A Quick Guide for CDBG-DR and CDBG-MIT Stakeholders
Earlier this year, the U.S. Department of Housing and Urban Development (HUD) released Notice CPD-23-103, mandating that radon gas be considered part of the contamination analysis required under HUD’s environmental review regulations. Radon, an invisible and odorless radioactive gas, is a leading cause of lung cancer in non-smokers. Effective April 2024, for most recipients, this policy aims to mitigate the risk of residential radon exposure, aligning with HUD’s broader commitment to health and safety in federally supported housing.
This policy update marks a significant step in ensuring that HUD-supported housing complies with environmental safety standards. For grantees of Community Development Block Grant Disaster Recovery (CDBG-DR) and Mitigation (CDBG-MIT) programs, understanding and implementing these requirements will be vital for compliance and project success.
At HORNE, we specialize in navigating complex federal requirements, providing expert guidance to ensure compliance while optimizing project outcomes. This article breaks down the key aspects of Notice CPD-23-103 and its implications for CDBG-DR and CDBG-MIT projects.
Purpose and Scope
HUD’s Notice CPD-23-103 clarifies that radon must now be evaluated in contamination analyses for projects subject to 24 CFR Parts 50 and 58. This applies to multifamily housing, rehabilitation, and new construction projects, among others. The policy provides best practices and alternate strategies for evaluating radon risks but stops short of mandating radon testing, leaving flexibility for project implementers.
Implementation Timeline
For non-Tribal recipients, HUD’s radon policy became effective on April 11, 2024, while Tribal recipients, including Tribally Designated Housing Entities and Department of Hawaiian Homeland recipients, have a compliance deadline of January 2026. The staggered timeline ensures additional support for Tribal programs.
Key Applicability Notes
For non-tiered environmental reviews, the policy applies to any review not certified before the effective date. Even if a review is nearly complete, it must incorporate radon considerations if certification is pending on the effective date.
For tiered reviews:
-
- If the Tier I review was completed and certified before the effective date, a subsequent Tier II site-specific review is not required to comply with the policy, though HUD strongly encourages it.
- If the Tier I review remains uncertified on the effective date, both Tier I and all subsequent Tier II reviews must comply with the radon policy.
Projects with completed Authority to Use Grant Funds (AUGF) or approved Tier I reviews before the effective date are not retroactively subject to the new requirements. However, HUD recommends compliance where possible, to align with best practices.
Requirements for Environmenal Reviews
For non-Tribal recipients, HUD’s radon policy became effective on April 11, 2024, while Tribal recipients, including Tribally Designated Housing Entities and Department of Hawaiian Homeland recipients, have a compliance deadline of January 2026. The staggered timeline ensures additional support for Tribal programs.
Implications for CDBG-DR and CDBG-MIT Programs
Applicability to CDBG-DR and CDBG-MIT Programs
The policy explicitly applies to projects funded under the CDBG-DR and CDBG-MIT programs, as these projects are subject to HUD’s contamination regulations at 24 CFR 50.3(i) and 58.5(i). This includes projects involving rehabilitation, new construction, and any activities requiring environmental assessments or impact statements.
Projects exempt from radon consideration include those classified as Categorically Excluded Not Subject to environmental review, as specified in Notice CPD-23-103. As of April 2024, the vast majority of CDBG-DR and CDBG-MIT projects will need to address radon risks.
Eligible Expenses for Radon Mitigation
HUD recognizes radon testing and mitigation as eligible expenses under the CDBG-DR and CDBG-MIT programs. Grantees can include costs for testing and initial mitigation in project budgets, allowing for proactive radon risk management. However, ongoing operation and maintenance of mitigation systems are typically not eligible expenses under these programs. Careful planning will be required to balance immediate compliance needs with long-term sustainability.
Challenges and Opportunities for Grantees
Grantees may face challenges such as a lack of radon testing professionals in certain areas, the need for training in HUD’s recommended best practices, and the additional time and resources required to integrate radon evaluation into existing environmental review processes. However, this policy also presents an opportunity to enhance the safety and health of HUD-supported housing while demonstrating a commitment to comprehensive environmental compliance.
By addressing radon risks early and leveraging available funding, grantees can avoid project delays and ensure compliance with federal regulations.
How HORNE
Can Help
Navigating HUD’s complex environmental rules can be challenging, particularly with new requirements like those outlined in Notice CPD-23-103. At HORNE, we bring deep expertise in federal grant compliance, environmental review processes, and radon risk management. Our team is well-versed in the unique challenges CDBG-DR and CDBG-MIT recipients face and can offer tailored solutions to meet your needs.
Our Services Include:
- Environmental Review Compliance: Comprehensive reviews to ensure all applicable HUD requirements, including radon contamination analysis, are met.
- Radon Testing and Mitigation Planning: Expertise implementing HUD’s recommended testing standards and developing actionable mitigation strategies.
- Grant Budgeting Support: Assistance in identifying and integrating eligible radon-related expenses into project budgets.
- Training and Capacity Building: Customized training sessions to equip your team with the knowledge and tools needed to effectively address radon risks.
- Technical Expertise and Coordination: Supporting complex projects, coordinating with regulatory agencies, and promoting resiliency through HUD’s Green and Resilient Building Standard.
By partnering with us, you gain a trusted advisor committed to helping your projects succeed while safeguarding the health and safety of occupants in HUD-supported housing.
HUD’s Notice CPD-23-103 represents a critical step forward in addressing radon risks in federally supported housing. For recipients of CDBG-DR and CDBG-MIT funding, integrating radon considerations into environmental reviews is not only a compliance requirement, but also an opportunity to enhance public health outcomes.
At HORNE, we stand ready to guide you through these changes, ensuring your projects meet HUD’s standards while achieving your broader goals. To explore the full range of ways HORNE can assist your organization, visit our Environmental landing page to read about the services we offer. For specific requests or questions related to your environmental needs, please contact us directly. We are here to guide you every step of the way, ensuring compliance, promoting resiliency, and driving project success.
