Transcript Document

How to Prepare Your
Categorical Exclusion
(CATEX) Information and
Prepare a Brief
Environmental Assessment
Presented to: Association of California Airports
By: Peter F. Ciesla,
Environmental Protection Specialist
Date: September 21, 2006
Federal Aviation
Administration
CATEX Presentation Outline
• National Environmental Policy Act
background
• New Western-Pacific Region, Airports
Division CATEX form
• Steps in preparing the CATEX information
Association of California Airports
September 21, 2006
Federal Aviation
Administration
2
2
National Environmental Policy Act
(NEPA)
• NEPA requires each Federal agency to disclose to the
interested public, a clear, accurate description of
potential environmental impacts that proposed Federal
actions and reasonable alternatives to those actions
would cause.
• FAA must comply with NEPA for all proposed airport
development projects that require a federal action.
• Main FAA Federal actions: Airport Layout Plan (ALP)
approval, Federal funding requests, Passenger Facility
Charge approvals, including locally funded items that
require ALP approval.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
3
3
FAA References
• FAA Order 1050.1E – Agency-wide
environmental policy on how FAA will
comply with NEPA
• FAA Order 5050.4B – Supplements 1050.1E
by providing NEPA instructions for
proposed airport development projects
Association of California Airports
September 21, 2006
Federal Aviation
Administration
4
4
Types of NEPA Review
• Categorical Exclusion (CATEX)
• Environmental Assessment (EA)
• Environmental Impact Statement (EIS)
Association of California Airports
September 21, 2006
Federal Aviation
Administration
5
5
Federal Aviation
Administration
Presented to: Association of California Airports
By: Peter F. Ciesla,
Environmental Protection Specialist
Date: September 21, 2006
New CATEX Form
• Previous CATEX form was too long.
• A checklist form does not require sufficient
review of potential impacts.
• After FAA and airport sponsor input, a new
CATEX form was approved by the FAA
Western-Pacific Region, Airports Division,
in May 2006.
• Two-page form describes format for
reviewing and documenting extraordinary
circumstances.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
7
7
New CATEX Form
• Titled: Extraordinary Circumstances
Evaluation Information Submittal for
Categorical Exclusion of Airport Projects.
• Form to be available at FAA website:
http://www.faa.gov/airports_airtraffic/airports/
regional_guidance/western_pacific/
Association of California Airports
September 21, 2006
Federal Aviation
Administration
8
8
Applicability
• Sponsors do not need to submit the
documentation for:
–
–
–
–
–
–
–
Equipment and vehicle purchases
Snow removal equipment
Security equipment, computers
Runway/taxiway edge lighting
Control panels, regulators
Master Plans, Part 150 studies
Feasibility studies
Association of California Airports
September 21, 2006
Federal Aviation
Administration
9
9
Sponsor Information Submittal Timing
• Provide information for proposed projects
12 months prior to funding request or Airport
Layout Plan approval.
• This will allow FAA to determine if additional
information is needed.
• Objective is to complete the NEPA process in
advance of the “funding need date or
proposed project construction schedule.”
Association of California Airports
September 21, 2006
Federal Aviation
Administration
10
10
Steps in the CATEX Process
1. Define the proposed action
2. Review if the action is identified is on the
CATEX list
3. Sponsor conducts extraordinary
circumstances review
4. Provide extraordinary circumstance
information to FAA
5. FAA extraordinary circumstances review
6. Comply with any special purpose laws
7. FAA issues a CATEX determination
Association of California Airports
September 21, 2006
Federal Aviation
Administration
11
11
Step 1: Define the Proposed Action
• Sponsor to clearly identify the project and
why it is needed.
• Describe the details of the proposed project
to allow identification of the extent of
potential impacts.
• Maps/drawings/photos to show the project
footprint and surroundings are important.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
12
12
Step 2: Review if the Action Identified
is on the CATEX List
• Sponsor can review Paragraphs 307 to 312 in
FAA Order 1050.1E, which list the various FAA
actions that are normally categorically
excluded.
• Tables 6-1 and 6-2 of FAA Order 5050.4B
provide listings of CATEX’s pertaining to
airport actions.
• CATEX’s apply to actions that FAA has found,
based on past experience, do not “normally”
require an EA or EIS.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
13
13
Step 2: Review if the Action Identified
is on the CATEX List (cont’d)
• An action on the categorically excluded list
is not automatically a categorical exclusion.
• If no applicable CATEX, then an EA is
required.
• Contact your Airports District Office,
Environmental Protection Specialist (EPS),
to answer any questions.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
14
14
Step 3: Sponsor Conducts
Extraordinary Circumstances Review
• If a CATEX is applicable for the action,
Sponsor conducts preliminary review for
any extraordinary circumstances.
• Sponsor collects necessary resource data
to support extraordinary circumstance
evaluation.
• Sponsor coordination with ADO regarding
proposed project.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
15
15
Extraordinary Circumstances
• Described in Paragraph 304 of FAA Order 1050.1E.
• Exist when the proposed action may have a
significant effect and,
• Involve impacts to any one of the following:
Air quality, coastal resources, 4(f) properties, natural resources
and energy supply, farmlands, fish, wildlife and plants,
floodplains, hazardous materials, historic, architectural,
archeological and cultural resources, noise, secondary
impacts, water quality, wetlands, wild and scenic rivers, and
likely to be highly controversial or not consistent with local,
state or federal plans and policies, or directly, indirectly or
cumulatively create a significant impact on the human
environment.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
16
16
Sources for Information
•
•
•
•
•
•
•
Master Plan studies
Previous environmental studies
Part 150 studies
Feasibility studies
General/Specific Plans
County/City Planning Department
Local, state and federal resource agencies
Association of California Airports
September 21, 2006
Federal Aviation
Administration
17
17
Step 4: Provide Extraordinary
Circumstance Information to FAA
• Sponsor to prepare information per the
Western- Pacific Region, Airports Division
new CATEX form.
• Submit to your Airports District Office
(ADO).
• Can submit advance copy to the ADO EPS.
• Provide point of contact on the form for
further information and questions.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
18
18
Step 5: FAA Extraordinary
Circumstances Review
• FAA must review if any extraordinary
circumstances exist as a result of the
proposed project.
• FAA uses information from the airport
sponsor to document the Agency’s
examination of extraordinary
circumstances.
• FAA will use this information to determine if
it can categorically exclude the action or if
an EA or an EIS is required.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
19
19
Step 6: Comply with any Special
Purpose Laws
• FAA and sponsor prepare any required
documentation to comply with Special Purpose
Laws.
• These are Federal laws, regulations, executive
orders or departmental orders that are required
outside of NEPA.
–
–
–
–
–
–
Endangered Species Act *
Coastal Zone Management Act
National Historic Preservation Act *
Air Quality Act
Floodplains
Clean Water Act
* FAA consultation required if any potential impacts
Association of California Airports
September 21, 2006
Federal Aviation
Administration
20
20
Step 7: FAA Issues a CATEX
Determination
• Western-Pacific Region, Airports Division policy is
to provide a written determination to airport
sponsor.
• The purpose of the documentation is to complete
the administrative file to document compliance with
grant assurances, and compliance with NEPA in
case of legal challenge.
• FAA unconditionally approves the project on the
ALP and the project is eligible for FAA funding
consideration.
• Airport sponsor may now proceed with the action.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
21
21
Questions
Association of California Airports
September 21, 2006
Federal Aviation
Administration
22
22
Presentation Outline
Brief Environmental Assessment (EA)
• Background
• What a Brief EA is and is not
• Preparing a Brief EA
Association of California Airports
September 21, 2006
Federal Aviation
Administration
23
23
EA Required
• For actions not on the CATEX list.
• For actions on the CATEX list, which due to
extraordinary circumstances FAA
determines an EA is required.
• Automatically for:
– New airport
– New runway
– Major runway extension
Association of California Airports
September 21, 2006
Federal Aviation
Administration
24
24
EA Content
• FAA Order 5050.4B, Chapter 7 discusses
content.
• Recommended 15 pages maximum.
• Council on Environmental Quality (CEQ)
“Forty Most Asked Questions Concerning
CEQ’s NEPA Regulations” Question 36a,
advises that EA’s be kept to no more than
10-15 pages.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
25
25
Brief EA
• Recognition that some EA’s do not need the same
level of detail.
• Used for proposed projects which cannot be
categorically excluded from an environmental
assessment, but the environmental impacts are
expected to be insignificant.
• Also referred to as a “short form EA”
• Still requires sufficient documentation to allow the
FAA to make a determination that there are no
significant impacts.
• For actions where less documentation is justified.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
26
26
What a Brief EA is Not
• Not meant to short cut the environmental
regulations and laws.
• Does not revise the standard EA format
Association of California Airports
September 21, 2006
Federal Aviation
Administration
27
27
What a Brief EA is
• Allows for quicker processing and review of
the documentation.
• Intended to meet the regulatory requirements
of an EA, while simplifying the documentation
process
Association of California Airports
September 21, 2006
Federal Aviation
Administration
28
28
Resource Impact Evaluations
• Only enough information is needed to
support that no significant impacts would
result from the project.
• For those resource categories where no
impacts are expected, i.e. coastal zone
impacts to an inland site, information can
be minimized.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
29
29
Brief EA Format
• Similar to EA format, but information within
the document is abbreviated.
• Limit to only essential maps, drawings and
photos.
• FAA Airports Headquarters to come out
with more details in the environmental desktop reference, anticipated by year end.
Association of California Airports
September 21, 2006
Federal Aviation
Administration
30
30
EA Format
•
•
•
•
•
•
•
•
•
Cover sheet
Purpose and Need
Proposed Action
Alternatives
Affected Environment
Environmental Consequences
Mitigation
Cumulative impact analysis
Agencies, organizations and persons
consulted
Association of California Airports
September 21, 2006
Federal Aviation
Administration
31
31
For More Details
• Contact your Airports District Office (ADO)
Environmental Protection Specialist
• San Francisco ADO (650)-876-2778
– Camille Garibaldi, extension 613
– Barry Franklin, extension 614
– Aimee Kratovil, extension 612
• Los Angeles ADO
– Michelle Simmons, (310) 725-3614
– Victor Globa, (310) 725-3637
Association of California Airports
September 21, 2006
Federal Aviation
Administration
32
32
Helpful Websites
• FAA Environmental Program:
– http://www.faa.gov/airports_airtraffic/airports/regional_
guidance/western_pacific/environmental/
• FAA Order 1050.1E
– http://www.faa.gov/regulations_policies/orders_notices
/media/10501ECHG.pdf
• FAA Order 5050.4B:
– http://www.faa.gov/airports_airtraffic/airports/resources
/publications/orders/environmental_5050_4/
Association of California Airports
September 21, 2006
Federal Aviation
Administration
33
33
Questions
Association of California Airports
September 21, 2006
Federal Aviation
Administration
34
34