Presented to: Hershey Aviation Conference By: Ed Gabsewics, Charlie Campbell & Suki Gill Date: March 3, 2010 Federal Aviation Administration Environmental Review Requirements Understanding the Process

Federal Aviation Administration Environmental Review Requirements March 3, Environmental Review Requirements Overview Compliance with Federal Laws FAA Responsibilities Sponsor Responsibilities Levels of Environmental Review Conditions of Approval Tips to Assure Approval Timelines

Federal Aviation Administration Environmental Review Requirements March 3, National Environmental Policy Act (NEPA) of 1969 Requires ALL Federal Agencies to:  Consider Impacts of Their Federal Actions  Involve the Public  Demonstrate Compliance with Laws  Completion of Process/Finding  Document Such Consideration

Federal Aviation Administration Environmental Review Requirements March 3, What triggers a Federal Action? (Refer to B Chapter 1, Section 9.g.) 1)Receive Federal grant (AIP) 2)Use of PFC funding 3)Airport Development Requiring ALP Change 4) Acquire Land or Land Release (ALP Change) 5)New Airport Development Project (Regardless of Funding Source) 6)Approving NCPs under 14 CFR, Part 150

Federal Aviation Administration Environmental Review Requirements March 3, FAA’s Role Responsible for Assessing Significance of Environmental Impacts Assures that Documentation is a Full, Accurate& Fair Assessment of the Potential Environmental Impacts Initiates Consultation with SHPO, Tribal Governments

Federal Aviation Administration Environmental Review Requirements March 3, FAA Environmental References ( Order E Environmental Impacts: Policies and Procedures (March 20, 2006) Order B NEPA Implementing Instructions for Airport Actions (April 28, 2006) FAA Airports Desk Reference for Airport Actions (October 2007)

Federal Aviation Administration Environmental Review Requirements March 3, Other Laws Triggered by Federal Action  Endangered Species Act  National Historic Preservation Act  Clean Air Act & Clean Water Act  EO Floodplain Management  EO Protection of Wetlands  Farmland Protection Policy Act  Section 4(f) – Parks, Historic Sites  Others (20+)

Federal Aviation Administration Environmental Review Requirements March 3, Levels of Environmental Review Categorical Exclusion (CATEX) - Actions must be listed in E, paragraphs Environmental Assessment (EA) - Finding of No Significant Impact (FONSI) Environmental Impact Statement (EIS) - Record of Decision (ROD)

Federal Aviation Administration Environmental Review Requirements March 3, Definition of a Categorical Exclusion “…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.” --40 CFR

Federal Aviation Administration Environmental Review Requirements March 3, When can you typically use a Categorical Exclusion? If Proposed Action … Is Listed on CATEX list in E, paragraphs Does not involve any Extraordinary Circumstances Has No Significant Effects Identified by Resource Agencies

Federal Aviation Administration Environmental Review Requirements March 3, CATEX List (See E, paragraphs ) 1)Administrative/General 2)Certification 3)Equipment and Instrumentation 4)Facility Siting, Construction, & Maintenance 5)Procedural 6)Regulatory

Federal Aviation Administration Environmental Review Requirements March 3, Who Prepares Documentation? Sponsors/Consultants are Responsible for: –Identifying the Need for Action –Developing Conceptual Alternatives –Preparing Required Environmental Documentation –Providing Additional Data & Information to the FAA

Federal Aviation Administration Environmental Review Requirements March 3, How to prepare a Categorical Exclusion? Do your homework… Need enough project-specific information for the FAA to make an independent decision Sponsor/Consultant must provide information as to how they made the decision of no impact

Federal Aviation Administration Environmental Review Requirements March 3, Planning for Success  Early Coordination with FAA!!  Get familiar with Orders B & E + Desk Reference  Plan ahead for agency coordination  Don’t overlook requirements of Special Purpose Laws  Allow adequate time for agencies to conduct needed studies  If questions, call ADO Environmental Specialists or your Project Manager Avoid potential headaches in the future by completing a thorough review now !

Federal Aviation Administration Environmental Review Requirements March 3, CATEX Tips  Project Title = Grant Title  Cite appropriate Category (1050.1E, Para. 307– 312)  Clearly describe the proposed action.  Read and follow the form!  Include thorough documentation  Attach additional/supporting details  Check that coordination is still current  Always attach a project map.

Federal Aviation Administration Environmental Review Requirements March 3, Extraordinary Circumstance(s)? (See E, Para 304a – k) When normally CATEXable action possibly involves an extraordinary circumstance, FAA must comply with any special purpose laws and determine if impacts warrant a CATEX or… Decide if an EA or EIS needed

Federal Aviation Administration Environmental Review Requirements March 3, When is an Environmental Assessment Appropriate? -Actions normally CATEX’d, but which have extraordinary circumstances -Uncertain environmental impact potential -Significance criteria not well defined (Most Actions NOT listed in E, Para. 307 – 312)

Federal Aviation Administration Environmental Review Requirements March 3, Actions Normally Requiring an EA (See E – Chapter 4) New Airport Location New Runway or Major Runway Extension Runway Strengthening –Potential Noise Increase of 1.5 dB or more Road Construction or Relocation –Change in Level of Service Land Acquisition with Major Runway Projects New Instrument Approach Procedures –Less than 3000 feet above ground level Issuance of Air Type & Carrier Certificates Well Drilling on Airport Property

Federal Aviation Administration Environmental Review Requirements March 3, Purpose of EA Focus is presumed lack of significant impact or ability to mitigate Documents lack of significant impacts Provides adequate environmental analysis to support an FAA finding (FONSI) and in some cases a decision (ROD)

Federal Aviation Administration Environmental Review Requirements March 3, Short EA Form? Consider all aspects of the project and potential for extraordinary circumstances Talk with FAA early to discuss potential for Short Environmental Assessment Form use Newly Revised Short EA Form available on-line

Federal Aviation Administration Environmental Review Requirements March 3, Got Significant Impacts? Stop EA process and start EIS process Lost time and resources FAA may require new consultant selection process

Federal Aviation Administration Environmental Review Requirements March 3, Conditions of Approval (AIP or Non-AIP Funding)  Environmental Approval Must be Issued Before a Grant is Issued &/or Any Construction can Begin (Regardless of Funding Source)  Environmental Approval DOES NOT = Final Project Approval or Funding Availability  Environmental Finding Valid for 3 YEARS, then Further Validation Required

Federal Aviation Administration Environmental Review Requirements March 3, Plan Ahead! If you need to do projects, FAA needs environmental documents by April 30 of the year preceding the year funding is requested Note: Environmental documents for FY11 Projects are due to FAA by April 30, 2010.

Federal Aviation Administration Environmental Review Requirements March 3, Environmental Forms On-Line Environmental Evaluation Forms and References are available at:

Federal Aviation Administration Environmental Review Requirements March 3, Why do we need an update? When is a Short Form EA appropriate? New Categorical Exclusion Form Revised Short Form EA Overview

Federal Aviation Administration Environmental Review Requirements March 3, Revised Short Form EA Where can the new document be found?

Federal Aviation Administration Environmental Review Requirements March 3, Why do we need an update? The Form C has been in use since 1999 and has not been updated since. FAA Orders B and E became effective in The Airports Desk Reference became effective in Form’s A and B were combined and became the Categorical Exclusion Form in 2007.

Federal Aviation Administration Environmental Review Requirements March 3, When Should a Short Form EA Be Used? First and foremost, speak to your local EPS to assess the potential impacts and see if the Short EA is appropriate. Follow the instructions on the last page Does the project meet applicable criteria?

Federal Aviation Administration Environmental Review Requirements March 3, When Should a Short Form EA Be Used? Example #1: -Off-Airport Obstruction Removal -Project includes tree topping, cutting & clearing -Environmental Impacts – Air Quality and minor wetland impacts -No other extraordinary circumstances apply

Federal Aviation Administration Environmental Review Requirements March 3, When Should a Short Form EA Be Used? Example #2: -Land Release -Project includes releasing 20 acres of land for non-aviation purposes. A two-story, 30,000 square foot, commercial building will be constructed. A parking lot will also be constructed for approximately 130 parking spaces. -Environmental impacts – Air quality, noise (traffic) and minor wetland impacts. Example #3: -Land Release -Project is same as Example #2 -Environmental impacts – Air quality, noise (traffic), Federal wetland impacts, historic resources, floodplain.

Federal Aviation Administration Environmental Review Requirements March 3, Some Points to Remember….. Contact your local EPS Make use of the space within the Short Form Strong Purpose & Need and Project Description Attach necessary consultation & mapping Don’t overlook requirements of special purpose laws

Federal Aviation Administration Environmental Review Requirements March 3, NEW Categorical Exclusion Form for Administrative/General Actions & Equipment This Form will be completed by the local ADO for those projects that fall under the following categories ONLY: 307hApproval of an airport’s sponsor request to impose Passenger facility Charges or approval to impose and use Passenger Facility Charges for planning studies. 307mFAA administrative actions associated with transfer of ownership or operation of an existing airport, for acquisition or long-term lease as long as the transfer is limited to ownership, right of possession, and/or operating responsibility. 307nIssuance of grants to prepare noise exposure maps and noise compatibility programs. 307oIssuance of planning grants which do not imply a project commitment, such as airport planning grants and grants to states participating in the state block grant program 309hAcquisition of security equipment required by rule or regulation for the safety or security of personnel and property on the airport or snow removal equipment.