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NEPA Environmental Procedure. September 4, 2014. Pam Truitt, Grants Management Consultant. Why Environmental Review?. Avoid or mitigate impacts that may harm residents Avoid litigation that could halt a project on environmental grounds - PowerPoint PPT Presentation
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NEPA Environmental Procedure
Pam Truitt, Grants Management Consultant September 4, 2014
Why Environmental Review?
• Avoid or mitigate impacts that may harm residents
• Avoid litigation that could halt a project on environmental grounds
• Avoid monitoring findings and/or loss of CDBG financial assistance to your project
• REQUIRED – by Federal Law & Regulation under the National Environmental Policy Act of 1969 (NEPA) and NEPA related laws
Certifying Officer
The Chief Elected Official (CEO) of the jurisdiction assumes responsibility for environmental review
CEO must sign the Finding of No Significant Impact (FONSI) and the Request for Release of Funds/Certification
CEO accepts the jurisdiction of the Federal Courts as the responsible entity in environmental matters for this certification
Steps in the Environmental Review Process
Create the Environmental Review Record Must be Available to Public
Determine the Level of Environmental Review Required
Complete Environmental Assessment and Compliance with related Laws
Publish Required Notices According to Level of Review
Steps in the Environmental Review Process (cont.)
DCA issues Release of Funds Letter “Removing Environmental Conditions”
Maintain Documentation of Compliance (Including Mitigation) in the Environmental Review Record (ERR)
Process for Environmental Notices
Publish Concurrent Notice (FONSI-NOI/RROF FONSI: 15 day local comment period No Earlier then 16th day, submit public notice (proof
of publication) and Request for Release of Funds and Certification (RROF/C) to DCA/OCD.
Notice allows for an additional 15 days for public objection of RROF to DCA. This begins when DCA receives the RROF.
Levels of Environmental Review
Four levels of review:24 CFR Part 58.34(a) Exempt 24 CFR Part 58.35 Categorically Excluded
Categorical exclusions SUBJECT to laws and authorities at 24 CFR Part 58.5
Categorical exclusions NOT subject to laws and authorities at 24 CFR Part 58.5
24 CFR Part 58.36 Environmental Assessment24 CFR Part 58.37 Environmental Impact
Statement
Exempt Activities
Activities which are deemed not to affect the human and/or physical environment (i.e. environmental studies, planning, or administrative activities)
No publication requirements
Document finding in the environmental review record and proceed with project
Categorically Excluded
2 Classes58.35(a) – activities SUBJECT TO other federal
laws or authorities
58.35(b) – activities NOT SUBJECT TO other federal laws or authorities
May Convert to Exempt
Environmental Assessment
Environmental Assessment is required if project activities are not determined to be Exempt or Categorically Excluded
Most CDBG funded projects require an Environmental Assessment
Environmental Assessment
Use current form on DCA WebsiteCite Authoritative Sources of Info
See HUD tool
Describe mitigation measure for any identified negative impacts
Evaluate all alternativesCertifying Officer must sign FONSI
Floodplain and Wetland Regulatory Changes
Prohibition on construction of new structures and facilities in Coastal High Hazard Areas (V Zones) Structure Examples
Walled or roofed buildings, including mobile homes and gas or liquid storage tanks
Infrastructure Examples Roads, bridges, and utility lines
Floodplain and Wetland Regulatory Changes (cont.)
Use of Preliminary Flood Maps and Advisory Base Flood ElevationsProvides greater consistency with floodplain
management activities across HUD and FEMA programs
Require the use of FEMA preliminary flood maps and advisory base flood elevations, where available
Other Federal, state, or local data may be used as “best available information” IF FEMA information is unavailable or insufficiently detailed
Floodplain and Wetland Regulatory Changes (cont.)
Broadened use of the 5 Step Process for selected actionsOmits Steps 2, 3, and 7 of 8 Step ProcessRehabilitations subject to 5 Step Process
Improvement that is not a substantial improvementFootprint is not significantly increased in floodplain or
wetlandDoes not result in 20 percent increase in number of
dwellings units or in average peak number of customers and employees
Does not convert a nonresidential to a residential land use
Floodplain and Wetland Regulatory Changes (cont.)
Codification of Wetland PolicyHUD adopts in regulation the procedures of E.O.
11990Primary Source of Data
Fish and Wildlife Service-National Wetlands Inventory map
Secondary Source of DataNational Resource Conservation Service’s National Soil Surveys
Any state and local information concerning wetlands
Floodplain and Wetland Regulatory Changes (cont.)
Codification of Wetland Policy Cont.Wetlands subject to E.O. 11990 requires the 8
Step Process
Adoption of executive order reviews performed by HUD or another responsible entity May adopt previous floodplain review process
performed by another responsible entity or HUD
Floodplain and Wetland Regulatory Changes (cont.)
Individual 404 Permits for WetlandsCan use individual Section 404 Permits in lieu of
performing the first five steps of the 8 Step ProcessOnly applies to wetlands subject to Section 404 of the
Clean Water ActMust submit the USACE Section 404 permit Required to follow Steps 6,7, and 8Does not apply to USACE process
Must complete 8 Step Process if project is in a floodplain and a wetland
Statutory & Regulatory Structure
National Environmental Policy Act (NEPA) and implementing regulations of the Council on Environmental Quality (40 CFR Parts 1500-1508).
HUD Regulations (24 CFR Part 58).NEPA-Related Laws and Authorities (List at 24 CFR
58.5).
Environmental Review Regulations24 CFR Part 58
HUD’s regulation allows local units of government to perform NEPA responsibilities and assume the responsibilities of HUD.
Regulation titled “Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities”
Covered in Chapter 2 of the Recipients’ Manual
Compliance is a General condition of all CDBG Awards.
NEPA-Related Laws/Authorities (10)
National Historic Preservation Act (1966) Floodplain Management & Wetlands Protection:
Executive Orders (1977) Coastal Zone Management Act of 1972 Safe Drinking Water Act (1974) Endangered Species Act (1973) Wild & Scenic Rivers Act (1968)
NEPA-Related Laws/Authorities
Clean Air Act (1970)Farmland Protection Policy Act (1981)HUD Environmental Criteria & Standards
Noise Abatement and Control Near Explosives or Flammable Sites Near Airport Runway Protection Zones Near Toxic Hazards
Environmental Justice E.O. (1994)Noise Control Act (1972)
Importance of Early Start
Begin environmental review process as soon as possible.
Typical times required to complete review range from 1 to 120 days.
Must be completed by someone competent to do review
Important Tips
Change of scope in project might require additional review.
DON’T SPEND A DIME – until your ER is complete and you have received Release of Funds from DCAException for Admin and Design Costs
When in doubt – contact DCA/CDBG staff!
Do Not Make Choice Limiting Actions!
Do not take ANY action until the environmental review compliance is achieved, including property acquisition
Contacts
Michael Casper
404.679.0594
Pam Truitt
404.679.5240
