[Federal Register Volume 72, Number 145 (Monday, July 30, 2007)]
[Notices]
[Pages 41565-41580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3695]


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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: Final Notice.

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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\ 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

[[Page 41566]]

(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\ PM2.5 is a subset of PM10 with 
separate standards for each.
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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 Sec.  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, Sec.  93.153(g)(2).
    \9\ Ibid.
    \10\ Title 40 CFR Part 93, Sec.  93.153(h).
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    In this Notice, the Federal Aviation Administration (FAA) is 
identifying a list of actions involving agency approval and financial 
assistance for airport projects that are presumed to conform. The 
benefits of this list 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\ 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 are presumed to conform.

Notification Process for Presumed To Conform

    The notification requirements in the Rule are as follows: \13\
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    \13\ 40 CFR Part 93, Sec.  93.153(h)(1-4).
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    (1) The Federal agency must identify through publication in the 
Federal Register its list of proposed activities that are presumed to 
conform and the basis for the presumptions;
    (2) The Federal agency must notify the appropriate EPA Regional 
Office(s), State and local air quality agencies and, where applicable, 
the agency designated under section 174 of the Act and the metropolitan 
planning organization (MPO) and provide at least 30 days for the public 
to comment on the list of proposed activities presumed to conform;
    (3) The Federal agency must document its response to all the 
comments received and make the comments, response, and final list of 
activities available to the public upon request; and
    (4) The Federal agency must publish the list of such activities in 
the Federal Register.
    In meeting the requirements above, the FAA issued the Draft Notice, 
entitled Federal Presumed to Conform Actions Under General Conformity, 
in the Federal Register of Monday, February 12, 2007 (Vol. 72, No. 28, 
pp. 6641-6656). All of the appropriate organizations were notified and 
encouraged to comment, including EPA Regions, State and local air 
quality agencies, and metropolitan planning organizations.
    A 45-day public comment period was provided for the Draft Federal 
Notice, allowing a few additional weeks for comment beyond the minimum 
30-day notice period. Seven (7) letters were submitted to the FAA. From 
these letters, the FAA identified twenty-nine (29) separate comments to 
which the agency prepared individual written responses. All of the 
letters, comments, and responses are publicly available for review on 
the FAA Office of Airports Web site for environmental programs.
    Based on comments received and follow-up discussions with the EPA, 
the FAA made appropriate revisions to the Federal Register Notice. The 
FAA is completing its notification requirements by publishing the 
completed list of presumed to conform actions in this Final Federal 
Register Notice. The public may obtain further program information or 
review project documentation by contacting the office and person listed 
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) 267-5257.

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

[[Page 41567]]

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 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.\14\
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    \14\ CAA, Section 175A, 42 U.S.C. 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 (USC) or the Federal Transit Act (FTA).\15\ 
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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    \15\ 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 emissions inventory 
as part of the 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.\16\
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    \16\ 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.\17\ 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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    \17\ ``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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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,\18\ 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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    \18\ 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.
     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.

[[Page 41568]]

     General landscaping, erosion control, and grading.

3. 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.

4. 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)]

5. 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 that 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,\19\ 
or preparing and executing related contracts or written agreements. 
Related actions that may be considered exempt from the Rule are:
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    \19\ 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.

6. 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.

7. 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.\20\
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    \20\ 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).\21\ 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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    \21\ FAA Order 1050.1E, chapter 3 (CATEX) and Chapter 4, Sec.  
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.
    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.

[[Page 41569]]

    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.\22\ 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.\23\ 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.\24\
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    \22\ 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.
    \23\ EPA Report 460/3-91-02, November 1991, Nonroad Engine and 
Vehicle Emission Study--Report.
    \24\ 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.\25\ 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 \26\ 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 \27\ 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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    \25\ Calculations of maximum paint volume include consideration 
of construction equipment.
    \26\ Short tons, where one ton equals 2,000 lbs.
    \27\ The limiting pollutant is defined as the criteria pollutant 
that first exceeds de minimis levels for a given project.

BILLING CODE 4910-13-P

[[Page 41570]]

[GRAPHIC] [TIFF OMITTED] TN30JY07.003

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

[[Page 41571]]

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 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.\28\ 
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.
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    \28\ FAA AC 150/5320-6D, September 7, 1995, Airport Pavement 
Design and Evaluation.
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    Most airfield construction projects that are presumed to conform 
involve areas of the airfield, generally referred to as apron areas, 
that accommodate aircraft for purposes of loading or unloading 
passengers or cargo, refueling, or aircraft parking. 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. Taxiway construction projects are limited to 
improvements of existing taxiways that will not affect runway use, 
increase capacity, enable new aircraft types, or change existing 
airfield operations when complete (e.g., new high speed exits would 
represent such a change). Construction projects in this category do not 
include blasting or substantial ``cut and fill'' activity to level the 
terrain or prepare the surface area. If an apron area or taxiway 
project does not meet the conditions as described above, a project 
emissions inventory of direct and indirect emissions is required to 
determine the further applicability of general conformity.
    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.\29\ 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,\30\ and the application of a six-inch layer of Portland cement 
concrete.\31\ 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.\32\ Also included in the construction emissions inventory 
is the installation of a drainage system.
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    \29\ As recommended under FAA AC 150/5320-16, October 22, 1995, 
Airport Pavement Design for the Boeing 777 Airplane.
    \30\ 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.
    \31\ Portland cement is a hydraulic cement made by heating a 
mixture of limestone and clay in a kiln and pulverizing the 
resulting material.
    \32\ 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.\33\ 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.\34\
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    \33\ EPA Report 460/3-91-02, November 1991, Nonroad Engine and 
Vehicle Emission Study-- Report. Table 2-07 Emission Factors.
    \34\ 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 
(e.g., gate electrification) 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

[[Page 41572]]

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 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 concourses for 
improving passenger convenience or administrative use typically 
involves increasing or renovating the interior terminal space, 
including offices, hold rooms, concessions, restrooms, and gate areas. 
Terminal and concourse upgrades do not include new or upgraded heating, 
ventilation, and air conditioning systems, which are covered under a 
separate presumed to conform action (7) because of their 
additional operating emissions.
    Qualifying projects in this category do not include terminal 
replacement projects or 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 further applicability of general conformity.
    Construction vehicles and equipment are the dominant 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,\35\ and their updates.\36\
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    \35\ EPA Report 460/3-91-02, November 1991, Nonroad Engine and 
Vehicle Emission Study--Report.
    \36\ 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.\37\ 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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    \37\ 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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[[Page 41574]]

    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.\38\ 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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    \38\ 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 No. 6 residual) is SO2, while 
particulate matter is the primary pollutant from the combustion of 
coal, including culm fuel. Therefore, NOX, SO2, 
PM2.5, 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.\39\
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    \39\ FAA, 2007, Emissions and Dispersion Modeling System EDMS 
Version 5.0.
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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.\40\ 
NOX emissions in a severe ozone nonattainment area would be 
limited to 907,000 gallons of No. 6 fuel oil (residual), 2,065,000 
gallons of No. 2 fuel oil (diesel), 2,603,000 gallons of propane, 1,515 
short tons of bituminous coal, or 2,777 short tons of anthracite coal 
on an annual basis.
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    \40\ 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.\41\ 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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    \41\ 40 CFR part 93, Sec.  93.153(d)(1).
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[[Page 41576]]


[GRAPHIC] [TIFF OMITTED] TN30JY07.006

BILLING CODE 4910-13-C

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

[[Page 41577]]

operations in existing facilities will not result in the generation of 
air emissions. If the construction and installation of 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.\42\ 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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    \42\ 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.\43\ 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.\44\
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    \43\ 40 CFR Part 93, Sec.  93.153(e).
    \44\ Ibid.
---------------------------------------------------------------------------

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.\45\ RSA improvements are 
presumed to conform unless a new road or the relocation of a road is 
required.
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    \45\ 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.\46\
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    \46\ Per index under 14 CFR Part 139, Sec.  139.319(a)
---------------------------------------------------------------------------

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

[[Page 41578]]

airport low-emission programs over the past several years, which 
provide extensive data and documentation to verify the emission 
reduction benefits of 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.\47\ 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.
---------------------------------------------------------------------------

    \47\ FAA Order 5100.38C, Airport Improvement Program Handbook, 
June 2005, Sec. Sec.  580, 585.
---------------------------------------------------------------------------

14. Air Traffic Control Activities and Adopting Approach, Departure and 
Enroute Procedures for Air Operations

    The preamble to the General Conformity Rule \48\ states that:
---------------------------------------------------------------------------

    \48\ 58 Fed. Reg. 63229 (Nov. 30, 1993).
---------------------------------------------------------------------------

    ``In order to illustrate and clarify that the de minimis levels 
exempt certain types of Federal actions, several de minimis exemptions 
are listed in 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. Because air traffic control 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. 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.
    Project-related aircraft 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.49 50 Therefore, air traffic control actions above the 
mixing height are presumed to conform.
---------------------------------------------------------------------------

    \49\ EPA Report, Procedures for Emission Inventory Preparation, 
Volume IV: Mobile Sources [420R-92-009], section 5.2.2., 1992.
    \50\ 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 indicate 
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.\51\ Such actions in the vicinity of the airport 
are tightly constrained by runway alignment, safety, aircraft 
performance, weather conditions, terrain, and vertical 
obstructions.\52\ Accordingly, air traffic actions below the mixing 
height are also presumed to conform when modifications to routes and 
procedures are designed to enhance operational efficiency (i.e., to 
reduce delay), increase 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.
---------------------------------------------------------------------------

    \51\ 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.
    \52\ 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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    In FAA's experience, airport capacity improvements result from 
market forces in today's deregulated environment that determine where 
airlines fly and how often. These forces lead, for example, to airport 
planning and development of new runway or terminal projects, which are 
large actions that are not presumed to conform and must be evaluated 
further. Limited refinements to terminal air traffic procedures below 
the mixing height typically reduce local emissions as a result of 
improved efficiencies, reduced ground delays, and noise mitigation.

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.\53\ The use and maintenance of CNS systems is essential to 
safe air commerce and national security.\54\ Airports are required to 
establish adequate maintenance systems for navigational aid facilities 
to the level of performance achieved at original commission.\55\
---------------------------------------------------------------------------

    \53\ 14 CFR 171.1-171.51.
    \54\ 14 CFR 169.1(a)
    \55\ 14 CFR Part 171.
---------------------------------------------------------------------------

    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.\56\ 
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.
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    \56\ 58 FR 63229, I(6) (Nov. 30, 1993).
---------------------------------------------------------------------------

    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.\57\
---------------------------------------------------------------------------

    \57\ Consistent with FAA Order 1050.1E, Section 401 ``Actions 
Normally Requiring an Environmental Assessment''.
---------------------------------------------------------------------------

    Also presumed to conform are CNS emergency or standby generators 
powered by natural gas or propane. 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

[[Page 41579]]

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 conform list.'' The 
analysis for presumed to conform actions is considered representative 
of the vast majority of possible airport projects within each category. 
However, FAA employees must consider the appropriateness of applying 
this list, particularly how the proposed project compares to the 
presumed to conform category of projects.\58\
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    \58\ The list must be used carefully because ``[w]here an action 
otherwise presumed to conform under paragraph (f) of this section * 
* * does not in fact meet one of the criteria in paragraph (g)(1) of 
this section, that action shall not be presumed to conform and the 
requirements of Sec.  93.150 and Sec. Sec.  93. 155 through 93.160 
shall apply for the Federal action.'' See 40 CFR Sec.  93.153(j).
---------------------------------------------------------------------------

    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 can use to demonstrate conformity with an 
applicable SIP.
    As part of the process of developing the list of actions presumed 
to conform under 40 CFR 93.153(f), the FAA, in close consultation with 
the EPA, has exercised its discretion to establish separate 
procedures.\59\ FAA established its own procedures for including 
presumed to conform actions in total emissions in determining 
applicability and conformity to avoid segmentation of projects for 
conformity analysis when emissions are reasonably foreseeable. When 
applying the presumed to conform list, the FAA determines whether it is 
dealing with proposed presumed to conform actions that represent one or 
more ``single actions'' or a ``combined action.'' The FAA also 
determines whether the combined action involves multiple connected 
presumed to conform actions or presumed to conform actions that are 
part of a larger project being evaluated under the environmental review 
requirements of the National Environmental Policy Act (NEPA). Below is 
a description of the different actions and procedures.
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    \59\ It is a fair inference from EPA's April 9, 2007 letter to 
FAA that the EPA interprets 40 CFR Sec.  93.153(f) to permit the FAA 
to define total direct and indirect emissions to include presumed to 
conform actions in certain circumstances, notwithstanding 40 CFR 
Sec.  93.152.
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    Single Action. A single action is defined as a presumed to conform 
action that is not connected or dependent on other actions and which is 
determined to have independent utility.\60\ For such actions, 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.
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    \60\ 40 CFR 1506.1(c)(1) and 1508.25(a), Council on 
Environmental Quality, Regulations for Implementing the Procedural 
Provisions of NEPA.
---------------------------------------------------------------------------

    Using the analysis and documentation for this Notice 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. By 
analyzing each project category in the presumed to conform list and 
reporting the findings in the preceding section, the FAA has shown that 
the resulting emissions from each presumed to conform action would 
typically be below the applicable de minimis thresholds.
    Combined Action. A combined action is defined as either: (1) 
Multiple presumed to conform actions that are connected to each other; 
or (2) one or more presumed to conform actions that are connected to 
one or more non-presumed to conform actions being evaluated under the 
environmental review requirements of NEPA (e.g., EA or EIS). The 
Council on Environmental Quality defines ``connected actions'' as 
actions that are closely related involving, for example, interdependent 
parts of a larger action, dependence on a larger action for 
justification, or dependence on other actions taken previously or 
simultaneously.\61\
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    \61\ 40 CFR 1508.25(1).
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    Where there is a combined action, then only one action specified on 
the presumed to conform list may be excluded in calculating total 
direct and indirect emissions. The emissions from all the other actions 
that are not otherwise exempt must be calculated to determine that 
total emissions from the remaining actions.\62\ For example, the FAA 
may undertake a project with several connected actions that must be 
analyzed under NEPA. Several of those actions may individually be 
listed on the presumed to conform list because those actions taken 
alone would typically have emissions below de minimis levels. To 
determine whether such a project requires a conformity determination, 
FAA excludes one presumed to conform action and then prepares an 
applicability analysis for the remaining actions. In other words, FAA 
determines whether the emissions from the combination of actions, less 
one presumed to conform action, equals or exceed de minimis levels or 
assists in demonstrating conformity.
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    \62\ An allowance to this provision is discussed in the 
following paragraph.
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    FAA procedures for combined actions permit FAA to exclude the 
emissions from one presumed to conform action and to prepare an 
applicability analysis, and a conformity determination if necessary, 
based upon the total direct and indirect emissions of the actions that 
are not otherwise exempt.\63\ Thus, in a combined action, the emissions 
from one presumed to conform action may be excluded from the 
calculation of total project emissions. The process could show that 
either the combined action (minus the one excluded presumed to conform 
action) would equal or exceed de minimis thresholds and thus trigger a 
conformity determination, or that the combined action (minus the one 
excluded presumed to conform action) is below de minimis thresholds 
with no further action required. Consequently, the allowance to exclude 
one presumed to conform action could make a difference as to whether a 
conformity determination is needed or whether conformity is 
demonstrated. FAA officials have the authority and responsibility to 
decide which presumed to conform action is excluded if more than one is 
present in a combined action.\64\
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    \63\ Emissions from exempt actions are excluded in accordance 
with 40 CFR 93.152.
    \64\ Requirements and allowances for combined actions are based 
on interagency communications with EPA.
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    The FAA has determined as a matter of policy to implement the 
presumed to conform list with respect to combined actions by balancing 
considerations about project segmentation \65\, connected actions under 
NEPA \66\, and the permitted exclusion of emissions attributable to 
presumed to conform actions under the Rule. With regard to

[[Page 41580]]

the latter, the Rule states in 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.'' Likewise, as stated in the preamble (58 FR 
63233): ``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* * *'' \67\ The FAA applies this definition to exclude 
emissions for single and multiple presumed to conform actions that are 
not connected to one another. FAA procedures for combined actions offer 
a reasonable approach by placing a more conservative limit on the 
permitted exclusion of presumed to conform emissions than 40 CFR 
93.152.
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    \65\ In the preamble to the General Conformity Rule, EPA decided 
not to adopt its initial proposal to permit Federal agencies to use 
the NEPA concept of tiering and analyze actions in a staged manner 
in conducting conformity analyses. EPA explained, among other 
things: ``[T]iering could cause the segmentation of projects for 
conformity analysis, which might provide an overall inaccurate 
estimate of emissions. The segmentation of projects for conformity 
analyses when emissions are reasonably foreseeable is not permitted 
by this rule.'' (58 FR 63240).
    \66\ 40 CFR 1508.7.
    \67\ EPA gives as an example a Federal action that includes 
construction of a new industrial boiler project, that is exempt, and 
a separate office building. The emissions from the hypothetical 
boiler exceed de minimis levels however it is exempt and so the 
emissions are excluded. The emissions from the office building alone 
are below de minimis levels. As a result, the action as a whole does 
not need a conformity determination. (58 Fed. Reg. 63233).
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    Documentation. Documentation requirements for combined actions are 
greater typically than for single actions. On some combined actions, 
the FAA requires that presumed to conform actions be analyzed and 
documented by means of an emissions inventory using the FAA EDMS model 
and related procedures.\68\ This standard modeling methodology is 
project-specific and more refined than the quantification of emissions 
in this Notice and therefore offers greater confirmation in some cases 
that the applicable emissions will not equal or exceed the de minimis 
thresholds.
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    \68\ The primary source of agency air quality procedures and 
analysis requirements is the FAA Air Quality Handbook entitled Air 
Quality Procedures for Civilian Airports and Air Force Bases, FAA 
and USAF, April 1997.
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    Specifically, standard modeling methodology must be used if the 
project includes: (1) One or more presumed to conform actions that are 
connected to non-presumed to conform actions which are being evaluated 
under the environmental review requirements of NEPA; or (2) two or more 
presumed to conform actions are involved which are not supported by 
additional quantification in the Notice (see below). In these cases, 
each presumed to conform action must be modeled and inventoried in the 
same manner and to the same extent as non-presumed to conform actions. 
Moreover, presumed to conform actions must be listed as a separate line 
item in the emissions inventory and clearly explained and presented in 
all related study documentation.
    Consistent with the goal of reducing the analysis burden for 
presumed to conform actions, the Notice may be used in some instances 
to document presumed to conform actions in lieu of the standard 
modeling methodology. Specifically, the Notice may be used if the 
project is a single action or if it is limited to multiple presumed to 
conform actions that are supported in the Notice by additional 
quantification. Presumed to conform actions or categories with 
additional quantification (e.g., data tables) are: Pavement markings; 
pavement monitoring systems; non-runway pavement work; lighting 
systems; terminal and concourse upgrades; new HVAC systems, upgrades, 
and expansions; airport signage; commercial vehicle staging areas; and 
low-emission technology and alternative fuel vehicles.\69\ Also, the 
Notice may be used if all but one of the project's multiple presumed to 
conform actions are supported by additional quantification and the FAA 
excludes, as allowed, the emissions from the one presumed to conform 
action that is not supported by additional quantification.
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    \69\ Documentation for low-emission technology and alternative 
fuel vehicles may be based on the findings of the FAA VALE program 
and its preceding pilot program (ILEAV).
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Regional Significance

    FAA employees must also reflect that they have considered potential 
regional significance, that is, whether the total direct and indirect 
emissions of the pollutants from each presumed to conform action 
represent 10 percent or more of a nonattainment or maintenance area's 
total emissions of that pollutant under 40 CFR 93.153(i).\70\ If 
project emissions are regionally significant on this basis, the FAA 
would be required to prepare a conformity analysis and determination 
for a presumed to conform Federal action.
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    \70\ This section provides that actions specified by individual 
federal agencies that have met applicable criteria and procedures 
are presumed to conform ``except as provided in paragraph (j) of 
this section.'' Paragraph (j) states: ``Where an action otherwise 
presumed to conform under paragraph (f) of this section is a 
regionally significant action * * * that action shall not be 
presumed to conform and the requirements [for a conformity analysis 
and determination] shall apply for the Federal action.''
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    As the FAA indicated in its Draft Notice, strong evidence indicates 
that presumed to conform actions are not likely to be regionally 
significant.\71\ However, the FAA has decided to defer action on this 
aspect of its Draft Notice based upon consultation with the EPA.
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    \71\ 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 (Air Quality Procedures for Civilian 
Airports and Air Force Bases, FAA and USAF, April 1997). This is 
because, based on the highest de minimis threshold level (100 tons 
per year), in order for an action's net 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.

    Issued in Washington, DC on July 24, 2007.
Charles R. Everett, Jr.,
Manager, Planning and Environmental Division, Office of the Associate 
Administrator for Airports.
[FR Doc. 07-3695 Filed 7-25-07; 12:19 pm]
BILLING CODE 4910-13-P