Transcript Document

LONG BEACH, CA
LONG BEACH, CA
NEPA Essentials
— Tools: 1050.1E, 5050.4B, Desk Reference,
and Seleceted ACRP reports
Rob Adams
Vice President, Landrum & Brown
[email protected]
Agenda
•
FAA Order 1050.1E
–
–
–
–
•
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
Background
Purpose
Key Elements
How to Apply as a NEPA Practitioner
Airport Cooperative Research Program (ACRP)
FAA Order 1050.1E
Background
• 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
Purpose
•
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
completed
• 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
Background
• 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
date
FAA Order 5050.4B
Purpose
• FAA Order 5050.4B provides information to Airports Division
personnel and others interested in fulfilling NEPA
requirements specifically for airport actions under FAA’s
authority
• 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
actions.
– 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
EIS
• 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
impacts
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
Background
• 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
defined.
Desk Reference
Purpose
• 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
information!
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
actions.
ACRP
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.
ACRP
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
Expectations
– The Report is a guidebook intended to assist airport managers to
incorporate a public involvement program into the planning process.
ACRP
Synthesis of Practices
•
ACRP Synthesis 9, Effects of Aircraft Noise: Research on Selected
Topics
– 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
issues.
•
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
major changes to the Proposed Project
Early Coordination and Consultation
Unexpected delays occur due to lack of information
regarding the historical relevance of a building with the
project site
Knowing Your Airport
Master plan did not examine alternatives designed to
avoid impacts to Section 4(f) resources leading to
additional analysis and coordination
Appropriate Range of Alternatives
Public opposition required additional noise-related
studies resulting in some delay to the environmental
review process
Good Lines of Communication
Opposition from the public about the Proposed Project
Public Involvement Strategy
State requirements require analysis in additional to what
is required for NEPA resulting in some duplication
Coordinating State and Federal Environmental Review
Processes
Inconsistencies between the planning and environmental
review process
Funding an FAA Position