1. Presented to: Association of California Airports By: Peter F. Ciesla, Environmental Protection Specialist Date: September 21, 2006 Federal Aviation Administration How to Prepare Your Categorical Exclusion (CATEX) Information and Prepare a Brief Environmental Assessment

2. 2 Federal Aviation Administration Association of California Airports September 21, 2006 2 CATEX Presentation Outline National Environmental Policy Act background New Western-Pacific Region, Airports Division CATEX form Steps in preparing the CATEX information

3. 3 Federal Aviation Administration Association of California Airports September 21, 2006 3 National Environmental Policy Act (NEPA) NEPA requires each Federal agency to disclose to the interested public, a clear, accurate description of potential environmental impacts that proposed Federal actions and reasonable alternatives to those actions would cause. FAA must comply with NEPA for all proposed airport development projects that require a federal action. Main FAA Federal actions: Airport Layout Plan (ALP) approval, Federal funding requests, Passenger Facility Charge approvals, including locally funded items that require ALP approval.

4. 4 Federal Aviation Administration Association of California Airports September 21, 2006 4 FAA References FAA Order 1050.1E – Agency-wide environmental policy on how FAA will comply with NEPA FAA Order 5050.4B – Supplements 1050.1E by providing NEPA instructions for proposed airport development projects

5. 5 Federal Aviation Administration Association of California Airports September 21, 2006 5 Types of NEPA Review Categorical Exclusion (CATEX) Environmental Assessment (EA) Environmental Impact Statement (EIS)

6. Presented to: Association of California Airports By: Peter F. Ciesla, Environmental Protection Specialist Date: September 21, 2006 Federal Aviation Administration

7. 7 Federal Aviation Administration Association of California Airports September 21, 2006 7 New CATEX Form Previous CATEX form was too long. A checklist form does not require sufficient review of potential impacts. After FAA and airport sponsor input, a new CATEX form was approved by the FAA Western-Pacific Region, Airports Division, in May 2006. Two-page form describes format for reviewing and documenting extraordinary circumstances.

8. 8 Federal Aviation Administration Association of California Airports September 21, 2006 8 New CATEX Form Titled: Extraordinary Circumstances Evaluation Information Submittal for Categorical Exclusion of Airport Projects. Form to be available at FAA website: http://www.faa.gov/airports_airtraffic/airports/ regional_guidance/western_pacific/

9. 9 Federal Aviation Administration Association of California Airports September 21, 2006 9 Applicability Sponsors do not need to submit the documentation for: – Equipment and vehicle purchases –Snow removal equipment –Security equipment, computers –Runway/taxiway edge lighting –Control panels, regulators –Master Plans, Part 150 studies –Feasibility studies

10. 10 Federal Aviation Administration Association of California Airports September 21, 2006 10 Sponsor Information Submittal - Timing Provide information for proposed projects 12 months prior to funding request or Airport Layout Plan approval. This will allow FAA to determine if additional information is needed. Objective is to complete the NEPA process in advance of the “funding need date or proposed project construction schedule.”

11. 11 Federal Aviation Administration Association of California Airports September 21, 2006 11 Steps in the CATEX Process 1.Define the proposed action 2.Review if the action is identified is on the CATEX list 3.Sponsor conducts extraordinary circumstances review 4.Provide extraordinary circumstance information to FAA 5.FAA extraordinary circumstances review 6.Comply with any special purpose laws 7.FAA issues a CATEX determination

12. 12 Federal Aviation Administration Association of California Airports September 21, 2006 12 Step 1: Define the Proposed Action Sponsor to clearly identify the project and why it is needed. Describe the details of the proposed project to allow identification of the extent of potential impacts. Maps/drawings/photos to show the project footprint and surroundings are important.

13. 13 Federal Aviation Administration Association of California Airports September 21, 2006 13 Step 2: Review if the Action Identified is on the CATEX List Sponsor can review Paragraphs 307 to 312 in FAA Order 1050.1E, which list the various FAA actions that are normally categorically excluded. Tables 6-1 and 6-2 of FAA Order 5050.4B provide listings of CATEX’s pertaining to airport actions. CATEX’s apply to actions that FAA has found, based on past experience, do not “normally” require an EA or EIS.

14. 14 Federal Aviation Administration Association of California Airports September 21, 2006 14 Step 2: Review if the Action Identified is on the CATEX List (cont’d) An action on the categorically excluded list is not automatically a categorical exclusion. If no applicable CATEX, then an EA is required. Contact your Airports District Office, Environmental Protection Specialist (EPS), to answer any questions.

15. 15 Federal Aviation Administration Association of California Airports September 21, 2006 15 Step 3: Sponsor Conducts Extraordinary Circumstances Review If a CATEX is applicable for the action, Sponsor conducts preliminary review for any extraordinary circumstances. Sponsor collects necessary resource data to support extraordinary circumstance evaluation. Sponsor coordination with ADO regarding proposed project.

16. 16 Federal Aviation Administration Association of California Airports September 21, 2006 16 Extraordinary Circumstances Described in Paragraph 304 of FAA Order 1050.1E. Exist when the proposed action may have a significant effect and, Involve impacts to any one of the following: Air quality, coastal resources, 4(f) properties, natural resources and energy supply, farmlands, fish, wildlife and plants, floodplains, hazardous materials, historic, architectural, archeological and cultural resources, noise, secondary impacts, water quality, wetlands, wild and scenic rivers, and likely to be highly controversial or not consistent with local, state or federal plans and policies, or directly, indirectly or cumulatively create a significant impact on the human environment.

17. 17 Federal Aviation Administration Association of California Airports September 21, 2006 17 Sources for Information Master Plan studies Previous environmental studies Part 150 studies Feasibility studies General/Specific Plans County/City Planning Department Local, state and federal resource agencies

18. 18 Federal Aviation Administration Association of California Airports September 21, 2006 18 Step 4: Provide Extraordinary Circumstance Information to FAA Sponsor to prepare information per the Western- Pacific Region, Airports Division new CATEX form. Submit to your Airports District Office (ADO). Can submit advance copy to the ADO EPS. Provide point of contact on the form for further information and questions.

19. 19 Federal Aviation Administration Association of California Airports September 21, 2006 19 Step 5: FAA Extraordinary Circumstances Review FAA must review if any extraordinary circumstances exist as a result of the proposed project. FAA uses information from the airport sponsor to document the Agency’s examination of extraordinary circumstances. FAA will use this information to determine if it can categorically exclude the action or if an EA or an EIS is required.

20. 20 Federal Aviation Administration Association of California Airports September 21, 2006 20 Step 6: Comply with any Special Purpose Laws FAA and sponsor prepare any required documentation to comply with Special Purpose Laws. 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

21. 21 Federal Aviation Administration Association of California Airports September 21, 2006 21 Step 7: FAA Issues a CATEX Determination Western-Pacific Region, Airports Division policy is to provide a written determination to airport sponsor. The purpose of the documentation is to complete the administrative file to document compliance with grant assurances, and compliance with NEPA in case of legal challenge. FAA unconditionally approves the project on the ALP and the project is eligible for FAA funding consideration. Airport sponsor may now proceed with the action.

22. 22 Federal Aviation Administration Association of California Airports September 21, 2006 22 Questions

23. 23 Federal Aviation Administration Association of California Airports September 21, 2006 23 Presentation Outline Brief Environmental Assessment (EA) Background What a Brief EA is and is not Preparing a Brief EA

24. 24 Federal Aviation Administration Association of California Airports September 21, 2006 24 EA Required For actions not on the CATEX list. For actions on the CATEX list, which due to extraordinary circumstances FAA determines an EA is required. Automatically for: –New airport –New runway –Major runway extension

25. 25 Federal Aviation Administration Association of California Airports September 21, 2006 25 EA Content FAA Order 5050.4B, Chapter 7 discusses content. Recommended 15 pages maximum. Council on Environmental Quality (CEQ) “Forty Most Asked Questions Concerning CEQ’s NEPA Regulations” Question 36a, advises that EA’s be kept to no more than 10-15 pages.

26. 26 Federal Aviation Administration Association of California Airports September 21, 2006 26 Brief EA Recognition that some EA’s do not need the same level of detail. Used for proposed projects which cannot be categorically excluded from an environmental assessment, but the environmental impacts are expected to be insignificant. Also referred to as a “short form EA” Still requires sufficient documentation to allow the FAA to make a determination that there are no significant impacts. For actions where less documentation is justified.

27. 27 Federal Aviation Administration Association of California Airports September 21, 2006 27 What a Brief EA is Not Not meant to short cut the environmental regulations and laws. Does not revise the standard EA format

28. 28 Federal Aviation Administration Association of California Airports September 21, 2006 28 What a Brief EA is Allows for quicker processing and review of the documentation. Intended to meet the regulatory requirements of an EA, while simplifying the documentation process

29. 29 Federal Aviation Administration Association of California Airports September 21, 2006 29 Resource Impact Evaluations Only enough information is needed to support that no significant impacts would result from the project. For those resource categories where no impacts are expected, i.e. coastal zone impacts to an inland site, information can be minimized.

30. 30 Federal Aviation Administration Association of California Airports September 21, 2006 30 Brief EA Format Similar to EA format, but information within the document is abbreviated. Limit to only essential maps, drawings and photos. FAA Airports Headquarters to come out with more details in the environmental desk- top reference, anticipated by year end.

31. 31 Federal Aviation Administration Association of California Airports September 21, 2006 31 EA Format Cover sheet Purpose and Need Proposed Action Alternatives Affected Environment Environmental Consequences Mitigation Cumulative impact analysis Agencies, organizations and persons consulted

32. 32 Federal Aviation Administration Association of California Airports September 21, 2006 32 For More Details Contact your Airports District Office (ADO) Environmental Protection Specialist San Francisco ADO (650)-876-2778 –Camille Garibaldi, extension 613 –Barry Franklin, extension 614 –Aimee Kratovil, extension 612 Los Angeles ADO –Michelle Simmons, (310) 725-3614 –Victor Globa, (310) 725-3637

33. 33 Federal Aviation Administration Association of California Airports September 21, 2006 33 Helpful Websites FAA Environmental Program: –http://www.faa.gov/airports_airtraffic/airports/regional_ guidance/western_pacific/environmental/ FAA Order 1050.1E –http://www.faa.gov/regulations_policies/orders_notices /media/10501ECHG.pdf FAA Order 5050.4B: –http://www.faa.gov/airports_airtraffic/airports/resources /publications/orders/environmental_5050_4/

34. 34 Federal Aviation Administration Association of California Airports September 21, 2006 34 Questions