NEPA Essentials _ ACRP - Airport Consultants Council

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                                   LONG BEACH, CA

NEPA Essentials
 — Tools: 1050.1E, 5050.4B, Desk Reference,
and Seleceted ACRP reports

                       Rob Adams
                       Vice President, Landrum & Brown

•   FAA Order 1050.1E
     –   Background
     –   Purpose
     –   Key Elements
     –   How to Apply as a NEPA Practitioner
•   FAA Order 5050.4B
     –   Background
     –   Purpose
     –   Key Elements
     –   How to Apply as a NEPA Practitioner
•   Environmental Desk Reference for Airport Actions
     –   Background
     –   Purpose
     –   Key Elements
     –   How to Apply as a NEPA Practitioner
•   Airport Cooperative Research Program (ACRP)
FAA Order 1050.1E

• Effective Date: June 8, 2004

• Name: Policies and Procedures for Considering
        Environmental Impacts

• 1050.1E Change 1 Effective Date: March 20, 2006
   – Revised 1050.1E includes changes for clarification, changes for
     consistency, a change for addition of information, corrections,
     and editorial changes

• 1050.1E will be updated: estimated Summer 2011
FAA Order 1050.1E

•   This order provides Federal Aviation Administration (FAA) policy and
    procedures to ensure agency compliance with the requirements set
    forth in the Council on Environmental Quality (CEQ) regulations for
    implementing the provisions of the National Environmental Policy
    Act of 1969 (NEPA), 40 Code of Federal Regulations (CFR) parts
    1500-1508; Department of Transportation Order DOT 5610.1C,
    Procedures for Considering Environmental Impacts; and other
    related statutes and directives.

•   1050.1E is applicable to all major operating divisions of the FAA:
     –   Airports
     –   Air Traffic
     –   Aviation Standards
     –   Airway Facilities
     –   Logistics
FAA Order 1050.1E
Key Elements

•   FAA responsibilities to implement NEPA

•   Roles and Responsibilities
     –   Lead Agency
     –   Sponsor
     –   Cooperating Agencies

•   Three levels of NEPA Review (CATEX, EA, EIS)
     –   Identifies actions that normally require each level of review
     –   Sets forth the processing requirements for each

•   Basic procedures for agency consultation and public involvement

•   Appendix A presents a summary of impact analysis requirements by
    environmental category
FAA Order 1050.1E
How To Apply As A NEPA Practitioner

• The Planning Phase
   – 1050.1E can be used to help determine what level of NEPA
     review is required
       • Categorical Exclusions (CATEX) – Actions must be listed in
         paragraphs 307-312
       • Environmental Assessment (EA) – Actions normally requiring an EA
         are listed in paragraph 401
       • Environmental Impact Statement (EIS) – Action requiring an EIS are
         described in paragraph 501
   – Consultation with responsible FAA official should be undertaken
     to determine if they concur with NEPA approach
   – Figure 4-1 provides the process for a typical EA
   – Figure 5-1 provides the process for an EIS
FAA Order 1050.1E
How To Apply As A NEPA Practitioner

• Preparing a NEPA Review Document
   – Paragraph 405 lists and describes a sample format for an EA
   – Paragraph 506 provides the FAA’s Standard EIS Format
   – Appendix A contains all of the necessary information on each
     environmental impact category including:
       •   All requirements
       •   FAA Responsibilities
       •   Defines Significant Impact Thresholds
       •   Procedures for Analysis of Significant Impacts
FAA Order 1050.1E
How To Apply As A NEPA Practitioner

• Review and Approval
   – EA
      • Paragraph 406 describes the necessary steps after the EA is
      • If no significant impact is present, the responsible FAA official shall
        prepare a FONSI
   – EIS
      • Paragraphs 509 through 512 describe the necessary steps after the
        EIS is completed; including review and distribution of the Final EIS
        and issuance of Record of Decision (ROD)
FAA Order 5050.4B

• Effective Date: April 28, 2006

• Name: National Environmental Policy Act (NEPA)
        Implementing Instructions for Airport Projects

• 5050.4A was issued in October 1985

• 5050.4 will be updated: After 1050.1F is published – no firm
FAA Order 5050.4B

• FAA Order 5050.4B provides information to Airports Division
  personnel and others interested in fulfilling NEPA
  requirements specifically for airport actions under FAA’s

• Designed to be consistent with 1050.1E, Change 1

• Focuses on NEPA process
   – 5050.4B refers to other Federal environmental laws; however,
     details are included in the Environmental Desk Reference for
     Airport Actions
FAA Order 5050.4B
How To Apply As A NEPA Practitioner

• Planning Phase
   – Is your project a Federal action?
       • Paragraph 9g(1) - (11) lists those airport activities that are Federal
   – What is the required level of NEPA review?
       • CATEX – Proposed Action is listed in Table 6-1 or 6-2 and
         extraordinary circumstances in Table 6-3 do not require an EA or
       • EA – The responsible FAA official determines if an action listed in
         Table 6-1 or 6-2 and circumstance in Table requires an EA
       • EIS – 3 main triggers for an EIS include: if action normally requires
         an EIS; if an FAA official cannot issue a FONSI based on an EA; or
         an action addressed in EA would cause significant environmental
FAA Order 5050.4B
How To Apply As A NEPA Practitioner

• Preparing a NEPA Review Document
   – How you should organize the document
       • Paragraphs 706 and 1007 describe the formats to be used in
         preparation of an EA or EIS, respectively
            – There is specific language and information which must be included in
              particular sections of either an EA or an EIS
   – Is there a significant impact?
       • Table 7-1 lists the thresholds for each resource category as
         identified in 1050.1E
       • Table 7-1 also includes all of the other factors to consider for airport
         actions, since 1050.1E does not define thresholds for every
         category (Note: Table 7-1 does not establish thresholds)
FAA Order 5050.4B
How To Apply As A NEPA Practitioner

• Review and Approval
   – EA
      • Paragraph 708 and paragraphs 804 through 807 identify the
        necessary review process for an EA including:
           –   What is the required Federal agency review?
           –   When is public review required?
           –   When is public review is optional?
           –   How to notify the public about the availability?
   – EIS
      • Paragraph 1101(b) identifies where to coordinate and deliver copies
        of the Draft EIS and Paragraph 1211 identifies where to deliver
        copies of the Final EIS.
Desk Reference

• Release Date: October 1985 (was part of Order 5050.4A
  issued at that time)

• Name: The Environmental Desk Reference for Airport
        Actions (Desk Reference)

• The Desk Reference will be updated in: Timetable not yet
Desk Reference

• The Desk Reference summarizes applicable special purpose
  laws in one location for convenient and quick reference. It
  does so with a focus on airport-specific actions. Its function is
  to help FAA integrate the compliance of NEPA and applicable
  special purpose laws to the fullest extent possible specifically
  for airport actions.

• Includes information addressing ways to evaluate potential
  environmental impacts due to a proposed airport action, and
  when appropriate, its reasonable alternatives.
Desk Reference
How To Apply As A NEPA Practitioner

• Planning Phase
   – For each environmental category, the Desk Reference provides
     the oversight agencies for the applicable special purpose law
       • Some Federal, state, and local agencies require analysis not
         covered by NEPA
            – e.g. Greenhouse Gas Inventory, Different Noise Level Metrics
       • These agencies should be consulted during the early stages of the
         NEPA process to ensure that their regulations are being followed
Desk Reference
How To Apply As A NEPA Practitioner
•   Preparing a NEPA Review Document
    – The Desk Reference is organized alphabetically as a reference book to
      provide the reader with a process to follow for each environmental
      category when developing a NEPA review document
        • Permits, Certifications, and Approvals
        • Environmental Compliance Procedures
        • Determining Impacts
        • Determining Significance of Impacts
        The Desk Reference does not provide the reader a step-by-step process to
          follow to complete the analyses, but it does provide overall summaries of the
          analyses and references for more in-depth analytical steps
        The Desk Reference’s alphabetical arrangement does NOT mean the
          environmental document must provide analyses in alphabetical order!
          Present analyses in an order that most accurately and efficiently conveys the
Desk Reference
How To Apply As A NEPA Practitioner

• Review and Approval
   – The Desk Reference does not provide any steps to follow during
     the Review and Approval process of a NEPA review.
   – It focuses on special purpose laws most applicable to airport
Airport Cooperative Research Program

•   The ACRP was authorized in December of 2003 as part of the
    Vision 100-Century of Aviation Reauthorization Act

•   The ACRP carries out applied research on problems that are shared
    by airport operating agencies and are not being adequately
    addressed by existing Federal research programs

•   Project Reports are the main products of the research projects and
    are often written as guidebooks or manuals.

•   Syntheses of Practices report on the state of the practice based on
    literature reviews and surveys of recent activities in critical areas.
Project Reports

•   ACRP Report 7, Aircraft and Airport-Related Hazardous Air
    Pollutants (HAPs): Research Needs and Analysis
     – The report provides a prioritized agenda for future research that will
       address critical information gaps associated with HAPs
•   ACRP Report 11, Guidebook on Preparing Airport Greenhouse Gas
    Emissions Inventories
     – The guidebook is intended to provide concise instructions primarily to
       airport operators on how to develop an airport-specific greenhouse gas
       (GHG) emissions inventory
•   ACRP Report 15, Aircraft Noise: A Toolkit for Managing Community
     – The Report is a guidebook intended to assist airport managers to
       incorporate a public involvement program into the planning process.
Synthesis of Practices

•   ACRP Synthesis 9, Effects of Aircraft Noise: Research on Selected
     – Intended to update and complement the FAA Report, Aviation Noise
       Effect, by primarily focusing on the latest research efforts and
       conclusions in the area.
•   ACRP Synthesis 10, Airport Sustainability Practices
     – Documents a range of airport sustainability practices gathered from
       literature review and web-based survey. It specifically targets airport
       operators and provides a snapshot of airport sustainability practices
       across the triple bottom line of environmental, economic, and social
•   ACRP Synthesis 17, Approaches to Integrating Airport Development
    and Federal Environment Review Processes
     – Examines why disconnects between the Airport sponsor and the FAA
       occur during the planning phase. The project also identifies practices
       that airport sponsors and FAA planners have used to integrate the
       sponsor’s planning efforts and the FAA’s environmental review process.
          ACRP Synthesis 17
          Approaches to Integrating Airport Development and
          Federal Environment Review Processes

The Problems                                                The Solutions
Lack of information about an endangered plant initiated     Early Coordination and Consultation
major changes to the Proposed Project
Unexpected delays occur due to lack of information          Knowing Your Airport
regarding the historical relevance of a building with the
project site
Master plan did not examine alternatives designed to        Appropriate Range of Alternatives
avoid impacts to Section 4(f) resources leading to
additional analysis and coordination
Public opposition required additional noise-related         Good Lines of Communication
studies resulting in some delay to the environmental
review process
Opposition from the public about the Proposed Project       Public Involvement Strategy

State requirements require analysis in additional to what   Coordinating State and Federal Environmental Review
is required for NEPA resulting in some duplication          Processes
Inconsistencies between the planning and environmental      Funding an FAA Position
review process