L O N G B E A C H , C A

Rob AdamsVice President, Landrum & Brownradams@landrum-brown.com

NEPA Essentials

— Tools:  1050.1E, 5050.4B, Desk Reference, and Seleceted ACRP reports

L O N G B E A C H , C A

Agenda

• FAA Order 1050.1E– Background– Purpose– Key Elements– How to Apply as a NEPA Practitioner

• FAA Order 5050.4B– Background– Purpose– Key Elements– How to Apply as a NEPA Practitioner

• Environmental Desk Reference for Airport Actions– Background– Purpose– Key Elements– How to Apply as a NEPA Practitioner

• Airport Cooperative Research Program (ACRP)

FAA Order 1050.1EBackground

• Effective Date: June 8, 2004

• Name: Policies and Procedures for Considering Environmental Impacts

• 1050.1E Change 1 Effective Date: March 20, 2006– Revised 1050.1E includes changes for clarification, changes for

consistency, a change for addition of information, corrections, and editorial changes

• 1050.1E will be updated: estimated Summer 2011

FAA Order 1050.1EPurpose

• This order provides Federal Aviation Administration (FAA) policy and procedures to ensure agency compliance with the requirements set forth in the Council on Environmental Quality (CEQ) regulations for implementing the provisions of the National Environmental Policy Act of 1969 (NEPA), 40 Code of Federal Regulations (CFR) parts 1500-1508; Department of Transportation Order DOT 5610.1C, Procedures for Considering Environmental Impacts; and other related statutes and directives.

• 1050.1E is applicable to all major operating divisions of the FAA:– Airports– Air Traffic– Aviation Standards– Airway Facilities– Logistics

FAA Order 1050.1EKey Elements

• FAA responsibilities to implement NEPA

• Roles and Responsibilities– Lead Agency– Sponsor– Cooperating Agencies

• Three levels of NEPA Review (CATEX, EA, EIS)– Identifies actions that normally require each level of review– Sets forth the processing requirements for each

• Basic procedures for agency consultation and public involvement

• Appendix A presents a summary of impact analysis requirements by environmental category

FAA Order 1050.1EHow To Apply As A NEPA Practitioner

• The Planning Phase– 1050.1E can be used to help determine what level of NEPA

review is required• Categorical Exclusions (CATEX) – Actions must be listed in

paragraphs 307-312• Environmental Assessment (EA) – Actions normally requiring an EA

are listed in paragraph 401• Environmental Impact Statement (EIS) – Action requiring an EIS are

described in paragraph 501

– Consultation with responsible FAA official should be undertaken to determine if they concur with NEPA approach

– Figure 4-1 provides the process for a typical EA– Figure 5-1 provides the process for an EIS

FAA Order 1050.1EHow To Apply As A NEPA Practitioner

• Preparing a NEPA Review Document– Paragraph 405 lists and describes a sample format for an EA

– Paragraph 506 provides the FAA’s Standard EIS Format

– Appendix A contains all of the necessary information on each environmental impact category including:

• All requirements• FAA Responsibilities• Defines Significant Impact Thresholds• Procedures for Analysis of Significant Impacts

FAA Order 1050.1EHow To Apply As A NEPA Practitioner

• Review and Approval– EA

• Paragraph 406 describes the necessary steps after the EA is completed

• If no significant impact is present, the responsible FAA official shall prepare a FONSI

– EIS• Paragraphs 509 through 512 describe the necessary steps after the

EIS is completed; including review and distribution of the Final EIS and issuance of Record of Decision (ROD)

FAA Order 5050.4BBackground

• Effective Date: April 28, 2006

• Name: National Environmental Policy Act (NEPA) Implementing Instructions for Airport Projects

• 5050.4A was issued in October 1985

• 5050.4 will be updated: After 1050.1F is published – no firm date

FAA Order 5050.4BPurpose

• FAA Order 5050.4B provides information to Airports Division personnel and others interested in fulfilling NEPA requirements specifically for airport actions under FAA’s authority

• Designed to be consistent with 1050.1E, Change 1

• Focuses on NEPA process– 5050.4B refers to other Federal environmental laws; however,

details are included in the Environmental Desk Reference for Airport Actions

FAA Order 5050.4BHow To Apply As A NEPA Practitioner

• Planning Phase– Is your project a Federal action?

• Paragraph 9g(1) - (11) lists those airport activities that are Federal actions.

– What is the required level of NEPA review?• CATEX – Proposed Action is listed in Table 6-1 or 6-2 and

extraordinary circumstances in Table 6-3 do not require an EA or EIS

• EA – The responsible FAA official determines if an action listed in Table 6-1 or 6-2 and circumstance in Table requires an EA

• EIS – 3 main triggers for an EIS include: if action normally requires an EIS; if an FAA official cannot issue a FONSI based on an EA; or an action addressed in EA would cause significant environmental impacts

FAA Order 5050.4BHow To Apply As A NEPA Practitioner

• Preparing a NEPA Review Document– How you should organize the document

• Paragraphs 706 and 1007 describe the formats to be used in preparation of an EA or EIS, respectively

– There is specific language and information which must be included in particular sections of either an EA or an EIS

– Is there a significant impact?• Table 7-1 lists the thresholds for each resource category as

identified in 1050.1E• Table 7-1 also includes all of the other factors to consider for airport

actions, since 1050.1E does not define thresholds for every category (Note: Table 7-1 does not establish thresholds)

FAA Order 5050.4BHow To Apply As A NEPA Practitioner

• Review and Approval– EA

• Paragraph 708 and paragraphs 804 through 807 identify the necessary review process for an EA including:

– What is the required Federal agency review?

– When is public review required?

– When is public review is optional?

– How to notify the public about the availability?

– EIS• Paragraph 1101(b) identifies where to coordinate and deliver copies

of the Draft EIS and Paragraph 1211 identifies where to deliver copies of the Final EIS.

Desk ReferenceBackground

• Release Date: October 1985 (was part of Order 5050.4A issued at that time)

• Name: The Environmental Desk Reference for Airport Actions (Desk Reference)

• The Desk Reference will be updated in: Timetable not yet defined.

Desk ReferencePurpose

• The Desk Reference summarizes applicable special purpose laws in one location for convenient and quick reference. It does so with a focus on airport-specific actions. Its function is to help FAA integrate the compliance of NEPA and applicable special purpose laws to the fullest extent possible specifically for airport actions.

• Includes information addressing ways to evaluate potential environmental impacts due to a proposed airport action, and when appropriate, its reasonable alternatives.

Desk ReferenceHow To Apply As A NEPA Practitioner

• Planning Phase– For each environmental category, the Desk Reference provides

the oversight agencies for the applicable special purpose law• Some Federal, state, and local agencies require analysis not

covered by NEPA– e.g. Greenhouse Gas Inventory, Different Noise Level Metrics

• These agencies should be consulted during the early stages of the NEPA process to ensure that their regulations are being followed

Desk Reference How To Apply As A NEPA Practitioner

• Preparing a NEPA Review Document– The Desk Reference is organized alphabetically as a reference book to

provide the reader with a process to follow for each environmental category when developing a NEPA review document

• Permits, Certifications, and Approvals

• Environmental Compliance Procedures

• Determining Impacts

• Determining Significance of Impacts

The Desk Reference does not provide the reader a step-by-step process to follow to complete the analyses, but it does provide overall summaries of the analyses and references for more in-depth analytical steps

The Desk Reference’s alphabetical arrangement does NOT mean the environmental document must provide analyses in alphabetical order! Present analyses in an order that most accurately and efficiently conveys the information!

Desk Reference How To Apply As A NEPA Practitioner

• Review and Approval– The Desk Reference does not provide any steps to follow during

the Review and Approval process of a NEPA review.

– It focuses on special purpose laws most applicable to airport actions.

ACRPAirport Cooperative Research Program

• The ACRP was authorized in December of 2003 as part of the Vision 100-Century of Aviation Reauthorization Act

• The ACRP carries out applied research on problems that are shared by airport operating agencies and are not being adequately addressed by existing Federal research programs

• Project Reports are the main products of the research projects and are often written as guidebooks or manuals.

• Syntheses of Practices report on the state of the practice based on literature reviews and surveys of recent activities in critical areas.

ACRPProject Reports

• ACRP Report 7, Aircraft and Airport-Related Hazardous Air Pollutants (HAPs): Research Needs and Analysis

– The report provides a prioritized agenda for future research that will address critical information gaps associated with HAPs

• ACRP Report 11, Guidebook on Preparing Airport Greenhouse Gas Emissions Inventories

– The guidebook is intended to provide concise instructions primarily to airport operators on how to develop an airport-specific greenhouse gas (GHG) emissions inventory

• ACRP Report 15, Aircraft Noise: A Toolkit for Managing Community Expectations

– The Report is a guidebook intended to assist airport managers to incorporate a public involvement program into the planning process.

ACRPSynthesis of Practices

• ACRP Synthesis 9, Effects of Aircraft Noise: Research on Selected Topics

– Intended to update and complement the FAA Report, Aviation Noise Effect, by primarily focusing on the latest research efforts and conclusions in the area.

• ACRP Synthesis 10, Airport Sustainability Practices– Documents a range of airport sustainability practices gathered from

literature review and web-based survey. It specifically targets airport operators and provides a snapshot of airport sustainability practices across the triple bottom line of environmental, economic, and social issues.

• ACRP Synthesis 17, Approaches to Integrating Airport Development and Federal Environment Review Processes

– Examines why disconnects between the Airport sponsor and the FAA occur during the planning phase. The project also identifies practices that airport sponsors and FAA planners have used to integrate the sponsor’s planning efforts and the FAA’s environmental review process.

ACRP Synthesis 17Approaches to Integrating Airport Development and Federal Environment Review Processes

The Problems The SolutionsLack of information about an endangered plant initiated major changes to the Proposed Project

Early Coordination and Consultation

Unexpected delays occur due to lack of information regarding the historical relevance of a building with the project site

Knowing Your Airport

Master plan did not examine alternatives designed to avoid impacts to Section 4(f) resources leading to additional analysis and coordination

Appropriate Range of Alternatives

Public opposition required additional noise-related studies resulting in some delay to the environmental review process

Good Lines of Communication

Opposition from the public about the Proposed Project Public Involvement Strategy

State requirements require analysis in additional to what is required for NEPA resulting in some duplication

Coordinating State and Federal Environmental Review Processes

Inconsistencies between the planning and environmental review process

Funding an FAA Position