- Environmental Review. Under Federal environmental review requirements, proposed RAD projects are subject to environmental review under either Part 50 or Part 58, as applicable, and environmental documents are required to be submitted as part of the applicant’s Financing Plan.9 HUD will not issue an RCC if the project plan does not meet the environmental review requirements described in Attachment 1A.
- Lead Based Paint Hazards. A property constructed before 1978 may contain lead- based paint and lead-based paint hazards unless abatement was previously completed, or a lead-based paint inspection determined that it was lead-based paint free. Pursuant to 24 CFR part 35 subpart L, a PHA is required to conduct a lead-based paint inspection and a lead risk assessment on a pre-1978 public housing property, and, subsequently, conduct ongoing lead-based paint maintenance and periodic re- evaluation for lead-based paint hazards. The PHA shall provide any documentation available to the PHA regarding lead-based paint and lead-based paint hazards to the firm preparing the CAN and to the Project Owner. The Project Owner must evaluate and control lead-based paint hazards in the Covered Project pursuant to 24 CFR Part 35 subpart H, including, among other things, completing a risk assessment if the multifamily property will receive more than $5,000 per unit in rental assistance subsidy. If the PHA has provided the report of a current risk assessment (less than 12 months old), or an older risk assessment and reports of all subsequent periodic re- evaluations, that documentation shall satisfy the Project Owner’s requirement to have completed a risk assessment under subpart H. The CAN must incorporate the work necessary to meet the Project Owner’s requirements to treat lead-based paint hazards under subpart H. (See subpart H if the multifamily property will receive $5,000 per unit or less in rental assistance subsidy.)
Environmental Requirements for RADWhat is the required format of a Phase I Site Assessment to meet RAD Environmental requirements?
If you are using FHA financing, the Phase I will be ordered by your FHA lender, and the format will be in accordance with Chapter 9 of the MAP Guide. Otherwise, check with the agency that will be issuing the Environmental Review approval; the Phase I will need to be acceptable to the approving agency. It is a good idea to procure the Phase I from a firm that has experience preparing reports that have been found acceptable by the specific agency that will be issuing the Environmental Review approval. If you are not using FHA insurance, you should check with the entity performing the assessment to determine if a full Phase I will be required.
Responsible Entity Will Not Complete Environmental ReviewWe are a PHA and have been unable to get the Responsible Entity to complete the Environmental Review to ensure the property meets requirements for 24 CFR Part 50 or Part 58, as applicable. Is the Environmental Review still required in this instance?
In cases where the Responsible Entity chooses not to complete the assessment, HUD will complete the assessment under Part 50. Please contact your Transaction Manager for further instruction.
SHPO Consultation for RAD ConversionsIs SHPO or Section 106 review required on a RAD conversion project that is more than 40 years old? ?Does it matter whether it's minor rehab, gut rehab or demolition?
RAD requires Environmental Review approval (see Notice PIH-2012-32 REV-1 pages 84-85).? The required Environmental Review includes consultation with SHPO.
Use of a Part 50 Review for a PBV ConversionUnder what circumstances would an environmental review for a PBV conversion be conducted under Part 50?
HUD can determine to perform a Part 50 review instead of having an RE perform a Part 58 review under 24 CFR 58.11. When a RAD application includes FHA insurance (or other Part 50 program), and funding sources that are authorized for Part 58, such as HOME, are also being contemplated for that site, HUD can use 24 CFR 58.11 to prepare one environmental review under Part 50. It is important that the applicant notify HUD of this situation early on in the process.
Environmental Justice Review for RAD ConversionsDo RAD conversions trigger an Environmental Justice review?
An Environmental Justice (EJ) review may be triggered if the conversion involves new construction, either on a new site or an existing site. The goal of EJ is to avoid, minimize, or mitigate any disproportionately high and adverse impacts to minority or low-income populations. The process is to first determine if there are any adverse impacts. If there are, the PHA should work to change the project so that they are avoided or at least minimized. If adverse impacts remain, a determination of whether there is a minority of low-income population disproportionately affected must be made. Any mitigation decisions must be based on meaningful public outreach to the affected community. Additional information regarding completing an EJ and how to document the findings as part of the environmental review can be found here: https://www.hudexchange.info/programs/environmental-review/environmental-justice/
Use of a Transaction Screen versus a Phase 1 for non-FHA PBRA ConversionIf we are doing PBRA, very minimal rehab (mostly cosmetic) with no FHA, I'm understanding that we need to do either a Transaction screen or a Phase I. How do we know if a transaction screen would suffice?
The Notice and the RAD Environmental Review Guidance both discuss the transaction screen option. To qualify, you must be converting to PBRA (non-FHA), and cannot be engaging in sub rehab or new construction. The transaction screen must be in accordance with ASTM E1528-14. The only deviation from that standard is the required preparer qualifications that are set forth in the Notice and the Guidance. If any potential environmental concerns are identified, a Phase I ESA in accordance with ASTM E1527-13 would be required. If the site owner has an idea that there could be concerns with the site, they may want to simply order a Phase I ESA.
Review Requirements for Dispositions with a Transfer of AssistanceDoes an environmental review need to be done on dispositions in transfer of assistance?
Yes. If HUD is taking a federal action, an environmental review is required unless there is a categorical exclusion in the applicable regulation (Part 50 or Part 58) that specifically excludes that action from all or part of environmental review requirements. For example, some dispositions may be partially excluded from environmental review (categorically excluded subject to the Federal laws and authorities cited in 24 CFR 50.4 or 24 CFR 58.5) if the structure or land disposed of will be retained for the same use. The review will be conducted based on the reasonably forseeable use of the land or structure that will be disposed of.
Eligibility of Units Located in a Flood Zone for RAD ConversionCan you convert units located in a flood zone to RAD?
RAD is subject to the floodplain management regulations at 24 CFR Part 55. Those regulations do not prohibit assisance in floodplains, but do require a process to consider and mitigate impacts. Please keep in mind that in most cases, activities in a floodway will be prohibited.
Asbestos AbatementHow should RAD conversions mitigate the presence of asbestos containing material (ACM)?
RAD conversions must follow the ACM guidance found in Chapter 9 of the MAP Guide. However, as of 3/27/18, HUD is in the process of updating this section of the MAP guide and has issued a MAP Guide Waiver with the below interim guidance which is applicable to all RAD conversions: If Asbestos Containing Material (ACM) or suspect ACM is identified at a facility, HUD requires a response action to address the risk. Response actions may include complete removal, limited removal/repair, encapsulation, enclosure or management of the ACM under an Operation and Maintenance (O&M) Program, or a combination of these, as recommended by an accredited professional. If ACM or suspect ACM remains after the initial identification and, if applicable, response action, an asbestos O&M program shall be implemented. The following are examples for when certain response actions may be appropriate. A. Removal 1. Damaged friable materials 2. Friable materials in good condition with high potential for disturbance (e.g., accessible pipe or tank insulation, ceiling tiles where air exchanges occur in plenum above, ceiling tiles that are required to be moved to access mechanical equipment or piping on a routine basis, etc.) B. Limited removal/repair, encapsulation or enclosure. 1. Damaged non-friable materials (limited removal/repair) 2. Limited damage to ceiling texture (limited removal/repair) 3. More extensive wall and/or ceiling texture damage or highly friable texture 4. Pipe insulation with limited damage but with limited potential for disturbance/impact (enclosure or removal) C. Operation & Maintenance (“O&M”) Plan 1. Non-friable materials in good condition 2. Joint compound or wall and ceiling textures in good condition 3. Adhesive ceiling tiles with no real potential for disturbance 4. Friable pipe insulation materials in mechanical areas in good condition with limited potential for disturbance/impact by routine maintenance activities