Guidance for Using the Interactive Tool for Understanding NEPA at General Aviation Airports (2020)

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1 Compliance with the National Environmental Policy Act (NEPA) can be a challenging and time-consuming process that requires a technical knowledge of a broad range of envi- ronmental disciplines. General aviation (GA) airports typically have limited staff resources to cover the wide variety of responsibilities involved in operating, funding, maintaining, and modernizing these facilities. GA airport staff members typically have a broad understand- ing of many issues, but often do not have the time to become experts in NEPA compliance. A NEPA review can be required for any number of activities at the airport; however, under- standing all of the requirements for NEPA compliance (and the underlying special-purpose environmental laws) can be confusing. (The Federal Aviation Administration [FAA] uses the term “Special Purpose Law” to identify a wide range of environmental laws relating to specific environmental resources. Examples include the Clean Air Act [CAA], the Clean Water Act [CWA], and the National Historic Preservation Act, among many others.) The FAA has published extensive guidance through FAA Orders, Desk References, and Standard Operating Procedures (SOPs) to help airports comply with NEPA, but developing an in-depth understanding of these various guidance documents requires considerable time and effort. Given the wide range of responsibilities for the staffs at many GA airports, devoting the time and effort needed to develop expertise in the application of the FAA’s guidance is frequently not possible or realistic. Educating the GA airport operator in NEPA terminology, triggers, process, and possible outcomes (1) can help airport opera- tors to comply with the legal requirements of NEPA and numerous other environmental laws and regulations and (2) may help airport operators to integrate NEPA into the plan- ning and funding process so that projects are not unnecessarily delayed. Project Goals The goal of ACRP Project 02-73 was to develop an interactive tool (the Interactive Tool) to help GA airport operators and staffs determine when NEPA is required, identify the appropriate NEPA process and the steps needed to complete the process, and estimate the time and effort involved for specific types of airport projects. The Interactive Tool will help airport operators work through the NEPA process (using staff resources when possible) or identify situations in which the complexity of the situation or the technical requirements of the analysis require the involvement of subject matter experts (SMEs). The ACRP Project 02-73 Project Statement specified that the research and the Interactive Tool should address the following capabilities: 1. Discussion of NEPA, when it applies, and its integration in the planning process; 2. The steps needed for each level of NEPA review and which steps can be best executed by the airport operator; S U M M A R Y Guidance for Using the Interactive Tool for Understanding NEPA at General Aviation Airports

2 Guidance for Using the Interactive Tool for Understanding NEPA at General Aviation Airports 3. Specific airport project examples from each level of NEPA review reflecting surveyed FAA Regions; 4. Advice on when to consult an expert, what to expect, and how long it may take; 5. Sample scopes of work and expected labor hours required based on the circumstances; 6. Additional resources; and 7. Lessons learned and how issues can be overcome. Findings Development of the Interactive Tool was based on interviews with FAA NEPA practitio- ners, an extensive literature review (which included FAA NEPA Orders and Desk References), and examination of real-life examples through a series of case studies. Key contributions of each research component are summarized below. FAA NEPA Practitioner Interviews The ACRP Project 02-73 research team (the Team) interviewed 20 FAA NEPA practitio- ners, including environmental attorneys, environmental protection specialists, and others, at the Headquarters, Regional, and Airports District Office (ADO) levels. The interviews consisted of seven questions focused on the problems and solutions encountered in review- ing NEPA documents submitted by airport sponsors and/or their consultants, and three follow-on questions about the FAA’s NEPA process in general. The ACRP Project 02-73 Panel (the Panel) reviewed the proposed questions and FAA NEPA practitioners made sug- gestions incorporated in the survey. In responses to questions about the problems encountered in NEPA documents, the respondents most frequently cited a poor or incomplete planning foundation and poor understanding of the FAA’s NEPA implementation instructions as the most common source of problems during the NEPA process to approve airport development projects. The Interactive Tool is not intended to guide the user in formulating a development plan, which requires consideration of many factors beyond those addressed in NEPA. The purpose of the Interactive Tool is to help the user consider various facets of the project and its effects relative to the NEPA process once a specific project has been identified. In addition, several respondents cited poor document quality as a recurring problem. The single most common advice for airport sponsors and/or their consultants was to con- tact the appropriate FAA environmental protection specialist (EPS) early in the process, prior to the initiation of NEPA. The FAA NEPA practitioner interviews helped address capabilities 1, 3, and 7 (i.e., discus- sion of NEPA, when it applies, and its integration in the planning process; steps needed for each level of NEPA review; and lessons learned and how issues can be overcome). Literature Review The Team developed an Annotated Bibliography of more than 150 laws, regulations, guidance documents, data sources, and research tools. The Interactive Tool incorporates the Annotated Bibliography as a database for regulatory guidance and as a source of research tools. This database includes links to relevant sources and, as users go through the project definition and impact assessment phases of the process, the Interactive Tool will prompt users to follow the links to the appropriate guidance or resource.

Summary 3 Only 13% of the documents and resources contained in the Annotated Bibliography spe- cifically address NEPA; most of the remainder address specific environmental resources. The small proportion of NEPA material reflects the fact that NEPA is an “umbrella law,” meaning that compliance with NEPA may also require compliance with 11 special-purpose laws as well as numerous executive orders, regulations, and policies addressing a wide range of specific environmental resources. Examples include the Clean Water Act, the Endangered Species Act, and Executive Order 11988, Floodplain Management. Consis- tent with this observation, most of the effort in developing the Interactive Tool has been devoted to incorporating the processes required to comply with these laws, orders, and regulations. The literature review addresses Capabilities 1, 2, and 6 (i.e., discussion of NEPA, when it applies, and its integration in the planning process; steps needed for each level of NEPA review; and additional resources). Case Studies The Team investigated the NEPA process required to approve 12 airport development projects of various types in various FAA regions. Although case studies cannot represent the entire range of airport development types or environmental interactions, such studies provide an in-depth look at how NEPA and other environmental requirements have been met under specific “real-world” conditions. These case studies show that resource-specific environmental laws and regulations, or special-purpose laws, affect the process. In most cases, compliance with resource-specific regulations typically demanded the most time and effort. These case studies address most directly Capabilities 3 and 7 (i.e., specific airport project examples from each level of NEPA review reflecting surveyed FAA Regions and lessons learned and how issues can be overcome).