1、357 Office of the Secretary, HUD 51.2 50.42 Cases when an EIS is required. (a) An EIS is required if the proposal is determined to have a significant im-pact on the human environment pursu-ant to subpart E. (b) An EIS will normally be required if the proposal: (1) Would provide a site or sites for h
2、ospitals or nursing homes containing a total of 2,500 or more beds; or (2) Would remove, demolish, convert, or substantially rehabilitate 2,500 or more existing housing units (but not including rehabilitation projects cat-egorically excluded under 50.20), or which would result in the construction or
3、 installation of 2,500 or more housing units, or which would provide sites for 2,500 or more housing units. (c) When the environmental concerns of one or more Federal authorities cited in 50.4 will be affected by the proposal, the cumulative impact of all such effects should be assessed to de-termin
4、e whether an EIS is required. Where all of the affected authorities provide alternative procedures for reso-lution, those procedures should be used in lieu of an EIS. 50.43 Emergencies. In cases of national emergency and disasters or cases of imminent threat to health and safety or other emer-gency
5、which require the taking of an action with significant environmental impact, the provisions of 40 CFR 1506.11 and of any applicable 50.4 authorities which provide for emergencies shall apply. PART 51ENVIRONMENTAL CRITERIA AND STANDARDS Subpart AGeneral Provisions Sec. 51.1 Purpose. 51.2 Authority. 5
6、1.3 Responsibilities. 51.4 Program coverage. Subpart BNoise Abatement and Control 51.100 Purpose and authority. 51.101 General policy. 51.102 Responsibilities. 51.103 Criteria and standards. 51.104 Special requirements. 51.105 Exceptions. 51.106 Implementation. APPENDIX I TO SUBPART B OF PART 51DEFI
7、-NITION OF ACOUSTICAL QUANTITIES Subpart CSiting of HUD-Assisted Projects Near Hazardous Operations Handling Conventional Fuels or Chemicals of an Explosive or Flammable Nature 51.200 Purpose. 51.201 Definitions. 51.202 Approval of HUD-assisted projects. 51.203 Safety standards. 51.204 HUD-assisted
8、hazardous facilities. 51.205 Mitigating measures. 51.206 Implementation. 51.207 Special circumstances. 51.208 Reservation of administrative and legal rights. APPENDIX I TO SUBPART C OF PART 51SPE-CIFIC HAZARDOUS SUBSTANCES APPENDIX II TO SUBPART C OF PART 51DE-VELOPMENT OF STANDARDS; CALCULATION MET
9、HODS Subpart DSiting of HUD Assisted Projects in Runway Clear Zones at Civil Airports and Clear Zones and Accident Poten-tial Zones at Military Airfields 51.300 Purpose. 51.301 Definitions. 51.302 Coverage. 51.303 General policy. 51.304 Responsibilities. 51.305 Implementation. AUTHORITY: 42 U.S.C. 3
10、535(d), unless other-wise noted. SOURCE: 44 FR 40861, July 12, 1979, unless otherwise noted. Subpart AGeneral Provisions 51.1 Purpose. The Department of Housing and Urban Development is providing pro-gram Assistant Secretaries and admin-istrators and field offices with environ-mental standards, crit
11、eria and guide-lines for determining project accept-ability and necessary mitigating meas-ures to insure that activities assisted by the Department achieve the goal of a suitable living environment. 51.2 Authority. This part implements the Depart-ments responsibilities under: The Na-tional Housing A
12、ct (12 U.S.C. 1701 et seq.); sec. 2 of the Housing Act of 1949 (42 U.S.C. 1441); secs. 2 and 7(d) of the Department of Housing and Urban De-velopment Act (42 U.S.C. 3531 and VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00367 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBL
13、C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-358 24 CFR Subtitle A (4111 Edition) 51.3 3535(d); the National Environmental Policy Act of 1969 (42 U.S.C. 4321); and the other statutes that are referred to in this part. 61 FR 13333, M
14、ar. 26, 1996 51.3 Responsibilities. The Assistant Secretary for Commu-nity Planning and Development is re-sponsible for administering HUDs en-vironmental criteria and standards as set forth in this part. The Assistant Secretary for Community Planning and Development may be assisted by HUD officials
15、in implementing the respon-sibilities established by this part. HUD will identify these HUD officials and their specific responsibilities through FEDERAL REGISTER notice. 61 FR 13333, Mar. 26, 1996 51.4 Program coverage. Environmental standards shall apply to all HUD actions except where spe-cial pr
16、ovisions and exemptions are con-tained in each subpart. Subpart BNoise Abatement and Control 51.100 Purpose and authority. (a) It is the purpose of this subpart B to: (1) Call attention to the threat of noise pollution; (2) Encourage the control of noise at its source in cooperation with other Feder
17、al departments and agencies; (3) Encourage land use patterns for housing and other noise sensitive urban needs that will provide a suit-able separation between them and major noise sources; (4) Generally prohibit HUD support for new construction of noise sensitive uses on sites having unacceptable n
18、oise exposure; (5) Provide policy on the use of struc-tural and other noise attenuation measures where needed; and (6) Provide policy to guide implemen-tation of various HUD programs. (b) Authority. Specific authorities for noise abatement and control are con-tained in the Noise Control Act of 1972,
19、 as amended (42 U.S.C. 4901 et seq.); and the General Services Administration, Federal Management Circular 752; Compatible Land Uses at Federal Air-fields. 44 FR 40861, July 12, 1979, as amended at 61 FR 13333, Mar. 26, 1996 51.101 General policy. (a) It is HUDs general policy to pro-vide minimum na
20、tional standards ap-plicable to HUD programs to protect citizens against excessive noise in their communities and places of residence. (1) Planning assistance. HUD requires that grantees give adequate consider-ation to noise exposures and sources of noise as an integral part of the urban environment
21、 when HUD assistance is provided for planning purposes, as fol-lows: (i) Particular emphasis shall be placed on the importance of compatible land use planning in relation to air-ports, highways and other sources of high noise. (ii) Applicants shall take into consid-eration HUD environmental standard
22、s impacting the use of land. (2) Activities subject to 24 CFR part 58. (i) Responsible entities under 24 CFR part 58 must take into consideration the noise criteria and standards in the environmental review process and con-sider ameliorative actions when noise sensitive land development is proposed
23、in noise exposed areas. Responsible en-tities shall address deviations from the standards in their environmental re-views as required in 24 CFR part 58. (ii) Where activities are planned in a noisy area, and HUD assistance is con-templated later for housing and/or other noise sensitive activities, t
24、he re-sponsible entity risks denial of the HUD assistance unless the HUD stand-ards are met. (3) HUD support for new construction. HUD assistance for the construction of new noise sensitive uses is prohibited generally for projects with unaccept-able noise exposures and is discouraged for projects w
25、ith normally unaccept-able noise exposure. (Standards of ac-ceptability are contained in 51.103(c).) This policy applies to all HUD pro-grams providing assistance, subsidy or insurance for housing, manufactured home parks, nursing homes, hospitals, and all programs providing assistance or insurance
26、for land development, re-development or any other provision of VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00368 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-
27、,-359 Office of the Secretary, HUD 51.102 facilities and services which are di-rected to making land available for housing or noise sensitive develop-ment. The policy does not apply to re-search demonstration projects which do not result in new construction or re-construction, flood insurance, inter
28、-state land sales egistration, or any ac-tion or emergency assistance under dis-aster assistance provisions or appro-priations which are provided to save lives, protect property, protect public health and safety, remove debris and wreckage, or assistance that has the ef-fect of restoring facilities
29、substantially as they existed prior to the disaster. (4) HUD support for existing construc-tion. Noise exposure by itself will not result in the denial of HUD support for the resale and purchase of otherwise acceptable existing buildings. However, environmental noise is a marketability factor which
30、HUD will consider in de-termining the amount of insurance or other assistance that may be given. (5) HUD support of modernization and rehabilitation. For modernization projects located in all noise exposed areas, HUD shall encourage noise at-tenuation features in alterations. For major or substantia
31、l rehabilitation projects in the Normally Unacceptable and Unacceptable noise zones, HUD ac-tively shall seek to have project spon-sors incorporate noise attenuation fea-tures, given the extent and nature of the rehabilitation being undertaken and the level or exterior noise expo-sure. In Unacceptab
32、le noise zones, HUD shall strongly encourage conversion of noise-exposed sites to land uses com-patible with the high noise levels. (6) Research, guidance and publica-tions. HUD shall maintain a continuing program designed to provide new knowledge of noise abatement and con-trol to public and privat
33、e bodies, to de-velop improved methods for antici-pating noise encroachment, to develop noise abatement measures through land use and building construction practices, and to foster better under-standing of the consequences of noise. It shall be HUDs policy to issue guid-ance documents periodically t
34、o assist HUD personnel in assigning an accept-ability category to projects in accord-ance with noise exposure standards, in evaluating noise attenuation measures, and in advising local agencies about noise abatement strategies. The guid-ance documents shall be updated peri-odically in accordance wit
35、h advances in the state-of-the-art. (7) Construction equipment, building equipment and appliances. HUD shall en-courage the use of quieter construction equipment and methods in population centers, the use of quieter equipment and appliances in buildings, and the use of appropriate noise abatement te
36、chniques in the design of residential structures with potential noise prob-lems. (8) Exterior noise goals. It is a HUD goal that exterior noise levels do not exceed a day-night average sound level of 55 decibels. This level is rec-ommended by the Environmental Pro-tection Agency as a goal for outdoo
37、rs in residential areas. The levels rec-ommended by EPA are not standards and do not take into account cost or feasibility. For the purposes of this regulation and to meet other program objectives, sites with a day-night aver-age sound level of 65 and below are ac-ceptable and are allowable (see Sta
38、nd-ards in 51.103(c). (9) Interior noise goals. It is a HUD goal that the interior auditory envi-ronment shall not exceed a day-night average sound level of 45 decibels. At-tenuation measures to meet these inte-rior goals shall be employed where fea-sible. Emphasis shall be given to noise sensitive
39、interior spaces such as bed-rooms. Minimum attenuation require-ments are prescribed in 51.104(a). (10) Acoustical privacy in multifamily buildings. HUD shall require the use of building design and acoustical treat-ment to afford acoustical privacy in multifamily buildings pursuant to re-quirements o
40、f the Minimum Property Standards. 44 FR 40861, July 12, 1979, as amended at 50 FR 9268, Mar. 7, 1985; 61 FR 13333, Mar. 26, 1996 51.102 Responsibilities. (a) Surveillance of noise problem areas. Appropriate field staff shall maintain surveillance of potential noise problem areas and advise local off
41、icials, devel-opers, and planning groups of the unacceptability of sites because of noise exposure at the earliest possible VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00369 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo rep
42、roduction or networking permitted without license from IHS-,-,-360 24 CFR Subtitle A (4111 Edition) 51.103 time in the decision process. Every at-tempt shall be made to insure that ap-plicants site choices are consistent with the policy and standards con-tained herein. (b) Notice to applicants. At t
43、he earliest possible stage, HUD program staff shall: (1) Determine the suitability of the acoustical environment of proposed projects; (2) Notify applicants of any adverse or questionable situations; and (3) Assure that prospective applicants are apprised of the standards contained herein so that fu
44、ture site choices will be consistent with these standards. (c) Interdepartmental coordination. HUD shall foster appropriate coordina-tion between field offices and other de-partments and agencies, particularly the Environmental Protection Agency, the Department of Transportation, De-partment of Defe
45、nse representatives, and the Department of Veterans Af-fairs. HUD staff shall utilize the ac-ceptability standards in commenting on the prospective impacts of transpor-tation facilities and other noise gen-erators in the Environmental Impact Statement review process. 44 FR 40861, July 12, 1979, as a
46、mended at 54 FR 39525, Sept. 27, 1989; 61 FR 13333, Mar. 26, 1996 51.103 Criteria and standards. These standards apply to all pro-grams as indicated in 51.101. (a) Measure of external noise environ-ments. The magnitude of the external noise environment at a site is deter-mined by the value of the da
47、y-night av-erage sound level produced as the re-sult of the accumulation of noise from all sources contributing to the external noise environment at the site. Day- night average sound level, abbreviated as DNL and symbolized as Ldn, is the 24- hour average sound level, in decibels, obtained after ad
48、dition of 10 decibels to sound levels in the night from 10 p.m. to 7 a.m. Mathematical expressions for average sound level and day-night av-erage sound level are stated in the Ap-pendix I to this subpart. (b) Loud impulsive sounds. On an in-terim basis, when loud impulsive sounds, such as explosions
49、 or sonic booms, are experienced at a site, the day-night average sound level produced by the loud impulsive sounds alone shall have 8 decibels added to it in as-sessing the acceptability of the site (see appendix I to this subpart). Alter-natively, the C-weighted day-night av-erage sound level (LCdn) may be used without the 8 decibel addition, as indi-cated in 51.106(a)(3). Methods for as-sessing the contribution of loud impul-sive so
