructions: |nrcs143_008275 |

| | | |Alternatively, contact local Natural | |

| | | |Resources Conservation Service (NRCS) |ments/AD_1006_Instruct.pdf |HUD Q&A: |

| | | |office to determine the potential | |

| | | |presence of protected farmland. |Form NRCS-CPA-1006 for corridor |nmental-review/farmlands-prote|

| | | | |projects: |ction/ |

| | | |Land “already in” or “committed” to | |

| | | |urban development includes: |DOCUMENTS/stelprdb1045395.pdf | |

| | | | | | |

| | | |Census Bureau Map showing land | | |

| | | |identified as “urbanized area” (UA): | | |

| | | | | |

| | | |b/ | | |

| | | | | | |

| | | |USGS topographical maps showing urban | | |

| | | |area mapped with a “tint overprint”: | | |

| | | | | |

| | | |plocator/(ctype=areaDetails&xcm=r3stan| | |

| | | |dardpitrex_prd&carea=%24ROOT&layout=6_| | |

| | | |1_61_48&uiarea=2)/.do | | |

| | | | | | |

| | | |USDA Important Farmland Maps showing | | |

| | | |“urban-built-up”: | | |

| | | | | |

| | | |s1_farmlands.html | | |

|9. Floodplain Management | Acquisition for construction |Project is located within a |FEMA Flood Insurance Rate Maps (FIRM) |Avoid direct or indirect support of |FEMA: |

| |or for existing bldg >4 units |Special Flood Hazard Area |or Flood Hazard Boundary Map (FHBM). |floodplain development wherever there |

|E.O. 11988, “Floodplain |Disposition >4 units |(100-year floodplain), or, if a | |is a practicable alternative. |fip/fmapinfo.shtm |

|Management”, particularly |Financing >4 units |critical action (e.g., nursing |FIRMETTE maps, which cover small areas| | |

|section 2(a). |Leasing >4 units |home; hospital; fire station) is |(approx. 1 sq. mile), can be obtained |Approval of project requires |State Floodplain Managers: |

| |New construction |located in a 500-year floodplain.|at no charge on-line: |compliance with the decision-making |

|24 CFR Part 55 “Floodplain |Rehab or Repair, unless 1-4 | | |provisions of §55.20, i.e., the |s/map.asp |

|Management and Wetland |unit housing below threshold of| | |“eight-step” process. | |

|Protection” (HUD) |Substantial Improvement | |For unmapped areas, FEMA Community | |HUD sample 8-Step analysis: |

| |(total rehab cost ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download