C.F.R. » Title 24 » PART 51—ENVIRONMENTAL CRITERIA AND STANDARDS › Subpart C—Siting of HUD-Assisted Projects Near Hazardous Operations Handling Conventional Fuels or Chemicals of an Explosive or Flammable Nature

24 C.F.R. § 51.202

Approval of HUD-assisted projects

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(a) The Department will not approve an application for assistance for a proposed project located at less than the acceptable separation distance from a hazard, as defined in § 51.201, unless appropriate mitigating measures, as defined in § 51.205, are implemented, or unless mitigating measures are already in place.

(b) In the case of all applications for proposed HUD-assisted projects, the Department shall evaluate projected development plans in the vicinity of these projects to determine whether there are plans to install a hazardous operation in close proximity to the proposed project. If the evaluation shows that such a plan exists, the Department shall not approve assistance for the project unless the Department obtains satisfactory assurances that adequate mitigating measures will be taken when the hazardous operation is installed.

[49 FR 5103, Feb. 10, 1984, as amended at 61 FR 13334, Mar. 26, 1996]
Notes of Decisions
Cited in 2 cases, 2006–2020 · leading case: Coliseum Square Ass'n v. Jackson, 465 F.3d 215 (5th Cir. 2006).
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Coliseum Square Ass'n v. Jackson, 465 F.3d 215 (5th Cir. 2006). “24 C.F.R § 51.202(a). “Hazards” are defined to include any “any stationary container which stores, handles or processes hazardous substances of an explosive or fire prone nature.”
Enter. Crude GP LLC & Enter. Crude Pipeline, LLC v. Sealy Partners, LLC & Sealy Partners No. 3, LP (Tex. App. 2020). “” 24 C.F.R. § 51.202 (a). “Acceptable separation distance” means the distance beyond which the explosion or combustion of a hazard is not likely to cause structures or individuals to be subjected to blast overpressure or thermal radiation flux levels in excess of promulgated…”
— 24 C.F.R. § 51.202(a) — 1 case
Coliseum Square Ass'n v. Jackson, 465 F.3d 215 (5th Cir. 2006). “24 C.F.R § 51.202(a). “Hazards” are defined to include any “any stationary container which stores, handles or processes hazardous substances of an explosive or fire prone nature.”
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