Course 7 Environmental Analysis Flashcards

1
Q

What is the regulation that environmental professionals must adhere to when completing an environmental analysis?

A

ASTME 1527-21,
CERCLA,
HUD Map Guide

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2
Q

What are the commons environmental hazards?

A

Asbestos containing material
Lead Based Paint
Radon
Underground Storage Tanks (UST)
Polychlorinated Biphenyls (PCBs)

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3
Q

What is Asbestos containing material?

A

Asbestos containing material is a naturally occurring fibrous mineral utilized for its thermal insulating chemical and thermal stability and high tensile strength. The three most common types of asbestos are chrysotile, amosite, and crocidolite.

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4
Q

What are some common misconceptions about asbestos?

A
  • Asbestos is not a banned substance in the United States
  • Only certain applications and new uses of this mineral has been banned
  • It is still a common ingredient in floor tile and roofing tars. It is generally not listed as “asbestos” on the ingredient list and is more commonly labeled “Canadian mineral fibers”.
  • There is no date referenced in the NESHAP documents.
  • Compliance with 40CFR61 Subpart M is required prior to any demolition renovation activities. (This is NESHAP).
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5
Q

What is the difference between friable and non-friable asbestos?

A

The term “friable” is used to describe asbestos that can be reduced to dust by hand pressure (e.g. pipe insulation). If there is asbestos and it is friable or damaged it is recommended by the EP that it be removed.

The term “Non-friable” refers to asbestos that is too hard to reduce to dust by hand pressure (e.g. transite siding, vinyl, floor tile).

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6
Q

When is a Lead Based Paint Screening and Risk Assessments required?

A

Lead based paint (LBP) was banned in 1978. If a multifamily structure was built pre-1978, then a lead based paint and/or risk assessment is required. Lead based paint is only required for multi-family structures as lead based paint is not regulated in facilities occupied by senior citizens and/or disabled individuals.

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7
Q

What is a radon gas screening?

A

Radon gas screening requires short-term radon testing devices, typically activated charcoal canisters/kits (most common), electretion devices, or continuous radon monitors. Tenants are requested to maintain a closed building condition for 12 hours prior to and during the testing. Testing devices are placed for 48-96 hours and then sent to a laboratory for analysis. Testing is required on 100% of ground floor units in all radon zones.

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8
Q

What is the regulation that environmental professionals must adhere to when testing for Vapor Encroachment?

A

ASTME 2600-22 is the Standard Guide for Vapor Encroachment Screening on Property involved in real estate transactions. The purpose of this report is to determine if there is a potential for subsurface vapors from volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs) and inorganic volatile compounds to occur below existing and/or proposed structures.

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9
Q

What is an Underground Storage Tanks (UST)?

A

An underground storage tank is a tank and any attached underground piping that has at least 10% of its combined volume underground which can be located at interior or exterior locations and under pavement or grass. They are typically used to hold petroleum products, raw chemical materials or waste products.

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10
Q

What is Polychlorinated Biphenyls (PCBs)?

A

PCBs are a mixture of synthetic organic chemicals with the same basic chemical structure and similar physical properties ranging from oily liquids to waxy solids. Due to the non-flammability, chemical stability, high boiling point and electrical insulating properties, PCBs were used in hundreds of industrial and commercial applications. They are found in electric transformers, hydraulic equipment and fluorescent light bulbs. PCBs can be a cause of soil contamination.

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11
Q

What does the Phase I environmental report contain?

A
  1. Site reconnaissance of the subject property and a visual survey of the adjacent properties to evaluate potential RECs.
  2. Interviews with past and present owners, operators and occupants.
  3. Record Review of historical sources of information and federal, state, tribal, and local government records.
  4. The written report must include the findings, opinions and conclusions of the EP and supporting documentation. The findings section should also include identification or absence of RECs, historic RECs, CRECs and de minimis conditions.
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12
Q

What does the Phase II environmental report contain?

A

The phase II site assessment involves invasive sampling of the soil and ground water for testing of actual contamination found in the Phase 1 assessment, a determination of the amount of contamination, as well as air quality tests. Phase II is required if the Phase I indicates there is a REC and corrective action is potentially feasible, the Phase I comes to no definite conclusion regarding the presence of a REC.

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13
Q

What is the regulation that environmental professionals must adhere to when completing a phase II enviromental report?

A

ASTME 1903-19

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14
Q

What are the non-scope considerations?

A
  1. Floodplain Managment
  2. Wetlands
  3. Endangered Species
  4. Historic Preservation
  5. Noise
  6. Above Ground Storage Tanks (AST)
  7. Coastal Barriers Resources
  8. Coastal zone management
  9. Environmental Justice
  10. Pipelines
  11. Fall zone hazards
  12. Operating and/or abandoned oil and gas wells, sour gas wells, and slush pits
  13. Fill Material
  14. Airport hazards and clear zones
  15. Chemical and radioactive materials
  16. Sole source aquifiers
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15
Q

What is Floodplain Managment?

A

A FEMA Flood Insurance Rate Map is obtained and used to determine if the property is located within a FEMA designated flood plain and/or flood way. The following documentation is used:
* FEMA Floodway Map
* Elevation Certificate
* Letter of MAP Amendment (LOMA)
* Letter of MAP Revision (LOMR)
* ALTA/ACSM Land Title Survey

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16
Q

What are some exceptions to Floodplain Management?

A
  • Only an incidental portion of the site is located in a 100 year or 500 year floodplain.
  • All construction (including existing improvements) or landscaping activities (except for minor grubbing, clearing of debris, pruning, sodding, sending, etc.) must not occupy or modify the relevant floodplain.
  • The 100 or 500 year floodplain cannot be utilized in the development or support of any project activity, except as passive open or green space.
17
Q

What is required when implementing an exception to Floodplain Management?

A

A restrictive covenant is required. A protective covenant or comparable restriction must be placed on the property’s continued use to preserve the 100 year or 500 year flood plain. The covenant or comparable restriction must run with the land to provide for permanent preservation of the floodplain and must not be dependent on the mortgage instrument.

18
Q

What is the Floodplain Management 8 Step process?

A
  1. Determine whether the property is located in a FEMA designated floodplain or jurisdictional wetland.
  2. Early Public Review –primary method of advising all interested parties of proposed activity and soliciting comments and information necessary to evaluate the probable impact on public interest. Public notice to be made within locality and directly to concerned state and federal agencies.
  3. Identify and evaluate practicable alternatives to locating in the floodplain or impacting the wetlands. Practical alternatives are to evaluate which eliminates development within the floodplain and disturbance to wetlands.
  4. Identify and Evaluate impacts of the proposal. Potential impacts of development within the floodplain and wetlands are to be evaluated, including consideration of economic, environmental and other pertinent factors of the proposed construction. The process is to evaluate both direct and indirect impacts the proposed expansion may have on the floodplain and the wetlands.
  5. Minimize, restore and preserve. For activities that will occur or impact floodplains and wetlands, the decision maker shall insure, to the maximum extent practicable, that the impacts of potential flooding on human health, safety and welfare are minimized and the natural beneficial values served by the floodplains/wetlands are restored and preserved.
  6. Re-evaluate alternatives. The local HUD office is to consider all comments received in response to public notice and hearing as well as comments received from Federal, State and local agencies. The local HUD office is to re-evaluate the proposed alternatives including the “no action” alternative.
  7. Findings and Public Explanation. A decision to proceed with action cannot be made before NEPA documentation is complete. A public notice is required which includes an explanation of why the action was proposed in a 100 year floodplain and which is anticipated to impact wetlands and a statement indicating that the action conforms to state and local flood plain and wetland standards.
  8. Implementation – Upon completion of the above steps and upon completion of the NEPA process, then the resulting decision is to be implemented.
19
Q

When is the Floodplain Management 8 Step process required?

A
  1. For all new construction or substantial rehabilitation/conversion projects which will directly or indirectly impact the 100 year floodplain (or 500 year floodplains) for projects servicing mobility-impaired individuals. A Conditional Letter of MAP Amendment (CLOMA) must be obtained from FEMA.
  2. For all refinance or substantial rehabilitation/non-conversion projects located within the 100 year floodplain or 500 year floodplain for projects servicing mobility impaired individuals. The process typically includes elevation certificates verifying that the lowest floor and/or life support facilitates or ingress or egress of the existing building are no more than 12 inches below the Base Flood Evaluation (BFE).
  3. For new construction located in a 100 year flood plain, if the proposed development directly or indirectly impacts the identified flood plain area, compliance with Executive Order 11988 Floodplain Management is required by either obtaining a Conditional Letter of MAP amendment (CLOMA) or Conditional Letter of MAP Revision (CLOMR) removing entire property from the floodplain or by implementing the 8 step process and a CLOMA or CLOMR.
20
Q

What are Wetlands?

A

Wetlands Protection areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and similar areas. Wetlands are identified on the National Wetland Inventory (NWI) maps maintained by the US Fish and Wildlife Services.

21
Q

What is required for Endangered Species?

A

Endangered Species under Section 7 of the Endangered Species Act, HUD must consult with the US Fish and Wildlife Service (USFWS) or where applicable with the National Oceanic and Atmospheric Administration whenever a proposal may affect an endangered or threatened species and its habitat. Consultation is required for new construction projects. The service has thirty days to respond and fees are usually associated with any inquiries.

22
Q

What is required for Historic Preservation?

A

Historic preservation must follow the National Historic Preservation Act; a letter is sent to the State Historic Preservation Officer (SHPO) and Tribal Historic Preservation Officer (THPO) describing the project, location, area of potential effect (APE) and opinion of whether project would have any effect on historic properties; have 30 days to respond.

23
Q

What is required for Noise?

A

A noise survey is conducted to determine the average exterior noise level at an existing or proposed residential structure. Noise surveys take into consideration the noise generated from airplane traffic, vehicular traffic and noise generated by trains. Major roads within 1,000 feet, civil airports within 5 miles, military airports within 15 miles, railroads within 3,000 feet of the nearest existing or proposed residential structure are incorporated into a noise survey.

Levels of acceptability:
* Acceptable = <65 decibels (dB)
* Normally Unacceptable = 65 dB – 75 dB
* Unacceptable = 75 dB
* Exterior common areas are required to be < 65 dB.
* HUD’s goal for interior noise levels is not to exceed 45 dB.

24
Q

What is a Above Ground Storage Tanks (AST)?

A

Above Ground Storage Tanks (AST) is a holding tank (a cylinder that is oriented horizontally) that has less than 10% of its volume underground.
Documentation includes the following:
* Tank Location – important for calculating the Acceptable Separation Distance (ASD)
* Size of tank
* Contents of tank (diesel fuel, gas heating oil)
* Use of tank (storage for diesel fuel, for emergency generator, heating oil to fuel onsite boilers)
* Whether any previous tanks were located onsite
* Check for soil staining/distressed vegetation associated with current or previous onsite ASTs.

25
Q

What is required for Above Ground Storage Tanks (AST)?

A

For new construction and renovations where unit density is increasing and conversion projects, there must be an Acceptable Separation Distance (ASD) away from above ground storage facilities with explosive or flammable material contents and similar industrial facilities. If the AST fails the ASD calculations, the following options are available for mitigation:
* Bury the hazard
* Build a blast wall around the tank
* Move the tank to an acceptable separation distance

26
Q

What is a Coastal Barriers Resource?

A

Under the Coastal Barriers Resources Act, HUD is prohibited from insuring a project located within a designated coastal barrier of the Atlantic Ocean, Gulf of Mexico, and the Great Lakes. Projects that are located within the coastal barriers designated by the Department of Interior coastal area resource maps will not be accepted for processing.

27
Q

What is Coastal zone management?

A

Coastal zone management is different than coastal barriers. Projects located within the state’s coastal management zone must be found consistent with the approved state coastal zone management program. For new construction and substantial rehabilitations (with ground disturbance) or conversion projects located in a coastal zone, HUD will require a letter from the state coastal zone management agency confirming consistency with the approved program.

28
Q

What is Environmental Justice?

A

HUD will make a determination whether or not Executive Order (EO) “Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations” is applicable to the project.

29
Q

What are Pipelines?

A

Consists of easements on both sides of a pipe from the center of the pipe. All parts of any structure must be at least 10 feet from the outer boundary of the easement for any high pressure gas or liquid petroleum transportation pipeline.

30
Q

What are Fall zone hazards?

A

No structure shall be constructed within the easements of any overhead high voltage transmission line. All structures shall be located outside the engineered fall distance of any support structure for high voltage transmission lines, radio antennae, satellite tower.

31
Q

What are operating and/or abandoned oil and gas wells, sour gas wells, and slush pits?

A

A slush pit is a basin in which drilling “mud” is mixed and circulated during drilling to lubricate and cool the drill bit and to flush away rock cuttings. Due to the expansive nature of betonite, typically contained in drilling mud, slush pit can cause unstable soil conditions.

32
Q

Whati s required of an perating and/or abandoned oil and gas wells, sour gas wells, and slush pits?

A

No dwelling may be located closer than 300 feet from an active or planned oil and gas drilling site or 75 feet from any operating well. This applies to the site boundary, not the actual well location.

33
Q

What is the requirement for fill material?

A

If any part of a site appears to be developed on filled ground, HUD may require that all grading be properly controlled to prevent differential earth movement, sliding, erosion, and/or other occurrences which might damage dwellings, streets, or other improvements.

34
Q

What are Airport hazards and clear zones?

A

Airport clear zones identify the potential for a property to be located in this area is assessed for projects located within 3,000 feet from the end of a civil airport runway or within 2.5 miles from the end of a military airfield. The Accident Potential Zone is an area at a military airfield that is beyond the clear zone.

35
Q

What are the requirements of projects containing Chemical and radioactive materials?

A

HUD will not insure a property where a structure and residents will be exposed to unacceptable risks posed by the proximity to explosive flammable hazards.

36
Q

What are some exclusions to the ASD electronic assessment?

A
  • Underground storage containers
  • Stationary containers of 100 gallons or less capacity
  • Natural gas holders with floating tops
  • Mobile conveyances (tank trucks, barges, railroad tank cars)
  • Pipelines (high pressure natural gas, liquid petroleum)
37
Q

What are Sole source aquifiers?

A

Aquifers are a geological formation, group of formation, or part of a formation that is capable of yielding a significant amount of water to a well or a spring. The Sole Source Aquifer Protection Program is part of the Safe Drinking Water Act of 1975. The act requires protection of drinking water systems that are the sole or principal drinking water source of an area and which, if contaminated, would create a significant hazard to public health.

38
Q

What is HEROES?

A

Related Laws and Authorities addressed in the Partner Worksheets (HEROS):
* Airport Hazards
* Air Quality
* Coastal barrier resources
* Coastal zone management
* Endangered species
* Environmental Assessment Factors
* Environmental Justice
* Explosive/flammable hazards
* Farmland Protection
* Flood Insurance
* Floodplain management
* Historic preservation
* Noise Abatement and Control
* Site Contamination
* Wetlands protection
* Sole Source Aquifiers
* Wetlands Protection
* Wild & Scenic Rivers