Presentation on theme: "Environmental Prescreening Training"— Presentation transcript:
1 Environmental Prescreening Training Introduction to Workshop
2 NavLean & Process Re-engineering PurposeBegan in 2009 to standardize the process for approving IFPsRe-engineer the process to eliminate duplication and inefficiencies in the approval processResulted in a separate group to develop a revised IFP approval process to meet the recommendations in the NavLean Report
3 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 IFPsDevelop a consistent process for IFP review and approvalDevelop the pre-screening filterDuring the review of the pre-screening filter legal requested we develop a NEPA 102, if you will, that was specifically gearedtowards everyone who would be required to review environmental recommendation resulting from the pre-screening process. Because reviewers have varying levels of environmental experience we will also need to cover some basic info as well. (this should lead you into the first module)
4 Environmental Prescreening Training Module 1NEPA and CEQ
5 Training Modules NEPA and CEQ FAA Order 1050 Air Traffic Environmental - Noise ReviewEnvironmental Screening Process Overview
7 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 RegulationsNEPA ProcessHigh level examination of the NEPA process
8 What is NEPA? National Environmental Policy Act (NEPA) First major US environmental law, which was signed into law on January 1, 1970 by President NixonNational policy to protect the environmentForces federal agencies to process and to follow NEPA policiesDoes not apply to the President, Congress or to federal CourtsShort and concise compared to other environmental laws that came after. If action is in response to an emergency, Congress can exempt an agency from following NEPA requirementsThe passing of NEPA acknowledged the environmental effects that governmental actions had been having and sought to prevent further impact.NEPA regulations vary from agency to agency.There may be additional requirements to follow: FAA has additional regulations to assess aircraft noise.
9 What is NEPA? (Cont.) NEPA 40 Questions 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 impactsNEPA 40 QuestionsNEPA established the CEQ, as part of the executive branch that overseas NEPA regulations requires Federal agencies to perform environmental analyses to determine the environmental consequences of their proposed actions before they act.*NEPA 40 Questions* are developed by CEQ.Make reference to it that not everything fits in perfectly.
10 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 NEPAnepaeqia.htm
11 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 proposalsSource: CEQ. A Citizen’s Guide to the NEPACitizens_Guide_Dec07.pdf
12 What Kinds of FAA Decisions Does NEPA Apply to? In the E 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.
13 What is CEQ? The Council on Environmental Quality (CEQ) Environmental policy advisor to the PresidentAssists agencies in following NEPA processesDirects agencies to implement agency-specific procedures in order to meet NEPA requirements
14 What is CEQ? (Cont.) CEQ Website CEQ assists in interpreting the NEPA implementing regulations when there are disagreements between parties affected by the proposed action40 CFR partsFAA’s NEPA regulatory compliance requirements are specified in Order Eset the standard for NEPA compliance. They also require agencies to create their own NEPA implementing proceduresCode of federal regulations
15 CEQ - Regulations for Implementing NEPA Regulation TitlePart 1500Purpose, Policy and MandatePart 1501NEPA and Agency PlanningPart 1502Environmental Impact StatementPart 1503CommentingPart 1504Predecision Referrals to the Council of Proposed Federal Actions Determined to be Environmentally UnsatisfactoryPart 1505NEPA and Agency DecisionmakingPart 1506Other Requirements of NEPAPart 1507Agency CompliancePart 1508Terminology and IndexImportant pieces from each part:1500: mandates agencies to follow the NEPA regulations. In general, be concise. Analyses can become lengthy. Early integration with other agencies1501:Identify possible environmental impacts early. Again, integrate with other agencies early.1502: environmental impact statement – will discuss at greater lengths in module 21503: When receiving comments from other agencies, modify content (if necessary) and respond1504: This section defines the council for when there are issues while following the NEPA process.1506: Avoid dupliucation of work. Get the public involved. It’s requires for EIS and sometimes for EA’s1507: All agencies must comply with these regulations, other than those mentioned earlier.
16 Types of ImpactThere are three types of impacts that are measured in a NEPA review:.Type of ImpactExampleDirectNoise impact to an areaIndirectNoise impact to a threatened endangered speciesCumulativeNumerous PBN procedures at a specific airport over time.Cumulative Impacts are defined as the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions.Direct: noise impactIndirect: noise impact to a threatened endangered speciesCumulative: numerous PBN procedures at a specific airport over time. When looking at cumulative impacts, Reasonably foreseeable = 5 years
18 When Proposing an Agency Action Identify and consider environmental issues early in the processInterdisciplinary ApproachIdentify the stakeholdersInvolve Local CommunitiesInvolve other agencies/government organizationsIdentify issues and concerns from local communities and other agencies/governmental organizations
19 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 environmentTypes of Federal actions that meet the criteria contained in 40 CFR (CEQ Regulation)Examples:Issuing administrative personnel proceduresMaking minor facility renovations (such as installing energy efficient lighting)Source: CEQ. A Citizen’s Guide to the NEPACitizens_Guide_Dec07.pdfWant to identify possible CATEX’s earlyThey represent actions that the FAA has found, based on past experience with similar actions, do not normally require an EA or EIS because they do not individually or cumulatively have a significant effect on the human environmentActions that would normally be categorically excluded may require additional environmental analysis These situations are called extraordinary circumstances Extraordinary circumstances must be considered for every proposed project, even those initially identified as a categorical exclusionAgencies develop a list of CEs specific to theiroperations when they develop or revise their NEPA implementingprocedures in accordance with CEQ’s NEPA regulations.
20 Extraordinary Circumstances Circumstances that exist which may cause the proposed action to have a significant effectEffects 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 NEPACitizens_Guide_Dec07.pdfIf the proposed action is not included in the description provided in the CE established by the agency, or there are extraordinarycircumstances, the agency must prepare an EA or an EIS, or develop a new proposal that may quality for application of a CE. When theagency does not know or is uncertain whether significant impacts are expected, the agency should prepare an EA to determine if there aresignificant environmental effects.
21 Environmental Assessment (EA) Prepared when the review of the action shows that it is not:Categorically excludedInvolves at least one extraordinary circumstance with the potential to significantly impact the human environmentDoes not normally require an EISPurposeTo determine the significance of the environmental impacts, identify and consider alternative means to achieve the agency’s objectives.
22 Environmental Assessment (EA) (Cont.) Should Include:The purpose and need for the proposalAlternative courses of action (when necessary)The effected environmentThe environmental impacts of the proposed action and alternativesA list of agencies and people consultedSource: CEQ. A Citizen’s Guide to the NEPACitizens_Guide_Dec07.pdf
23 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 AGLNew 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.
24 Finding of No Significant Impact (FONSI) FAA's determination that the action does not significantly affect the environmentalIs a finding not a decision documentA FONSI may include mitigation measures to avoid, eliminate, or reduce anticipated impact(s)A formal decision document after a FONSI, called a Record of Decision or FONSI/ROD, is optional because the agency’s decision to act may be evidenced by other documents such as rules, licenses, or approvals. If FAA decides a FONSI/ROD is needed, it should incorporate the FONSI, along with other required findings/documents.
25 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 alternativesAn EIS describes:The purpose and need of the actionThe alternatives to the action The affected environment The environmental consequencesEx: New York/New Jersey/Philadelphia Metropolitan Area Airspace RedesignIf conducting an EIS from an EA, publish a Notice of Intent (NOI) with the Federal Register
26 Draft and Final EIS Draft EIS Final EIS Submitted for public comment Purpose and Need and Alternatives are presented and analyzedAgencies must always describe and analyze a “no action alternative”Final EISThe 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 NEPACitizens_Guide_Dec07.pdfThe purpose and need statement will describe what they are trying to achieve by proposing an actionThe “no action” alternative is simply what would happen if the agencydid not act upon the proposal for agency action. For example, inthe case of an application to the U.S. Army Corps of Engineers for apermit to place fill in a particular area, the “no action” alternative isno permit. But in the case of a proposed new management plan forThe National Park Service’s management of a national park, the “noaction” alternative is the continuation of the current management plan.A minimum of 30 days must pass before the agency can make adecision on their proposed action unless the agency couples the 30days with a formal internal appeals process.
27 Record of Decision (ROD) Concise public record of decision, which may be integrated into any other record prepared by the agencyStates what the decision is, identifies all alternatives considered in reaching the agency’s decision, and specifies which were environmentally preferableDiscusses all other relevant factors consideredThe ROD discusses all other relevant factors considered, including any essential considerations of national policy, economic and technical considerations, and theagency’s statutory mission.
28 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 notMay include a monitoring and enforcement program for mitigationThe ROD discusses all other relevant factors considered, including any essential considerations of national policy, economic and technical considerations, and theagency’s statutory mission.