Transcript Document
Environmental Considerations
by
Aimee L. Kratovil, Esq.
Environmental Protection Specialist
San Francisco Airports District Office
Western Pacific Region
Federal Aviation Administration
1
Environmental
Considerations
Pre-NEPA
Master Plan
Airport Layout Plan
Introduction to NEPA
What is it?
What triggers it?
Where is the guidance?
What level of NEPA Document?
NEPA versus CEQA
Difference in legal thresholds
Satisfying NEPA and CEQA
Segmentation Considerations
NEPA Considerations for Land Transactions
Categorical Exclusion Form Update
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Pre-NEPA
Planning Document Status
Master Plan
Project definition
Purpose and need
Alternatives
Forecasts
FAA Approved
Airport Layout Plan
Conditional approval
Proposed projects included
FAA will not program environmental grants or full design grants until the planning process is
complete
Issuance of a full design grant prior to a NEPA determination is considered a
predetermination of the NEPA process and is contrary to law
FAA may only issue grants for preliminary design as part of the planning grant prior to a
NEPA determination
Preliminary design may not exceed 20% of the total planning grant
Language to this effect will be found in FAA Order 5050.4B when it is enacted
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Introduction to NEPA
What is it?
National Environmental Policy Act of 1969
Basic national charter for protection of the environment
Directs federal agencies to act according to the letter and spirit of the Act
What triggers it?
The NEPA process addresses impacts of “federal actions” on the human
environment
What are “federal actions?”
All airport improvement program grants
All plans submitted to FAA that require FAA approval
Where is the guidance?
FAA Order 1050.1E, Environmental Impacts: Policies & Procedures
Effective June 2004
FAA Order 5050.4A, Airports Environmental Handbook
Being updated
Draft 5050.4B was released December 2004 for comments
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Introduction to NEPA
What level of NEPA Document is required?
Categorical Exclusion (CatEx)
FAA Order 1050.1E, chapter 3
Extraordinary circumstances also found in chapter 3
Environmental Assessment (EA)
FAA Order 1050.1E, chapter 4
Coordinate with FAA EPS early
Scope of work complete
Preliminary document sections
» Purpose and Need
» Alternatives
Regulatory Agency Coordination
Environmental Impact Statement (EIS)
FAA Order 1050.1E, chapter 5
Consult with FAA EPS prior to proceeding
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NEPA versus CEQA
NEPA legal thresholds
NEPA = National Environmental Policy Act
Requires a statement of purpose and need
Requires the determination of impact significance to be based upon a
comparison of the No Action Alternative with the proposed development
alternatives in the same future year
CEQA legal thresholds
CEQA = California Environmental Quality Act
Requires a statement of project objectives to define the boundaries of
the project and the types of alternatives to be considered
Requires the determination of impact significance to be made against
the environmental setting at the time the Notice of Preparation is
published
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Satisfying NEPA and CEQA
Write clear and separate definitions of
The project objectives for the airport sponsor
The purpose and need for the FAA
Identify and evaluate alternatives against both the project objectives and purpose
and need
For each environmental category addressed in the EA/EIR or EIS/EIR
Clearly separate and delineate the applicable federal and state criteria
Separately present the federal and state evaluation of the potential impacts of the project
alternatives in light of those criteria
The Master Plan Example – Timing is Everything
A Master Plan is a “project” that triggers CEQA
A Master Plan does not require a “federal action” that triggers NEPA
“Federal action” would be triggered by approval of the ALP that depicts Master Plan projects
and/or federal funding for proposed projects
NEPA is concerned only with projects proposed to go forward in the near term (i.e. 5 year window)
The purpose and need must be adequately defined and justified
Therefore, there is a distinct difference in the proposed action under NEPA and CEQA
from the start
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Segmentation Considerations
Segmentation Considerations
Requirements of NEPA may not be avoided by segmentation of
projects
The United States Supreme Court has established three
criteria to “prove” segmentation
The project was originally perceived as unified and
interdependent
The segments do not have independent utility
The segments are not reasonable when considered alone
Any one of these criteria may be sufficient to prove
segmentation
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NEPA Requirements for Sale
or Disposal of Airport Land
A NEPA determination must be made by FAA prior to
any FAA release of grant obligations for sale or disposal
of dedicated airport property
A release of grant obligations is a “federal action” that
triggers NEPA
FAA Order 5190.6A, Airport Compliance Requirements,
chapter 7
FAA Order 1050.1E, Environmental Impacts: Policies and
Procedures
Typically a land release is categorically excluded under FAA
Order 1050.1E, paragraph 307b unless an extraordinary
circumstance as described in paragraph 304 is triggered
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NEPA Requirements for Land
Acquisitions
A NEPA determination must be made by FAA prior to
any airport land acquisition
The airport sponsor must update the ALP and Exhibit A
property map per 49 USC 47107 (a)(16) and the grant contract
when land is acquired for the airport even if federal funds are
not used
FAA approval of the ALP or federal funding are
“federal actions” that trigger NEPA
FAA Order 1050.1E, Environmental Impacts: Policies and
Procedures, paragraphs 310b and 310r
Land acquisition over 3 acres requires an Environmental
Assessment unless it is clearly associated with a categorically
excluded action
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NEPA Requirements for Land
Acquisitions
If the airport sponsor acquires land for the airport
without prior FAA approval, the action could prejudice
or preclude favorable decision by the FAA on proposed
changes in the ALP or development which would use
the land acquired or on requests for reimbursement for
the property
Prior to approval of future FAA action involving the property,
the FAA will carefully consider the manner in which the
particular property was acquired and whether it was acquired
consistent with pertinent environmental policy
FAA Order 5050..4A, Airport Environmental Handbook,
paragraph 33
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Categorical Exclusion Form
Update
FAA Western Pacific Region has decided to adopt and utilize an Environmental
Evaluation Form for Categorical Exclusions by March 1, 2006
The new CatEx Form will focus on analyzing extraordinary
circumstances as defined in FAA Orders 1050.1E and 5050.4A.
Impact categories to be analyzed include:
Air Quality
Coastal Resources
Department of Transportation Section 303 Lands
Fish, Wildlife, and Plants
Hazardous Materials, Pollution Prevention, and Solid Waste
Historic, Architectural, Archeological, and Cultural Resources
Noise
Secondary (Induced) Impacts
Socioeconomic Impacts, Environmental Justice, and Children’s Environmental
Health and Safety Risks
Water Quality
Wetlands
Other Considerations
Cumulative Impacts
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Contact List
If and when in doubt call an EPS:
The San Francisco Airports District Office
Camille Garibaldi (650) 876-2778, extension 613
Barry Franklin (650) 876-2778, extension 614
Aimee Kratovil (650) 876-2778, extension 612
The Western Pacific Region
Michelle Simmons (310) 725-3614
Pete Ciesla (310) 725-3633
Dave Kessler (310) 725-3615
Jennifer Mendelsohn (310) 725-3637
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The End
Questions?