Environmental Prescreening Training

1. Environmental Prescreening Training Introduction to Workshop

2. 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

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 IFPs • Develop a consistent process for IFP review and approval • Develop the pre-screening filter

4. Environmental Prescreening Training Module 1 NEPA and CEQ

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

6. MODULE 1 NEPA and CEQ

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 Regulations • NEPA Process • High 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 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

9. What is NEPA? (Cont.) • 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

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 NEPA. 1970. http://ceq.hss.doe.gov/nepa/regs/nepa/ nepaeqia.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 proposals Source: CEQ. A Citizen’s Guide to the NEPA.2007. http://ceq.hss.doe.gov/nepa/ Citizens_Guide_Dec07.pdf

12. 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.

13. 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

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 action • 40 CFR parts 1500-1508 • FAA’s NEPA regulatory compliance requirements are specified in Order 1050.1E

15. CEQ - Regulations for Implementing NEPA

16. Types of Impact • There are three types of impacts that are measured in a NEPA review: • .

17. NEPA Process

18. 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

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 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

20. 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

21. 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.

22. 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

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 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.

24. 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)

25. Environmental Impact Statement (EIS) • A detailed document that provides a full and fair discussion of thepotential 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

26. Draft and Final EIS • Draft 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

27. 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

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 not • May include a monitoring and enforcement program for mitigation

29. Questions?