[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Notices]
[Pages 6641-6656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2241]
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DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Federal Presumed to Conform Actions Under General Conformity
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Draft notice; request for comment.
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SUMMARY: The Clean Air Act (CAA) section 176(c), 42 U.S.C. 7506(c) and
Amendments of 1990 \1\ require that all Federal actions conform to an
applicable State Implementation Plan (SIP). The U.S. Environmental
Protection Agency (EPA) has established criteria and procedures for
Federal agencies to use in demonstrating conformity with an applicable
SIP that can be found at 40 CFR 93.150 et.seq. (``The Rule'').
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\1\ Clean Air Act Title I Air Pollution Prevention and Control,
Part D, Subpart 1, Section 176 Limitation on Certain Federal
Assistance.
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The Rule allows Federal agencies to develop a list of actions that
are presumed to conform to a SIP \2\ for the criteria pollutants and
their precursors that are identified in 40 CFR 93.153(b)(1) and (b)(2)
and in the National Ambient Air Quality Standards (NAAQS) under 40 CFR
50.4-50.12.\3\
[[Page 6642]]
The criteria pollutants of concern for local airport air quality are
ozone (O3) and its two major precursors (volatile organic
compounds (VOC) and nitrogen oxides (NOX)), carbon monoxide
(CO), nitrogen dioxide (NO2), sulfur dioxide
(SO2),\4\ and particulate matter consisting of small
particulates with a diameter less than or equal to 2.5 micrometers
(PM2.5) and larger particulates with a diameter of up to 10
micrometers (PM10).\5\
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\2\ 40 CFR Part 93, Sec. 93.153(f).
\3\ NAAQS established by the EPA represent maximum concentration
standards for criteria pollutants to protect human health (primary
standards) and to protect property and aesthetics (secondary
standards).
\4\ FAA calculated SOX is considered equal to
SO2.
\5\ Smaller PM2.5 particulate matter is a subset of
PM10. Levels for PM2.5 are included in the
NAAQS but not yet established for purposes of general conformity (no
de minimis threshold or SIPs). Therefore, references in this Notice
to PM10 also apply to PM2.5 for purposes of
presumed to conform actions.
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According to the Rule,\6\ Federal agencies must meet the criteria
for establishing activities that are presumed to conform by either:
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\6\ 40 CFR Part 93, Sec. 93.153(g).
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(1) Clearly demonstrating that the total of direct and indirect
emissions from the type of activities that would be presumed to conform
would not:
(i) Cause or contribute to any new violation of any standard in any
area;
(ii) Interfere with provisions in the applicable SIP for
maintenance of any standard;
(iii) Increase the frequency or severity of any existing violation
of any standard in any area; or
(iv) Delay timely attainment of any standard or any required
interim emission reductions or other milestones in any area including
emission levels specified in the applicable SIP; \7\ or
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\7\ 40 CFR Part 93, Sec. 93.153(g)(1).
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(2) Providing documentation that emissions from the types of
actions that would be presumed to conform are below the applicable de
minimis levels established in 40 CFR 93.153(b)(1) and (b)(2).\8\ This
documentation may be based on similar actions that the agency has taken
over recent years.\9\ Besides documenting the basis for presumed to
conform activities, Federal agencies must fulfill procedural
requirements under the Rule relating to publication in the Federal
Register, notification to Federal/State/local agencies, opportunity for
public comment, and availability of responses to public comments.\10\
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\8\ Title 40 CFR Part 93, 93.153(g)(2).
\9\ Ibid.
\10\ Title 40 CFR Part 93, 93.153(h).
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In this Notice, the Federal Aviation Administration (FAA) is
proposing categories of actions involving agency approval and financial
assistance for airport projects that would be presumed to conform. The
benefits of this process include the elimination of unnecessary agency
costs associated with evaluating actions with few if any emissions. As
a result, the agency will be able to streamline the environmental
process by applying more of its resources to actions that have the
potential to reach regulated emission levels or adversely impact air
quality.
Addressing the need for efficiency and streamlining, the EPA states
that the provisions allowing Federal agencies to establish categories
of actions that are presumed to conform are ``intended to assure that
these Rules are not overly burdensome and Federal agencies would not
spend undue time assessing actions that have little or no impact on air
quality.'' \11\ Furthermore, the EPA states that ``Federal actions
which are de minimis should not be required by this Rule to make an
applicability analysis. A different interpretation could result in an
extremely wasteful process which generates vast numbers of useless
conformity statements.'' \12\ Consequently, the Rule allows individual
Federal agencies to present categories of actions that have been
documented to be de minimis and, therefore should be ``presumed to
conform'' to the Rule under 40 CFR 93.153(f).
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\11\ 58 FR 63228 (Nov. 30, 1993).
\12\ 12 58 FR 63229 (Nov. 30, 1993).
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This Notice contains a summary of documentation and analysis which
demonstrates that actions described below will not exceed the
applicable de minimis emission levels for nonattainment and maintenance
areas, as specified under 40 CFR 93.153(b). In relation to the agency's
demonstration of presumed to conform actions, the EPA has defined broad
categories of actions in 40 CFR 93.153(c)(2) that are exempt from the
Rule because the actions result in no emissions increase or an increase
in emissions that is clearly de minimis. In this Notice, the FAA
distinguishes various airport-related actions that are exempt under the
Rule from those that the FAA proposes to be presumed to conform.
DATES: Written comments must be received on or before 45 days after the
date of publication in the Federal Register.
ADDRESSES: Address your comments to the individual identified under FOR
FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Dr. Jake A. Plante, Planning and
Environmental Division, Federal Aviation Administration, 800
Independence Avenue, APP-400, SW., Room 616, Office of Airports,
Washington, DC 20591, [email protected], phone (202) 493-4875, fax
(202) 267-8821.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites comments on the following descriptions and
justifications of agency actions that would be presumed to conform. We
will accept comments, data, views, or arguments by letter, fax, or e-
mail. Send your comments to the person identified under FOR FURTHER
INFORMATION CONTACT. Mark your comments, ``Federal Presumed to Conform
Actions under General Conformity.''
Use the following format when preparing comments:
--Organize your comments issue-by-issue.
--For each issue, state what specific change you are requesting to the
proposed policy.
--Include justification, reasons, or data for each change you are
requesting.
The FAA will consider all communications received on or before the
closing date for comments. We will respond by e-mail or other
appropriate means to all comments received. Our responses to public
comments will be documented and made available to the public upon
request through the person identified under FOR FURTHER INFORMATION
CONTACT.
Table of Contents: The major sections of this document are as
follows:
I. Background
II. Existing Exemptions
III. Presumed to Conform Project Descriptions and Justifications
IV. How to Apply Presumed to Conform Actions
I. Background
Under the Rule (40 CFR 93.153(g)(h)), the FAA and other agencies
are entitled to develop a list of proposed actions that are presumed to
conform. The process of establishing presumed to conform
classifications is predicated on the concept of conformity. Conformity
assures that an activity that is presumed to conform does not cause or
contribute to any new violation of the NAAQS or interfere with
provisions contained in applicable SIPS.
The administration and enforcement of conformity regulations are
delegated by the EPA to the individual States through provisions in
each SIP. A SIP is the written plan submitted to the EPA detailing each
State's strategy to control air emissions to meet and maintain the
NAAQS in geographic areas that are designated as nonattainment areas.
The
[[Page 6643]]
EPA requires each State to devise such a plan for each criteria
pollutant causing violations or the EPA will impose a Federal
implementation plan (``FIP'') for the State. When a nonattainment area
achieves compliance with the NAAQS, it becomes a maintenance area for
at least 10 years with ongoing State responsibility to ensure continued
attainment.\13\
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\13\ CAA, Sec. 175A, 42 U.S.C. Sec. 7505a.
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General conformity. General conformity refers to the process of
demonstrating that a general Federal action conforms to the applicable
SIP. A general Federal action is defined more by what it is not, rather
than by what it is. A general Federal action is any Federal action that
is not a Federal ``transportation'' action and consequently not subject
to the conformity requirements established for Federal highway or
transit actions, referred to as ``transportation conformity.'' A
Federal transportation action is an action related to transportation
plans, programs, and projects that are developed, funded, or approved
under Title 23 United States Code (U.S.C.) or the Federal Transit Act
(FTA).\14\ Since FAA actions do not meet the definition of a
transportation action, they are general actions by default and thus
subject to the General Conformity Rule.
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\14\ 49 U.S.C. 1601 et seq.
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The FAA and other Federal agencies subject to general conformity
must make a determination that the Federal action conforms to the SIP's
purpose to meet and maintain the NAAQS before the action is taken. If
the proposed actions are not specifically exempt or classified as
presumed to conform, it is necessary to conduct an applicability
analysis to determine if emissions are likely to equal or exceed the
established screening criteria emission rates known as the de minimis
thresholds. A general conformity determination is required for each
pollutant identified as nonattainment or maintenance when the total of
direct and indirect emissions caused by a Federal action equals or
exceeds any of the applicable de minimis thresholds.\15\
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\15\ 40 CFR Part 93, Sec. 93.153(b).
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FAA airport development actions subject to general conformity. The
FAA is responsible for deciding whether its actions involving an
airport located in a nonattainment or maintenance area require a
general conformity evaluation.\16\ FAA actions that require a
conformity evaluation include unconditional approval of any or all
parts of an airport layout plan (ALP), final Airport Improvement
Program (AIP) grant approvals, and approvals for use of Passenger
Facility Charges (PFCs). Other FAA actions that may require a
conformity evaluation include proposed actions for which an
environmental assessment (EA) or environmental impact statement (EIS)
is prepared under the requirements of the National Environmental Policy
Act.
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\16\ ``Conformity evaluation'' refers to the overall process of
assessing whether an action/project is subject to general conformity
requirements, which may include an applicability analysis needed to
make a conformity determination. See Question 1, EPA and
FAA General Conformity Guidance for Airports: Questions and Answers,
September 25, 2002.
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Notification requirements for establishing a list of presumed to
conform actions. Under procedures prescribed in the Rule, the FAA must
notify the appropriate EPA regional offices, State and local air
quality agencies, and Metropolitan Planning Organizations (MPO).\17\ In
addition, the FAA must publish the proposed list in the Federal
Register, allowing a minimum of 30 days for public comment.\18\ The FAA
is required to document its response to all comments received and to
make these comments and responses available to the public upon
request.\19\ Finally, the FAA must publish its final list of presumed
to conform actions in the Federal Register to complete the process.\20\
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\17\ 40 CFR Part 93, Sec. 93.153(h)(2).
\18\ 40 CFR Part 93, Sec. Sec. 93.153(h)(1)-(2).
\19\ 40 CFR Part 93, Sec. 93.153(h)(3).
\20\ 40 CFR Part 93, Sec. 93.153(h)(4).
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II. Existing Exemptions
For the FAA to provide the proper context and baseline for
identifying and proposing a list of presumed to conform Federal
actions, it is important to consider the extent to which FAA airport-
related actions and activities may qualify for exemption from general
conformity requirements. The EPA has defined broad categories of exempt
actions under 40 CFR 93.153(c)(2) that result in no emissions increase
or increases in emissions that are clearly de minimis. These actions
are not subject to further analysis for applicability, conformity, or
regional significance under the Rule.
As part of this Federal Register Notice, the FAA has interpreted
how the exemptions in the Rule apply to FAA actions associated with
airport facilities and aviation planning. The following discussion
addresses the most relevant examples of these exemptions regarding FAA
actions for airport development.
(1) Rulemaking and Policy Development [40 CFR 93.153(c)(2)(iii)]
The FAA develops rules and policies to address issues of safety,
aviation noise abatement, and systematic improvements to efficiency.
This includes issuance of airport policy and planning documents for the
National Plan of Integrated Airport Systems (NPIAS), the Airport
Capital Improvement Program (ACIP), and Advisory Circulars on planning,
design, and development programs. These documents provide
administrative and technical guidance to the airport community and the
public and are not intended for direct implementation. The actual
process of rulemaking or policy development is typically administrative
in nature and does not cause an increase in air emissions.
(2) Routine Maintenance and Repair Activities [40 CFR 93.153(c)(2)(iv)]
In conformance with FAA standards and regulations, the airport
sponsor must maintain airport facilities and the airfield in a manner
that ensures the safe operation of the airport. These activities
constitute Federal actions when Federal funding from the FAA is
involved. Airport maintenance, repair, removal, replacement, and
installation work that matches the characteristics, size, and function
of a facility as it existed before the replacement or repair activity
typically qualifies as routine maintenance and repair for purposes of
general conformity. Such activity does not increase the capacity of the
airport or change the operational environment of the airport.
The FAA does not consider major runway reconstruction to qualify as
exempt under the Rule if the reconstruction results in a runway that is
hardened, lengthened, or widened to support a larger class of aircraft.
Proposed funding for such a project would require analysis of emission
levels to determine the applicability of general conformity
requirements.
Routine maintenance for existing runways, taxiways, aprons, ramps,
fillets, and airport roadways includes in-kind resurfacing,\21\ re-
marking of existing runways, taxiways, apron areas, etc., and runway
grooving and rubber removal projects. Other areas of routine
replacement, maintenance, and repair work that may be considered exempt
from the Rule include:
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\21\ Depending on numerous factors affecting surface conditions,
airports will generally resurface asphalt runways every 7-10 years.
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Existing signage.
Existing lighting systems.
Existing pavement markings.
[[Page 6644]]
Wind or landing direction indicators.
Existing airport security access control.
Existing buildings and structures.
Existing heating, ventilation, and air conditioning (HVAC)
systems.
Existing infrastructure such as sanitary sewer or
electrical systems.
General landscaping, erosion control, and grading.
(3) The Routine, Recurring Transportation of Materiel and Personnel [40
CFR 93.153(c)(2)(vii)]
The transport of materiel and personnel both within airport
environs and to facilities affiliated with the routine operation of
airports may be considered exempt under the Rule.
(4) Routine Movement of Mobile Assets, Such As * * * Aircraft * * * for
Repair or Overhaul [40 CFR 93.153(c)(2)(viii)]
The movement of aircraft to/from airports with maintenance and test
facilities for repair and overhaul may be considered exempt from the
Rule.
(5) Planning, Studies, and Provisions of Technical Assistance [40 CFR
93.153(c)(2)(xii)]
Planning and information-related actions do not represent
implementation of operational changes at the airport and therefore do
not result in emission increases. Consequently, actions such as those
listed below may be considered exempt from the Rule:
FAA funding and acceptance of Master Plans and Updates
FAA funding of System Planning Studies
FAA acceptance of noise exposure maps and approval of
noise compatibility programs pursuant to 49 U.S.C. 47501 et seq., as
implemented by 14 CFR Part 150
FAA approval of noise and access restrictions on
operations by Stage 3 aircraft under 49 U.S.C. 47524, as implemented by
14 CFR Part 161
(6) Routine Operation of Facilities, Mobile Assets and Equipment [40
CFR 93.153(c)(2)(xiii)]
Normal day-to-day activities that occur at airports, such as
vehicle movements, building operations, and aircraft movements that do
not increase the capacity of the airport or change the operational
environment of the airport may be considered exempt from the Rule.
(7) Transfers of Ownership, Interests, and Titles in Land, Facilities,
and Real and Personal Properties, Regardless of the Form or Method of
the Transfer [40 CFR 93.153(c)(2)(xiv)] and
(8) Actions (or Portions Thereof) Associated With Transfers of Land,
Facilities, Title, and Real Properties Through an Enforceable Contract
or Lease Agreement Where the Delivery of the Deed Is Required To Occur
Promptly After a Specific, Reasonable Condition Is Met, Such as
Promptly After the Land Is Certified as Meeting the Requirements of
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), and Where the Federal Agency Does Not Retain Continuing
Authority To Control Emissions Associated With the Lands, Facilities,
Title, or Real Properties [40 CFR 93.153(c)(2)(xix)]
Actions by the FAA to transfer or acquire land or equipment do not
increase the capacity of the airport or change the operational
environment affecting air emissions. Such actions include funding or
approving transfers, acquisitions, or releases by airport sponsors,
\22\ or preparing and executing related contracts or written
agreements. Related actions that may be considered exempt from the Rule
are:
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\22\ Airport ``sponsors'' are planning agencies, public
agencies, or private airport owners/operators that have the legal
and financial ability to carry out the program requirements for FAA
financial assistance.
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Facilities and equipment purchases.
Land acquisition and relocation assistance.
Land releases for which there is no reasonable expectation
of a change in land use.
Avigation easement acquisition.
Acquisition of an existing privately owned airport
involving only change of ownership.
(9) Alterations and Additions of Existing Structures as Specifically
Required By New or Existing Applicable Environmental Legislation or
Environmental Regulations (e.g., Hush Houses for Aircraft Engines* * *)
[40 CFR 93.153(d)(4)]
Actions that are initiated in response to specific environmental
laws and regulations (e.g., energy efficiency, noise abatement
structures and equipment) may be considered exempt from the Rule. These
actions include:
Equipment purchases.
Protective noise barriers.
Required noise mitigation actions including the
installation and operation of hush houses for aircraft and engine
maintenance.
(10) Federal Actions Which Are Part of a Continuing Response to an
Emergency or Disaster [40 CFR 93.153(d)(2) and (e)]
Actions in response to emergencies, natural disasters, etc., that
involve overriding concerns for public health and welfare, national
security interests, or foreign policy commitments may be exempt from
general conformity requirements for six months and possibly longer if
justified in writing by the agency.\23\
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\23\ Airports located in nonattainment or maintenance areas with
small regional emission budgets may need to check whether a proposed
exempt action might be regionally significant under 40 CFR Part 93,
Sec. 93.153(i).
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III. Presumed to Conform Project Descriptions and Justifications
The FAA began the process of developing and documenting presumed to
conform actions with a detailed environmental survey of airport
projects. The survey was conducted by all FAA regional offices, which
identified approved airport projects over a recent two-year period that
received a categorical exclusion (CATEX) or Finding of No Significant
Impact (FONSI).\24\ This information was requested only for airports
included in areas designated as nonattainment or maintenance by the
EPA. Information compiled from these surveys described about 600
completed projects at over 100 airports.
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\24\ FAA Order 1050.1E, Chapter 3 (CATEX) and Chapter 4, section
406 (FONSI), pursuant to the National Environmental Policy Act.
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The survey information was processed by assigning each airport
planning and development project into one of two categories: (1)
Projects that are exempt from the requirements of the Rule as defined
by 40 CFR 93.153(e); or (2) projects that require an applicability
analysis before being defined as de minimis (i.e., presumed to
conform), according to 40 CFR 93.153(c)(1). Specific information on the
application of these two project categories is presented in Section II
and Section III of this document, respectively.
In the analysis of the survey results, any airport project that
exceeded de minimis levels even once was considered ineligible for the
presumed to conform list. Follow-up communications with airports and
FAA regional representatives helped to clarify terminology and confirm
the reliability of the presumptions. In addition, the FAA performed
detailed worst-case analyses where practicable in areas where project
size and implementation could conceivably result in the exceedance of
de minimis levels.
[[Page 6645]]
The airport project survey data and other agency experience in
implementing similar actions taken over recent years provide the
fundamental basis for all of the presumed to conform classifications.
The FAA conducted additional quantitative analyses for specific project
areas, as practicable. These analyses are summarized in Section III,
and include the following: Pavement markings; terminal upgrades;
commercial vehicle staging areas; non-runway paving; heating,
ventilation, and air conditioning (HVAC) systems; and low-emission
technology and alternative fuel vehicles.
Based on the survey of airport projects, the additional
evaluations, and quantitative analyses, only those project categories
that were proven to be reliably and consistently de minimis were
classified as presumed to conform. In general, FAA presumed to conform
actions involve maintenance, navigation, construction, safety, security
activities, and new technology and vehicle systems that do not modify
or increase airport capacity or change the operational environment of
the airport in such a way as to increase air emissions above de minimis
thresholds.
Presented below are the airport project descriptions and
justifications for FAA actions that are presumed to conform. There are
fifteen project categories, which are discussed in the following order:
1. Pavement Markings.
2. Pavement Monitoring Systems.
3. Non-Runway Pavement Work.
4. Aircraft Gate Areas on Airside.
5. Lighting Systems.
6. Terminal and Concourse Upgrades.
7. New HVAC Systems, Upgrades, and Expansions.
8. Airport Security.
9. Airport Safety.
10. Airport Maintenance Facilities.
11. Airport Signage.
12. Commercial Vehicle Staging Areas.
13. Low-Emission Technology and Alternative Fuel Vehicles.
14. Air Traffic Control Activities and Adopting Approach, Departure
and Enroute Procedures for Air Operations.
15. Routine Installation and Operation of Aviation Navigation Aids.
1. Pavement Markings
Airport sponsors apply paint on paved surfaces, such as runways,
taxiways, apron areas, cargo areas, and parking lots to ensure the safe
operation of aircraft during approach and landing and to provide safe
direction for surface vehicles. Most pavement marking projects are
considered routine maintenance activities, qualifying as exempt from
the Rule (see Section II, number 2 of this Notice). These actions are
designed to restore and improve painted surfaces that have deteriorated
due to time, use, and weather.
Federal actions that alter airport use through new pavement
markings are not routine maintenance but are presumed to conform if
such actions do not increase airport capacity or introduce a larger
class of aircraft at the airport. For example, new runway markings for
improved flight procedures from visual flight rules (VFR) to instrument
flight rules (IFR) are presumed to conform if normal traffic flow is
maintained.
Pollutant emissions due to the paint application process are
primarily composed of VOC from the paint, and NOX emitted
from the trucks and application compressors required to prepare the
surface and apply the paint. Emissions of both VOC and NOX
are considered precursors to the development of ozone in the
atmosphere. Therefore, emissions from the application of painted
pavement markings pertain most importantly to ozone nonattainment and
maintenance areas.
A worst-case calculation of emissions was performed based on
equipment and types of paint required to mark a Category III 13,000-
foot runway with an instrument lighting system (ILS) to FAA
specifications. The calculation of emissions included the removal of
existing markings using water pressure through a compressor mounted on
a diesel truck, a pavement sweeper truck to remove debris, the
application of the paint using an air compressor mounted on a diesel
truck, and a small hand sprayer for detailed markings, such as squared
corners. A total of 2,492 gallons of paint (a combination of white,
yellow, and black) were applied to the representative runway at a rate
of 115 square feet per gallon of paint. The trucks transporting the
paint and compressors were assumed to be similar to a single axle,
Class 7 diesel pickup truck.\25\ The sweeper was assumed to be a
regenerative diesel air power model, using a chassis engine and an
auxiliary engine to power the brushes. Manufacturers' Material Safety
Data Sheets were referenced for the VOC emissions factors for the three
colors of latex paint. Emissions factors for the criteria and precursor
pollutants were obtained from the EPA Nonroad Engine and Vehicle
Emission Study-Report.\26\ Load factors and horsepower ratings were
obtained from the EPA Nonroad Engine and Vehicle Emission Study-Report
and Median Life, Annual Activity, and Load Factor Values for Nonroad
Engine Emissions Modeling.\27\
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\25\ The Gross Vehicle Weight Rating (GVWR) system defines a
Class 7 diesel truck as one that can carry 26,001 to 33,000 pounds
of weight on two axles.
\26\ EPA Report 460/3-91-02, November 1991, Nonroad Engine and
Vehicle Emission Study--Report.
\27\ EPA Report NR-005A, December 9, 1997, revised June 15,
1998, Median Life, Annual Activity, and Load Factor Values for
Nonroad Engine Emissions Modeling.
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The maximum volume of paint that could be applied without equaling
or exceeding the de minimis thresholds for any nonattainment and
maintenance classification was calculated.\28\ For instance, an airport
located within an extreme nonattainment area for ozone is limited to
net project emissions of 10 tons of VOC per year. This translates into
an annual application of 21,890 gallons of paint, which also causes
0.21 tons \29\ of NOX emissions. For example, this volume of
paint would mark eight Category III 13,000-foot ILS runways. A volume
of paint on the order of one million gallons is required to cause
emissions of NOX to equal 10 tons per year. Likewise, a
volume of paint on the order of five million to 176 million gallons is
required in order to be sufficient to exceed the de minimis thresholds
for CO, SO2, or PM10. Therefore, VOCs are the
limiting pollutant \30\ for the application of paint at airports and
emissions of NOX, CO, SO2, and PM10
are considerably less. Table III-1 provides the gallon application
limits, which include the use of construction equipment for pavement
markings in nonattainment and maintenance areas.
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\28\ Calculations of maximum paint volume include consideration
of construction equipment.
\29\ Short tons, where one ton equals 2,000 lbs.
\30\ The limiting pollutant is defined as the criteria pollutant
that first exceeds de minimis levels for a given project.
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BILLING CODE 4910-13-P
[[Page 6646]]
[GRAPHIC] [TIFF OMITTED] TN12FE07.000
BILLING CODE 4910-13-C
2. Pavement Monitoring Systems
Airports have the option of installing a pavement monitoring system
to indicate when the durability and strength of the pavement needs to
be reinforced. These systems are implemented for safety reasons to
ensure that an airport's runway, taxiway, and apron network are
sufficiently able to support the weight of aircraft. Minor construction
work is required for the installation of the monitoring system.
Assuming the installation requires the use of a pickup truck, a utility
truck, an excavator, an asphalt paver, a compactor, and a small
generator, construction would have to proceed continuously (eight hours
per day, 20 days per month) for more than
[[Page 6647]]
a year (1.1 years) in order to produce emissions near the level of 10
tons of NOX. For the remaining criteria pollutants and
precursors, construction on the order of several years would be
required to approach the de minimis thresholds. Pavement monitoring
systems are installed in less than a week; therefore, project
construction emissions are well below de minimis and presumed to
conform.
3. Non-Runway Pavement Work
Airfield pavement must be constructed to withstand the weight of
aircraft and to produce a firm, stable, smooth, year-round, all-weather
surface. The pavement must be of such quality and thickness that it
will not fail under the weight of aircraft and it must possess
sufficient inherent stability to withstand, without damage, the
abrasive action of aircraft traffic and adverse weather conditions.\31\
These pavement specifications apply to non-runway areas of the airfield
where aircraft operate, including taxiways, apron areas, and gate
areas. The specific pavement requirements are satisfied by applying
rigid pavement consisting of layers of crushed stone bound and pressed
into a smooth surface.
Airfield construction projects considered to be presumed to conform
are limited to areas of the airfield intended to accommodate aircraft
for purposes of loading or unloading passengers or cargo, refueling, or
aircraft parking, and are generally referred to as apron areas. These
types of airfield projects do not include projects intended to increase
airport capacity or those that are otherwise defined as routine
maintenance for existing apron areas.
Pollutant emissions due to airfield construction are solely from
the use of construction equipment and are primarily comprised of
NOX, a precursor to ozone development, and CO resulting from
the trucks operated to haul the large amounts of stone and gravel that
must be used to form the support layers for the paving material.
The evaluation of emissions from airfield paving was based on a
representative project in the FAA Eastern Region. The project required
equipment and materials to construct approximately 600,000 square feet
of airfield and concrete shoulder area with an assumed surface design
life of 20 years.\32\ The conservative calculation of emissions
included the preparation of the site allowing for a four-inch
geotextile layer of subgrade soil, a four-inch frost protection layer
of crushed stone, a four-inch sub base layer of finely crushed stone,
an eight-inch base layer of gravel mixed with a stabilizer such as
cement,\33\ and the application of a six-inch layer of Portland cement
concrete.\34\ This type of construction design allows for a total
pavement thickness of 26 inches; the minimum total pavement thickness
for the accommodation of jet aircraft weighing 100,000 pounds or more
is 20 inches.\35\ Also included in the construction emissions inventory
is the installation of a drainage system.
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\31\ FAA AC 150/5320-6D, September 7, 1995, Airport Pavement
Design and Evaluation.
\32\ As recommended under FAA AC 150/5320-16, October 22, 1995,
Airport Pavement Design for the Boeing 777 Airplane.
\33\ Stabilized base layers as necessary for new pavements
designed to accommodate jet aircraft weighting 100,000 pounds or
more. FAA AC 150/5320-6D, September 7, 1995, Airport Pavement Design
and Evaluation.
\34\ Portland cement is a hydraulic cement made by heating a
mixture of limestone and clay in a kiln and pulverizing the
resulting material.
\35\ FAA AC 150/5320-6D, September 7, 1995, Airport Pavement
Design and Evaluation.
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Emissions factors for construction equipment were obtained from the
EPA's 1991 Nonroad Engine and Vehicle Emission Study--Report.\36\ Load
factors and horsepower ratings for the construction equipment were
obtained from the EPA's 1991 Nonroad Engine and Vehicle Emission
Study--Report and the EPA's 1997 Median Life, Annual Activity, and Load
Factor Values for Nonroad Engine Emissions Modeling.\37\
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\36\ EPA Report 460/3-91-02, November 1991, Nonroad Engine and
Vehicle Emission Study--Report. Table 2-07 Emission Factors.
\37\ EPA Report NR-005A, December 9, 1997, revised June 15,
1998, Median Life, Annual Activity, and Load Factor Values for
Nonroad Engine Emissions Modeling.
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The maximum allowable square footage of airfield construction was
calculated for each nonattainment and maintenance category. The
analysis showed that NOX was the limiting pollutant for
airfield paving projects and that emissions of VOC, CO, SO2,
and PM10 are considerably less in comparison with
NOX.
Table III-1 provides the area limits for non-runway airfield
construction in nonattainment and maintenance areas. For instance, an
airport located within an area designed as extreme nonattainment for
ozone, which limits net project emissions to the rate of 10 tons per
year of NOX, is limited to constructing 219,368 square feet
(5.04 acres) of apron area, which also causes 0.93 tons of VOC
emissions. As a reference, four acres is generally sufficient to
provide remote or ``hardstand'' (non-gate) parking for three narrow-
body aircraft. Construction of an airfield/apron area on the order of
2.38 million square feet (54.7 acres) causes emissions of VOC up to 10
tons per project, creating emissions of NOX of approximately
109 tons. New airfield construction on the order of 150 to 600 acres
would be required to exceed the de minimis thresholds for CO,
SO2 and PM10. Generally speaking, emissions of
NOX are on the order of three times the emissions of CO for
these types of projects and are more than 10 times the emissions of the
remaining criteria pollutants.
4. Aircraft Gate Areas on Airside
Aircraft gate areas refer to the area outside of the terminals and
concourses where jetways are used to link parked aircraft to the
terminal building. Federal actions to improve aircraft gate areas can
be part of airport modernization efforts involving new airline tenants
or the introduction of newer and more efficient technology. Aircraft
gate areas involve a wide range of activities from aircraft loading and
unloading of passengers and cargo to the servicing of aircraft by
lavatory, food supply, and maintenance vehicles.
Upgrades to the aircraft gate area are often needed to accommodate
changing flight schedules and daily activity. The addition or
modification of jetways to existing terminal buildings is typically
done to adjust to changes in air travel demand and airline
requirements. Such projects are intended to improve passenger terminal
service by reducing passenger queuing and waiting times. Actions to
approve or fund the upgrading of aircraft gate areas are presumed to
conform provided such actions do not increase aircraft operations or
introduce a larger class of aircraft at the airport.
5. Lighting Systems
Airport sponsors may need to install new lighting systems to
maintain proper illumination of roadways, taxiways, runways, and
parking areas. The data from the FAA surveys indicated that airport
upgrading and installing of new lighting systems is done on an as-
needed basis.
Minor mechanical work is required for the installation effort,
followed by electrical work that does not require large off-road
construction equipment. Assuming the installation requires the use of a
pickup truck, a utility truck, an excavator, and a small generator, the
construction will have to proceed continuously (eight hours a day, 20
days a month) for more than 17 months (1.4 years) in order to produce
emissions near the level of 10 tons of NOX. For the
remaining criteria pollutants and precursors, construction on the order
of
[[Page 6648]]
several years would be required to approach the de minimis thresholds.
Runway and other lighting systems can be installed in less than two
weeks; therefore, project construction emissions are well below de
minimis and presumed to conform.
6. Terminal and Concourse Upgrades
The opportunity to expand or upgrade terminals and/or concourses
for the purpose of improving passenger convenience typically involves
increasing the interior terminal space in areas such as hold rooms,
concessions, restrooms, and gate areas. Qualifying projects in this
category do not have the effect of attracting more passengers. Nor do
they have the effect of increasing the airport's ability to accommodate
additional numbers or types of aircraft or to increase passenger
loading on scheduled flights. Major terminal and/or concourse expansion
projects that are designed to increase passenger usage or to support
increased airfield capacity through new aircraft gates, runways,
taxiways, etc. require an inventory of direct and indirect emissions to
determine the applicability of general conformity.
Construction vehicles and equipment are the only source of
emissions when expanding or upgrading terminals. A conservative
approach to quantifying construction emissions was used to determine
the appropriate limits for this type of activity. The emission limits
are presented in Table III-1 under ``Terminal Upgrades'' according to
the de minimis thresholds.
A proposed terminal expansion project located in the FAA's Southern
Region was used as the representative project. The terminal was
proposed to have an additional footprint of 381,000 square feet. This
proposed project was purposely selected to provide a conservative
estimate of construction emissions normally released from this type
airport improvement activity, even though this presumed to conform
activity is limited to non-capacity enhancing projects. Emissions were
quantified in this case from construction activities, including soil
cement preparation, subgrade preparation, light and heavy demolition,
cement base treatment, installation of the grade aggregate base,
construction of the terminal, light and heavy utility work, and light
and heavy earthwork. In addition, the proposed terminal expansion was
assumed to occur within the same calendar year instead of the proposed
schedule of seven years.
Construction emissions were calculated using prescribed EPA
methodology incorporating the projected construction activity level,
the number of construction vehicles and equipment, and industry-wide
utilization rates. Emission factors for construction vehicles and
equipment were taken from EPA databases for nonroad vehicles and
engines,\38\ and their updates.\39\
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\38\ EPA Report 460/3-91-02, November 1991, Nonroad Engine and
Vehicle Emission Study--Report.
\39\ EPA Report NR-005A, December 9, 1997, revised June 15,
1998, Median Life, Annual Activity, and Load Factor Values for
Nonroad Engine Emissions Modeling.
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A proposed terminal/concourse expansion project is presumed to
conform up to the square foot additions (footprint) of the project as
determined by the most limiting pollutant (see Table III-1). The
prescribed build-out limits per calendar year apply to all components
of the terminal/concourse upgrade project according to the air quality
status of the area in which the project is located.
7. New HVAC Systems, Upgrades, and Expansions
Upgrading and expanding heating, ventilation, and air conditioning
(HVAC) systems are presumed to conform because any emission increases
associated with improvements to airport heating and cooling systems are
generally minor and well below de minimis thresholds.
Heating for airport terminal buildings is typically provided
through a boiler system.\40\ Boilers may be fueled by natural gas, coal
(bituminous, sub-bituminous, or anthracite), No. 5 and No. 6 fuel oil
(residual), No. 2 fuel oil (diesel), culm fuel, and liquefied petroleum
gas (propane or butane). Pollutant emissions due to the operation of
boilers vary with the fuel used. The emission factors for the various
fuels are presented in Table III-2 below.
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\40\ A boiler is an encased vessel that provides a means for
combustion heat to be transferred into water until it becomes steam.
The steam is then used to heat the building through a network of
pipes. When water is boiled into steam its volume increases about
1,600 times, which is an efficient means for transferring heat for a
process. HVACWebTech, Inc.
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A new, upgraded, or expanded boiler system involves the
installation of new equipment to replace or expand the capacity of
existing boiler systems. Boilers can be very large and are sometimes
delivered on flatbed semi-tractor trailer trucks and set in place by a
crane. Table III-3 presents the construction emissions, primarily
NOX and CO, associated with the installation of a large
boiler as described.
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Airport terminals consume energy for heat at a higher rate than
most public buildings. The reasons for this include the open areas
surrounding many airports, heat loss from the movement of people and
baggage in and out of buildings, and the usual 24-hour operation of
facilities. The consumption of energy to generate heat is also
dependent upon the design of the terminal building. For instance, many
airport terminals are designed with exterior glass walls or incorporate
design, art, and architectural treatments that reflect local customs
and community history.\41\ The many variations of airport terminal
design, including geographical location, make it impractical to
identify the ``typical terminal building'' for purposes of determining
total emissions. Therefore, the presumption of conformity could not be
based on the characteristics of the building, but rather on the volume
of fuel consumed.
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\41\ FAA AC 150/5360-13, April 22, 1988, Planning and Design
Guidelines for Airport Terminal Facilities.
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As discussed, emissions resulting from the operation of boilers
depend on the type of fuel powering the boiler system. Emissions from
the use of propane, butane, and natural gas are of concern in ozone
nonattainment and maintenance areas since the primary pollutant from
combustion of these fuels is NOX, a precursor to ozone
formation. Hydrocarbons (HCs) are another precursor to ozone but they
are relatively low for these fuel types in comparison to NOX
emissions. The primary pollutant from the combustion of fuel oil (No. 2
diesel, and No. 5 and
[[Page 6650]]
No. 6 residual) is SO2, while particulate matter is the
primary pollutant from the combustion of coal, including culm fuel).
Therefore, NOX, SO2, and PM10 are the
most likely limiting pollutants for the operation of boiler systems at
airports.
Table III-4 below presents maximum annual fuel throughput for
heating systems and boilers by fuel type at levels that do not equal or
exceed the de minimis thresholds. The FAA Emissions and Dispersion
Modeling System (EDMS) was used to perform the calculations. EDMS
emission factors are conservatively based on EPA's AP-42 emissions
quantification methodology.\42\
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\42\ FAA, 2005, Emissions and Dispersion Modeling System EDMS
Version 4.2.
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The analysis shows, for example, that an airport located in a
severe nonattainment area for ozone, with a de minimis NOX
threshold of 25 tons per year, could operate new or improved boilers
using up to 5.05 million cubic meters of natural gas annually, which is
sufficient to heat a building of approximately 210,000 square feet.\43\
NOX emissions in a severe ozone nonattainment area would be
limited to 3,434 kiloliters (kl) of No. 6 fuel oil (residual), 7,816 kl
of No. 2 fuel oil (diesel), 9,855 kl of propane, 1,374 metric tons of
bituminous coal, or 2,519 metric tons of anthracite coal on an annual
basis.
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\43\ Assuming a 100,000 sq. ft. one-floor building would require
approximately 2.4 million cubic meters of natural gas to heat the
building, annually; based on the industry standard heat value, 1,000
BTU per cubic foot of natural gas, annually [Airtron Heating and Air
Conditioning, Columbus, Ohio].
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The installation, upgrade, or expansion of an airport HVAC system
that requires a permit under new source review (NSR) or prevention of
significant deterioration programs is exempt from a general conformity
determination.\44\ The inclusion of airport boiler installations/
modifications as a presumed to conform activity does not affect
existing or future requirements of Federal, State or local air quality
operating permit programs. Proper compliance with all applicable
environmental regulations must be maintained.
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\44\ 40 CFR Part 93, 93.153(d)(1).
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[[Page 6652]]
[GRAPHIC] [TIFF OMITTED] TN12FE07.003
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8. Airport Security
Based on collected project information and additional agency
experience with airport security actions following the events of
September 11, 2001, the FAA has determined that dedicated security-
related airport projects qualify as presumed to conform actions,
including modification of existing terminals with luggage and passenger
scanning devices, addition of camera surveillance, bolstering of
airport security fencing, and reinforcement of airport access control.
In most cases, the installation of security equipment and upgraded
operations in existing facilities will not result in the generation of
air emissions. If the construction and installation of
[[Page 6653]]
some dedicated security projects do cause emissions, these emissions
will be minor and well below the de minimis thresholds.
Security requirements also may dictate that parking spaces close to
terminal buildings be eliminated.\45\ As a result, FAA actions
associated with the expansion of parking facilities to compensate for
lost close-in parking are presumed to conform provided these actions
are limited to a one-for-one replacement of parking capacity.
Generally, the relocation of parking spaces away from the terminal
building will reduce vehicle miles traveled (VMT) on airport property,
resulting in an emissions decrease.
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\45\ FAA Aviation Security Directive issued February 2002.
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It is important to note that this category of presumed to conform
actions is separate from exempt Federal actions under the Rule that are
part of a continuing response to an emergency or disaster.\46\ Agency
use of the emergency exemption is limited in time and must involve
overriding concerns for public health and welfare, national security
interests, and foreign policy commitments.\47\
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\46\ 40 CFR Part 93, 93.153(e).
\47\ Ibid.
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9. Airport Safety
Airport projects relating to airport safety include actions
specific to the Runway Safety Area (RSA). FAA regulations specify the
requirements for a RSA, which is defined as the surface area that
surrounds and extends beyond the runway ends that is required for
reducing the risk of damage to airplanes in the event of an undershoot,
overshoot, or excursion from the runway.\48\ RSA improvements are
presumed to conform unless a new road or the relocation of a road is
required.
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\48\ FAA AC 150/5300-13, September 29, 1989, Airport Design.
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In addition to a safe airfield, airport projects to build, expand,
replace, upgrade, or equip a required Aircraft Rescue and Firefighting
Facility (ARFF) are presumed to conform. These facilities are
relatively small airport projects and must be provided by the airport
to ensure airport and passenger safety. Airports must meet ARFF
requirements as specified under 14 CFR 139.317, and are responsible for
upgrading an ARFF if there is an increase in the average daily
departures or the length of an air carrier aircraft.\49\
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\49\ Per index under 14 CFR Part 139, 139.319(a).
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10. Airport Maintenance Facilities
Airport maintenance facilities house the equipment necessary to
run, service, and maintain the airport environs. These facilities can
include vehicle service centers, fueling stations, and storage areas
for snow removal and maintenance equipment. FAA actions associated with
upgrading airport-owned maintenance facilities are presumed to conform
based on the fact that these facilities typically require only minor
construction. However, the installation or upgrading of aircraft
maintenance facilities (typically owned by an airline or charter
company) that are used to paint or maintain aircraft at an airport are
not considered presumed to conform because aircraft maintenance
facilities may cause an increase in flights to meet maintenance
schedules.
11. Airport Signage
Airport sponsors place signs throughout the airport property to
direct passengers, employees, and vendors to terminals, parking lots,
rental car areas, maintenance areas, etc. In addition, airports provide
a network of signs to direct aircraft and vehicles on the airfield.
Airport signage is often electrified for illumination at night and for
other times of limited visibility. In general, airport signage
installation can be completed in a matter of days or weeks. It would
require more than a year of continuous installation to exceed the 25-
ton threshold for NOX. Therefore, airport signage
installation projects are presumed to conformed.
12. Commercial Vehicle Staging Areas
Commercial vehicle staging areas at airports serve as temporary
holding areas for taxicabs, limousines, and other commercial vehicles.
Such areas reduce the need to idle at the terminal curb front and help
to decongest the terminal roadways. Airports that employ commercial
vehicle staging areas may enforce specific idling restrictions or
engine-off mandates to further reduce air quality impacts. Generally,
the use of commercial vehicle staging areas is an emissions reduction
strategy because the alternative inherently creates more emissions from
increased traffic and congestion at the terminal.
A Federal action to develop a commercial vehicle staging area for
purposes of relieving airport traffic congestion is presumed to conform
based on the criteria provided in Table III-1 for a ``Commercial
Vehicle Staging Area.'' Providing a commercial vehicle staging area
does not cause an increase in the volume of vehicles on regional
roadways and impacts air quality only through the use of construction
equipment to pave the staging area. Construction emissions are
primarily comprised of NOX and CO.
The quantity of emissions associated with the construction of an
asphalt taxicab staging area was based on a construction design for a
regional asphalt roadway. The calculation of emissions included
activities such as excavation, preparation of the subgrade, adding a
base layer of stone, fine grading, and paving. The paving process
included the application of a tack coat, wearing course, and the final
seal coat. The type and use of construction equipment was determined
based on information obtained from the R.S. Means' Means Building
Construction Cost Data, and the State of Ohio Department of
Transportation's Manual of Procedures for Flexible Pavement
Construction and Pavement Design and Rehabilitation Manual. Rated
horsepower and load factors for each construction unit was obtained
from the EPA's Nonroad Engine and Vehicle Emission Study-Report and
Median Life, Annual Activity, and Load Factor Values for Nonroad Engine
Emissions Modeling, and the Caterpillar Performance Handbook. Emission
factors were obtained from the EPA's Nonroad Engine and Vehicle
Emission Study-Report.
The acreage that could be paved without equaling or exceeding the
de minimis thresholds for each applicable nonattainment or maintenance
category was calculated and summarized in Table III-1. For instance, an
airport located within an area designated as severe nonattainment for
ozone, which limits net project emissions to an annual rate of 25 tons
of NOX, is limited to a commercial vehicle staging area of
about 13 acres, or 561,584 square feet, which results in 2.35 tons of
VOC emissions. Paving of approximately 137 acres is required to cause
emissions of VOC of nearly 25 tons, as established for a severe
nonattainment area for ozone. In order to approach the 100 ton de
minimis thresholds for other criteria pollutants, paving areas of
approximately 140 acres would be required for CO, 556 acres for
SO2, and more than 595 acres for PM10. Therefore,
NOX is the limiting pollutant for paving projects at
airports and emissions of VOC, CO, SO2, and PM10
are considerably less in comparison to NOX.
13. Low-Emission Technology and Alternative Fuel Vehicles
A growing number of airports are interested in new technology and
vehicle systems to reduce stationary and mobile emissions. Based on
agency and airport low-emission programs over the past several years,
which provide extensive data and documentation to verify the emission
reduction benefits of
[[Page 6654]]
new low-emission technology, these activities are presumed to conform.
Activities that are presumed to conform include the replacement,
substitution, or conversion of conventional fuel vehicles (gasoline,
diesel) to vehicles using alternative or clean conventional fuel
technology. Qualified activities also encompass airport low-emission
infrastructure improvements and the use of refueling or recharging
stations needed to service airport low-emission vehicles.
All low-emission activities funded through the FAA Voluntary
Airport Low Emission Program (VALE) or that are required as part of
environmental mitigation are presumed to conform.\50\ The VALE program
requires that vehicles purchased under the program meet specific low-
emission standards and that these vehicles and other program equipment
remain at the airport for their useful life.
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\50\ FAA Order 5100.38C, Airport Improvement Program Handbook,
June 2005, Sec. Sec. 580, 585.
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14. Air Traffic Control Activities and Adopting Approach, Departure and
Enroute Procedures for Air Operations
The preamble to the General Conformity Rule \51\ states that:
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\51\ 58 FR 63229 (Nov. 30, 1993).
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``In order to illustrate and clarify that the de minimis levels
exempt certain types of Federal actions, several de minimis exemptions
are listed in Sec. 51.853(c)(2). There are too many Federal actions
that are de minimis to completely list in either the rule or this
preamble.''
As an illustration of exempt actions, EPA states in the preamble
that ``Air traffic control activities and adopting approach, departure
and enroute procedures for air operations'' are among other actions
that are de minimis (preamble, p. 63229, I(2)) and should be exempt
from the Rule. The FAA concurs with the EPA determination that air
traffic control activities are de minimis. However, because these
activities are cited in the preamble but not in the Rule itself, the
FAA believes that it is prudent to document these activities as
presumed to conform.
Air traffic control activities are defined as actions that promote
the safe, orderly, and expeditious flow of aircraft traffic, including
airport, approach, departure, and enroute air traffic control.\52\
Airspace and air traffic actions (e.g., changes in routes, flight
patterns, and arrival and departure procedures) are implemented to
enhance safety and increase the efficient use of airspace by reducing
congestion, balancing controller workload, and improving coordination
between controllers handling existing air traffic, among other things.
Although increased efficiency and delay reduction would allow traffic
volume to increase, in FAA's experience such actions do not lead to
increased annual aircraft operations or changes to the operational
level of airports in the vicinity of the air traffic changes. In
today's deregulated environment, market forces determine where airlines
fly and how often.
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\52\ 14 CFR Part 170, Sec. 170.3.
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Emissions released into the atmosphere above the inversion base for
pollutant containment, commonly referred to as the ``mixing height,''
(generally 3,000 ft. above ground level) do not have an effect on
pollution concentrations at ground level.\53 54\ Therefore, air traffic
control actions above the mixing height are presumed to conform.
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\53\ EPA Report, Procedures for Emission Inventory Preparation,
Volume IV: Mobile Sources [420-R-92-009], section 5.2.2., 1992.
\54\ Realistic Mixing Depths for Above Ground Aircraft
Emissions, Journal of the Air Pollution Control Association, Vol.
25, No. 10, Howard M. Segal, Boeing, 1975.
---------------------------------------------------------------------------
In addition, the results of FAA research on mixing heights
indicated that changes in air traffic procedures above 1,500 ft. AGL
and below the mixing height would have little if any effect on
emissions and ground concentrations.\55\ Such actions in the vicinity
of the airport are tightly constrained by runway alignment, safety,
aircraft performance, weather conditions, terrain, and vertical
obstructions.\56\ Accordingly, air traffic actions below the mixing
height are also presumed to conform when modifications to routes and
procedures are designed to increase safety, enhance fuel efficiency, or
reduce community noise impacts by means of engine thrust reductions.
Other air traffic procedures and system enhancements that are presumed
to conform include actions that have no effect on air emissions or
result in air quality improvements, such as gate hold procedures which
reduce queuing, idling, and flight delays.
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\55\ Report on ``Consideration of Air Quality Impacts by
Airplane Operations At or Above 3,000 feet AGL,'' FAA-AEE-00-01,
September 2000, p. 5.
\56\ FAA Advisory Circulars No. 25-13 and No. 91-53A describe
requirements that must be met when using reduced power for takeoff.
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15. Routine Installation and Operation of Airport Navigation Aids
Aviation navigation aids represent the facilities and equipment
used for communications, navigation, and surveillance (CNS)
systems.\57\ The use and maintenance of CNS systems is essential to
safe air commerce and national security.\58\ Airports are required to
establish adequate maintenance systems for navigational aid facilities
to the level of performance achieved at original commission.\59\
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\57\ 14 CFR 171.1-171.51.
\58\ 14 CFR 169.1(a)
\59\ 14 CFR Part 171.
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Similar to the previous presumed to conform action for air traffic
control activities, EPA states in the preamble that ``routine
installation and operation of aviation (and maritime) navigation aids''
are below de minimis and should be considered exempt actions.\60\ The
FAA concurs with EPA in this determination. However, because the stated
activities are cited in the preamble but not in the Rule itself, the
FAA believes that it is prudent to document these activities as
presumed to conform.
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\60\ 58 FR 63229, I(6) (Nov. 30, 1993).
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The routine installation, in-kind replacement, and maintenance of
navigational aids (e.g., Air Traffic Control Towers (ATCT), Instrument
Landing Systems (ILS), Approach Light Systems (ALS)) are presumed to
conform because these activities will not generate emissions that
exceed de minimis levels. Moreover, emissions generated by construction
equipment and maintenance vehicles used to transport workers and
equipment to CNS system sites are negligible considering the temporary
nature of construction and maintenance activities and the limited
number of vehicles involved.
If the installation of new or upgraded navigational aids for
improved safety and efficiency also increases the capacity of the
airport or changes the operational environment of the airport, these
CNS activities are not presumed to conform.\61\
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\61\ Consistent with FAA Order 1050.1E, Section 401 ``Actions
Normally Requiring an Environmental Assessment''
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Also presumed to conform are CNS emergency or standby generators
powered by natural gas or LPG. These generators provide electric power
in case of primary power failure and are operated intermittently, with
an estimated total time of operation of less than 100 hours per year.
Because of the infrequent use and small size (135 kilowatts or less) of
the engine generators and the use of clean-burning fuels, the engine
generators produce negligible air emissions.
IV. How To Apply Presumed To Conform Actions
The qualifying project categories discussed in the preceding
section may be referred to as the FAA ``presumed to
[[Page 6655]]
conform list.'' As authorized under the CAA, the list provides an
additional way for the FAA to improve its environmental program
management while still ensuring that agency air quality goals and
requirements are met. Use of the list will reduce review times,
eliminate unnecessary paperwork, clarify analytical requirements for
all project actions, and insure that the proper level of documentation
is applied in each case. Moreover, in some instances, the presumed to
conform list can provide another method that the FAA and airport
sponsors can use to demonstrate conformity with an applicable SIP.
When applying the presumed to conform list, the FAA must determine
whether a proposed presumed to conform action has independent utility
under the National Environmental Policy Act (NEPA) \62\ or whether such
action is part of a combined or larger action that might result in
cumulative air quality impacts.\63\
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\62\ 40 CFR 1506.1(c)(1), Council on Environmental Quality,
Regulations for Implementing the Procedural Provisions of NEPA.
\63\ 40 CFR 1508.25(1)
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The proposed project has independent utility. If a presumed to
conform project has independent utility, no general conformity
evaluation or applicability analysis is required and agency officials
may simply document that the project action is considered presumed to
conform on the basis of this Notice and the applicable project
category.
This allowance meets a major intent of presumed to conform--namely
to reduce the analysis burden for actions that have little or no direct
or indirect emissions. In its separate analysis of each project
category in the presumed to conform list, the FAA has shown that the
resulting emissions from any presumed to conform action would always be
below the applicable de minimis thresholds.\64\
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\64\ The FAA did no evaluate combined emissions from two or more
presumed to conform categories.
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The proposed project is a combined action. If a presumed to conform
action is part of a combined action (e.g., an EIS or large EA
generally), agency officials may exclude the emissions of one presumed
to conform action from the calculation of total direct and indirect
emissions in the applicability analysis and, if required, a general
conformity determination. In combined actions, however, emissions from
the presumed to conform action must be analyzed, quantified, and
clearly documented in the applicability analysis or general conformity
determination if required. Further discussion of this allowance is
provided below.
Combined actions are considered connected actions under NEPA, which
the Council on Environmental Quality (CEQ) defines as actions that are
closely related and that:
--Automatically trigger other actions which may require environmental
impact statements
--Cannot or will not proceed unless other actions are taken previously
or simultaneously
--Are interdependent parts of a larger action and depend on the larger
action for their justification \65\
\65\ 40 CFR 1508.25(1).
Effective implementation of the presumed to conform list requires a
balance between NEPA considerations on connected actions and the
permitted exclusion of presumed to conform emissions under the Rule. As
stated in Sec. 93.152 under Definitions: ``The portion of emissions
which are exempt or presumed to conform under Section 93.153(c), (d),
(e), or (f) are not included in the ``total of direct and indirect
emissions.'' Similarly, the preamble (58 FR 63233) states: ``The final
rule requires the inclusion of the total direct and indirect emissions
in the applicability and conformity determinations, except the portion
of emissions which are exempt or presumed to conform * * *''
The approach adopted herein for the presumed to conform list is
consistent with the Rule and places a conservative limit on the
permitted exclusion of presumed to conform emissions. Moreover, based
on interagency communications with the EPA, the agency's approach
conforms to the EPA's belief that a Federal agency may exclude the
emissions of one presumed to conform action from the applicability
analysis of total direct and indirect emissions that are not otherwise
exempt and from a conformity determination if required. As a result,
even if a combined action includes multiple presumed to conform
actions, the FAA and airport sponsors may only exclude the emissions
from one presumed to conform action vis-[agrave]-vis the project's
total direct and indirect emissions. Agency officials maintain the
right to select the specific presumed to conform action to exclude if
more than one is present in the combined action.
By being able to exclude emissions from a presumed to conform
action, the agency may show that the project's total direct and
indirect emissions that are not otherwise exempt do not equal or exceed
any of the de minimis thresholds in the Rule. The presumed to conform
action could therefore make a difference as to whether or not a general
conformity determination is required. Specifically, the applicability
analysis of total direct and indirect emissions, plus emissions
calculated separately for the presumed to conform action, could show
that the combined action would equal or exceed the de minimis
thresholds if not for the allowable subtraction of emissions from the
presumed to conform action.
In a combined action, the presumed to conform action must be
evaluated similarly and at the same level as other elements in the
overall project. This assessment typically involves the quantification
of direct and indirect emissions on a calendar year basis. The
estimated annual emissions from the presumed to conform action must be
identified as a separate line item in the applicability analysis and
clearly explained and presented in the study documentation.
Regional Significance
Under 40 CFR 93.153(j) of the Rule, a Federal action that is
presumed to conform action may still be subject to a general conformity
determination if the action is shown to be regionally significant.\66\
The purpose of the regionally significant requirement is to capture
those Federal actions that fall below de minimis threshold levels but
still have the potential to impact the air quality of a region.
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\66\ A regionally significant Federal Acton is an action that
has total emissions (the sum of direct and indirect emissions) that
represent 10 percent or more of a nonattainment or maintenance
area's total emissions of that pollutant [40 CFR Part 93, Sec.
93.153(i) and (j)].
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By definition, if the total of direct and indirect emissions of any
pollutant from a Federal action represent 10 percent or more of a
maintenance or nonattainment area's total emissions of that pollutant,
the action is considered to be a regionally significant activity and
the General Conformity Rule applies. If an action in a nonattainment
area is below the thresholds or is otherwise presumed to conform and is
not regionally significant, then the General Conformity Rules does not
apply and no official reporting is required under Section 176(c) of the
CAA.
The FAA Air Quality Handbook states that an airport project that is
presumed to conform is unlikely to have emission levels that are
regionally significant.\67\ This is because, based on the highest de
minimis threshold level (100 tons per year), in order for an action's
net
[[Page 6656]]
emissions to represent 10 percent or more of a maintenance or
nonattainment area's total emissions of a particular pollutant, the
area's total emissions inventory for any pollutant must be less than
1,000 tons, which is unlikely. Based on this rationale, the presumed to
conform activities in this Notice are not considered to be regionally
significant.
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\67\ FAA and USAF, April 1997, Air Quality Procedures for
Civilian Airports & Air Force Bases.
Issued in Washington, DC on February 5, 2007.
Charles R. Everett, Jr.,
Manager, Planning and Environmental Division, Office of the Associate
Administrator for Airports.
[FR Doc. E7-2241 Filed 2-9-07; 8:45 am]
BILLING CODE 4910-13-P