Environmental Prescreening Training Introduction to Workshop

NavLean & Process Re-engineering Purpose Began in 2009 to standardize the process for approving IFPs Re-engineer the process to eliminate duplication and inefficiencies in the approval process Resulted in a separate group to develop a revised IFP approval process to meet the recommendations in the NavLean Report

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 IFPs Develop a consistent process for IFP review and approval Develop the pre-screening filter During the review of the pre-screening filter legal requested we develop a NEPA 102, if you will, that was specifically geared towards 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)

Environmental Prescreening Training Module 1 NEPA and CEQ

Training Modules NEPA and CEQ FAA Order 1050 Air Traffic Environmental - Noise Review Environmental Screening Process Overview

MODULE 1 NEPA and CEQ

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 Regulations NEPA Process High level examination of the NEPA process

What is NEPA? National Environmental Policy Act (NEPA) First major US environmental law, which was signed into law on January 1, 1970 by President Nixon National policy to protect the environment Forces federal agencies to process and to follow NEPA policies Does not apply to the President, Congress or to federal Courts Short 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 requirements The 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.

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 impacts NEPA 40 Questions NEPA 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.

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 NEPA. 1970. http://ceq.hss.doe.gov/nepa/regs/nepa/ nepaeqia.htm

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 proposals Source: CEQ. A Citizen’s Guide to the NEPA. 2007. http://ceq.hss.doe.gov/nepa/ Citizens_Guide_Dec07.pdf

What Kinds of FAA Decisions Does NEPA Apply to? In the 1050.1E 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.

What is CEQ? The Council on Environmental Quality (CEQ) Environmental policy advisor to the President Assists agencies in following NEPA processes Directs agencies to implement agency-specific procedures in order to meet NEPA requirements

What is CEQ? (Cont.) CEQ Website CEQ assists in interpreting the NEPA implementing regulations when there are disagreements between parties affected by the proposed action 40 CFR parts 1500-1508 FAA’s NEPA regulatory compliance requirements are specified in Order 1050.1E set the standard for NEPA compliance.  They also require agencies to create their own NEPA implementing procedures Code of federal regulations

CEQ - Regulations for Implementing NEPA Regulation Title Part 1500 Purpose, Policy and Mandate Part 1501 NEPA and Agency Planning Part 1502 Environmental Impact Statement Part 1503 Commenting Part 1504 Predecision Referrals to the Council of Proposed Federal Actions Determined to be Environmentally Unsatisfactory Part 1505 NEPA and Agency Decisionmaking Part 1506 Other Requirements of NEPA Part 1507 Agency Compliance Part 1508 Terminology and Index Important pieces from each part: 1500: mandates agencies to follow the NEPA regulations. In general, be concise. Analyses can become lengthy. Early integration with other agencies 1501:Identify possible environmental impacts early. Again, integrate with other agencies early. 1502: environmental impact statement – will discuss at greater lengths in module 2 1503: When receiving comments from other agencies, modify content (if necessary) and respond 1504: 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’s 1507: All agencies must comply with these regulations, other than those mentioned earlier.

Types of Impact There are three types of impacts that are measured in a NEPA review: . Type of Impact Example Direct Noise impact to an area Indirect Noise impact to a threatened endangered species Cumulative Numerous 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 impact Indirect: noise impact to a threatened endangered species Cumulative: numerous PBN procedures at a specific airport over time. When looking at cumulative impacts, Reasonably foreseeable = 5 years

NEPA Process

When Proposing an Agency Action Identify and consider environmental issues early in the process Interdisciplinary Approach Identify the stakeholders Involve Local Communities Involve other agencies/government organizations Identify issues and concerns from local communities and other agencies/governmental organizations

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 environment Types of Federal actions that meet the criteria contained in 40 CFR 1508.4 (CEQ Regulation) Examples: Issuing administrative personnel procedures Making minor facility renovations (such as installing energy efficient lighting) Source: CEQ. A Citizen’s Guide to the NEPA. 2007. http://ceq.hss.doe.gov/nepa/ Citizens_Guide_Dec07.pdf Want to identify possible CATEX’s early They 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 environment Actions 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 exclusion Agencies develop a list of CEs specific to their operations when they develop or revise their NEPA implementing procedures in accordance with CEQ’s NEPA regulations.

Extraordinary Circumstances Circumstances that exist which may cause the proposed action to have a significant effect Effects 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 NEPA. 2007. http://ceq.hss.doe.gov/nepa/ Citizens_Guide_Dec07.pdf If the proposed action is not included in the description provided in the CE established by the agency, or there are extraordinary circumstances, the agency must prepare an EA or an EIS, or develop a new proposal that may quality for application of a CE. When the agency does not know or is uncertain whether significant impacts are expected, the agency should prepare an EA to determine if there are significant environmental effects.

Environmental Assessment (EA) Prepared when the review of the action shows that it is not: Categorically excluded Involves at least one extraordinary circumstance with the potential to significantly impact the human environment Does not normally require an EIS Purpose To determine the significance of the environmental impacts, identify and consider alternative means to achieve the agency’s objectives.

Environmental Assessment (EA) (Cont.) Should Include: The purpose and need for the proposal Alternative courses of action (when necessary) The effected environment The environmental impacts of the proposed action and alternatives A list of agencies and people consulted Source: CEQ. A Citizen’s Guide to the NEPA. 2007. http://ceq.hss.doe.gov/nepa/ Citizens_Guide_Dec07.pdf

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 AGL New 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.

Finding of No Significant Impact (FONSI) FAA's determination that the action does not significantly affect the environmental Is a finding not a decision document A 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.

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  alternatives An EIS describes: The purpose and need of the action The alternatives to the action  The affected environment  The environmental consequences Ex: New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign If conducting an EIS from an EA, publish a Notice of Intent (NOI) with the Federal Register

Draft and Final EIS Draft EIS Final EIS Submitted for public comment Purpose and Need and Alternatives are presented and analyzed Agencies must always describe and analyze a “no action alternative” Final EIS The 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 NEPA. 2007. http://ceq.hss.doe.gov/nepa/ Citizens_Guide_Dec07.pdf The purpose and need statement will describe what they are trying to achieve by proposing an action The “no action” alternative is simply what would happen if the agency did not act upon the proposal for agency action. For example, in the case of an application to the U.S. Army Corps of Engineers for a permit to place fill in a particular area, the “no action” alternative is no permit. But in the case of a proposed new management plan for The National Park Service’s management of a national park, the “no action” alternative is the continuation of the current management plan. A minimum of 30 days must pass before the agency can make a decision on their proposed action unless the agency couples the 30 days with a formal internal appeals process.

Record of Decision (ROD) Concise public record of decision, which may be integrated into any other record prepared by the agency States what the decision is, identifies all alternatives considered in reaching the agency’s decision, and specifies which were environmentally preferable Discusses all other relevant factors considered The ROD discusses all other relevant factors considered, including any essential considerations of national policy, economic and technical considerations, and the agency’s statutory mission.

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 not May include a monitoring and enforcement program for mitigation The ROD discusses all other relevant factors considered, including any essential considerations of national policy, economic and technical considerations, and the agency’s statutory mission.

Questions?