Final FONSI and EA for hot cargo pad on Kirtland AFB - Kirtland Air ...

Appendix A
Applicable Laws, Regulations, Policies, <strong>and</strong> Planning Criteria
When considering the affected environment, the various physical, biological, economic, <strong>and</strong> social
environmental factors must be considered. In addition to the National Environmental Policy Act (NEPA),
there are other environmental laws as well as Executive Orders (EOs) to be considered when preparing
environmental analyses. These laws are summarized below.
NOTE: This is not a complete list of all applicable laws, regulations, policies, <strong>and</strong> planning criteria
potentially applicable to documents, however, it does provide a general summary <strong>for</strong> use as a reference.
General
EO 13423, Strengthening Federal Environmental, Energy, <strong>and</strong> Transportation Management (January 24,
2007 [superseding EO 13123 <strong>and</strong> EO 13149]) directs Federal agencies conduct their activities under the
law in support of their respective missions in an environmentally, economically <strong>and</strong> fiscally sound,
integrated, continuously improving, efficient, <strong>and</strong> sustainable manner. EO 13423 sets several Federal
energy <strong>and</strong> environmental management requirements in areas such as energy efficiency, greenhouse gas
reduction, renewable power, building per<strong>for</strong>mance, water conservation, alternative fuel/hybrid vehicles,
petroleum conservation, alternative fuel, pollution prevention, environmentally sound procurement, <strong>and</strong>
electronics management.
EO 13514, Federal Leadership in Environmental, Energy, <strong>and</strong> Economic Per<strong>for</strong>mance (October 5, 2009)
directs Federal agencies to improve water use efficiency <strong>and</strong> management; implement high per<strong>for</strong>mance
sustainable Federal building design, construction, operation, <strong>and</strong> management; <strong>and</strong> advance regional <strong>and</strong>
local integrated planning by identifying <strong>and</strong> analyzing impacts from energy usage <strong>and</strong> alternative energy
sources. EO 13514 also directs Federal agencies to prepare <strong>and</strong> implement a Strategic Sustainability
Per<strong>for</strong>mance Plan to manage its greenhouse gas emissions, water use, pollution prevention, regional
development <strong>and</strong> transportation planning, <strong>and</strong> sustainable building design; <strong>and</strong> promote sustainability in
its acquisition of goods <strong>and</strong> services. Section 2(g) requires new construction, major renovation, or repair
<strong>and</strong> alteration of buildings to comply with the Guiding Principles <strong>for</strong> Federal Leadership in High
Per<strong>for</strong>mance <strong>and</strong> Sustainable Buildings. The CEQ regulations at 40 CFR 1502.16(e) direct agencies to
consider the energy requirements <strong>and</strong> conservation potential of various alternatives <strong>and</strong> mitigation
measures.
Noise
The Air Installation Compatible Use Zone (AICUZ) Program, (AFI 32-7063), provides guidance to air
bases <strong>and</strong> local communities in planning l<strong>and</strong> uses compatible with airfield operations. The AICUZ
program describes existing aircraft noise <strong>and</strong> flight safety zones on <strong>and</strong> near USAF installations.
A Memor<strong>and</strong>um issued by the Under Secretary of Defense on June 16, 2009, directed all DOD
components to use the 80 Day-Night A-Weighted (DNL) noise contour to identify populations at the most
risk of potential hearing loss in all future environmental impact statements. Per the Memor<strong>and</strong>um, DOD
components will use as a part of the analysis, as appropriate, a calculation of the Potential Hearing Loss
(PHL) of the at risk population. The PHL methodology is defined in U.S. Environmental Protection
Agency (USEPA) Report No. 44/9-82-105, Guidelines <strong>for</strong> Noise Impact Analysis.
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