NEPA Update

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NEPA Update
Environmental Regulations for Airports
Hans Anker, FAA
October 15, 2008
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NEPA Update

• NEPA 101 and Background
• Applicability
• Environmental Actions
• Categorical Exclusion (CATEX)
• Environmental Assessment (EA)
• Environmental Impact Statement (EIS)
• Issues/Hot Topics

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National Environmental Policy Act (NEPA)

• US Environmental Law
• Signed January 1, 1970 by President Richard Nixon
• Preamble
• To declare a national policy which will
  encourage productive and enjoyable harmony
  between man and his environment to promote
  efforts which will prevent or eliminate damage to
  the environment and biosphere and stimulate the
  health and welfare of man to enrich the
  understanding of the ecological systems and
  natural resources important to the Nation

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NEPA

• Applies to all Federal Agencies
• Must be completed prior to any Federal Action
• Provides the public with description of
  environmental impacts

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NEPA Guidance

• Federal Aviation Administration
• FAA Order 1050.1E, Environmental Impacts
  Policies and Procedures, 2006
• Order 5050.4B, National Environmental Policy Act
  (NEPA) Implementing Instructions for Airport
  Actions, 2006

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NEPA

• What Constitutes a Federal Action on Airports
• Federal funding for airport planning and
  development projects
• Airport Layout Plan (ALP) approval (first time or
  changed)
• Approval for a new, public use airport
• Authorizing Passenger Facility Charges (PFC)
• Federally-owned land transfers and releases
• Approval of noise compatibility programs
• Issuing a Part 139 certification
• Funding an FAA-approved Wildlife Hazard
  Management Plan

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NEPA

• Categorical Exclusions
• Environmental Assessments (EA)
• Environmental Impact Statements (EIS)

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EIS
EA
Categorical Exclusion
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Categorical Exclusions (CATEX)

• Definition from 40 CFR 1508.4 categories of
  actions that normally do not individually or
  cumulatively have significant adverse effects on
  the human environment and which have been found
  by the federal agency to have no such effect
• By Categorical Excluding an action, ARP meets
  NEPA responsibility

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Categorical Exclusions (CATEX)

• Order 5050.4B Tables 6-1 6-2
• Identify Actions that could normally be
  categorically excluded
• Table 6-1 Unlikely to Involve Extraordinary
  Circumstances
• Table 6-2 May involve Extraordinary
  Circumstances

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Categorical Exclusions (CATEX)

• Table 6.1
• Grants to prepare environmental documents
• Conditional ALP approval
• PFC approval
• Safety and Security Equipment

• Table 6.2
• Airfield Improvements
• Runways
• Aprons
• Roads
• Repair and Maintenance
• Buildings

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Categorical Exclusions (CATEX)

• Extraordinary Circumstances
• Are those situations where an action that is
  normally categorically excluded may cause
  significant adverse environmental impacts.
• Listed in Table 6-3 of Order 5050.4B.

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Categorical Exclusions (CATEX)

• Categorical Exclusion Form
• Updated 2007 previously known as Environmental
  Checklist
• Purpose
• Clearly define project scope and need
• Conduct a review of Extraordinary Circumstances
  of proposed action
• FAA makes determination

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Categorical Exclusion Form

• Controversy
• Highly controversial on environmental grounds?
• Air Quality
• Capacity Increase?
• Coastal Resources
• Compatible Land Uses
• Consistent with local planning/zoning?
• Construction Impacts
• Noise, air quality, erosion, etc.

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Categorical Exclusion Form

• Section 4 (f) Impacts
• Publicly owned land form a public park,
  recreation area, or wildlife or waterfowl refuge
  of national, state or local significance, or land
  of an historic site of national, state or local
  significance.
• Prime or Unique Farmlands
• Endangered and Threatened Species
• Essential Fish Habitat (ID, OR, WA)
• Migratory Bird Treaty Act

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Categorical Exclusion Form

• Floodplains
• Solid Waste Impact
• Hazardous Materials
• Historical, Architectural, Archaeological, and
  Cultural Resources
• Previously disturbed land
• Can require coordination with Native American
  tribes and SHPO
• Light Emissions and Visual Effects

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Categorical Exclusion Form

• Natural Resources, Energy Supply and Sustainable
  Design
• Noise
• Capacity
• Secondary (Induced) Impacts
• Disruption of community?
• Shifts of population movement and growth public
  service demand or changes in business and
  economic activity?

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Categorical Exclusion Form

• Socio-economic Impacts, Environmental Justice,
  and Childrens Environmental, Health and Safety
  Risks
• Relocation of residents or businesses?
• Impacts on minority or low income populations?
• Water Quality
• Wetlands
• Coordination with the U.S. Army Corps of Engineers

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Categorical Exclusion Form

• Wild and Scenic Rivers Inventory
• Cumulative Impacts
• Considered together with other past, present and
  reasonably foreseeable future development
  projects on or off the airport, Federal or
  non-Federal

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Categorical Exclusions (CATEX)

• CATEX form
• Clearly defines project scope and need
• Addresses possible extraordinary circumstances
• FAA signed and approved form completes NEPA
  obligations

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Environmental Assessment (EA)

• A concise document that takes a hard look at
  expected environmental effects of a proposed
  action.
• Basis for the issuance of a Finding of No
  Significant Impact (FONSI) or the preparation of
  an EIS.

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Environmental Assessment (EA)

• Actions Normally Requiring an EA
• A normally categorically excluded action
  involving extraordinary circumstances
• Helicopter facilities or operations in noise
  sensitive areas
• Highly controversial land acquisition
• New airport
• New runway
• Major runway strengthening or extension
• Prime and unique farmland
• Waters or wetland
• Other circumstances
• Large fills

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Environmental Assessment (EA)

• Contents
• Purpose Need
• Proposed Action
• Alternatives
• Affected Environment
• Environmental Consequences
• Mitigation

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Environmental Assessment (EA)

• Contents
• Cumulative Impacts
• Agency and Public Involvement

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Environmental Assessment (EA)

• FONSI Finding of No Significant Impact
• Indicates that the selected alternative would not
  cause any significant environmental consequences
• Issued after Final Environmental Assessment
• Final EA valid for 3 years

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Environmental Impact Statement (EIS)

• Purpose to be an action-forcing tool to ensure
  Federal government programs and actions meet
  NEPAs goals and policies
• FAA acts as lead
• Selects consultants
• Scope

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Environmental Impact Statement (EIS)

• Actions Requiring an EIS
• Environmental Assessment signals a significant
  impact
• Preliminary review shows action is likely to
  cause significant impacts
• A new commercial service airport in a
  Metropolitan Statistical Area (MSA)
• A new runway in an MSA

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Environmental Impact Statement (EIS)

• Outline
• Notice of Intent
• Scoping
• Draft EIS
• Distribution and public hearings
• Final EIS
• Publish
• 30 day comment period

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Environmental Impact Statement (EIS)

• Record of Decision (ROD)
• Provides the public with the approving FAA
  officials rationale
• Final EIS valid for 3 years

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Issues/Hot Topics

• Planning and Timelines
• Purpose and Need
• Thoroughness of NEPA documents
• Explanations
• Supporting Documentation
• Project Area Maps

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Hans AnkerCivil Engineer/Environmental
SpecialistFAA Denver Airports District
Officehans.anker_at_faa.gov(303) 342-1265