How to Prepare Your Categorical Exclusion (CATEX) Information and Prepare a Brief Environmental Assessment Presented to: By: Peter F. Ciesla, Environmental Protection Specialist Date:
CATEX Presentation Outline National Environmental Policy Act background New Western-Pacific Region, Airports Division CATEX form Steps in preparing the CATEX information 2 2
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. 3 3
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 4 4
Types of NEPA Review Categorical Exclusion (CATEX) Environmental Assessment (EA) Environmental Impact Statement (EIS) 5 5
Presented to: By: Peter F. Ciesla, Environmental Protection Specialist Date:
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. 7 7
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/ 8 8
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 9 9
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 ad van ce o f th e fu n d in g n eed d ate o r p ro p o sed p ro ject co n stru ctio n sch ed u le. 10 10
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 11 11
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. 12 12
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 p ro vid e listin g s o f C A T E X s p ertain in g to airport actions. C A T E X s ap p ly to actio n s th at F A A h as fo u n d, b ased o n p ast exp erien ce, d o n o t n o rm ally require an EA or EIS. 13 13
Step 2: Review if the Action Identified is o n th e C A T E X L ist (co n t 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. 14 14
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. 15 15
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. 16 16
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 17 17
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. 18 18
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 sp o n so r to d o cu m en t th e A g en cy 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. 19 19
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 20 20
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. 21 21
Questions 22 22
Presentation Outline Brief Environmental Assessment (EA) Background What a Brief EA is and is not Preparing a Brief EA 23 23
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 24 24
EA Content FAA Order 5050.4B, Chapter 7 discusses content. Recommended 15 pages maximum. Council on Environmental Quality (CEQ) F o rty M o st A sked Q u estio n s C o n cern in g C E Q s N E P A R eg u latio n s Q u estio n 36a, ad vises th at E A s b e kep t to n o m o re th an 10-15 pages. 25 25
Brief EA R eco g n itio n th at som e E A s d o n ot n eed th e sam e 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. A lso referred to as a sh o rt fo rm E A 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. 26 26
What a Brief EA is Not Not meant to short cut the environmental regulations and laws. Does not revise the standard EA format 27 27
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 28 28
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. 29 29
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 desktop reference, anticipated by year end. 30 30
EA Format Cover sheet Purpose and Need Proposed Action Alternatives Affected Environment Environmental Consequences Mitigation Cumulative impact analysis Agencies, organizations and persons consulted 31 31
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 32 32
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/ 33 33
Questions 34 34