Chapter 5: Conducting an Environmental Assessment¹

Tribal Lead Agencies requesting to use CCDF monies for construction or renovation are required to conduct an environmental assessment in accordance with the National Environmental Policy Act (NEPA).  Guidance regarding compliance with NEPA is contained in Program Instruction ACYF-PI-CC-04-01, dated January 23, 2004  (Appendix B).  The following chapter is designed to provide more practical suggestions about items to consider in an assessment, as well as resources and contacts for obtaining additional information.

An environmental assessment should be completed early in the planning process.  This will allow the Tribe to determine whether or not the site selected for the child care facility is suitable before the start of later-stage planning, such as the development of architectural plans and specifications.

The Head Start Bureau has developed a Head Start Facilities Environmental Documentation Course on CD-ROM.  It includes guidance and a form to help grantees prepare environmental assessments in accordance with the National Environmental Policy Act.  Although designed for Head Start grantees, the material is generally applicable to CCDF as well.  Copies of the CD-ROM are available from the Tribal Child Care Technical Assistance Center (TriTAC) (800-388-7670; TriTAC@namshq.com).

Some Tribes have their own environmental or natural resource staff that may be able to help.  In addition, the Bureau of Indian Affairs has Area Office Environmental Coordinators who can provide assistance regarding assessments.

General information concerning NEPA can be obtained from the Council on Environmental Quality.  Call (202) 395-5750 or visit the Council’s NEPAnet Web site at http://ceq.hss.doe.gov/nepa/nepanet.htm.

The following areas may be considered part of an environmental assessment:

1. Floodplain Management
2. Wetlands Protection
3. Protection of Endangered Species
4. Toxic Chemicals and Radioactive Materials
5. Protection of Farmlands
6. Historic Preservation
7. Presence of Natural Hazards
8. Presence of Man-Made Hazards and Nuisances

I. Floodplain Management

Federal policy strongly discourages the occupancy and development of a floodplain wherever there is a practicable alternative for a project.

"Floodplain" means the Special Flood Hazard Area (SFHA) identified on the flood maps published for the National Flood Insurance Program (NFIP) by the Federal Emergency Management Agency (FEMA). These maps should be referenced when inquiring whether a project is located within a floodplain. Flood maps are generally available for viewing in a community's land planning or building permit office. Flood maps are also available through FEMA's Map Service Center. Call (800) 358-9616 or visit the FEMA Map Service Center on the Web at http://msc.fema.gov.

Mandatory Purchase of Flood Insurance

As a condition of funding approval, the property owner must purchase and maintain flood insurance whenever the owner's building is located within the SFHA and is benefiting from federal assistance (Sec. 102(a) of the Federal Disaster Protection Act of 1972). Furthermore, the use of federal assistance is prohibited for a building located within the SFHA, unless the community in which the building is located is participating in the NFIP (Sec. 202(a) of the Act).

The NFIP is administered by FEMA and is available only in communities that adopt and adequately enforce the requirements for floodproofing, elevating the construction of new buildings, or the substantial improvement of existing buildings located within the SFHA.

A "Flood Insurance Rate Map" (FIRM) published by FEMA can be used to determine whether a building is located within the SFHA and therefore subject to the flood insurance purchase requirements.  FIRMs can be ordered online from FEMA’s Map Service Center.  The Map Service Center’s Web site can also be used to create “FIRMettes,” a full-scale section of a FEMA Flood Insurance Rate Map (FIRM) that can be created online by selecting the desired area from an image of a Flood Insurance Rate Map.   There is no charge for making a FIRMette.   Because a FIRMette is a full-scale section of an official FEMA Flood Insurance Rate Map, it can be used in all aspects of the NFIP, including floodplain management and flood insurance.  For information on how to create a FIRMette online, visit the FEMA Map Service Center Web site at http://msc.fema.gov.

Further information is contained in the FEMA publication entitled "Mandatory Purchase of Flood Insurance Guidelines."  This publication is available on the Web at http://www.fema.gov/library/viewRecord.do?id=2954.  The "Community Status Book," also published by FEMA, can be used to determine the status of a community's participation in the NFIP. This information is available on the Web at http://www.fema.gov/fema/csb.shtm.

Call the FEMA Flood Insurance Information Hotline at (800) 358-9616 for answers to flood insurance related questions or visit NFIP’s consumer Web site, FloodSmart.gov.

II. Wetlands Protection

Wetlands protection is a national priority. Federal policy strongly discourages the modification or destruction of designated wetlands.

The U.S. Fish and Wildlife Services (FWS), Department of the Interior, publishes the National Inventory of Wetlands. This official listing should be referenced when inquiring whether a project is located within a designated wetland. For map information, call the FWS National Wetlands Inventory Center at (727) 570-5400 or visit FWS on the Web at http://www.nwi.fws.gov.

III. Protection of Endangered Species

Compliance is required with the Endangered Species Act (ESA) of 1973, as amended, whenever federal financial assistance is proposed for a project that has the potential to affect endangered species or critical habitats. The list of endangered species is published by FWS, Department of the Interior, and should be referenced when inquiring whether a proposed project has the potential to affect endangered species or critical habitats. Generally, the list is available by counties. For information, call the nearest FWS office or visit FWS Endangered Species on the Web at http://www.fws.gov/endangered/.

IV. Toxic Chemicals and Radioactive Materials

Particular attention should be given to any site that is located on, or in the general proximity of, such areas as dumps, landfills, industrial sites, or other locations that contain hazardous wastes. Properties considered for child care facilities should be free from hazardous materials, contamination, toxic chemicals and gases, and radioactive substances, where a hazard could affect the health and safety of occupants or conflict with the use of the child care facility.

V. Protection of Farmlands

The Farmland Protection Policy Act requires identification of proposed actions that would affect any lands classified as prime and unique farmlands. The U.S. Natural Resources Conservation Service (http://www.nrcs.usda.gov) administers this act to preserve farmland. Contact the State Office of Agriculture or U.S. Natural Resources Conservation Service office in the project area and ask them to determine if the proposed action will affect any lands classified as prime and unique farmlands.

VI. Historic Preservation

The regulations concerning compliance with Section 106 of the National Historic Preservation Act of 1966 were issued by the Advisory Council on Historic Preservation as 36 CFR Part 800 (available online at http://www.access.gpo.gov/nara/cfr/waisidx_04/36cfr800_04.html).

The person preparing the assessment should check the National Register of Historic Places to determine if the project is among or near any listed properties on the National Register.  A current listing of properties on the National Register may be accessed on the Web at http://www.nps.gov/history/nr/.  The current listing also includes all properties that have been nominated to the National Register.

In addition, it is necessary to consult the Tribal or State Historic Preservation Officer to find out whether the proposed child care facility is on or near a property that might be eligible for listing on the National Register.  The list of Tribal Historic Preservation Officers (THPOs) is available online at http://grants.cr.nps.gov/thpo/tribaloffices.cfm; the list of State Historic Preservation Officers (SHPOs) is available online at http://www.ncshpo.org/stateinfolist/fulllist.htm.

For additional information about the National Historic Preservation Act of 1966, contact the Advisory Council on Historic Preservation at (202) 606-8503 or on the Web at http://www.achp.gov.

VII. Presence of Natural Hazards

While there may be several types of natural hazards that could pose problems for a given site, some of the more prevalent of these hazards are presented below.

Radon

Radon is an odorless, colorless and tasteless gas that occurs in nature, seeping up from the earth.  Radon is a result of the natural breakdown, or radioactive decay, of uranium and is present in trace amounts in all soils and rocks.  Radon's migration patterns are not yet fully understood but the construction characteristics of a project as well as the soil and the rock beneath it are important factors in the accumulation of indoor radon, which is harmful to humans.  Indoor radon is the second leading cause of lung cancer in the United States and the leading cause among non-smokers.  Smokers are at higher risk of developing radon-induced lung cancer.

The Environmental Protection Agency (EPA) has recommended a guideline of 4 picocuries per liter of air for indoor radon (picocurie = one-trillionth of a curie or the equivalent of the decay of two radon atoms per minute in a liter of air). Additional information regarding the danger of radon may be obtained by contacting local EPA officials, a State Radon Contact (this list can be found online at http://www.epa.gov/iaq/whereyoulive.html), or the National Radon Information Line at (800) SOS-RADON (800-767-7236).

Subsidence

Subsidence causes a sinking or settlement of land areas that may result from various situations such as the pumping of ground water from the earth, "drying out" of boggy or water-ladened soils, or underground mining.  The settlement caused by subsidence is not consistent but is instead shaped like an inverted cone.  The low point of this cone continually shifts over the span of several years. It is important to consider this natural hazard because it has the ability to impact a site by altering drainage patterns or even reversing the direction of the flow of drainage water.

Soil Stability

Different types of soil as well as erosion conditions may require particular foundations or engineered earthworks in order to ensure the stability of the project.  The USDA Natural Resources Conservation Service (http://www.nrcs.usda.gov) publishes soil survey maps for each county.  The maps provide a description and the characteristics of each soil type and series along with a legend giving the maximum slope for each soil name.  If these soil surveys are not available or questionable conditions warrant further analysis, another soil survey may be required.

Where land developments include building foundations over filled ground or in areas where ground is removed and could result in swelling of exposed subsoil, the project should be controlled with an engineered earthwork.

Consideration should be given to the erosion conditions of a particular site.  Erosion may damage soil stability either because of extensive rainfall or wind.  If these conditions apply, it may require further evaluation by a soil engineer or similar expert.

Surface Faults and Seismic Zones

Although surface faults and seismic zones tend to be particular to given areas, areas with this possibility may require a geological study to be performed.  In cases where seismic activity is common, foundations should be engineered to withstand earthquake conditions.

VIII. Presence of Man-Made Hazards and Nuisances

Asbestos is a fibrous fireproof material that in the past was used in numerous building products including insulation, exterior siding, roofing materials, plaster, and many others.  Because of the extreme fineness of asbestos fibers, they can easily become airborne and hazardous to human health.  Long-term or concentrated exposure to asbestos can cause serious diseases that may not show up until many years after exposure began.

Although the use of asbestos in building materials has been banned since 1978, any project involving the rehabilitation or demolition of a structure constructed before this date should consider asbestos as a potential problem.  Intact, undisturbed asbestos-containing materials generally do not pose a health risk; however, they may pose an increased risk when they are damaged, are disturbed in some manner (for example, during a renovation project), or deteriorate over time and thus release asbestos fibers into building air.  If a project is known or likely to have asbestos, it is recommended that the Environmental Protection Agency (http://www.epa.gov/asbestos/) and the Occupational Safety and Health Administration (http://www.osha.gov/SLTC/asbestos/) be contacted for guidance. (EPA published the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for Asbestos at 40 CFR 61.141-158.)

Questions related to EPA's asbestos NESHAP regulations; asbestos-related renovation or demolition in buildings other than elementary or secondary schools; or the transport and disposal of asbestos waste may be directed to the EPA SBA Asbestos Ombudsman at 1-800-368-5888.  Publications about asbestos can be found online at http://www.epa.gov/asbestos/pubs/pubs.html.  Print materials can be ordered from EPA’s Toxic Substance Control Act (TSCA) at (202) 554-1404 or tsca-hotline@epa.gov.

Hazardous Dams

There are a number of resources available to help determine the potential hazards posed by dams located near a building site.  Since 1972, Congress has passed a number of laws authorizing the U.S. Army Corps of Engineers (USACE) to study and inventory dams in the United States.  The USACE’s National Inventory of Dams (NID) is available online at http://crunch.tec.army.mil/nidpublic/webpages/nid.cfm.  The NID is searchable by dam name and location (Congressional district); dams can also be located using an interactive map.  Dams data can also be downloaded by state.

Additional sources of dam and dam safety information include the Federal Emergency Management Agency’s National Dam Safety Program (NDSP) (http://www.fema.gov/plan/prevent/damfailure/ndsp.shtm); the Association of State Dam Safety Officials (ASDSO), which provides links to state agencies responsible for dam safety (http://www.damsafety.org/); and the National Performance of Dams Program at Stanford University (http://npdp.stanford.edu/), which provides online access to a comprehensive dam directory including dam incident reports and dam modifications/repairs.

High Voltage Transmission Electrical Lines

While it is known that transmission lines have electromagnetic fields that are harmful to humans, it is not known at what level of electromagnetic radiation this hazard occurs.  In addition, the towers supporting electrical lines have posed risks when people, especially children, have attempted to climb their steel frames.  For these reasons, child care facilities should be located a safe distance from electrical lines, and nearby towers should be fenced. 

Lead and Lead-Based Paint

Childhood lead poisoning causes reduced intelligence, low attention span, learning disabilities, and many other adverse health effects.  In adults, it can cause nerve damage and decrease reproductive ability.  About 80 percent of all homes built before 1980 have some lead-based paint.  Many of those homes have only small amounts of such paint, but, generally, the older the home, the greater the amount of lead-based paint.  Lead-containing paint was completely banned from residential use in 1978.

The Residential Lead-Based Paint Hazard Reduction Act of 1992, known as "Title 10," set the current federal focus for lead paint poisoning on "lead-based paint hazards," which are conditions that cause health effects from exposure to lead-contaminated dust or soil, or lead-based paint that has or can become deteriorated.  Most intact lead-based paint is not a "hazard," although the paint's condition should be monitored and maintained to ensure that it does not become deteriorated.  Approaches for testing paint for lead and evaluating lead-based paint hazards are available.  

In addition to the hazards associated with lead-based paint, soil may be contaminated by lead from nearby industries or waste disposal sites, paint removal from bridges or other steel structures, and from old fallout of leaded gasoline emissions.  Additional lead health risks can come from lead in drinking water.

For more information, visit the EPA’s lead awareness Web site at http://www.epa.gov/lead or contact EPA’s National Lead Information Center (NLIC) at (800) 424-LEAD (800-424-5323).  Lead poisoning prevention materials for children, parents, and early childhood staff have been developed by the EPA and the National Head Start Association (NHSA).  These and other outreach materials can be download (in PDF format) from http://www.epa.gov/lead/pubs/leadpbed.htm.

¹Note: Major portions of this chapter are excerpted from the Manual for HUD Staff to Conduct an Environmental Review, U.S. Department of Housing and Urban Development, available online at http://www.hud.gov/offices/cpd/energyenviron/environment/compliance/forms/trngmanual/index.cfm. Back
²Source: National Inventory of Dams, U.S. Army Corps of Engineers, January 2001, as quoted on the Web site of the National Dam Safety Program (NDSP), Federal Emergency Management Agency (FEMA). Back

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