How to Prepare Your Categorical Exclusion CATEX Information and Prepare a Brief Environmental Assess

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How to Prepare Your Categorical Exclusion
(CATEX) Information and Prepare a Brief
Environmental Assessment

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CATEX Presentation Outline

• National Environmental Policy Act background
• New Western-Pacific Region, Airports Division
  CATEX form
• Steps in preparing the CATEX information

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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.

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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

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Types of NEPA Review

• Categorical Exclusion (CATEX)
• Environmental Assessment (EA)
• Environmental Impact Statement (EIS)

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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.

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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/

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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

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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.

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Steps in the CATEX Process

• Define the proposed action
• Review if the action is identified is on the
  CATEX list
• Sponsor conducts extraordinary circumstances
  review
• Provide extraordinary circumstance information to
  FAA
• FAA extraordinary circumstances review
• Comply with any special purpose laws
• FAA issues a CATEX determination

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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.

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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 CATEXs pertaining to airport
  actions.
• CATEXs apply to actions that FAA has found,
  based on past experience, do not normally
  require an EA or EIS.

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Step 2 Review if the Action Identified is on the
CATEX List (contd)

• 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.

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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.

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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.

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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

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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.

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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 Agencys 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.

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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

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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.

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Questions
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Presentation Outline Brief Environmental
Assessment (EA)

• Background
• What a Brief EA is and is not
• Preparing a Brief EA

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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

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EA Content

• FAA Order 5050.4B, Chapter 7 discusses content.
• Recommended 15 pages maximum.
• Council on Environmental Quality (CEQ) Forty
  Most Asked Questions Concerning CEQs NEPA
  Regulations Question 36a, advises that EAs be
  kept to no more than 10-15 pages.

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Brief EA

• Recognition that some EAs 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.

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What a Brief EA is Not

• Not meant to short cut the environmental
  regulations and laws.
• Does not revise the standard EA format

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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

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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.

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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.

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EA Format

• Cover sheet
• Purpose and Need
• Proposed Action
• Alternatives
• Affected Environment
• Environmental Consequences
• Mitigation
• Cumulative impact analysis
• Agencies, organizations and persons consulted

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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, [phone]
• Victor Globa, [phone]

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Helpful Websites

• FAA Environmental Program
• http//www.faa.gov/airports_airtraffic/airports/re
  gional_guidance/western_pacific/environmental/
• FAA Order 1050.1E
• http//www.faa.gov/regulations_policies/orders_not
  ices/media/10501ECHG.pdf
• FAA Order 5050.4B
• http//www.faa.gov/airports_airtraffic/airports/re
  sources/publications/orders/environmental_5050_4/

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Questions