Environmental Process at 10,000-foot Elevation

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1 at 10,000-foot Elevation Presented at: By: Sheri G. Lares, EPS Dakota-Minnesota ADO Date: October 25, How Did We Get Here? 2. What Exactly Is It? 3. Why Do We Have To Do It? 4. Can Just Anyone Do It 5. When Should We Do It? 6. Keys to Success! 2 1

US Environmental History-19 th Century 1916- National Park Service Organic Act 1916- National Audubon Society 1945- Use of Atomic Weapons 1948-

the Conservation & Utilization of Resources 1949- University of PA zoologist finds reduction of butterflies due to DDT spraying 1951- Nature

Pollution Control Act 1961- World Wildlife Foundation 1962- Rachel Carson s Silent Spring published 1963- California is first state to begin

1965- Motor Vehicle Air Pollution Control Act 1966- Endangered Species Act 1968- National Trails System Act 1968- National Wild and Scenic Rivers

River oil/chemical sheen burst into flames 5 stories high 1970- NEPA 1970- First Earth Day- 1970- Clean Air Act 1970- Environmental Protection

2 How Did We Get Here? Post World War Population growth High-density urbanization Industrial expansion Resource exploitation Technological advances General Timeline of US Environmental History-19 th Century National Park Service Organic Act National Audubon Society Use of Atomic Weapons Federal Water Pollution Control Act 1948-Donora, PA (SO2 emissions from steel mill 20 deaths, >600 hospitalized) UN Scientific Conference on the Conservation & Utilization of Resources University of PA zoologist finds reduction of butterflies due to DDT spraying Nature Conservancy NYC (heavy smog episode killing 170) Jacques Cousteau s Silent World continues to grow public awareness Air Pollution Control Act World Wildlife Foundation Rachel Carson s Silent Spring published California is first state to begin emission standards Clean Air Act Land and Water Conservation Act National Wilderness Preservation System Water Quality Act Motor Vehicle Air Pollution Control Act Endangered Species Act National Trails System Act National Wild and Scenic Rivers Act National Environmental Policy Act Santa Barbara oil well blowout for over 11 consecutive days in the bay Ohio s Cuyahoga River oil/chemical sheen burst into flames 5 stories high NEPA First Earth Day Clean Air Act Environmental Protection Agency Greenpeace US bans use of DDT Clean Water Act Endangered Species Act Montreal Protocol Stratospheric Ozone Depletion (CFCs) Earth First! 1986-Chernobyl Nuclear Disaster 1987-Montreal Protocol UN Earth Summit in Rio de Janeiro Late 1990s- Global Ban of CFCs 2

Encourage productive and enjoyable harmony

eliminate damage to the environmental and

environment Enrich the understanding of the

important to the Nation Considered the first

3 Where Were You? National Environmental Policy Act (NEPA) Encourage productive and enjoyable harmony between man and the environment Prevent or eliminate damage to the environmental and stimulate the health and welfare of man and the environment Enrich the understanding of the ecological systems and natural resources important to the Nation Considered the first major environmental law in the US Congress passed NEPA in December 1969 President Nixon signed into law New Year s Day

4 What Exactly Is It (NEPA)? National policy which will encourage productive and enjoyable harmony between man and the environment To promote efforts which will prevent or eliminate damage to the environment and stimulate the health and welfare of man To enrich the understanding of the ecological systems and natural resources important to the Nation Established policy, sets goals (Section 101) and provided a means (Section 102) for carrying out the policy Established a Council of Environmental Quality that established implementing regulations (action forcing provisions) that would ensure all Federal agencies act according to the spirit and letter of the Act Clean Air Act Clean Water Act Endangered Species Act National Historic Preservation Act Archaeological Resources Protection Act Native American Graves Protection and Repatriation Act Marine Mammal Protection Act Pollution Prevention Act Marine Protection, Research, and Sanctuaries Act EO Wetlands EO Floodplains EO Environmental Justice DOT Section 4(f) American with Disabilities Act Uniform Relocation Assistance/Real Property Acquisition Policies Act Title VI Civil Rights Act Farmland Protection Policy Act Solid Waste Disposal Act Resource Conservation and Recovery Act Migratory Bird Treaty Act 4

5 Why Do We Have To Do It? Action Forcing Provisions of NEPA (Section 102) requires all Federal Agencies to: Utilize a systematic, interdisciplinary approach Identify and develop methods and procedures (implementing regulations for the agency) Provide a detailed statement (EIS) on major Federal actions significantly affecting the quality of the human environment Private companies or individuals may also be required to comply with NEPA because of a Federal action (permit from a Federal agency, on Federal land (or Federally obligated), Federally funded, or change to ALP) FAA Environmental Policies & Guidance DOT Order C, Procedures for Considering Environmental Impacts FAA Order F, Environmental Impacts: Policies and Procedures FAA Order B, Implementing Instructions for Airport Actions (supplements 1050) 14 CFR part 150, Airport Noise Compatibility Planning FAA Advisory Circulars Regional Policy and Procedure Memorandums 5

6 Typical Actions That Require Environmental Review New Airport Development Project Receive Federal Grant (AIP) Use of PFC Funding Acquire Land or Land Release Some Part 150 Measures Air Traffic Control Procedures Airport Layout Plan Updates 6

Actions that Normally Require a Categorical Exclusion Actions which do not individually or cumulatively have a significant impact on the environment (CEQ) FAA developed a list of actions based on

7 Actions that Normally Require a Categorical Exclusion Actions which do not individually or cumulatively have a significant impact on the environment (CEQ) FAA developed a list of actions based on past experience which normally do not have a significant impact, including: Administrative Actions, i.e. planning studies Actions involving installation, repair, or upgrade of equipment Actions involving acquisition, repair, replacement, maintenance of infrastructure, buildings or facilities that are minor in nature Actions that are on the FAA list of CatEx s and which have one or more of the extraordinary circumstances do NOT require the preparation of an EA or EIS UNLESS it is determined that the action may have a significant environmental impact 7

8 Actions that Normally Require a EA Actions which do not meet the criteria for a CE and do not clearly require the preparation of an EIS Actions that fall within the scope of a CatEx but one or more extraordinary circumstances may have a significant impact FAA developed a list of actions that normally require an EA, including: New airport on new location that serves GA only New commercial service airport that would NOT be located in a MSA New runway at an existing airport that is NOT located in a MSA Major runway extension Runway strengthening that may increase noise 1.5 db or more Road construction or relocation that results in a LOS below desired level Land Acquisition with Major Runway Projects New Instrument Approach Procedures If no significant impacts identified, a Finding of No Significant Impact will be prepared by FAA or significant impacts can be mitigated (Mitigated FONSI) If significant impacts are identified, an EIS shall be prepared 8

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11 Actions that Normally Require an EIS If the action is identified as causing a significant impact, an EIS is prepared FAA developed a list of actions that normally require an EIS, including: Major runway extension New commercial service airport located in a MSA (metropolitan statistical area) New runway to accommodate air carrier aircraft at a commercial service airport located in a MSA Requires similar format as EA but more detail and time Requires legal sufficiency review Burden of proof not on applicant with EIS FAA issues Record of Decision 11

12 Essential Elements of NEPA Purpose and Need why here and why now? Alternatives reasonable, achievable, and meets purpose Affected Environment environmental conditions of the area Impacts direct, indirect, and cumulative effects based on analysis of each alternative Mitigation measures to avoid or minimize harm, or mitigate the impact Commitments review and commit to reasonable and practical recommendations to achieve approval Public Involvement open, cooperative, collaborative, and continuous Interagency Coordination include all communications in document Section 4(f) Evaluation, if applicable Appendices 12

DOT Section 4(f) Publicly owned parks and recreation areas Wildlife and waterfowl refuges Historic properties on or eligible for listing on NRHP Archaeological sites including traditional cultural

13 DOT Section 4(f) Publicly owned parks and recreation areas Wildlife and waterfowl refuges Historic properties on or eligible for listing on NRHP Archaeological sites including traditional cultural properties that are NRHP eligible and important for preservation rather than for data recovery Historic districts Section 4(f) Use FAA may not approve the use of a Section 4(f) property unless: There is no feasible or prudent avoidance alternative to use of the land The action includes all possible planning to minimize harm to the property FAA determines that the use will have a de minimus impact No adverse effect to historic property No adverse effect to activities, features, or attributes to parks, recreation areas, refuges 13

14 Environmental Commitments Why Do We Do It? The consultation process may identify measures to avoid, minimize or mitigate impacts during NEPA. We commit to mitigation measures to support a mitigated FONSI so as to complete the review of potentially significant environmental impacts without preparing an EIS. We commit to mitigation measures considered as alternatives in an EA or EIS so as to achieve an environmentally preferable outcome. Special permit conditions may be identified during the permitting process. Environmental 27 Process Commitment Tracking Identify environmental commitments in NEPA in specific section Agency coordination Permit conditions Consult before Commit Create and document a process for tracking and implementation of commitments Incorporate commitments into design and bid package (i.e. SP) Cross reference commitments with other documents to ensure that they do not contradict Ensure commitments are complied with during construction Follow-up post construction pursuant to permit conditions 14

Environmental Commitments Environmental 29 Process

provide enough detail to substantiate the impact analysis

15 Environmental Commitments Environmental 29 Process Appendices Contents Include the following: Agency coordination (SHPO, USFWS, USACE, etc.) Public involvement (comment letters, notices, hearing transcript, etc.) Executive Summaries of the technical reports that provide enough detail to substantiate the impact analysis Append by Reference the technical reports including: Wetland Delineation Reports Archaeological Surveys Noise Analysis Biological Assessment 15

Can Just Anyone Do IT? Sponsor Consultant including subject matter experts ( NEPA practitioners, wetland scientists, soil scientists, archaeologists, architectural historians, biologists, etc.

16 Can Just Anyone Do IT? Sponsor Consultant including subject matter experts ( NEPA practitioners, wetland scientists, soil scientists, archaeologists, architectural historians, biologists, etc.) ADO Planner ADO Environmental Specialist ADO Project Manager Legal Staff as appropriate CEQ requires that the disciplines of the preparers shall be appropriate to the scope and issues identified in the scoping process. When Should We Do It? CIP is YOUR chart to success in achieving your goals as an airport Full and complete planning study leads to better NEPA 4+ Years prior to construction Determine level of environmental review EA/EIS may need to begin earlier depending upon complexities of project impacts and design 3 Years prior to construction Inventory affected environment Wetland delineations, cultural surveys, architectural surveys) If acquiring land the process may need to begin much earlier 2 Years prior to construction Coordinate EA/CATEX documentation for FAA review and funding 1 Year prior to construction Complete environmental documentation CatEx submitted with the Grant Application December 15 EIS/ROD or EA/FONSI by October 1 to be competitive for discretionary following year Year of construction Secure other environmental approvals/permits Incorporate environmental mitigation/commitment requirements into plans After construction completion Monitor environmental mitigation/commitment requirements 16

is beneficial Field vs. Office Artificial vs.

17 Environmental Studies Timing of field studies in relation to resource and project schedule Based on weather constraints and timing, field work conducted during planning is beneficial Field vs. Office Artificial vs. Natural Cost of Mitigation Construction Monitoring 17

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Keys to Success Clear Writing and Readability NEPA Documents need to be clear, consistent and concise 1970 s EIS average size >1,000 pages 1980 s CEQ issued guidance that EA/EIS should be analytic

graphics, illustrations, call-out boxes to explain technical terms Use Subject Matter Experts as part of the Interdisciplinary Team Documents must be clear, concise, supported, defensible, and fully

depth of knowledge to develop a strong project purpose and need, reasonable range of alternatives, understanding of the environment to conduct the impact analysis, AND communicate clearly to the

20 Keys to Success Clear Writing and Readability NEPA Documents need to be clear, consistent and concise 1970 s EIS average size >1,000 pages 1980 s CEQ issued guidance that EA/EIS should be analytic NOT encyclopedic EIS range from pages EA range from pages Public document to be written at an 8 th grade reading level for general public Define acronyms, terminology, concepts Use graphics, illustrations, call-out boxes to explain technical terms Use Subject Matter Experts as part of the Interdisciplinary Team Documents must be clear, concise, supported, defensible, and fully coordinated PLEASE review the document internally for grammar, clear writing, and NEPA compliance BEFORE sending to Agency for review Keys to Success Project Team Use of an interdisciplinary team depth of knowledge to develop a strong project purpose and need, reasonable range of alternatives, understanding of the environment to conduct the impact analysis, AND communicate clearly to the public Develop comprehensive schedule, milestones, and deadlines including review and revision times Open communication & trust amongst the project team Be active participant in your project Meet regularly 20

21 Questions? Sheri G. Lares, EPS Dakota- Minnesota Office

Environmental Clearance and Next Year s Grant. Los Angeles Airport District Office. Presented by: Brenda Pérez George Buley David Cushing

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