Environmental Prescreening Training Module 2

1. Environmental Prescreening Training Module 2 FAA Order 1050

2. Training Modules • NEPA and CEQ • FAA Order 1050 • Air Traffic Environmental - Noise Review • Environmental Screening Process Overview

3. Module 2 FAA Order 1050

4. Purpose Intent Applicability Overview of 1050

5. Purpose of 1050 • Provides policy and procedures to ensure FAA compliance with • CEQ regulations for implementing NEPA, 40 CFR parts 1500-1508 • DOT Order 5610.1C, Procedures for Considering Environmental Impacts • Other related statutes and directives Why is 1050 here?

6. Intent of 1050 • Identify FAA actions that require NEPA review • Compliance with NEPA • Provide guidance for compliance with other environmental laws, statutes and regulations

7. Actions Requiring Review • All major federal actions • Contracts • Leases • Construction, research • Certifications and Licensing • Permits • Plans requiring FAA approval • Legislation proposed by the FAA • Other… Pretty much anything included here

8. Environmental Impact Categories • Impacts on human environment • Noise • Land • Air • Water • Energy Supply • Cultural, historic, archaeological resources • Environmental justice Los Angeles, 1970s

9. Environmental Impacts Categories • Impacts on natural environment • Wetlands • Floodplains • Coastal zones • Farmlands • Endangered, threatened, protected species • Wild, scenic river areas • Wildlife Ashley River, SC

10. “Significant” Impacts Significance determined by a combination of Context and Intensity Intensity Severe Minor National Context Local

11. “Significant” Impacts • Context • Society as a whole (human, national) • Affected region • Affected interests • Locality • Short-term and long-term • Examples • Single procedure approval vs. airspace redesign to include multiple procedures and multiple airports

12. “Significant” Impacts • Intensity • Can be positive or negative • Degree of impact • Proximity to impacted area • Degree of controversy Low intensity

13. “Significant” Impacts - Definition • Intensity (cont’d) • Degree of precedent setting • Cumulative impact among many insignificant actions • Impact on infrastructure or cultural resources • Impact on endangered species • Threaten Violation of environmental laws per section 5-1b(10) of 1050.1E High intensity

14. Actions Requiring Review Actions Exempt from Review Applicability of Order 1050

15. Actions Exempt from Review • Actions that are not considered major federal actions under NEPA are exempt from review • Advisory Actions • Determinations under Objects Affecting Navigable Airspace • Designation of alert and warning areas under Procedures for Handling Airspace Matters

16. Atypical Review Actions 1050.1E Section 200e(2) • Emergency Actions • National emergency • Disaster • Similar events of great urgency • Requires alternate arrangements with CEQ • Modified NEPA Reviews • Reduced processing times • Abbreviated EIS

17. Categorical Exclusions (CATEX) Environmental Assessments (EA) Environmental Impact Statements (EIS) Levels of NEPA Review

18. Levels of Reviews • CATEX • Level of effort: warm tea • EA • Level of effort: Acetaminophen • EIS • Level of effort: Beta blockers

19. Definition Process Extraordinary Circumstances Categories Examples Categorical Exclusions

20. CATEX - Definitions • Federal actions that meet the criteria in 40 CFR 1508.4 • Actions that the agency has found, based on past experience, do not normally require further environmental review because they do not individually or cumulatively have a significant impact

21. CATEX - Process Define proposed action Ensure action on list of CATEXs Ensure no extraordinary circumstances Proceed with action Celebrate

22. CATEX – Extraordinary Circumstances • Exist when the proposed action (1) involves any of the circumstances listed below and (2) may have a significant impact (40 CFR 1508.4).

23. CATEX Extraordinary circumstances • Increase in surface transportation congestion • Division or disruption of an established community or planned development • Impact to 4(f) properties • Impact to cultural resources You want to put a runway where?

24. CATEX Extraordinary Circumstances • Impact to noise levels of noise-sensitive areas • Impact to air quality or violation of local, State, Tribal, or Federal air quality standards • Impact to water quality • Inconsistent with Federal, State, Tribal, local law • Impact to visual resources • Likelihood of contamination by hazardous waste or cause such contamination

25. CATEX Examples • FAA actions falls into one of the 6 categories – automatically excluded from further NEPA review** • Administrative and General • Certification • Equipment and instrumentation • Facility siting, construction, and maintenance • Procedural • Regulatory **if no extraordinary circumstances exist

26. CATEX • Controversial actions • Substantial dispute regarding size, nature, or effect of action • Reasonable disagreement over environmental harm • Opposition on environmental grounds by agency or by substantial number of the persons affected by the action Your increased nighttime departures off Runway 27 interfere with my sleep!

27. CATEX - Categories • Administrative/General Actions (307) • Land use change • Federal funding • NOTAMs • Others

28. CATEX - Categories • Certification Actions (308) • Airworthiness directive • Aircraft • Operating specifications • Others

29. CATEX - Categories • Equipment & Instrumentation (309) • Construction of remote communication facilities • Installing or upgrading lighting systems • Funding for facilities on airports or FAA property • Replacement/upgrade of power and control cables for ALS/ILS/ASR and RVR systems • Others

30. CATEX - Categories • Facilities, Siting and Construction (310) • Access roads construction/relocation • Land acquisition for a categorically excluded action • Installing conforming radars • Demolition • Landscaping • Repairs/replacement of existing roads, UST/AST, etc. • Others

31. CATEX - Categories • Procedural Actions (311) • Designate or modify airspace classes • Authorizing balloons, kites, unmanned rockets • Establishing airways & release of SUAs • New/modified procedures that do not cause impacts • Above 3,000 ft. AGL • Short-term changes below 3,000 ft. AGL • Increases in minimum altitudes • Increases in landing minima

32. CATEX - Categories • Regulatory Actions (312) • Authorizations and waivers for infrequent or one-time actions such as air shows and contests • Denials of petitions • Various regulations, standards, exemptions with no environmental effect • Others

33. CATEX RNAV/RNP (recent legislative mandate) • RNAV & RNP at 30 Core airports and medium/ small hub in same metroplex area • RNP at all other airports • RNAV/RNP that replace procedures that would have required EA because they operate over noise sensitive areas less than 3,000 feet AGL • Extraordinary circumstances apply to this CATEX

34. Applicability Process Content FONSI Environmental Assessments

35. EA – Applicability • Actions for which there is no CATEX • Actions normally CATEXed but involves at least one extraordinary circumstance that may significantly impact the environment • Actions that normally require EA • Actions that do not require an EIS

36. EA – Applicability • Land acquisitions • Aircraft certification • Construction • Towers • ARTCCs • Beacons • Airports • Runways • Others Don’t forget this!

37. EA - Process Define proposed action and alternatives Prepare EA Circulate EA for review and revision (as appropriate) Significant impacts? Yes No Prepare EIS Prepare FONSI and Celebrate

38. EA - Process • Time Limits • Draft Version • Valid for three years • If no final or FONSI within that time, must reevaluate • Final version • Valid for three years after approval • Have three years to implement "major steps" • If major steps not implemented, must reevaluate EA

39. EA - Process • Time Limits (cont’d) • If implementation takes more than three years, must reevaluate EA • When reevaluating an EA, check for changes in the action or in the baseline environment • Reassess cumulative impacts

40. EA - Process • Reviews • When adopting other agency’s EA, it must comply with 1050 • FAA issues its own FONSI • Review by internal FAA regional counsels • Coordinate review with external agencies as appropriate

41. EA – Content • Purpose • Scope - Interagency Coordination - Public participation (optional) • Content • Purpose and need for the proposed action • Proposed action • Reasonable alternatives considered (including no action) • Affected environment (existing conditions)

42. EA – Content • Content (cont’d) • Environmental consequences of the proposed action and alternatives • Cumulative Effects • Mitigation • Agencies, organizations, and persons consulted • Public participation

43. EA - FONSI • Presents reasons why action has no significant impact on the human environment • Signifies that FAA will not prepare an EIS • Signifies FAA has completed the NEPA process for proposed action We can proceed!

44. EA - FONSI • Content • Purpose • Scope • Content • Proposed action • Mitigation necessary to ensure that preferred alternative will not significantly affect the environment • Statement of consistency or inconsistency with community planning from State and local governments, and Tribes • Public participation/review (as applicable)

45. EA – FONSI/ROD • Unique to FAA • Record of Agency decision to proceed

46. Purpose Applicability Content Environmental Impact Statements

47. EIS - Purpose • Provides full and fair discussion of— • Significant environmental impacts of proposed action • Reasonable alternatives • Describes • Purpose and need of the proposed action • Affected environment • Environmental effects of alternatives • Other reasonable alternatives

48. EIS – Purpose (cont’d) • Discusses means to mitigate adverse environmental impacts • Details alternatives eliminated from study • Identifies agency-preferred alternative

49. EIS – Applicability • For major Federal actions significantly affecting the quality of the human environment • EA indicates impacts are significant • Cumulative effects of insignificant individual actions are significant • Mitigations do not alleviate significance

50. EIS - Content • Executive summary • Purpose and need • Alternatives, including the proposed action • Affected environment • Environmental consequences • Cumulative Affects • Mitigation