Adoption of Updated Standard ASTM E 1527-13 Standard Practice for Environmental Assessments: Phase I Environmental Site Assessment Process, 21479-21480 [2014-08629]
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Federal Register / Vol. 79, No. 73 / Wednesday, April 16, 2014 / Notices
Housing Assistance Restructuring
Program (Mark to Market).
OMB Approval Number: 2502–0533.
Type of Request: Extension of
currently approved collection.
Form Numbers: HUD–9624, HUD–
9625, OPG 2.1, OPG 2.2, OPG 2.7, OPG
2.9, OPG 2.15, OPG 2.16, OPG 2.17,
OPG 3.1, OPG 3.2, OPG 3.3, OPG 3.4,
OPG 3.5, OPG 3.7, OPG 3.8, OPG 4.1,
OPG 4.2, OPG 4.3, OPG 4.4, OPG 4.5,
OPG 4.6, OPG 4.7, OPG 4.8, OPG 4.10,
OPG 4.11, OPG 4.12, OPG 5.1, OPG 5.4,
OPG 5.5, OPG 6.2, OPG 6.5, OPG 6.8,
OPG 6.9, OPG 7.1, OPG 7.2, OPG 7.3,
OPG 7.3TPA, OPG 7.5, OPG 7.6, OPG
7.7, OPG 7.8, OPG 7.9, OPG 7.11, OPG
7.12, OPG 7.13, OPG 7.14, OPG 7.16,
OPG 7.21, OPG 7.22, OPG 7.23, OPG
7.24, OPG 7.25, OPG 8.1, OPG 9.10,
OPG 9.11, OPG 10.2, OPG 10.4a, OPG
10.4b, OPG 10.6a, OPG 10.8, OPG
Appendix M, Attachment 1, OPG
Appendix M Attachment 2, OPG 11.1.
Description of the need for the
information and proposed use: The
Mark to Market Program is authorized
under the Multifamily Assisted Housing
Reform and Affordability Act of 1997 as
extended by the Market to Market
Extension Act of 2001. The information
collection is required and will be used
to determine the eligibility of FHAinsured multifamily properties for
participation in the Mark to Market
program and the terms on which such
participation should occur as well as to
process eligible properties from
acceptance into the program through
closing of the mortgage restructure in
accordance with program guidelines.
The result of participation in the
program is the refinancing and
restructure of the property’s FHAinsured mortgage and, generally the
reduction of Section 8 rent payments
and establishment of adequately funded
accounts to fund required repair and
rehabilitation of the property.
Respondents (i.e. affected public):
Contractors and tenants.
Estimated Number of Respondents:
126.
Estimated Number of Responses:
1922.
Frequency of Response: On occasion.
Average Hours per Response: 1.26
Total Estimated Burdens: 2412.3.
pmangrum on DSK3VPTVN1PROD with NOTICES
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
VerDate Mar<15>2010
15:20 Apr 15, 2014
Jkt 232001
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: April 9, 2014.
Laura M. Marin,
Associate General Deputy Assistant Secretary
for Housing—Associate Deputy Federal
Housing Commissioner.
[FR Doc. 2014–08630 Filed 4–15–14; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5773–N–01]
Adoption of Updated Standard ASTM E
1527–13 Standard Practice for
Environmental Assessments: Phase I
Environmental Site Assessment
Process
Office of Housing of the
Assistant Secretary for Housing—
Federal Housing Commissioner, HUD.
AGENCY:
ACTION:
Notice.
This notice updates guidance
documents of HUD’s Office of Housing
and Federal Housing Administration
(FHA) that reference the ASTM E 1527–
05 standard for Phase I Environmental
Site Assessments (ESAs) to the most
recent standard, ASTM E 1527–13.
SUMMARY:
DATES:
Effective Date: May 16, 2014.
FOR FURTHER INFORMATION CONTACT:
Hilary Atkin, Housing Environmental
Officer, Office of Housing, Department
of Housing and Urban Development,
451 7th Street SW., Room 9132,
Washington, DC 20410, telephone 202–
402–3427 (this is not a toll-free
number). Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at 800–877–
8339.
SUPPLEMENTARY INFORMATION:
PO 00000
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Fmt 4703
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21479
I. Background
HUD environmental regulations state
that ‘‘[i]t is HUD policy that all property
proposed for use in HUD programs be
free of hazardous materials,
contamination, toxic chemicals and
gasses, and radioactive substances,
where a hazard could affect the health
and safety of occupants or conflict with
the intended utilization of the property’’
(24 CFR 50.3(i)(1)). In order to
accomplish this policy, ‘‘HUD shall
require the use of current techniques by
qualified professionals. . .’’ (24 CFR
50.3(i)(4)). Currently, a Phase I ESA in
accordance with ASTM E 1527–05 is
required by several guidance documents
throughout Office of Housing/FHA,
including, but not limited to, the
Multifamily Accelerated Processing
(MAP) Guide, the Condominium Project
Approval and Processing Guide,
Handbook 4600.1 REV–1, Section 232
Mortgage Insurance for Residential Care
Facilities, and Handbook 4615.1,
Mortgage Insurance for Hospitals.
In November 2013, ASTM
International published ASTM E 1527–
13, Standard Practice for Environmental
Site Assessments: Phase I
Environmental Site Assessment Process.
ASTM E 1527–13 defines good
commercial and customary practice in
the United States for conducting an
Environmental Site Assessment (ESA) of
a parcel of commercial real estate with
respect to the range of contaminants
within the scope of the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA) (42 U.S.C.
9601) and petroleum products. In order
for a defendant to limit liability for a
release of hazardous substances,
CERCLA requires that the defendant has
‘‘no reason to know’’ that the hazardous
substance involved in the release or
threatened release was present. In
establishing no reason to know, the
defendant must be able to show that it
carried out, on or before the date on
which the defendant acquired the
facility, all appropriate inquiries into
the previous ownership and uses of the
facility in accordance with generally
accepted good commercial and
customary standards and practices, and
took other reasonable steps (42 U.S.C.
9601(35)(B)(i)). The standards and
practices that determine whether all
appropriate inquiries have been carried
out are established by regulation by the
Environmental Protection Agency (EPA)
(42 U.S.C. 9601(35)(B)(ii)). On December
30, 2013, the EPA updated these
standards, and allowed parties to use
ASTM E 1527–13 rather than the
previous standard, ASTM E 1527–05 (78
FR 79319).
E:\FR\FM\16APN1.SGM
16APN1
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21480
Federal Register / Vol. 79, No. 73 / Wednesday, April 16, 2014 / Notices
HUD’s regulation at 24 CFR 50.3(i)(1)
states as a matter of policy that all
property to be used in HUD programs be
free of hazardous substances, and
§ 50.3(i)(2) requires that HUD’s
environmental review include
evaluation of previous uses of the site
and other evidence of contamination on
or near the site, ‘‘to assure that
occupants of proposed sites are not
adversely affected’’ by hazardous
substances. Additionally, FHA’s General
Insurance Fund (GIF) and Mutual
Mortgage Insurance (MMI) Fund can be
at legal risk if HUD acquires a property
and subsequently a hazardous substance
is released or threatened to be released.
For these reasons, adoption of the
updated standard protects the GIF and
MMI Fund from risks stemming from
insuring sites with hazardous waste
and/or petroleum product
contamination. The updated standard
will better equip HUD’s Office of
Housing/FHA staff to assess such risks
as the standard includes updated
definitions that will more fully inform
the Office of Housing/FHA about the
environmental conditions on the subject
property.
One advantage of ASTM E 1527–13 is
that it newly defines Controlled
Recognized Environmental Conditions
(CREC), which must be identified in the
Phase I ESA. The new CREC definition
will result in some environmental
conditions being listed as CRECs if they
have been remediated to restricted
levels, as opposed to an unrestricted or
de minimis level, and will be a great
tool for Office of Housing/FHA staff to
assess whether the site is appropriate for
residential use. The definition does not
create new analyses or documentation,
as Phase I ESAs that were compliant
with ASTM E 1527–05 would have
discussed CRECs in the context of being
either a Recognized Environmental
Condition (REC) or a Historical
Recognized Environmental Condition
(HREC).
The ASTM E 1527–13 standard also
newly defines migration, which
includes hazardous waste or petroleum
products in vapor form. Previous to this
definition, it was unclear whether
vapors had to be assessed under a Phase
I ESA, and as a result many Phase I ESA
reports did not include this analysis.
The new definition will generally not
change Office of Housing/FHA Phase I
ESA report requirements, however, as
the Office of Housing/FHA has required
that a Vapor Encroachment Survey
performed in accordance with ASTM E
2600–10 be incorporated into the Phase
I ESA report for several years, and will
continue to do so.
VerDate Mar<15>2010
15:20 Apr 15, 2014
Jkt 232001
Finally, ASTM E 1527–13 modifies
the definitions of HREC to require
evaluation of whether a historical
release of a hazardous waste or
petroleum product that was addressed
to the satisfaction of the regulatory
authority in the past is considered a
REC at the time the Phase I ESA is
prepared because of a change in
regulatory criteria. Such an analysis was
conducted by many Phase I ESA
preparers under the past standard, but
the modification of the definition
clarifies this requirement.
II. Action
ASTM E 1527–13 is formally adopted
by the Office of Housing/FHA through
this notice. Wherever ASTM E 1527–05
is referenced in Office of Housing/FHA
guidance, participants in Office of
Housing/FHA programs, funding
recipients, FHA-insured mortgagees,
and contractors must use ASTM E
1527–13. The Office of Housing/FHA
will update guidance documents to
reflect the adoption of ASTM E 1527–
13 for Phase I ESA reports.
Dated: April 10, 2014.
Carol Galante,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2014–08629 Filed 4–15–14; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2014–N040;
FXES11120200000–145–FF02ENEH00]
Notice of Availability: Draft
Environmental Assessment and Draft
Oil and Gas Industry Conservation
Plan for the American Burying Beetle
in Oklahoma
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability of
documents; request for public comment.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of a draft environmental
assessment (EA), under the National
Environmental Policy Act of 1969
(NEPA), that evaluates the impacts of,
and alternatives to the proposed Oil and
Gas Industry Conservation Plan (ICP) for
incidental take of the federally listed
American burying beetle resulting from
activities associated with geophysical
exploration (seismic), development,
extraction, or transport of crude oil,
natural gas, and/or other petroleum
products, and maintenance, operation,
SUMMARY:
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
repair, and decommissioning of oil and
gas pipelines and well field
infrastructure. The proposed ICP
Planning Area consists of 45 counties in
Oklahoma. Individual oil and gas
companies would apply for Endangered
Species Act (ESA) permits for incidental
take associated with activities covered
in the ICP and agree to comply with the
terms and conditions of the ICP.
DATES: Comments: We will accept
comments received or postmarked on or
before April 30, 2014. Comments
submitted electronically must be
received by 11:59 p.m. Central Time on
the closing date. Comments submitted
by U.S. mail must be postmarked by the
closing date. Any comments we receive
after the closing date or not postmarked
by the closing date may not be
considered in the final decision on this
action.
ADDRESSES: Obtaining Documents:
• Internet: You may obtain copies of
the draft EA and draft ICP on the
Internet on the Service’s Web site at
www.fws.gov/southwest/es/oklahoma/
ABBICP.
• U.S. Mail: A limited number of CD–
ROM and printed copies of the draft EA
and draft ICP are available, by request,
from the Field Supervisor, by mail at
Oklahoma Ecological Services Field
Office, 9014 E. 21st St., Tulsa, OK
74129; by phone at 918–581–7458; or by
fax at 918–581–7467. Please note that
your request is in reference to the ICP
for ABB in Oklahoma.
• In-Person: Copies of the draft EA
and draft ICP are also available for
public inspection and review at the
following locations, by appointment and
written request only, 8 a.m. to 4:30 p.m.:
Æ U.S. Fish and Wildlife Service, 500
Gold Avenue SW., Room 6034,
Albuquerque, NM 87102.
Æ U.S. Fish and Wildlife Service,
9014 E. 21st St., Tulsa, OK 74129.
Comment submission: You may
submit written comments by one of the
following methods:
Æ U.S. Mail: U.S. Fish and Wildlife
Service, 9014 E. 21st St., Tulsa, OK
74129.
Æ Electronically: ABB_ICP@fws.gov.
FOR FURTHER INFORMATION CONTACT:
Alisa Shull, Acting Field Supervisor, by
U.S. mail at the U.S. Fish and Wildlife
Service, Oklahoma Ecological Services
Field Office, 9014 E. 21st St., Tulsa, OK
74129; or by phone at 918–581–7458.
SUPPLEMENTARY INFORMATION: Under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), this notice
advises the public that we, the Service,
have gathered the information necessary
to determine impacts and formulate
alternatives for the draft EA related to
E:\FR\FM\16APN1.SGM
16APN1
Agencies
[Federal Register Volume 79, Number 73 (Wednesday, April 16, 2014)]
[Notices]
[Pages 21479-21480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08629]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5773-N-01]
Adoption of Updated Standard ASTM E 1527-13 Standard Practice for
Environmental Assessments: Phase I Environmental Site Assessment
Process
AGENCY: Office of Housing of the Assistant Secretary for Housing--
Federal Housing Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice updates guidance documents of HUD's Office of
Housing and Federal Housing Administration (FHA) that reference the
ASTM E 1527-05 standard for Phase I Environmental Site Assessments
(ESAs) to the most recent standard, ASTM E 1527-13.
DATES: Effective Date: May 16, 2014.
FOR FURTHER INFORMATION CONTACT: Hilary Atkin, Housing Environmental
Officer, Office of Housing, Department of Housing and Urban
Development, 451 7th Street SW., Room 9132, Washington, DC 20410,
telephone 202-402-3427 (this is not a toll-free number). Persons with
hearing or speech impairments may access this number through TTY by
calling the toll-free Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
HUD environmental regulations state that ``[i]t is HUD policy that
all property proposed for use in HUD programs be free of hazardous
materials, contamination, toxic chemicals and gasses, and radioactive
substances, where a hazard could affect the health and safety of
occupants or conflict with the intended utilization of the property''
(24 CFR 50.3(i)(1)). In order to accomplish this policy, ``HUD shall
require the use of current techniques by qualified professionals. . .''
(24 CFR 50.3(i)(4)). Currently, a Phase I ESA in accordance with ASTM E
1527-05 is required by several guidance documents throughout Office of
Housing/FHA, including, but not limited to, the Multifamily Accelerated
Processing (MAP) Guide, the Condominium Project Approval and Processing
Guide, Handbook 4600.1 REV-1, Section 232 Mortgage Insurance for
Residential Care Facilities, and Handbook 4615.1, Mortgage Insurance
for Hospitals.
In November 2013, ASTM International published ASTM E 1527-13,
Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process. ASTM E 1527-13 defines good
commercial and customary practice in the United States for conducting
an Environmental Site Assessment (ESA) of a parcel of commercial real
estate with respect to the range of contaminants within the scope of
the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) (42 U.S.C. 9601) and petroleum products. In order for a
defendant to limit liability for a release of hazardous substances,
CERCLA requires that the defendant has ``no reason to know'' that the
hazardous substance involved in the release or threatened release was
present. In establishing no reason to know, the defendant must be able
to show that it carried out, on or before the date on which the
defendant acquired the facility, all appropriate inquiries into the
previous ownership and uses of the facility in accordance with
generally accepted good commercial and customary standards and
practices, and took other reasonable steps (42 U.S.C. 9601(35)(B)(i)).
The standards and practices that determine whether all appropriate
inquiries have been carried out are established by regulation by the
Environmental Protection Agency (EPA) (42 U.S.C. 9601(35)(B)(ii)). On
December 30, 2013, the EPA updated these standards, and allowed parties
to use ASTM E 1527-13 rather than the previous standard, ASTM E 1527-05
(78 FR 79319).
[[Page 21480]]
HUD's regulation at 24 CFR 50.3(i)(1) states as a matter of policy
that all property to be used in HUD programs be free of hazardous
substances, and Sec. 50.3(i)(2) requires that HUD's environmental
review include evaluation of previous uses of the site and other
evidence of contamination on or near the site, ``to assure that
occupants of proposed sites are not adversely affected'' by hazardous
substances. Additionally, FHA's General Insurance Fund (GIF) and Mutual
Mortgage Insurance (MMI) Fund can be at legal risk if HUD acquires a
property and subsequently a hazardous substance is released or
threatened to be released. For these reasons, adoption of the updated
standard protects the GIF and MMI Fund from risks stemming from
insuring sites with hazardous waste and/or petroleum product
contamination. The updated standard will better equip HUD's Office of
Housing/FHA staff to assess such risks as the standard includes updated
definitions that will more fully inform the Office of Housing/FHA about
the environmental conditions on the subject property.
One advantage of ASTM E 1527-13 is that it newly defines Controlled
Recognized Environmental Conditions (CREC), which must be identified in
the Phase I ESA. The new CREC definition will result in some
environmental conditions being listed as CRECs if they have been
remediated to restricted levels, as opposed to an unrestricted or de
minimis level, and will be a great tool for Office of Housing/FHA staff
to assess whether the site is appropriate for residential use. The
definition does not create new analyses or documentation, as Phase I
ESAs that were compliant with ASTM E 1527-05 would have discussed CRECs
in the context of being either a Recognized Environmental Condition
(REC) or a Historical Recognized Environmental Condition (HREC).
The ASTM E 1527-13 standard also newly defines migration, which
includes hazardous waste or petroleum products in vapor form. Previous
to this definition, it was unclear whether vapors had to be assessed
under a Phase I ESA, and as a result many Phase I ESA reports did not
include this analysis. The new definition will generally not change
Office of Housing/FHA Phase I ESA report requirements, however, as the
Office of Housing/FHA has required that a Vapor Encroachment Survey
performed in accordance with ASTM E 2600-10 be incorporated into the
Phase I ESA report for several years, and will continue to do so.
Finally, ASTM E 1527-13 modifies the definitions of HREC to require
evaluation of whether a historical release of a hazardous waste or
petroleum product that was addressed to the satisfaction of the
regulatory authority in the past is considered a REC at the time the
Phase I ESA is prepared because of a change in regulatory criteria.
Such an analysis was conducted by many Phase I ESA preparers under the
past standard, but the modification of the definition clarifies this
requirement.
II. Action
ASTM E 1527-13 is formally adopted by the Office of Housing/FHA
through this notice. Wherever ASTM E 1527-05 is referenced in Office of
Housing/FHA guidance, participants in Office of Housing/FHA programs,
funding recipients, FHA-insured mortgagees, and contractors must use
ASTM E 1527-13. The Office of Housing/FHA will update guidance
documents to reflect the adoption of ASTM E 1527-13 for Phase I ESA
reports.
Dated: April 10, 2014.
Carol Galante,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2014-08629 Filed 4-15-14; 8:45 am]
BILLING CODE 4210-67-P