Federal Aviation Administration Environmental Prescreening Training Introduction to Workshop
Jan 11, 2016
Federal AviationAdministrationEnvironmental
Prescreening TrainingIntroduction to Workshop
2Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
NavLean & Process Re-engineering
Purpose• Began in 2009 to standardize the process for
approving IFPs• Re-engineer the process to eliminate
duplication and inefficiencies in the approval process
• Resulted in a separate group to develop a revised IFP approval process to meet the recommendations in the NavLean Report
3Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
NavLean & Process Re-engineering (Cont.)
Process re-engineering group tasked to:
• To clearly define responsible federal official authorized to sign applicable environmental documents for approval of IFPs
• Develop a consistent process for IFP review and approval
• Develop the pre-screening filter
Federal AviationAdministrationEnvironmental
Prescreening TrainingModule 1
NEPA and CEQ
5Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Training Modules1. NEPA and CEQ
2. FAA Order 1050
3. Air Traffic Environmental - Noise Review
4. Environmental Screening Process Overview
6Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
MODULE 1
NEPA and CEQ
7Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Introduction
• National Environmental Policy Act (NEPA)– What is NEPA?– What NEPA resources are available?– What agency decisions does NEPA apply to?– Who is involved in the NEPA Process?
• The Council on Environmental Quality (CEQ)• CEQ Regulations• NEPA Process
– High level examination of the NEPA process
8Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
What is NEPA?
• National Environmental Policy Act (NEPA)• First major US environmental law, which was
signed into law on January 1, 1970 by President Nixon
• National policy to protect the environment• Forces federal agencies to process and to
follow NEPA policies– Does not apply to the President, Congress or to
federal Courts
9Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
What is NEPA? (Cont.)
• Establishes the President’s Council on Environmental Quality (CEQ)
• Requires an Environmental Impact Statement (EIS) and potentially an Environmental Assessment (EA) for actions that result in significant environmental impacts
• NEPA 40 Questions
10Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Purpose of NEPA
“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; and to establish a Council on Environmental Quality.”
Source: Preamble of NEPA. 1970. http://ceq.hss.doe.gov/nepa/regs/nepa/
nepaeqia.htm
11Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
What Kinds of Agency Decisions Does NEPA Apply to?• Decisions for actions, including financing,
assisting, conducting, or approving projects or programs; agency rules, regulations, plans, policies, or procedures; and legislative proposals
Source: CEQ. A Citizen’s Guide to the NEPA. 2007. http://ceq.hss.doe.gov/nepa/
Citizens_Guide_Dec07.pdf
12Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
What Kinds of FAA Decisions Does NEPA Apply to?• In the 1050.1E Document (to be discussed in
the next training module):All grants, loans, contracts, leases, construction, research activities, rulemaking and regulatory actions,
certifications, licensing, permits, plans submitted to the FAA by state and local agencies which require FAA approval, and legislation proposed by the FAA.
13Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
What is CEQ?
• The Council on Environmental Quality (CEQ)• Environmental policy advisor to the President• Assists agencies in following NEPA processes• Directs agencies to implement agency-specific
procedures in order to meet NEPA requirements
14Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
What is CEQ? (Cont.)
• CEQ Website• CEQ assists in interpreting the NEPA
implementing regulations when there are disagreements between parties affected by the proposed action
• 40 CFR parts 1500-1508– FAA’s NEPA regulatory compliance requirements are
specified in Order 1050.1E
15Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
CEQ - Regulations for Implementing NEPACEQ Regulation Regulation Title
Part 1500 Purpose, Policy and Mandate
Part 1501 NEPA and Agency Planning
Part 1502 Environmental Impact Statement
Part 1503 Commenting
Part 1504 Predecision Referrals to the Council of Proposed Federal Actions Determined to be Environmentally Unsatisfactory
Part 1505 NEPA and Agency Decisionmaking
Part 1506 Other Requirements of NEPA
Part 1507 Agency Compliance
Part 1508 Terminology and Index
16Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Types of Impact
• There are three types of impacts that are measured in a NEPA review:
• .
Type of Impact Example
Direct Noise impact to an area
Indirect Noise impact to a threatened endangered species
Cumulative Numerous PBN procedures at a specific airport over time.
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NEPA, CEQ, and the NEPA ProcessJune 25, 2013
NEPA Process
17
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NEPA, CEQ, and the NEPA ProcessJune 25, 2013
When Proposing an Agency Action
• Identify and consider environmental issues early in the process
• Interdisciplinary Approach – Identify the stakeholders– Involve Local Communities– Involve other agencies/government organizations– Identify issues and concerns from local communities
and other agencies/governmental organizations
19Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Categorical Exclusion (CATEX)
• A category of actions that the agency has determined does not individually or cumulatively have a significant effect on the quality of the human environment
• Types of Federal actions that meet the criteria contained in 40 CFR 1508.4 (CEQ Regulation)
• Examples:– Issuing administrative personnel procedures– Making minor facility renovations (such as installing
energy efficient lighting)Source: CEQ. A Citizen’s Guide to the NEPA. 2007. http://ceq.hss.doe.gov/nepa/
Citizens_Guide_Dec07.pdf
20Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Extraordinary Circumstances
• Circumstances that exist which may cause the proposed action to have a significant effect– Effects to endangered species, protected cultural
sites, wetlands, etc.• If there are no extraordinary circumstances
resulting in significant impacts, then the agency can proceed with the action.
Source: CEQ. A Citizen’s Guide to the NEPA. 2007. http://ceq.hss.doe.gov/nepa/
Citizens_Guide_Dec07.pdf
21Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Environmental Assessment (EA)
• Prepared when the review of the action shows that it is not:– Categorically excluded– Involves at least one extraordinary circumstance
with the potential to significantly impact the human environment
– Does not normally require an EIS
• Purpose – To determine the significance of the environmental
impacts, identify and consider alternative means to achieve the agency’s objectives.
22Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Environmental Assessment (EA) (Cont.)• Should Include:
– The purpose and need for the proposal– Alternative courses of action (when necessary)– The effected environment– The environmental impacts of the proposed action
and alternatives– A list of agencies and people consulted
Source: CEQ. A Citizen’s Guide to the NEPA. 2007. http://ceq.hss.doe.gov/nepa/
Citizens_Guide_Dec07.pdf
23Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Examples of actions that require an EA• Special Use Airspace (SUA) (designation,
establishment or modification)• New or revised air traffic control procedures which
routinely route air traffic over noise sensitive areas at less than 3,000 feet AGL
• New instrument approach procedures, departure procedures, en route procedures, and modifications to currently approved instrument procedures which routinely route aircraft over noise sensitive areas at less than 3,000 feet above ground level (AGL)
Source: Air Traffic Organization's Mission Support Services. Federal Aviation Administration's National Environmental Policy Act and Air Traffic Applications course.
24Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Finding of No Significant Impact (FONSI)
• FAA's determination that the action does not significantly affect the environmental – Is a finding not a decision document – A FONSI may include mitigation measures to avoid,
eliminate, or reduce anticipated impact(s)
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NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Environmental Impact Statement (EIS)• A detailed document that provides a full and fair
discussion of the potential significant environmental effects of an action with reasonable alternatives
• An EIS describes:– The purpose and need of the action– The alternatives to the action – The affected environment – The environmental consequences
Ex: New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign
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NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Draft and Final EIS• Draft EIS
– Submitted for public comment– Purpose and Need and Alternatives are presented
and analyzed– Agencies must always describe and analyze a “no
action alternative”• Final EIS
– The agency analyzes comments, conducts further analysis as necessary, and prepares the final EIS (which is published in the Federal Register)
Source: CEQ. A Citizen’s Guide to the NEPA. 2007. http://ceq.hss.doe.gov/nepa/
Citizens_Guide_Dec07.pdf
27Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Record of Decision (ROD)
• Concise public record of decision, which may be integrated into any other record prepared by the agency
• States what the decision is, identifies all alternatives considered in reaching the agency’s decision, and specifies which were environmentally preferable
• Discusses all other relevant factors considered
28Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Record of Decision (ROD) (Cont.)
• States whether all practicable means to avoid or minimize environmental harm from the selected alternative have been adopted, and if not, why not
• May include a monitoring and enforcement program for mitigation
29Federal AviationAdministration
NEPA, CEQ, and the NEPA ProcessJune 25, 2013
Questions?