Environmental

1. Does ORCF require the Phase I ESA and the Environmental Review information to be submitted as two separate documents or, may they be combined into one document?
2. Will ORCF allow other types of expert inspectors to provide conformance letters on Above Ground Storage Tanks (AST) if the governing Fire Department/District can’t or won’t?
3. Section 232 projects are often required to have an evacuation plan, such as when a floodplain is on site. Is there any available guidance on acceptable evacuation plans required when a floodplain is on site?
4. Does ORCF require a specific format (e.g. HEROS or HUD-4128) for Environmental Review information from the Lender?

1. Does ORCF require the Phase I ESA and the Environmental Review information to be submitted as two separate documents or, may they be combined into one document? The Environmental Review may either be included in the Phase I ESA document or in a separate report, such as a HEROS Environmental Review Record. See HB 4232.1 REV-1, Section II, Production, Chapter 7 (7.1.A.3). -- Aug-23


2. Will ORCF allow other types of expert inspectors to provide conformance letters on Above Ground Storage Tanks (AST) if the governing Fire Department/District can’t or won’t?
   For projects where the existing residential capacity (beds or units) will not be increased, the ORCF Handbook 4232.1 REV-1 requires the lender to request a conformance letter for the AST from the local fire department/District. If the Fire Department does not respond, a private-party inspector’s opinion may be submitted to HUD for consideration. The HUD reviewer will rely on available information to determine if mitigation of the AST is required. (Exception: Liquefied petroleum gas or propane (LPG/propane) containers up to 1,000 gallons in capacity that comply with National Fire Protection Association (NFPA) Code 58 (version 2017) are exempt from this requirement effective February 24, 2020. Documentation of compliance must be submitted. Reference 24 CFR Part 51 Subpart C, revised 1/24/2020)See also, Sample Memo: Documentation of Compliance with NFPA 58 (2017) - HUD. See Link here: https://www.hud.gov/sites/dfiles/Housing/documents/Smple_Memo_NFPA.docx
   
   In cases where beds or units will be added to increase the project’s residential capacity, the separation distance and mitigation standards from 24 CFR 51 Subpart C apply. -- Dec 23
    
3. Section 232 projects are often required to have an evacuation plan, such as when a floodplain is on site. Is there any available guidance on acceptable evacuation plans required when a floodplain is on site? On September 8, 2016 the Federal Register posted the final rule Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers. Information is available at: https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertEmergPrep/Emergency-Prep-Rule See also Section 6.a, b and c in the Lender's Environmental Checklist (https://www.hud.gov/sites/documents/223f_EnvChecklist.xlsx);
   See also the Emergency Preparedness Checklist: Recommended Tool for Effective Health Care Facility Planning( https://www.lifespan-network.org/sites/default/files/EmergencyPreparednessChecklist.pdf ), published by the Centers for Medicare and Medicaid Services. This document is an emergency preparedness checklist intended for all healthcare facilities. It can help these facilities, including long-term care facilities, determine their level of preparedness and action steps. -- Dec-22
4. Does ORCF require a specific format (e.g. HEROS or HUD-4128) for Environmental Review information from the Lender ?
   Beginning in February 2020, third-party environmental reviews for Section 232 mortgage insurance applications have been accepted through the HUD Environmental Review Online System (HEROS) when approved by the lender. As noted in ORCF’s February 24,2021 Email Blast, HEROS submissions, when completed thoroughly and accurately and in accordance with ORCF guidance, will help to expedite the Section 232 environmental review process. While such submissions remain voluntary at this time, lenders are encouraged to use HEROS submissions to facilitate completion of environmental reviews. In addition, the mortgage insurance application must include supporting documentation for each compliance factor outlined in HB 4232.1 REV-1, Section II, Production, Chapter 7. See ORCF's Section 232 Handbook here: https://www.hud.gov/program_offices/administration/hudclips/handbooks/hsgh/42321 Lenders are also encouraged to use the Lender's Environmental Checklist tool prior to application submission: https://www.hud.gov/sites/dfiles/Housing/documents/223F_ENVCHECKLIST.xlsx -- Apr 23