SBA SOP 50 10 8, A.Ch5.E.3 — Submission of Environmental Investigation Reports

SOP 50 10 8 A.Ch5.E.3

Effective 2025-06-01 · publisher's stamp for this provision

3. Submission of Environmental Investigation Reports SBA Lenders processing delegated, 7(a) Small Loans, SBA Express and Export Express loans do not have to submit Environmental Investigation Reports via E-Tran, but they must keep a copy of any Environmental Investigation Report in the loan file. All SBA Lenders must comply with and meet the requirements of the Environmental Policies and Procedures as set forth in this SOP. For example, all Transaction Screens, Phase I and Phase II ESAs must be performed by an Environmental Professional and be accompanied by the Reliance Letter in Appendix 5. (A Reliance Letter is required even if the Environmental Investigation Report is addressed to the SBA Lender.) Any request for an exception to SBA’s Environmental Policies and Procedures must be directed to the Environmental Committee, regardless of the method of processing used for the loan. For Properties With No Contamination: Using the Environmental Investigation Steps set forth below, if an Environmental Investigation Report concludes that a Property has No Contamination, it is the SBA Lender’s responsibility to certify in E-Tran that the Property complies with all SBA environmental requirements in this SOP, and the SBA Lender must maintain the Environmental Investigation Reports(s) in the SBA Lender’s loan file. For Properties With Contamination: SBA Lenders must use the Environmental Investigation Steps set forth below. If an Environmental Investigation Report reveals Contamination and the SBA Lender still wishes to make the loan, then the SBA Lender must comply with this SOP and must upload all environmental documentation to the SBA via E-Tran. SBA Lenders must then send an e-mail, without the environmental reports, to EnvironmentalReviews@sba.gov, which must include in the subject line: DISTRICT OFFICE – ETRAN APPLICATION NUMBER - LOAN NUMBER - LOAN NAME (no spaces in the loan number). Example: “SAN FRANCISCO DISTRICT OFFICE – 98765432 - 1234567810 – ABC CLEANERS”. Attorneys in the SBA’s Office of General Counsel will respond to SBA Lenders with approval of the environmental submission, request for additional information, etc. Once the environmental submission is approved, SBA Lenders must keep a copy of the approval e-mail in their loan file. SBA Lenders who believe that an environmental decision rendered by SBA is inconsistent with the SOP may appeal the decision by forwarding a copy of the decision, along with an explanation of how the determination is perceived to be inconsistent with the SOP to EnvironmentalAppeals@sba.gov. Lenders seeking to rely solely on 5.d.ix “Other Factor(s)” (below), regardless of whether processing a loan under delegated or non-delegated procedures, must forward the Environmental Investigation Report(s) with a memorandum setting forth their request to EnvironmentalAppeals@sba.gov.

Source: SBA SOP 50 10 8, A.Ch5.E.3 — Submission of Environmental Investigation Reports · source URL · snapshot 535743ffe062cc34