HUD SMAC Conference November 7, 2017 Environmental Session Topics Environmental Review resources on HUD Exchange Who are the Region IV Environmental Clearance Officers (ECOs) and when do they become involved? Difference in a Phase I ESA and a NEPA EA ERR Do’s and Don’ts Questions?

Region IV –OEE Team Sandy Frye, Regional Environmental Officer - KY Tel: 678-732-2727 Email: Sandra.l.frye@hud.gov Al Cazzoli, Senior Field Environmental Officer - South FL, PR Tel: 305-520-5005 Email: Ubaldo.A.Cazzoli@hud.gov Ramona McConney – Field Environmental Officer - GA, MS, AL Tel: 678-732-2394 Email: Ramona.K.McConney@hud.gov Chuck Melton – Field Environmental Officer - TN, North FL Tel: 678-732-2133 Email: Chuck.A.Melton@hud.gov Len Smith – Field Environmental Officer - NC, SC Tel: 336-547-4000 ext. 2054 Email: Lenwood.E.Smith@hud.gov

Resources for FHA Part 50 Environmental Reviews HEROS Partner Worksheets: https://www.hudexchange.info/resource/5119/environmental-review- record-related-federal-laws-and-authorities-partner-worksheets/ HEROS Environmental Assessment Format: https://www.hudexchange.info/resource/5173/part-50-environmental- assessment-format/ MAP Guide: http://portal.hud.gov/hudportal/documents/huddoc?id=4430GHSGG.pdf HUD environmental website: https://www.hudexchange.info/programs/environmental-review/ Online Training: “Environmental Training for FHA Programs” https://www.youtube.com/watch?v=koGldiHziVI&list=PLDYbj6cykYZ_iPeN__vJfE QDI4c6m5MVY

When is the HUD Environmental Clearance Officer (ECO) review required? 24 CFR Part 50.32 …(NEPA) Assessments for projects over 200 lots/dwelling units/beds shall be submitted to the ECO for review and comment or in their absence the Program ECO (i.e. PECO). MAP Guide at 9.2.B.4… REO/FEO (aka ECO) must be given opportunity to comment on Categorically Excluded (CE) projects: Located in the normally unacceptable or unacceptable noise zone Requiring an Environmental Management and Monitoring Plan ECO Review is recommended for CE projects requiring special analysis with any 50.4 laws and authorities. Refinance … HUD-insured mortgages that do not involve new construction or rehabilitation other than routine maintenance do not require an environmental review however must meet flood insurance requirements in 50.4(b)(1).

When do ECO’s typically start the review process? It is never too early to contact the ECO! ECO should be invited to Concept meetings for projects involving: LIHTC’s Floodplains or Wetlands Historic preservation and; Known contamination issues Staff also encouraged to contact the ECO for technical assistance prior to submitting the completed EA

What is the timeframe for the ECO review and comment period? Draft Part 50 guidance proposes the following: Once a complete review is submitted in HEROS, ECO will have 15 calendar days to review and comment If ECO identifies deficiencies or is unable to verify compliance due to missing information, he/she will return to preparer for revision The 15 day clock restarts upon resubmission in HEROS

NEPA Environmental Assessment vs Phase I Environmental Site Assessment Purpose of a Phase I ESA is to… Make initial determination as to the presence of hazardous substances in accordance with ASTM E1527-13. Determine if there are Recognized Environmental Conditions (RECs) that warrant further investigation (i.e. a Phase II). Document compliance with 24 CFR Part 50.3(i) – all properties proposed for use in HUD programs must be free of hazardous materials, contamination, toxic chemicals and gases…where a hazard could affect the health and safety of occupants or conflict with the intended use. Documented in HEROS under Contamination…

NEPA Environmental Assessment vs Phase I Environmental Site Assessment Purpose of a NEPA Environmental Assessment is to … Insure environmental information is available to public officials/citizens before actions are taken. Identify reasonable alternatives and minimize adverse effects. Help public officials make decisions based on understanding all of the potential environmental consequences to the human environment; and Decisions must be based on information that is of high quality, scientifically accurate, and by qualified data sources. Documented in NEPA EA factors section of the environmental report (see MAP Guide 9.5.Q) and in HEROS.

What do NEPA EA Factors cover? EA Factors include… Land Development Socioeconomic Community Facilities and Services Natural Features See HUD Exchange EA Factors Guidance: Link: https://www.hudexchange.info/resource/3306/environmental-assessment- factors-guidance/

NEPA Factors in HEROS

What is a complete NEPA environmental review? A complete NEPA EA review must include: Detailed project description and justification Map clearly outlining proposed building site and property boundaries Documentation verifying compliance with 50.4 laws and authorities Documentation supporting EA factor compliance EA Analysis including Cumulative Impacts, Alternatives, etc. Housing requirements: Phase I meeting ASTM E1527-13 standards, Phase II, etc. Lead-based Paint, Asbestos, Radon, Additional Nuisances and Hazards Other applicable MAP Guide requirements Must be signed by HUD Supervisor

What constitutes the “site” for environmental review? NEPA…must consider the “project as a whole” and address Cumulative Impacts (direct and in-direct) which can impact off site areas. MAP Guide 9.5 E. Floodplain management… if any part of the site or integral off-site development is located in the 100-year or 500-year for critical actions the project must comply with HUD’s floodplain management regulations. MAP Guide 9.5.D. Historic Preservation…must consider the Area of Potential effect (APE) which is not just the site but can include several blocks beyond the site boundary.

Do’s and Don’ts… DO Provide a detailed project description Provide legible maps with site boundary clearly marked Provide references including specific page numbers Provide information in electronic form i.e. Drop box, etc. For Site Contamination site relevant MAP Guide references

Do’s and Don’ts… DON’T Provide unnecessary documentation (quality vs quantity!) Include non-scope items in the Phase I Make vague references such as “See Phase I” Complete the 8-step public notices prior to HUD approval Send Tribal Consultation letters directly from consultant (must be sent on HUD letterhead and signed by HUD Official https://www.hudexchange.info/resource/4484/hud-memo-section-106-tribal- consultation-in-projects-reviewed-under-24-cfr-part-50/

Questions?