ACA Conference - September 2017 Environmental Clearance and Next Year’s Grant Presented by: Los Angeles Airport District Office Brenda Pérez George Buley David Cushing ACA Conference - September 2017

Presentation Agenda Consideration of environmental processes in master planning Why do we prepare environmental documents? Timing, Planning and Coordination

Appropriate Planning is Critical for the Environmental Process Master Plan ALP Feasibility Studies Noise Studies Environmental Determination CatEx EA EIS Project Implementation Construction

Consideration of Environmental Factors in Airport Master FAA’s Mission is to provide a safe and efficient aviation system Integral to this Mission, is the FAA’s responsibility for complying with requirements of the National Environmental Policy Act (NEPA) Environmental issues should be considered early in the airport master planning process to ensure efficient, timely, and effective subsequent NEPA environmental review of a proposed airport development project.

Planning and NEPA Purpose and Need “Purpose & Need” of a proposed action Airport planning study provides the justification and basis of a proposed action Consideration of environmental factors as a task Airport planning process Related baseline environmental consideration How does planning set the groundwork for NEPA? One of the first things that NEPA looks at is a clear Purpose and Need, which is a NEPA term that refers to a section of an environmental document the describes the purpose of, and need for, the proposed action. An airport planning study provides the justification and basis for a project’s Purpose & Need in subsequent environmental evaluation and NEPA analysis of Alternatives. Consideration of environmental factors as a Task within the airport planning study is appropriate for the planning large complex projects, as well as smaller scope planning projects. The Airport Sponsor should always complete the airport planning process and any related baseline environmental consideration prior to commencing preparation of an EA or EIS.

FAA Role in Airport Master Planning Proper planning includes FAA review/approval of: Aviation Activity Forecast and Critical Aircraft Obstruction Mitigation Plans Site selection studies Review the adequacy of the planning alternative analysis ALP set and associated airspace case study Planning study and associated capital improvement program Proper planning includes FAA review/approval of: Aviation Activity Forecast and Critical Aircraft. Obstruction Mitigation Plans. Site selection studies. Review the adequacy of the planning alternative analysis. Airport Layout Plan (ALP) Drawing Set and associated airspace case study. Planning study and associated capital improvement program. Airport Master Plan Study should identify and justify the airport facility’s True Needs for the planning horizon.

Planning vs. Programming Planning informs the CIP Project need Priority Expected costs ALP is not a programming document Airport Master Plan Study should identify and justify the airport facility’s True Needs for the planning horizon.

Environmental Baseline Features Planning Environmental Baseline Preliminary identification of potential, or known, environmental features Major airport drainage ditches Wetlands Flood Zones Historic or Cultural features DOT Section 4(f) features Flora/Fauna Not part of NEPA Planning Environmental Baseline - As a Task, the Airport Master Planning study can include a preliminary identification of potential, or known, environmental features. This Environmental Baseline can include preliminary identification of potential or known environmental features can include: Major airport drainage ditches Wetlands Flood Zones Historic or Cultural features DOT Section 4(f) features Flora/Fauna This Environmental Baseline is not intended to be part of the NEPA process. It is to ensure that supportable and consistent planning data is provided. It can be used to avoid any sensitive or protected resources during your planning efforts.

Intergovernmental and Interagency Coordination Formal and informal: FAA must consult affected Federal and state agencies, tribes, and local units of government early in the NEPA process Community involvement Early coordination should include coordinating with airport sponsors affected by proposed FAA actions. Consultation comments on the potential environmental impacts of the proposed action must be considered in determining whether the proposed action requires an EA or EIS, and can aid in the preparation of the EA or EIS. This is KEY to establishing a lasting cooperative relationship between the airport and local community. Successful projects involve the community early in airport master planning. This involvement is encouraged as it educates and informs the local citizens and local airport users by allowing them to provide constructive input to guide the airport sponsor and FAA decision-making. The planning process benefits by receiving feedback on local airport needs, local economy and develop which also allows the airport to voice its interest in maintaining compatible land use. Ultimately – the community involvement in the planning process increases community awareness of the proposed action prior to commencing preparation of an EA or EIS.

Why Do We Prepare Environmental Documents? To ensure that proposed projects comply with federal laws and regulations To support the “Federal Action”

National Environmental Policy Act of 1969 (NEPA) NEPA requires each Federal agency to disclose a description of potential environmental impacts of the proposed project FAA must comply with NEPA for all proposed airport development projects that require a federal action Funding Approving Releasing NEPA covers many environmental laws such as these:

NEPA Native American Grave Protection Act Executive Order 12898 (Environmental Justice) Americans with Disabilities Act Section 4(f) of USDOT Act (49 USC 303) Clean Air Act Farmland Protection Policy Act Executive Order 11988 (Floodplains) Endangered Species Act of 1973 Migratory Bird Treaty Act of 1918 Resource Conservation and Recovery Act of 1976 Comprehensive Environmental Response, Compensation and Liability Act National Historic Preservation Act Archaeological and Historic Preservation Act Archaeological Resources Protection Act American Antiquities Act of 1906 Land and Water Conservation Fund Act Clean Water Act Executive Order 11990 (Wetlands) Economic, Social and Environmental Effects Public involvement, interagency coordination

Levels of NEPA Study and Federal Review Categorical Exclusion (CATEX) for action that does not individually or cumulatively result in significant impacts. Environmental Assessment (EA) for project that does not fall within the scope of a CATEX or has one or more extraordinary circumstances. Environmental Impact Statement (EIS) for actions with significant impacts. (Order 1050.1F, chapter 3)

Levels of NEPA Review- Roles Type of NEPA Sponsor FAA FAA Decision CATEX Prepares Reviews CATEX Determination EA FONSI, FONSI/ROD, Or prepare EIS EIS Assists FAA ROD FAA’s Roles in Environmental Review Review the sponsor-prepared Categorical Exclusion (CATEX) for accuracy and issue CATEX approvals to sponsors. Review the EA and request correction of deficiencies Coordinate, or consulting, with Federal and state resources agencies and tribes where federal participation is required. Coordinate review with ADO staff, Regional Counsel, Region, and other LOBs as needed Prepare FONSIs or FONSI/RODs Prepare EIS…

What projects qualify for CATEX? Projects must be listed as a CATEX in the Order to qualify as a CATEX All the same: Categorical Exclusion CatEx CE

CatEx (CE) Documentation Airport sponsors can often complete CE documentation for routine actions: Address all resources categories Submit to FAA ADO More complicated CEs may require Specialized assistance to sponsor such as a city or county planning department staff or Consultant assistance FAA ADOs can help you separate “do it yourself” from “need a pro” CE situations

Environmental Assessment (EA) An EA must be prepared for a proposed action if: It is not categorically excluded It is normally categorically excluded, but involves one or more extraordinary circumstance that may impact the human environment, or The action does not normally require an EIS and is not categorically excluded EA is a concise document used to describe a proposed action’s anticipated environmental impacts

Finding of No Significant Impact (FONSI) FONSI is a finding made by the responsible FAA official after an EA is complete. Issuance of a FONSI signifies that the FAA will not prepare an EIS and has completed the NEPA process. Allows project funding and development to proceed

Environmental Impact Statement (EIS) New Runway or New Terminal. We’ll let you know.

NEPA Document Timing What Level of Study Do I Need? Coordinate early with FAA Airport Planner Environmental Protection Specialist Project Manager Tip: Utilize Master Plan process for early identification of environmental issues

How Long Does It Take? It depends… Planning?? Complexity of the project Timeliness of surveys/reports Response from other agencies Quality of submittals

How Long Does It Take? Cont. If there are no unexpected environmental issues, planning has been completed and quality of submittals CE – about 1 week to 6 months (depends on extraordinary circumstances) EA – about 18 to 24 months to a FONSI EIS – on average about 3 to 4-years to a ROD

NEPA Document Timing The Big Question…When should I submit my documents* Potential CE Projects: 6 months prior to the Federal Action Potential EA Projects: these are prior to Federal Action Biological Assessment – 19 months Map of Area of Potential Effect (APE) – 22 months Cultural Report – 22 months Draft EA – 15 months

NEPA Document Timing Objective is to complete the NEPA process in advance of the “funding need date or proposed project construction schedule” Why Start the Environmental Early? – Provide sufficient time to ensure NEPA documentation and FAA decision is completed to meet the need date FAA will need to determine if additional information requirements are needed Special Purpose Law Consultations. These are Federal laws, regulations, executive orders or departmental orders that are required outside of NEPA. Endangered Species Act * Coastal Zone Management Act National Historic Preservation Act * Air Quality Act Floodplains Clean Water Act *FAA consultation required if any potential impacts

Extraordinary Circumstances Factors or circumstances which a normally categorically excluded action may have a significant environmental impact that then requires further analysis in an EA or EIS For FAA, extraordinary circumstances must have the potential for a significant impact. Identified extraordinary circumstances can be eliminated in order to apply a CatEx. Some kinds of extraordinary circumstances are:

Extraordinary Circumstances An adverse effect on cultural resources Impact on properties protected under Section 4(f) Impact on natural, ecological, or scenic resources of Federal, state, tribal or local significance (T&E species / critical habitat, natural resources and energy supply) Impact on resources – wetlands, floodplains etc. Division or disruption of established community Increase in congestion from surface transportation Impact on noise levels of sensitive Impact on air and water quality

Project Development Issues Concerned citizens Special Interests Regulatory agencies Political considerations

Common Trouble Spots Purpose and Need Alternatives Cumulative Effects Compliance with Special Purpose Laws

Common Trouble Spots Responses to Public Comments Response to Resource Agency Concerns Accounting for New Information Insufficient Administrative Record