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

Presented to: Hershey Aviation Conference

By: Ed Gabsewics, Charlie Campbell & Suki Gill

Date: March 3, 2010

Federal AviationAdministration

Environmental Review Requirements

Understanding the Process

2Federal AviationAdministration


March 3, 2010

Environmental Review Requirements Overview

• Compliance with Federal Laws• FAA Responsibilities• Sponsor Responsibilities• Levels of Environmental Review• Conditions of Approval• Tips to Assure Approval• Timelines



March 3, 2010

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



March 3, 2010

What triggers a Federal Action?(Refer to 5050.4B 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



March 3, 2010

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



March 3, 2010

FAA Environmental References(http://www.faa.gov/airports/eastern/environmental/)

Order 1050.1E

Environmental Impacts: Policies and Procedures (March 20, 2006)

Order 5050.4B

NEPA Implementing Instructions for Airport Actions (April 28, 2006)

FAA Airports Desk Reference for Airport Actions (October 2007)



March 3, 2010

Other Laws Triggered by Federal Action

Endangered Species Act National Historic Preservation Act Clean Air Act & Clean Water Act EO 11988 Floodplain Management

EO 11990 Protection of Wetlands Farmland Protection Policy Act

Section 4(f) – Parks, Historic Sites Others (20+)



March 3, 2010

Levels of Environmental Review

• Categorical Exclusion (CATEX) - Actions must be listed in 1050.1E, paragraphs 307-312

• Environmental Assessment (EA)- Finding of No Significant Impact

(FONSI)

• Environmental Impact Statement (EIS) - Record of Decision (ROD)



March 3, 2010

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 1508.4



March 3, 2010

When can you typically use a Categorical Exclusion?

• If Proposed Action …

Is Listed on CATEX list in 1050.1E, paragraphs 307-312

Does not involve any Extraordinary Circumstances

Has No Significant Effects Identified by Resource Agencies



March 3, 2010

CATEX List(See 1050.1E, paragraphs 307-312)

1) Administrative/General

2) Certification

3) Equipment and Instrumentation

4) Facility Siting, Construction, & Maintenance

5) Procedural

6) Regulatory



March 3, 2010

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



March 3, 2010

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



March 3, 2010

Planning for Success

Early Coordination with FAA!!

Get familiar with Orders 5050.4B & 1050.1E + 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!



March 3, 2010

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.



March 3, 2010

Extraordinary Circumstance(s)? (See 1050.1E, 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



March 3, 2010

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 1050.1E, Para. 307 – 312)



March 3, 2010

Actions Normally Requiring an EA(See 1050.1E – 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



March 3, 2010

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)



March 3, 2010

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



March 3, 2010

Got Significant Impacts?

• Stop EA process and start EIS process

• Lost time and resources

• FAA may require new consultant selection process



March 3, 2010

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



March 3, 2010

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.



March 3, 2010

Environmental Forms On-Line

• Environmental Evaluation Forms and References are available at:

http://www.faa.gov/airports/eastern/environmental/



March 3, 2010

• Why do we need an update?

• When is a Short Form EA appropriate?

• New Categorical Exclusion Form

Revised Short Form EA Overview



March 3, 2010

Revised Short Form EA

• Where can the new document be found?

http://www.faa.gov/airports/eastern/environmental/media/C10.DOC



March 3, 2010

Why do we need an update?

• The Form C has been in use since 1999 and has not been updated since.

• FAA Orders 5050.4B and 1050.1E

became effective in 2006.

• The Airports Desk Reference became effective in 2007.

• Form’s A and B were combined and became the Categorical Exclusion Form in 2007.



March 3, 2010

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?



March 3, 2010


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



March 3, 2010


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.



March 3, 2010

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



March 3, 2010

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:

307h Approval of an airport’s sponsor request to impose Passenger facility Charges or approval to impose and use Passenger Facility Charges for planning studies.

307m FAA 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.

307n Issuance of grants to prepare noise exposure maps and noise compatibility programs.

307o Issuance 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

309h Acquisition of security equipment required by rule or regulation for the safety or security of personnel and property on the airport or snow removal equipment.