federal aviation administration environmental prescreening training module 2 faa order 1050

Federal AviationAdministrationEnvironmental

Prescreening Training

Module 2

FAA Order 1050

2Federal AviationAdministration

Environmental Prescreening Training – FAA Order 1050.1EJune 25, 2013

Training Modules1. NEPA and CEQ

2. FAA Order 1050

3. Air Traffic Environmental - Noise Review

4. Environmental Screening Process Overview



Module 2

FAA Order 1050



Overview of 1050

Purpose

Intent

Applicability



• 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

Purpose of 1050

Why is 1050 here?



• Identify FAA actions that require NEPA review

• Compliance with NEPA

• Provide guidance for compliance with other environmental laws, statutes and regulations

Intent of 1050



• All major federal actions• Contracts• Leases• Construction, research• Certifications and Licensing• Permits• Plans requiring FAA approval• Legislation proposed by the FAA• Other…

Actions Requiring Review

Pretty much anything included here



• Impacts on human environment– Noise– Land– Air– Water– Energy Supply– Cultural, historic, archaeological resources– Environmental justice

Environmental Impact Categories

Los Angeles, 1970s



• Impacts on natural environment– Wetlands– Floodplains– Coastal zones– Farmlands– Endangered, threatened, protected species– Wild, scenic river areas– Wildlife

Environmental Impacts Categories

Ashley River, SC



Significance determined by a combination of Context and Intensity

“Significant” Impacts

Context

National

Local

Intensity

Severe Minor



• 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




• Intensity– Can be positive or negative– Degree of impact– Proximity to impacted area– Degree of controversy


Low intensity



• 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

“Significant” Impacts - Definition

High intensity



Applicability of Order 1050

Actions Requiring Review

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

Actions Exempt from Review



• Emergency Actions– National emergency– Disaster– Similar events of great urgency– Requires alternate arrangements with CEQ

• Modified NEPA Reviews– Reduced processing times– Abbreviated EIS

Atypical Review Actions 1050.1E Section 200e(2)



Levels of NEPA Review

Categorical Exclusions (CATEX)

Environmental Assessments (EA)

Environmental Impact Statements (EIS)



• CATEX– Level of effort: warm tea

• EA– Level of effort: Acetaminophen

• EIS– Level of effort: Beta blockers

Levels of Reviews



Categorical Exclusions

Definition

Process

Extraordinary Circumstances

Categories

Examples



• 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

CATEX - Definitions



CATEX - Process

Define proposed action

Ensure action on list of CATEXs

Ensure no extraordinary circumstances

Proceed with action

Celebrate



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

CATEX – Extraordinary Circumstances



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

CATEX

You want to put a runway

where?



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

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

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

CATEX

Your increased nighttime departures off

Runway 27 interfere with my sleep!



CATEX - Categories

• Administrative/General Actions (307)– Land use change – Federal funding – NOTAMs– Others



CATEX - Categories

• Certification Actions (308)– Airworthiness directive– Aircraft– Operating specifications– Others



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



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



• 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

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

CATEX - Categories



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

CATEX



Environmental Assessments

Applicability

Process

Content

FONSI



• 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

EA – Applicability



• Land acquisitions• Aircraft certification• Construction

– Towers– ARTCCs– Beacons– Airports– Runways

• Others

EA – Applicability

Don’t forget this!



EA - ProcessDefine proposed action and alternatives

Prepare EA

Circulate EA for review and revision (as appropriate)

Significant impacts?

Prepare FONSI and Celebrate

Prepare EIS

NoYes



• 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

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

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

EA - Process



• 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)

EA – Content



• Content (cont’d)– Environmental consequences of the proposed action

and alternatives– Cumulative Effects– Mitigation– Agencies, organizations, and persons consulted– Public participation

EA – Content



• 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

EA - FONSI

We can proceed!



• 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)

EA - FONSI



• Unique to FAA• Record of Agency decision to proceed

EA – FONSI/ROD



Environmental Impact Statements

Purpose

Applicability

Content



• 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

EIS - Purpose



• Discusses means to mitigate adverse environmental impacts

• Details alternatives eliminated from study• Identifies agency-preferred alternative

EIS – Purpose (cont’d)



• 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

EIS – Applicability



• Executive summary• Purpose and need• Alternatives, including the proposed action• Affected environment• Environmental consequences• Cumulative Affects• Mitigation

EIS - Content



IMPACT CATEGORIES

APPENDIX A



Impact Categories (Cont.)

Take a few minutes to review the section in 1050.1E on Air Quality



Impact Categories

Air Quality• Two Primary laws apply

– NEPA– Clean Air Act (CAA)

• NEPA requires the agency to analyze actions that potentially affect air quality.

• AEDT is the tool for modeling environmental impacts of air traffic airspace and procedure actions.

• EDMS can be used to model single airport emissions




• The CAA established National Ambient Air Quality Standards for the 6 criteria pollutants: – Carbon Monoxide (CO)– Lead (Pb)– Nitrogen Dioxide(NO2)– Ozone (O3)– Particulate Matter (PM-10 and PM-2.5)– Sulfur Dioxide (SO2)




Take a few minutes to review the section in 1050.1E on Department of Transportation ACT,

Section 4(f)




Department of Transportation Act, Section 4(f)• Law: Department of Transportation Act of 1966, Section 4(f)• A significant impact would occur pursuant to NEPA when a

proposed action either involves more than a minimal physical use of a section 4(f) property or is deemed a "constructive use" substantially impairing the 4(f) property, and mitigation measures do not eliminate or reduce the effects of the use below the threshold of significance (e.g., by replacement in

kind of a neighborhood park). • Any airspace designated for military flight operations is

exempt from section 4F.




Take a few minutes to review the section in 1050.1E on Historical, Architectural,

Archeological and Cultural Resources




Historical, Architectural, Archaeological and Cultural Resources• Primary laws

– National Historic Preservation Act of 1966– Executive Order 11593; Protection and

Enhancement of the Cultural Environment (36 FR 8921, May 13, 1971)




Take a few minutes to review the section in 1050.1E on Noise




Noise• For aviation noise analysis, the FAA has

determined that cumulative noise exposure to individuals resulting from aviation activities must be expressed in terms of annual day/night average sound level (DNL)

• If significant noise impacts are expected, then detailed noise analyses must be performed.




Noise• A significant noise impact would occur if analysis shows

that the proposed action will cause noise sensitive areas to experience an increase in noise of DNL 1.5 dB or more at or above DNL 65 dB noise exposure when compared to the no action alternative for the same timeframe.




• Other categories that are considered:– Coastal Resources

• Federal activities involving or affecting coastal resources are governed by the Coastal Barriers Resources Act (CBRA), the Coastal Zone Management Act (CZMA), and E.O. 13089, Coral Reef Protection among many others as applicable to the action.

– Compatible Land Use• The compatibility of existing and planned land uses in the vicinity

of an airport is usually associated with the extent of the airport’s noise impacts. Airport development actions to accommodate fleet mix changes or the number of aircraft operations, air traffic changes, or new approaches made possible by new navigational aids are examples of activities that can alter aviation-related noise impacts and affect land uses subjected to those impacts.




• Construction Impacts– Local, state, tribal, or federal ordinances and

regulations address the impacts of construction activities, including construction noise, dust and noise from heavy equipment traffic, disposal of construction debris, and air and water pollution.

• Farmlands– The Farmland Protection Policy Act (FPPA)

regulates Federal actions with the potential to convert farmland to non-agricultural uses.




• Fish, Wildlife, and Plants– If an agency determines that an action “may affect” a

threatened or endangered species, then Section 7(a)(2) of the Endangered Species Act requires each agency, generally the lead agency, to consult with the U.S. Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS), as appropriate, to ensure that any action the agency authorizes, funds, or carries out is not likely to jeopardize the continued existence of any Federally listed endangered or threatened species or result in the destruction or adverse modification of

critical habitat.




• Floodplains– Executive Order 11988 directs Federal agencies to reduce the

risk of flood loss, minimize the impact of floods on human safety, health, and welfare, and restore and preserve the

natural and beneficial values served by floodplains. • Hazard Materials, Pollution Prevention and

Solid waste– FAA actions to fund, approve, or conduct an activity may

require consideration of hazardous material, pollution

prevention, and solid waste impacts in NEPA documentation.




• Socioeconomic Impact, Environmental Justice, Children's Environmental Health and Safety Risks– Executive Order 12898, Federal Actions to Address

Environmental Justice in Minority Populations and Low-Income Populations, and the accompanying Presidential Memorandum, and Order DOT 5610.2, Environmental Justice, require FAA to provide for meaningful public involvement by minority and low-income populations and analysis, including demographic analysis, that identifies and addresses potential impacts on these populations that may be disproportionately high and adverse




• Water Quality– The Federal Water Pollution Control Act, as

amended (commonly referred to as the Clean Water Act), provides the authority to establish water quality standards, control discharges, develop waste treatment management plans and practices, prevent or minimize the loss of wetlands, location with regard to an aquifer or sensitive ecological area such as a wetlands area, and regulate other issues concerning water quality.




• Wetlands– Order DOT 5660.1A sets forth DOT policy that

transportation facilities should be planned, constructed, and operated to assure protection and enhancement of wetlands.

• Wild and Scenic Rivers– The Wild and Scenic Rivers Act, as amended,

describes those river segments designated or eligible to be included in the Wild and Scenic Rivers System.



Questions?



• Quantification of noise impacts

Guidance “Significant” Impacts - Noise

DNL Noise Exposure with

Proposed Action

Minimum Increase in DNL with Proposed

ActionChange in Noise Exposure Level Reference

FAA Order 1050.1E, Apdx. A, §14.314 CFR Part 150.21(2)(d)FICON 1992

FAA Order 1050.1E, Apdx A, §14.4c FICON 1992

FAA Order 1050.1E, Apdx A, §14.5e FAA Notice 7210.36045 to 60 dB 5.0 dB

Information Disclosed When Evaluating Air

Traffic Actions

65 dB 1.5 dBExceeds Threshold of

Significance

60 to 65 dB 3.0 dB

Considered When Evaluating Air Traffic

Actions



Module 3: Air Traffic Environmental – Noise Review

Module 4: Environmental Screening Process Overview

Module 4: Environmental Pre-screening Filter Demo

Tomorrow’s Topics

federal aviation administration environmental prescreening training module 2 faa order 1050

Documents

faa actions

review slide

faa compliance

applicability of order

dot order

e section 200e2 slide

training modules

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