The National Environmental Policy Act (NEPA)
What is NEPA?
The National Environmental Policy Act of 1969 (NEPA) was signed into law on January 1, 1970, and is one of the nation’s foundational environmental laws.
NEPA applies to all federal agencies and requires them to consider the environmental effects of their proposed actions before making a decision.
Agencies must disclose a clear description of the potential environmental effects of a proposed action and reasonable alternatives to that action, including taking no action.
NEPA gives the public, agencies, and Tribal Nations an opportunity to review and comment on proposed federal actions before decisions are made.
NEPA does not dictate a particular outcome; it ensures decision makers have complete information about potential environmental impacts before deciding whether a project should move forward.
The level of review depends on how significant a project’s effects could be. The most detailed level of review is an Environmental Impact Statement (EIS).
FAA’s Environmental Impact Statement (EIS) Process
The FAA carries out NEPA in accordance with FAA Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures, and FAA Order 5050.4B, National Environmental Policy Act (NEPA) Implementing Instructions for Airport Actions.
Depending on a project’s potential effects, the FAA prepares a Categorical Exclusion, an Environmental Assessment (EA), or an EIS.
An EIS is required when a federal action may significantly affect the environment and is the most comprehensive level of NEPA review.
An EIS evaluates a reasonable range of alternatives, analyzes potential environmental impacts, and identifies measures to avoid, minimize, or mitigate those impacts.
Key steps include the Notice of Intent (NOI), scoping, the Draft EIS and public comment period, the Final EIS, and the Record of Decision (ROD), which documents the FAA’s decision.
NEPA, as amended by the Fiscal Responsibility Act of 2023, directs that an EIS be completed within two years of the NOI.
Additional details of the EIS Process and Timeline are available here.
NEPA Applicability for the Proposed Project
The City of San Antonio (City), Aviation Department, is proposing the Airfield Safety Enhancement and Improvements Program (ASEIP) at San Antonio International Airport (SAT).
Under the Airport and Airway Improvement Act of 1982 and relevant implementing regulations, the FAA must approve changes to an airport sponsor’s Airport Layout Plan (ALP) before construction activities may begin. Because the FAA must approve changes to SAT’s ALP, the ASEIP is a major federal action subject to NEPA.
In 2024, the City initiated an EA for the Proposed Project. Preliminary analysis indicated that the ASEIP could exceed FAA thresholds of significance for select environmental resource categories, requiring an EIS to be prepared.
As the lead federal agency, the FAA is preparing the EIS. Previous studies and EA analyses will be reviewed, verified, and updated as needed.
The Proposed Project qualifies as an airport capacity enhancement project under 49 U.S.C. § 47171, requiring an expedited, coordinated environmental review across all federal and state agencies with relevant jurisdiction.
The official start of the EIS process begins when the FAA publishes the NOI in the Federal Register, which is anticipated in early 2027.
Early outreach engagement with community leaders and public input are an important components of the EIS process.
The FAA seeks to understand the concerns of communities and the public, so they can be addressed within the scope of analysis. As potential impacts are identified, the EIS team will evaluate appropriate mitigation.