CatExes vs. EAs When and How to Prepare

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Bennett Lindsey
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1 CatExes vs. EAs When and How to Prepare Panel: Steve Culberson, Ricondo & Associates Frank Smigelski, FAA Mary Vigilante, Synergy Tuesday December 10, 2013 Washington, DC 1

2 So you have a project Do I have to comply with NEPA? What type of NEPA documentation is required? Can this project be categorically excluded? Are extraordinary circumstances involved? Does this project normally require an EA (or EIS)? Who can prepare the required documentation? 2

3 Do I have to comply with NEPA? Is there a Federal action? Examples: Approving Federal funding for airport development Approving new public use airport Unconditionally approving Airport Layout Plan Authorizing imposition of passenger facility charge Approving use or transfer of federally-owned land for airport purposes Authorizing release of land for non-aeronautical purposes 3

4 What type of NEPA documentation is required? Three types of NEPA documentation: Categorical Exclusion (CatEx) Environmental Assessment (EA) Environmental Impact Statement (EIS) The Council on Environmental Quality (CEQ) allows Federal agencies to identify actions that, based on past experience with similar actions, do not individually or cumulatively have significant effects on the human environment 4

5 Can the project be categorically excluded? FAA Order E, paragraphs , identifies those actions that FAA has identified as normally not requiring an EA or EIS. For airport sponsors, most projects are covered under paragraphs 307 (administrative/general actions), 309 (equipment and instrumentation) and 310 (facility siting, construction, and maintenance). If all components of the proposed project are identified in these paragraphs, the project is eligible for processing as a Categorical Exclusion But only if no extraordinary circumstances are involved. 5

6 CatEx Process or * See FAA Order E, paragraphs

7 Are extraordinary circumstances involved? Exist when the proposed action may have a significant effect and involve impacts to any one of the following (FAA Order E, paragraph 304): Air quality Coastal resources DOT Act Section 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 Likely to be highly controversial Not consistent with local, state or federal plans and policies Directly, indirectly or cumulatively create a significant impact on the human environment. 7

8 Does the project normally require an EA? FAA Orders E (paragraph 401) and B (paragraph 702) identifies those actions that FAA has identified as normally requiring an EA. Examples: Acquisition of more then 3 acres Establishment of FAA housing, sanitation systems, fuel storage and distribution systems, and power source and distribution systems New or relocated facilities such as air route traffic control centers (ARTCC), airport traffic control towers (ATCT) and off airport radar systems New or relocated instrument landing systems Federal financial participation or unconditional ALP approval: Airport location New runway Major runway extension Runway strengthening that could result in significant offairport noise increases New or revised ATC procedures which routinely route air traffic over noise sensitive areas 8

9 Does the project normally require an EIS? FAA Orders E (paragraph 501) and B (paragrah 903) identifies those actions that FAA has identified as requiring an EIS. Examples: An EA that identifies a significant impact that can t be mitigated below the significance threshold New commercial airport in a Metropolitan Statistical Area (MSA) New runway in an MSA If Action Is Not Categorically Excluded: No Significant Impacts Anticipated Unsure Whether Significant Impacts Exist Significant Impacts Expected/Major Project EA EA or EIS EIS 9

10 What to provide FAA? Documentation that supports the appropriate NEPA-level of analysis Categorical Exclusion Most regions have a CatEx checklist or Extraordinary Circumstances Evaluation form Define Proposed Action Identify which CatEx (FAA Order E) is applicable Document no extraordinary circumstances exist Environmental Assessment 10

11 Who does what? Categorical Exclusion Airport Sponsor: Documentation FAA: Determination that project is categorically excluded Environmental Assessment Airport Sponsor: Documentation FAA: Finding of No Significant Impact Environmental Impact Statement Airport Sponsor: Supporting information FAA: Documentation and Record of Decision Agency Coordination Depends on the agency 11

12 Examples 1. Consolidated Rental Car 2. RNP Approach 3. Hydrant Fueling 4. Concourse Expansion 5. Runway Extension 6. Snow Storage Shed 7. New ATCT Tower 8. Runway Rehabilitation 12

13 Example 1 - CONRAC Airport has 2 acres of land adjacent to the airport perimeter, that when combined with 10 acres of vacant off-airport land available for sale is to be developed as a consolidated rental car facility (CONRAC) Access to what would become the CONRAC is an existing road that connects to the Airport s main entrance roadway Stormwater detention would be required for the CONRAC, but would be tied in with the existing stormwater system No endangered species, wetlands, and no historic sites would be affected The Airport area is non-attainment/maintenance for three pollutants No AIP funding, but PFCs would be used 13

14 Example 2 - RNP The FAA is seeking to implement a Required Navigation Performance (RNP) approach to two runways The approaches are overlays of existing tracks No change to the airport s noise abatement procedures (no change in tracks or runway use) A significant noise impact change will not occur within 65 DNL An increase in population and housing would occur at lower noise levels (<65DNL) RNP would result in a fuel burn savings from track mile savings There is an active watchdog citizen group because of past and ongoing noise concerns 14

15 Example 3 Hydrant Fueling Airport wishes to add Hydrant fueling to its existing gates on the main concourse Currently, fueling is done through tanker trucks Hydrant lines will meet state-of-the-art standard and will connect to the existing storage tanks on the Airport s perimeter. Area is non-attainment for ozone and project would reduce NOx emissions No AIP funding, and airport is not clear if PFCs would be used. 15

16 Example 4 Concourse Exp. The Airport wishes to extend one of its concourses to add 4 gates, boarding area, and concession space. The Airport currently has 47 gates, spread across three concourses Expansion would occur over existing apron area, and the apron would be expanded to serve gates 0.4 acre of wetland would be filled for the expanded apron Area is non-attainment for ozone and carbon monoxide No AIP funding, and unclear if PFCs will be used 16

17 Example 5 - Rwy Extension General aviation airport located in a rural (non-smsa) seeks to extend the their 4,000 ft single runway by 1,000 feet Airport owns land for runway, but would have to acquire 10 acres for approach protection Runway extension would allow more aircraft and larger aircraft to operate at the Airport Runway extension would fill 10 acres of low quality wetland Project would require relocating a major arterial or tunneling the road Area is attainment for all pollutants AIP funding will be used. 17

18 Example 6 Snow Shed Airport acquired 100 acres of nearby residential land due to noise about 10 years ago All residences were demolished, but 2 commercial buildings were retained and used by Airport Airport wishes to demolish one of the commercial buildings and build a snow equipment storage shed The commercial building has been deemed eligible for the national register of historic sites. No AIP, and no PFCs. 18

19 Example 7 New Tower The FAA wishes to build a new air traffic control tower The tower will replace the existing tower that does not allow sufficient space for controllers The new tower site will require displacement of a cargo building A site for the cargo facility has not been identified AIP funding will be pursued 19

20 Example 8 Rwy Rehab The Airport expects to rehab its primary runway over a 12 month period (7 months in 1 year, and 5 months in the following year) During rehab, the runway will be brought up to standards (lights and shoulders) This is one of a three runway airfield Noise during the construction period would produce an average annualized DNL increase of 1.5 to noise sensitive uses in the 65 DNL. AIP and PFC funding would be used. 20

Airport Master Plan Update June 15, 2017

Airport Master Plan Update June 15, 2017 www.harveyfield.com The Master Plan is a 20-year plan to understand the needs of current and future users of the Airport. This is important to ensure that safe