Title: NEPA Update
1NEPA Update
Environmental Regulations for Airports
Hans Anker, FAA
October 15, 2008
2NEPA Update
- NEPA 101 and Background
- Applicability
- Environmental Actions
- Categorical Exclusion (CATEX)
- Environmental Assessment (EA)
- Environmental Impact Statement (EIS)
- Issues/Hot Topics
3National 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
4NEPA
- Applies to all Federal Agencies
- Must be completed prior to any Federal Action
- Provides the public with description of
environmental impacts
5NEPA 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
6NEPA
- 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
7NEPA
- Categorical Exclusions
- Environmental Assessments (EA)
- Environmental Impact Statements (EIS)
8EIS
EA
Categorical Exclusion
9Categorical 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
10Categorical 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
11Categorical 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
12Categorical 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.
13Categorical 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
14Categorical 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.
15Categorical 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
16Categorical 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
17Categorical 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?
18Categorical 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
19Categorical 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
20Categorical Exclusions (CATEX)
- CATEX form
- Clearly defines project scope and need
- Addresses possible extraordinary circumstances
- FAA signed and approved form completes NEPA
obligations
21Environmental 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.
22Environmental 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
23Environmental Assessment (EA)
- Contents
- Purpose Need
- Proposed Action
- Alternatives
- Affected Environment
- Environmental Consequences
- Mitigation
24Environmental Assessment (EA)
- Contents
- Cumulative Impacts
- Agency and Public Involvement
25Environmental 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
26Environmental 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
27Environmental 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
28Environmental Impact Statement (EIS)
- Outline
- Notice of Intent
- Scoping
- Draft EIS
- Distribution and public hearings
- Final EIS
- Publish
- 30 day comment period
29Environmental Impact Statement (EIS)
- Record of Decision (ROD)
- Provides the public with the approving FAA
officials rationale - Final EIS valid for 3 years
30Issues/Hot Topics
- Planning and Timelines
- Purpose and Need
- Thoroughness of NEPA documents
- Explanations
- Supporting Documentation
- Project Area Maps
31Hans AnkerCivil Engineer/Environmental
SpecialistFAA Denver Airports District
Officehans.anker_at_faa.gov(303) 342-1265