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Federal Register / Vol. 72, No.

145 / Monday, July 30, 2007 / Notices 41565

thereunder,2 a proposed rule change to compliance with the federal securities 4. Report of the Human Resources
amend: (a) Rule 625, Training; (b) law and Exchange rules. Additionally, Committee.
Equity Floor Procedure Advices and updating the language in Exchange Rule FOR FURTHER INFORMATION: Please call
Order & Decorum Regulations, F–30 970 should promote efficiency in TVA Media Relations at (865) 632–6000,
Training; and (c) Options Floor connection with the issuance of Knoxville, Tennessee. Information is
Procedure Advices and Order & citations. also available at TVA’s Washington
Decorum Regulations, F–30 Options It is therefore ordered, pursuant to Office (202) 898–2999. People who plan
Trading Floor Training, to clarify and section 19(b)(2) of the Act,6 that the to attend the meeting and have special
expand the Exchange’s training proposed rule change (SR–Phlx–2007– needs should call (865) 632–6000.
requirements. Specifically, the proposed 16) be, and hereby is, approved. Anyone who wishes to comment on any
rule change expanded the category of For the Commission, by the Division of of the agenda in writing may send their
individuals who are required to attend Market Regulation, pursuant to delegated comments to: TVA Board of Directors,
the mandatory training sessions and the authority.7 Board Agenda Comments, 400 West
training topics covered. Further, the Florence E. Harmon, Summit Hill Drive, Knoxville,
Exchange set forth mandatory training Deputy Secretary. Tennessee 37902.
requirements, which would take place
[FR Doc. E7–14606 Filed 7–27–07; 8:45 am] Dated: July 25, 2007.
on at least a semi-annual basis, for floor
members. The Exchange also proposed BILLING CODE 8010–01–P Maureen H. Dunn,
changes to the language in Rule 970, General Counsel and Secretary.
Floor Procedure Advices: Violations, [FR Doc. 07–3717 Filed 7–26–07; 12:44 pm]
Penalties and Procedures, to delete the TENNESSEE VALLEY AUTHORITY BILLING CODE 8120–08–P
reference to the now-obsolete Market [Meeting No. 07–04]
Surveillance Department and to provide
that any authorized official of the Sunshine Act Meeting
Exchange may sign a citation for a floor DEPARTMENT OF TRANSPORTATION
procedure advice violation. The Time and Date: 9 a.m. (EDT), August
1, 2007, TVA West Tower Auditorium, Federal Aviation Administration
proposal was published for comment in
the Federal Register on June 19, 2007.3 400 West Summit Hill Drive, Knoxville,
Tennessee 37902. Federal Presumed To Conform Actions
The Commission received no comments Under General Conformity
on the proposal. This order approves the Status: Open.
proposed rule change. Agenda AGENCY: Federal Aviation
After careful review of the proposal, Administration (FAA), DOT.
the Commission finds that the proposed Old Business ACTION: Final Notice.
rule change is consistent with the Approval of minutes of May 31, 2007,
requirements of the Act and the rules Board Meeting. SUMMARY: The Clean Air Act (CAA)
and regulations thereunder applicable to section 176(c), 42 U.S.C. 7506(c) and
a national securities exchange.4 In New Business Amendments of 1990 1 require that all
particular, the Commission finds that 1. President’s Report. Federal actions conform to an
the proposal is consistent with section 2. Report of the Finance, Strategy, and applicable State Implementation Plan
6(b)(5) of the Act,5 which requires, Rates Committee. (SIP). The U.S. Environmental
among other things that the rules of an A. Annual budget. Protection Agency (EPA) has established
exchange be designed to prevent B. Customer Items. criteria and procedures for Federal
fraudulent and manipulative acts and i. Time-of-use power supply agencies to use in demonstrating
practices, to promote just and equitable arrangements with a directly-served conformity with an applicable SIP that
principles of trade, to remove customer. can be found at 40 CFR 93.150 et seq.
impediments to and perfect the ii. Real time energy arrangements. (‘‘The Rule’’).
mechanism of a free and open market iii. Implementation of 5-Minute The Rule allows Federal agencies to
and a national market system, and, in Response program. develop a list of actions that are
general, to protect investors and the iv. Interconnection agreements with presumed to conform to a SIP 2 for the
public interest. the cities of Princeton and Paducah, criteria pollutants and their precursors
Expanding the Exchange’s current Kentucky. that are identified in 40 CFR
mandatory training program should v. Limited interruptible power/ 93.153(b)(1) and (b)(2) and in the
provide a means for keeping members Limited firm power. National Ambient Air Quality Standards
and persons employed by or associated C. PURPA determinations. (NAAQS) under 40 CFR 50.4–50.12.3
with such members or member D. Financial trading program The criteria pollutants of concern for
organizations, and Participant modifications. local airport air quality are ozone (O3)
Authorized Users, informed of and 3. Report of the Operations, and its two major precursors (volatile
educated about, among other things, Environment, and Safety organic compounds (VOC) and nitrogen
current rules and regulations and Committee. oxides (NOX)), carbon monoxide (CO),
trading-related Exchange systems, A. Watts Bar Nuclear Plant Unit 2 nitrogen dioxide (NO2), sulfur dioxide
which should enhance member construction and startup.
B. Authorization to purchase a 1 Clean Air Act Title I Air Pollution Prevention
2 17 CFR 240.19b–4. combined cycle generating facility. and Control, Part D, Subpart 1, Section 176
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3 See Securities Exchange Act Release No. 55729 Limitation on Certain Federal Assistance.
C. Amended Board Practice on Fuel,
(June 12, 2007), 72 FR 33797. 2 40 CFR Part 93, § 93.153(f).
4 In approving this proposed rule change, the
Power Purchases or Sales, and
3 NAAQS established by the EPA represent
Commission has considered the proposed rule’s Related Contract Approvals. maximum concentration standards for criteria
impact on efficiency, competition, and capital pollutants to protect human health (primary
formation. See 15 U.S.C. 78c(f). 6 15 U.S.C. 78s(b)(2). standards) and to protect property and aesthetics
5 15 U.S.C. 78f(b)(5). 7 17 CFR 200.30–3(a)(12). (secondary standards).

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41566 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices

(SO2) 4, and particulate matter provisions allowing Federal agencies to activities available to the public upon
consisting of small particulates with a establish categories of actions that are request; and
diameter less than or equal to 2.5 presumed to conform are ‘‘intended to (4) The Federal agency must publish
micrometers (PM2.5) and larger assure that these Rules are not overly the list of such activities in the Federal
particulates with a diameter of up to 10 burdensome and Federal agencies Register.
micrometers (PM10).5 would not spend undue time assessing In meeting the requirements above,
According to the Rule 6, Federal actions that have little or no impact on the FAA issued the Draft Notice,
agencies must meet the criteria for air quality.’’ 11 Furthermore, the EPA entitled Federal Presumed to Conform
establishing activities that are presumed states that ‘‘Federal actions which are de Actions Under General Conformity, in
to conform by either: minimis should not be required by this the Federal Register of Monday,
(1) Clearly demonstrating that the Rule to make an applicability analysis. February 12, 2007 (Vol. 72, No. 28, pp.
total of direct and indirect emissions A different interpretation could result in 6641–6656). All of the appropriate
from the type of activities that would be an extremely wasteful process which organizations were notified and
presumed to conform would not: generates vast numbers of useless encouraged to comment, including EPA
(i) Cause or contribute to any new conformity statements.’’ 12 Regions, State and local air quality
violation of any standard in any area; Consequently, the Rule allows agencies, and metropolitan planning
(ii) Interfere with provisions in the individual Federal agencies to present organizations.
applicable SIP for maintenance of any categories of actions that have been A 45-day public comment period was
standard; documented to be de minimis and, provided for the Draft Federal Notice,
(iii) Increase the frequency or severity allowing a few additional weeks for
therefore should be ‘‘presumed to
of any existing violation of any standard comment beyond the minimum 30-day
conform’’ to the Rule under 40 CFR
in any area; or notice period. Seven (7) letters were
(iv) Delay timely attainment of any 93.153(f).
This Notice contains a summary of submitted to the FAA. From these
standard or any required interim letters, the FAA identified twenty-nine
documentation and analysis which
emission reductions or other milestones (29) separate comments to which the
in any area including emission levels demonstrates that actions described
below will not exceed the applicable de agency prepared individual written
specified in the applicable SIP 7; or responses. All of the letters, comments,
(2) Providing documentation that minimis emission levels for
nonattainment and maintenance areas, and responses are publicly available for
emissions from the types of actions that review on the FAA Office of Airports
would be presumed to conform are as specified under 40 CFR 93.153(b). In
relation to the agency’s demonstration Web site for environmental programs.
below the applicable de minimis levels Based on comments received and
established in 40 CFR § 93.153(b)(1) and of presumed to conform actions, the
EPA has defined broad categories of follow-up discussions with the EPA, the
(b)(2).8 This documentation may be FAA made appropriate revisions to the
based on similar actions that the agency actions in 40 CFR 93.153(c)(2) that are
exempt from the Rule because the Federal Register Notice. The FAA is
has taken over recent years.9 Besides completing its notification requirements
documenting the basis for presumed to actions result in no emissions increase
or an increase in emissions that is by publishing the completed list of
conform activities, Federal agencies presumed to conform actions in this
must fulfill procedural requirements clearly de minimis. In this Notice, the
FAA distinguishes various airport- Final Federal Register Notice. The
under the Rule relating to publication in public may obtain further program
the Federal Register, notification to related actions that are exempt under
the Rule from those that are presumed information or review project
Federal/State/local agencies, documentation by contacting the office
opportunity for public comment, and to conform.
and person listed under ‘‘For Further
availability of responses to public Notification Process for Presumed To Information Contact.’’
In this Notice, the Federal Aviation
Administration (FAA) is identifying a The notification requirements in the Jake A. Plante, Planning and
list of actions involving agency approval Rule are as follows: 13 Environmental Division, Federal
(1) The Federal agency must identify Aviation Administration, 800
and financial assistance for airport
through publication in the Federal Independence Avenue, APP–400, SW.,
projects that are presumed to conform.
Register its list of proposed activities Room 616, Office of Airports,
The benefits of this list include the
that are presumed to conform and the Washington, DC 20591,
elimination of unnecessary agency costs
basis for the presumptions;, phone (202) 493–
associated with evaluating actions with (2) The Federal agency must notify
few if any emissions. As a result, the 4875, fax (202) 267–5257.
the appropriate EPA Regional Office(s),
agency will be able to streamline the State and local air quality agencies and,
Table of Contents
environmental process by applying where applicable, the agency designated The major sections of this document are as
more of its resources to actions that under section 174 of the Act and the follows:
have the potential to reach regulated I. Background
metropolitan planning organization II. Existing Exemptions
emission levels or adversely impact air (MPO) and provide at least 30 days for
quality. III. Presumed To Conform Project
the public to comment on the list of Descriptions and Justifications
Addressing the need for efficiency
proposed activities presumed to IV. How To Apply Presumed To Conform
and streamlining, the EPA states that the Actions
(3) The Federal agency must I. Background
calculated SOX is considered equal to SO2
document its response to all the
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5 PM is a subset of PM10 with separate

comments received and make the Under the Rule (40 CFR 93.153(g)(h)),
standards for each.
6 40 CFR Part 93, § 93.153(g). comments, response, and final list of the FAA and other agencies are entitled
7 40 CFR Part 93, § 93.153(g)(1). to develop a list of proposed actions that
8 Title 40 CFR Part 93, § 93.153(g)(2). 11 58 FR 63228 (Nov. 30, 1993). are presumed to conform. The process
9 Ibid. 12 58 FR 63229 (Nov. 30, 1993). of establishing presumed to conform
10 Title 40 CFR Part 93, § 93.153(h). 13 40 CFR Part 93, § 93.153(h)(1–4). classifications is predicated on the

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Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices 41567

concept of conformity. Conformity nonattainment or maintenance when the Plan of Integrated Airport Systems
assures that an activity that is presumed total of direct and indirect emissions (NPIAS), the Airport Capital
to conform does not cause or contribute caused by a Federal action equals or Improvement Program (ACIP), and
to any new violation of the NAAQS or exceeds any of the applicable de Advisory Circulars on planning, design,
interfere with provisions contained in minimis thresholds.16 and development programs. These
applicable SIPS. documents provide administrative and
The administration and enforcement FAA Airport Development Actions
technical guidance to the airport
of conformity regulations are delegated Subject to General Conformity
community and the public and are not
by the EPA to the individual States The FAA is responsible for deciding intended for direct implementation. The
through provisions in each SIP. A SIP is whether its actions involving an airport actual process of rulemaking or policy
the written plan submitted to the EPA located in a nonattainment or development is typically administrative
detailing each State’s strategy to control maintenance area require a general in nature and does not cause an increase
air emissions to meet and maintain the conformity evaluation.17 FAA actions in air emissions.
NAAQS in geographic areas that are that require a conformity evaluation
designated as nonattainment areas. The include unconditional approval of any 2. Routine Maintenance and Repair
EPA requires each State to devise such or all parts of an airport layout plan Activities [40 CFR 93.153(c)(2)(iv)]
a plan for each criteria pollutant causing (ALP), final Airport Improvement In conformance with FAA standards
violations or the EPA will impose a Program (AIP) grant approvals, and and regulations, the airport sponsor
Federal implementation plan (‘‘FIP’’) for approvals for use of Passenger Facility must maintain airport facilities and the
the State. When a nonattainment area Charges (PFCs). Other FAA actions that airfield in a manner that ensures the
achieves compliance with the NAAQS, may require a conformity evaluation safe operation of the airport. These
it becomes a maintenance area for at include proposed actions for which an activities constitute Federal actions
least 10 years with ongoing State environmental assessment (EA) or when Federal funding from the FAA is
responsibility to ensure continued environmental impact statement (EIS) is involved. Airport maintenance, repair,
attainment.14 prepared under the requirements of the removal, replacement, and installation
National Environmental Policy Act. work that matches the characteristics,
General Conformity size, and function of a facility as it
General conformity refers to the II. Existing Exemptions
existed before the replacement or repair
process of demonstrating that a general For the FAA to provide the proper activity typically qualifies as routine
Federal action conforms to the context and baseline for identifying and maintenance and repair for purposes of
applicable SIP. A general Federal action proposing a list of presumed to conform general conformity. Such activity does
is defined more by what it is not, rather Federal actions, it is important to not increase the capacity of the airport
than by what it is. A general Federal consider the extent to which FAA or change the operational environment
action is any Federal action that is not airport-related actions and activities of the airport.
a Federal ‘‘transportation’’ action and may qualify for exemption from general The FAA does not consider major
consequently not subject to the conformity requirements. The EPA has runway reconstruction to qualify as
conformity requirements established for defined broad categories of exempt exempt under the Rule if the
Federal highway or transit actions, actions under 40 CFR 93.153(c)(2) that reconstruction results in a runway that
referred to as ‘‘transportation result in no emissions increase or is hardened, lengthened, or widened to
conformity.’’ A Federal transportation increases in emissions that are clearly support a larger class of aircraft.
action is an action related to de minimis. These actions are not Proposed funding for such a project
transportation plans, programs, and subject to further analysis for would require analysis of emission
projects that are developed, funded, or applicability, conformity, or regional levels to determine the applicability of
approved under Title 23 United States significance under the Rule. general conformity requirements.
Code (USC) or the Federal Transit Act As part of this Federal Register Routine maintenance for existing
(FTA).15 Since FAA actions do not meet Notice, the FAA has interpreted how the runways, taxiways, aprons, ramps,
the definition of a transportation action, exemptions in the Rule apply to FAA fillets, and airport roadways includes
they are general actions by default and actions associated with airport facilities in-kind resurfacing,18 re-marking of
thus subject to the General Conformity and aviation planning. The following existing runways, taxiways, apron areas,
Rule. discussion addresses the most relevant etc., and runway grooving and rubber
The FAA and other Federal agencies examples of these exemptions regarding removal projects. Other areas of routine
subject to general conformity must make FAA actions for airport development. replacement, maintenance, and repair
a determination that the Federal action 1. Rulemaking and Policy Development work that may be considered exempt
conforms to the SIP’s purpose to meet [40 CFR 93.153(c)(2)(iii)] from the Rule include:
and maintain the NAAQS before the • Existing signage.
The FAA develops rules and policies • Existing lighting systems.
action is taken. If the proposed actions
to address issues of safety, aviation • Existing pavement markings.
are not specifically exempt or classified
as presumed to conform, it is necessary
noise abatement, and systematic • Wind or landing direction
improvements to efficiency. This indicators.
to conduct an emissions inventory as
includes issuance of airport policy and • Existing airport security access
part of the applicability analysis to
planning documents for the National control.
determine if emissions are likely to
• Existing buildings and structures.
equal or exceed the established 16 40
CFR Part 93, § 93.153(b). • Existing heating, ventilation, and
screening criteria emission rates known 17 ‘‘Conformity
evaluation’’ refers to the overall air conditioning (HVAC) systems.
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as the de minimis thresholds. A general process of assessing whether an action/project is • Existing infrastructure such as
conformity determination is required for subject to general conformity requirements, which
sanitary sewer or electrical systems.
each pollutant identified as may include an applicability analysis needed to
make a conformity determination. See Question #1,
EPA and FAA General Conformity Guidance for 18 Depending on numerous factors affecting
14 CAA, Section 175A, 42 U.S.C. 7505a. Airports: Questions and Answers, September 25, surface conditions, airports will generally resurface
15 49 U.S.C. 1601 et seq. 2002. asphalt runways every 7–10 years.

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41568 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices

• General landscaping, erosion • Land releases for which there is no planning and development project into
control, and grading. reasonable expectation of a change in one of two categories: (1) Projects that
land use. are exempt from the requirements of the
3. Planning, Studies, and Provisions of • Avigation easement acquisition. Rule as defined by 40 CFR 93.153(e); or
Technical Assistance [40 CFR • Acquisition of an existing privately (2) projects that require an applicability
93.153(c)(2)(xii)] owned airport involving only change of analysis before being defined as de
Planning and information-related ownership. minimis (i.e., presumed to conform),
actions do not represent 6. Alterations and Additions of Existing according to 40 CFR 93.153(c)(1).
implementation of operational changes Structures as Specifically Required by Specific information on the application
at the airport and therefore do not result New or Existing Applicable of these two project categories is
in emission increases. Consequently, Environmental Legislation or presented in Section II and Section III
actions such as those listed below may Environmental Regulations (e.g., Hush of this document, respectively.
be considered exempt from the Rule: Houses for Aircraft Engines * * *) [40 In the analysis of the survey results,
• FAA funding and acceptance of CFR 93.153(d)(4)] any airport project that exceeded de
Master Plans and Updates. minimis levels even once was
• FAA funding of System Planning Actions that are initiated in response considered ineligible for the presumed
Studies. to specific environmental laws and to conform list. Follow-up
• FAA acceptance of noise exposure regulations (e.g., energy efficiency, noise communications with airports and FAA
maps and approval of noise abatement structures and equipment) regional representatives helped to
compatibility programs pursuant to 49 may be considered exempt from the clarify terminology and confirm the
U.S.C. 47501 et seq., as implemented by Rule. These actions include: reliability of the presumptions. In
14 CFR Part 150. • Equipment purchases. addition, the FAA performed detailed
• Protective noise barriers.
• FAA approval of noise and access • Required noise mitigation actions worst-case analyses where practicable in
restrictions on operations by Stage 3 including the installation and operation areas where project size and
aircraft under 49 U.S.C. 47524, as of hush houses for aircraft and engine implementation could conceivably
implemented by 14 CFR Part 161. maintenance. result in the exceedance of de minimis
4. Transfers of Ownership, Interests, and 7. Federal Actions Which Are Part of a The airport project survey data and
Titles in Land, Facilities, and Real and Continuing Response to an Emergency other agency experience in
Personal Properties, Regardless of the or Disaster [40 CFR 93.153(d)(2) and (e)] implementing similar actions taken over
Form or Method of the Transfer [40 CFR
Actions in response to emergencies, recent years provide the fundamental
natural disasters, etc., that involve basis for all of the presumed to conform
5. Actions (or Portions Thereof) overriding concerns for public health classifications. The FAA conducted
Associated With Transfers of Land, and welfare, national security interests, additional quantitative analyses for
Facilities, Title, and Real Properties or foreign policy commitments may be specific project areas, as practicable.
Through an Enforceable Contract or exempt from general conformity These analyses are summarized in
Lease Agreement Where the Delivery of requirements for six months and Section III, and include the following:
the Deed Is Required To Occur Promptly possibly longer if justified in writing by pavement markings; terminal upgrades;
After a Specific, Reasonable Condition the agency.20 commercial vehicle staging areas; non-
Is Met, Such as Promptly After the Land runway paving; heating, ventilation, and
Is Certified as Meeting the Requirements III. Presumed To Conform Project air conditioning (HVAC) systems; and
of Comprehensive Environmental Descriptions and Justifications low-emission technology and alternative
Response, Compensation and Liability The FAA began the process of fuel vehicles.
Act (CERCLA), and Where the Federal developing and documenting presumed Based on the survey of airport
Agency Does Not Retain Continuing to conform actions with a detailed projects, the additional evaluations, and
Authority To Control Emissions environmental survey of airport quantitative analyses, only those project
Associated With the Lands, Facilities, projects. The survey was conducted by categories that were proven to be
Title, or Real Properties [40 CFR all FAA regional offices, which reliably and consistently de minimis
93.153(c)(2)(xix)] identified approved airport projects over were classified as presumed to conform.
Actions by the FAA to transfer or a recent two-year period that received a In general, FAA presumed to conform
acquire land or equipment that do not categorical exclusion (CATEX) or actions involve maintenance,
increase the capacity of the airport or Finding of No Significant Impact navigation, construction, safety, security
change the operational environment (FONSI).21 This information was activities, and new technology and
affecting air emissions. Such actions requested only for airports included in vehicle systems that do not modify or
include funding or approving transfers, areas designated as nonattainment or increase airport capacity or change the
acquisitions, or releases by airport maintenance by the EPA. Information operational environment of the airport
sponsors,19 or preparing and executing compiled from these surveys described in such a way as to increase air
about 600 completed projects at over emissions above de minimis thresholds.
related contracts or written agreements.
100 airports. Presented below are the airport
Related actions that may be considered
The survey information was project descriptions and justifications
exempt from the Rule are:
processed by assigning each airport for FAA actions that are presumed to
• Facilities and equipment purchases.
conform. There are fifteen project
• Land acquisition and relocation 20 Airports located in nonattainment or
categories, which are discussed in the
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assistance. maintenance areas with small regional emission following order:

budgets may need to check whether a proposed
19 Airport ‘‘sponsors’’ are planning agencies, exempt action might be regionally significant under
1. Pavement Markings.
public agencies, or private airport owners/operators 40 CFR Part 93, § 93.153(i). 2. Pavement Monitoring Systems.
that have the legal and financial ability to carry out 21 FAA Order 1050.1E, chapter 3 (CATEX) and 3. Non-Runway Pavement Work.
the program requirements for FAA financial Chapter 4, § 406 (FONSI), pursuant to the National 4. Aircraft Gate Areas on Airside.
assistance. Environmental Policy Act. 5. Lighting Systems.

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6. Terminal and Concourse Upgrades. Emissions of both VOC and NOX are Load factors and horsepower ratings
7. New HVAC Systems, Upgrades, and considered precursors to the were obtained from the EPA Nonroad
Expansions. development of ozone in the Engine and Vehicle Emission Study-
8. Airport Security. atmosphere. Therefore, emissions from Report and Median Life, Annual
9. Airport Safety. the application of painted pavement Activity, and Load Factor Values for
10. Airport Maintenance Facilities. markings pertain most importantly to Nonroad Engine Emissions Modeling.24
11. Airport Signage. ozone nonattainment and maintenance
12. Commercial Vehicle Staging The maximum volume of paint that
areas. could be applied without equaling or
13. Low-Emission Technology and A worst-case calculation of emissions exceeding the de minimis thresholds for
Alternative Fuel Vehicles. was performed based on equipment and any nonattainment and maintenance
14. Air Traffic Control Activities and types of paint required to mark a classification was calculated.25 For
Adopting Approach, Departure and Category III 13,000-foot runway with an instance, an airport located within an
Enroute Procedures for Air Operations. instrument lighting system (ILS) to FAA extreme nonattainment area for ozone is
15. Routine Installation and Operation specifications. The calculation of limited to net project emissions of 10
of Aviation Navigation Aids. emissions included the removal of tons of VOC per year. This translates
existing markings using water pressure into an annual application of 21,890
1. Pavement Markings through a compressor mounted on a gallons of paint, which also causes 0.21
Airport sponsors apply paint on diesel truck, a pavement sweeper truck tons 26 of NOX emissions. For example,
paved surfaces, such as runways, to remove debris, the application of the this volume of paint would mark eight
taxiways, apron areas, cargo areas, and paint using an air compressor mounted Category III 13,000-foot ILS runways. A
parking lots to ensure the safe operation on a diesel truck, and a small hand volume of paint on the order of one
of aircraft during approach and landing sprayer for detailed markings, such as million gallons is required to cause
and to provide safe direction for surface squared corners. A total of 2,492 gallons emissions of NOX to equal 10 tons per
vehicles. Most pavement marking of paint (a combination of white, year. Likewise, a volume of paint on the
projects are considered routine yellow, and black) were applied to the order of five million to 176 million
maintenance activities, qualifying as representative runway at a rate of 115 gallons is required in order to be
exempt from the Rule (see Section II, square feet per gallon of paint. The sufficient to exceed the de minimis
number 2 of this Notice). These actions trucks transporting the paint and thresholds for CO, SO2, or PM10.
are designed to restore and improve compressors were assumed to be similar Therefore, VOCs are the limiting
painted surfaces that have deteriorated to a single axle, Class 7 diesel pickup pollutant 27 for the application of paint
due to time, use, and weather. truck.22 The sweeper was assumed to be at airports and emissions of NOX, CO,
Federal actions that alter airport use a regenerative diesel air power model, SO2, and PM10 are considerably less.
through new pavement markings are not using a chassis engine and an auxiliary Table III–1 provides the gallon
routine maintenance but are presumed engine to power the brushes. application limits, which include the
to conform if such actions do not Manufacturers’ Material Safety Data use of construction equipment for
increase airport capacity or introduce a Sheets were referenced for the VOC pavement markings in nonattainment
larger class of aircraft at the airport. For emissions factors for the three colors of and maintenance areas.
example, new runway markings for latex paint. Emissions factors for the BILLING CODE 4910–13–P
improved flight procedures from visual criteria and precursor pollutants were
flight rules (VFR) to instrument flight obtained from the EPA Nonroad Engine 24 EPA Report NR–005A, December 9, 1997,
rules (IFR) are presumed to conform if and Vehicle Emission Study-Report.23 revised June 15, 1998, Median Life, Annual Activity,
normal traffic flow is maintained. and Load Factor Values for Nonroad Engine
Pollutant emissions due to the paint 22 The Gross Vehicle Weight Rating (GVWR) Emissions Modeling.
25 Calculations of maximum paint volume
application process are primarily system defines a Class 7 diesel truck as one that can
carry 26,001 to 33,000 pounds of weight on two include consideration of construction equipment.
composed of VOC from the paint, and
axles. 26 Short tons, where one ton equals 2,000 lbs.
NOX emitted from the trucks and 23 EPA Report 460/3–91–02, November 1991, 27 The limiting pollutant is defined as the criteria
application compressors required to Nonroad Engine and Vehicle Emission Study— pollutant that first exceeds de minimis levels for a
prepare the surface and apply the paint. Report. given project.
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BILLING CODE 4910–13–C 2. Pavement Monitoring Systems indicate when the durability and
strength of the pavement needs to be
Airports have the option of installing reinforced. These systems are
a pavement monitoring system to

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implemented for safety reasons to and fill’’ activity to level the terrain or Activity, and Load Factor Values for
ensure that an airport’s runway, prepare the surface area. If an apron area Nonroad Engine Emissions Modeling.34
taxiway, and apron network are or taxiway project does not meet the The maximum allowable square
sufficiently able to support the weight of conditions as described above, a project footage of airfield construction was
aircraft. Minor construction work is emissions inventory of direct and calculated for each nonattainment and
required for the installation of the indirect emissions is required to maintenance category. The analysis
monitoring system. Assuming the determine the further applicability of showed that NOX was the limiting
installation requires the use of a pickup general conformity. pollutant for airfield paving projects and
truck, a utility truck, an excavator, an Pollutant emissions due to airfield that emissions of VOC, CO, SO2, and
asphalt paver, a compactor, and a small construction are solely from the use of PM10 are considerably less in
generator, construction would have to construction equipment and are comparison with NOX.
proceed continuously (eight hours per primarily comprised of NOX, a Table III–1 provides the area limits for
day, 20 days per month) for more than precursor to ozone development, and non-runway airfield construction in
a year (1.1 years) in order to produce CO resulting from the trucks operated to nonattainment and maintenance areas.
emissions near the level of 10 tons of haul the large amounts of stone and For instance, an airport located within
NOX. For the remaining criteria gravel that must be used to form the an area designed as extreme
pollutants and precursors, construction support layers for the paving material. nonattainment for ozone, which limits
on the order of several years would be net project emissions to the rate of 10
required to approach the de minimis The evaluation of emissions from
tons per year of NOX, is limited to
thresholds. Pavement monitoring airfield paving was based on a
constructing 219,368 square feet (5.04
systems are installed in less than a representative project in the FAA
acres) of apron area, which also causes
week; therefore, project construction Eastern Region. The project required
0.93 tons of VOC emissions. As a
emissions are well below de minimis equipment and materials to construct
reference, four acres is generally
and presumed to conform. approximately 600,000 square feet of
sufficient to provide remote or
airfield and concrete shoulder area with
3. Non-Runway Pavement Work ‘‘hardstand’’ (non-gate) parking for three
an assumed surface design life of 20
narrow-body aircraft. Construction of an
Airfield pavement must be years.29 The conservative calculation of
airfield/apron area on the order of 2.38
constructed to withstand the weight of emissions included the preparation of
million square feet (54.7 acres) causes
aircraft and to produce a firm, stable, the site allowing for a four-inch
emissions of VOC up to 10 tons per
smooth, year-round, all-weather surface. geotextile layer of subgrade soil, a four-
project, creating emissions of NOX of
The pavement must be of such quality inch frost protection layer of crushed
approximately 109 tons. New airfield
and thickness that it will not fail under stone, a four-inch sub base layer of
construction on the order of 150 to 600
the weight of aircraft and it must finely crushed stone, an eight-inch base
acres would be required to exceed the
possess sufficient inherent stability to layer of gravel mixed with a stabilizer
de minimis thresholds for CO, SO2 and
withstand, without damage, the abrasive such as cement,30 and the application of
PM10. Generally speaking, emissions of
action of aircraft traffic and adverse a six-inch layer of Portland cement
NOX are on the order of three times the
weather conditions.28 These pavement concrete.31 This type of construction
emissions of CO for these types of
specifications apply to non-runway design allows for a total pavement
projects and are more than 10 times the
areas of the airfield where aircraft thickness of 26 inches; the minimum
emissions of the remaining criteria
operate, including taxiways, apron total pavement thickness for the
areas, and gate areas. The specific accommodation of jet aircraft weighing
pavement requirements are satisfied by 100,000 pounds or more is 20 inches.32 4. Aircraft Gate Areas on Airside
applying rigid pavement consisting of Also included in the construction Aircraft gate areas refer to the area
layers of crushed stone bound and emissions inventory is the installation outside of the terminals and concourses
pressed into a smooth surface. of a drainage system. where jetways are used to link parked
Most airfield construction projects Emissions factors for construction aircraft to the terminal building. Federal
that are presumed to conform involve equipment were obtained from the actions to improve aircraft gate areas
areas of the airfield, generally referred to EPA’s 1991 Nonroad Engine and (e.g., gate electrification) can be part of
as apron areas, that accommodate Vehicle Emission Study—Report.33 Load airport modernization efforts involving
aircraft for purposes of loading or factors and horsepower ratings for the new airline tenants or the introduction
unloading passengers or cargo, construction equipment were obtained of newer and more efficient technology.
refueling, or aircraft parking. These from the EPA’s 1991 Nonroad Engine Aircraft gate areas involve a wide range
types of airfield projects do not include and Vehicle Emission Study—Report of activities from aircraft loading and
projects intended to increase airport and the EPA’s 1997 Median Life, Annual unloading of passengers and cargo to the
capacity or those that are otherwise
servicing of aircraft by lavatory, food
defined as routine maintenance for 29 As recommended under FAA AC 150/5320–16,
supply, and maintenance vehicles.
existing apron areas. Taxiway October 22, 1995, Airport Pavement Design for the Upgrades to the aircraft gate area are
construction projects are limited to Boeing 777 Airplane.
30 Stabilized base layers as necessary for new often needed to accommodate changing
improvements of existing taxiways that
pavements designed to accommodate jet aircraft flight schedules and daily activity. The
will not affect runway use, increase weighting 100,000 pounds or more. FAA AC 150/ addition or modification of jetways to
capacity, enable new aircraft types, or 5320–6D, September 7, 1995, Airport Pavement existing terminal buildings is typically
change existing airfield operations when Design and Evaluation.
done to adjust to changes in air travel
complete (e.g., new high speed exits 31 Portland cement is a hydraulic cement made by
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heating a mixture of limestone and clay in a kiln demand and airline requirements. Such
would represent such a change).
and pulverizing the resulting material. projects are intended to improve
Construction projects in this category do 32 FAA AC 150/5320–6D, September 7, 1995,
not include blasting or substantial ‘‘cut Airport Pavement Design and Evaluation. 34 EPA Report NR–005A, December 9, 1997,
33 EPA Report 460/3–91–02, November 1991, revised June 15, 1998, Median Life, Annual
28 FAA AC 150/5320–6D, September 7, 1995, Nonroad Engine and Vehicle Emission Study— Activity, and Load Factor Values for Nonroad
Airport Pavement Design and Evaluation. Report. Table 2–07 Emission Factors. Engine Emissions Modeling.

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passenger terminal service by reducing types of aircraft or to increase passenger A proposed terminal/concourse
passenger queuing and waiting times. loading on scheduled flights. Major expansion project is presumed to
Actions to approve or fund the terminal and/or concourse expansion conform up to the square foot additions
upgrading of aircraft gate areas are projects that are designed to increase (footprint) of the project as determined
presumed to conform provided such passenger usage or to support increased by the most limiting pollutant (see Table
actions do not increase aircraft airfield capacity through new aircraft III–1). The prescribed build-out limits
operations or introduce a larger class of gates, runways, taxiways, etc. require an per calendar year apply to all
aircraft at the airport. inventory of direct and indirect components of the terminal/concourse
emissions to determine the further upgrade project according to the air
5. Lighting Systems
applicability of general conformity.
Airport sponsors may need to install quality status of the area in which the
Construction vehicles and equipment
new lighting systems to maintain proper are the dominant source of emissions project is located.
illumination of roadways, taxiways, when expanding or upgrading 7. New HVAC Systems, Upgrades, and
runways, and parking areas. The data terminals. A conservative approach to Expansions
from the FAA surveys indicated that quantifying construction emissions was
airport upgrading and installing of new used to determine the appropriate limits Upgrading and expanding heating,
lighting systems is done on an as- for this type of activity. The emission ventilation, and air conditioning
needed basis. limits are presented in Table III–1 under (HVAC) systems are presumed to
Minor mechanical work is required ‘‘Terminal Upgrades’’ according to the conform because any emission increases
for the installation effort, followed by de minimis thresholds. associated with improvements to airport
electrical work that does not require A proposed terminal expansion heating and cooling systems are
large off-road construction equipment. project located in the FAA’s Southern generally minor and well below de
Assuming the installation requires the Region was used as the representative minimis thresholds.
use of a pickup truck, a utility truck, an project. The terminal was proposed to
excavator, and a small generator, the have an additional footprint of 381,000 Heating for airport terminal buildings
construction will have to proceed square feet. This proposed project was is typically provided through a boiler
continuously (eight hours a day, 20 days purposely selected to provide a system.37 Boilers may be fueled by
a month) for more than 17 months (1.4 conservative estimate of construction natural gas, coal (bituminous, sub-
years) in order to produce emissions emissions normally released from this bituminous, or anthracite), No. 5 and
near the level of 10 tons of NOX. For the type airport improvement activity, even No. 6 fuel oil (residual), No. 2 fuel oil
remaining criteria pollutants and though this presumed to conform (diesel), culm fuel, and liquefied
precursors, construction on the order of activity is limited to non-capacity petroleum gas (propane or butane).
several years would be required to enhancing projects. Emissions were Pollutant emissions due to the operation
approach the de minimis thresholds. quantified in this case from construction of boilers vary with the fuel used. The
Runway and other lighting systems can activities, including soil cement emission factors for the various fuels are
be installed in less than two weeks; preparation, subgrade preparation, light presented in Table III–2 below.
therefore, project construction and heavy demolition, cement base
treatment, installation of the grade A new, upgraded, or expanded boiler
emissions are well below de minimis
aggregate base, construction of the system involves the installation of new
and presumed to conform.
terminal, light and heavy utility work, equipment to replace or expand the
6. Terminal and Concourse Upgrades and light and heavy earthwork. In capacity of existing boiler systems.
The opportunity to expand or upgrade addition, the proposed terminal Boilers can be very large and are
terminals and concourses for improving expansion was assumed to occur within sometimes delivered on flatbed semi-
passenger convenience or the same calendar year instead of the tractor trailer trucks and set in place by
administrative use typically involves proposed schedule of seven years. a crane. Table III–3 presents the
increasing or renovating the interior Construction emissions were construction emissions, primarily NOX
terminal space, including offices, hold calculated using prescribed EPA and CO, associated with the installation
rooms, concessions, restrooms, and gate methodology incorporating the of a large boiler as described.
areas. Terminal and concourse upgrades projected construction activity level, the
do not include new or upgraded number of construction vehicles and
heating, ventilation, and air equipment, and industry-wide
conditioning systems, which are utilization rates. Emission factors for
covered under a separate presumed to construction vehicles and equipment
were taken from EPA databases for Activity, and Load Factor Values for Nonroad
conform action (#7) because of their Engine Emissions Modeling.
additional operating emissions. nonroad vehicles and engines,35 and 37 A boiler is an encased vessel that provides a
Qualifying projects in this category do their updates.36 means for combustion heat to be transferred into
not include terminal replacement water until it becomes steam. The steam is then
projects or have the effect of attracting 35 EPA Report 460/3–91–02, November 1991, used to heat the building through a network of
Nonroad Engine and Vehicle Emission Study— pipes. When water is boiled into steam its volume
more passengers. Nor do they have the Report. increases about 1,600 times, which is an efficient
effect of increasing the airport’s ability 36 EPA Report NR–005A, December 9, 1997, means for transferring heat for a process.
to accommodate additional numbers or revised June 15, 1998, Median Life, Annual HVACWebTech, Inc.
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Airport terminals consume energy for maintenance areas since the primary boilers using up to 5.05 million cubic
heat at a higher rate than most public pollutant from combustion of these fuels meters of natural gas annually, which is
buildings. The reasons for this include is NOX, a precursor to ozone formation. sufficient to heat a building of
the open areas surrounding many Hydrocarbons (HCs) are another approximately 210,000 square feet.40
airports, heat loss from the movement of precursor to ozone but they are NOX emissions in a severe ozone
people and baggage in and out of relatively low for these fuel types in nonattainment area would be limited to
buildings, and the usual 24-hour comparison to NOX emissions. The 907,000 gallons of No. 6 fuel oil
operation of facilities. The consumption primary pollutant from the combustion (residual), 2,065,000 gallons of No. 2
of energy to generate heat is also of fuel oil (No. 2 diesel, and No. 5 and fuel oil (diesel), 2,603,000 gallons of
dependent upon the design of the No. 6 residual) is SO2, while particulate propane, 1,515 short tons of bituminous
terminal building. For instance, many matter is the primary pollutant from the coal, or 2,777 short tons of anthracite
airport terminals are designed with combustion of coal, including culm fuel. coal on an annual basis.
exterior glass walls or incorporate Therefore, NOX, SO2, PM2.5, and PM10 The installation, upgrade, or
design, art, and architectural treatments are the most likely limiting pollutants expansion of an airport HVAC system
that reflect local customs and for the operation of boiler systems at that requires a permit under new source
community history.38 The many airports. review (NSR) or prevention of
variations of airport terminal design, Table III–4 below presents maximum significant deterioration programs is
including geographical location, make it annual fuel throughput for heating exempt from a general conformity
impractical to identify the ‘‘typical systems and boilers by fuel type at determination.41 The inclusion of
terminal building’’ for purposes of levels that do not equal or exceed the de airport boiler installations/
determining total emissions. Therefore, minimis thresholds. The FAA Emissions modifications as a presumed to conform
the presumption of conformity could and Dispersion Modeling System activity does not affect existing or future
not be based on the characteristics of the (EDMS) was used to perform the requirements of Federal, State or local
building, but rather on the volume of calculations. EDMS emission factors are air quality operating permit programs.
fuel consumed. conservatively based on EPA’s AP–42 Proper compliance with all applicable
As discussed, emissions resulting emissions quantification environmental regulations must be
from the operation of boilers depend on methodology.39 maintained.
the type of fuel powering the boiler The analysis shows, for example, that BILLING CODE 4910–13–P
system. Emissions from the use of an airport located in a severe
propane, butane, and natural gas are of nonattainment area for ozone, with a de 40 Assuming a 100,000 sq. ft. one-floor building

minimis NOX threshold of 25 tons per would require approximately 2.4 million cubic
concern in ozone nonattainment and meters of natural gas to heat the building, annually;
year, could operate new or improved based on the industry standard heat value, 1,000
38 FAA AC 150/5360–13, April 22, 1988, Planning BTU per cubic foot of natural gas, annually [Airtron
and Design Guidelines for Airport Terminal 39 FAA, 2007, Emissions and Dispersion Modeling Heating and Air Conditioning, Columbus, Ohio].
Facilities. System EDMS Version 5.0. 41 40 CFR part 93, § 93.153(d)(1).
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following the events of September 11, passenger scanning devices, addition of

8. Airport Security 2001, the FAA has determined that camera surveillance, bolstering of
dedicated security-related airport airport security fencing, and
Based on collected project projects qualify as presumed to conform reinforcement of airport access control.
information and additional agency actions, including modification of In most cases, the installation of
experience with airport security actions existing terminals with luggage and security equipment and upgraded

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operations in existing facilities will not 10. Airport Maintenance Facilities through the use of construction
result in the generation of air emissions. Airport maintenance facilities house equipment to pave the staging area.
If the construction and installation of the equipment necessary to run, service, Construction emissions are primarily
some dedicated security projects do and maintain the airport environs. comprised of NOX and CO.
cause emissions, these emissions will be The quantity of emissions associated
These facilities can include vehicle
minor and well below the de minimis with the construction of an asphalt
service centers, fueling stations, and
thresholds. taxicab staging area was based on a
storage areas for snow removal and
Security requirements also may construction design for a regional
maintenance equipment. FAA actions asphalt roadway. The calculation of
dictate that parking spaces close to associated with upgrading airport-
terminal buildings be eliminated.42 As a emissions included activities such as
owned maintenance facilities are excavation, preparation of the subgrade,
result, FAA actions associated with the presumed to conform based on the fact
expansion of parking facilities to adding a base layer of stone, fine
that these facilities typically require grading, and paving. The paving process
compensate for lost close-in parking are only minor construction. However, the
presumed to conform provided these included the application of a tack coat,
installation or upgrading of aircraft wearing course, and the final seal coat.
actions are limited to a one-for-one maintenance facilities (typically owned
replacement of parking capacity. The type and use of construction
by an airline or charter company) that equipment was determined based on
Generally, the relocation of parking are used to paint or maintain aircraft at
spaces away from the terminal building information obtained from the R.S.
an airport are not considered presumed Means’ Means Building Construction
will reduce vehicle miles traveled to conform because aircraft maintenance
(VMT) on airport property, resulting in Cost Data, and the State of Ohio
facilities may cause an increase in Department of Transportation’s Manual
an emissions decrease. flights to meet maintenance schedules.
It is important to note that this of Procedures for Flexible Pavement
category of presumed to conform actions 11. Airport Signage Construction and Pavement Design and
is separate from exempt Federal actions Rehabilitation Manual. Rated
Airport sponsors place signs horsepower and load factors for each
under the Rule that are part of a throughout the airport property to direct
continuing response to an emergency or construction unit was obtained from the
passengers, employees, and vendors to EPA’s Nonroad Engine and Vehicle
disaster.43 Agency use of the emergency terminals, parking lots, rental car areas,
exemption is limited in time and must Emission Study-Report and Median Life,
maintenance areas, etc. In addition, Annual Activity, and Load Factor
involve overriding concerns for public airports provide a network of signs to
health and welfare, national security Values for Nonroad Engine Emissions
direct aircraft and vehicles on the Modeling, and the Caterpillar
interests, and foreign policy airfield. Airport signage is often
commitments.44 Performance Handbook.
electrified for illumination at night and Emission factors were obtained from
9. Airport Safety for other times of limited visibility. In the EPA’s Nonroad Engine and Vehicle
general, airport signage installation can Emission Study-Report.
Airport projects relating to airport be completed in a matter of days or The acreage that could be paved
safety include actions specific to the weeks. It would require more than a without equaling or exceeding the de
Runway Safety Area (RSA). FAA year of continuous installation to exceed minimis thresholds for each applicable
regulations specify the requirements for the 25-ton threshold for NOX. Therefore, nonattainment or maintenance category
a RSA, which is defined as the surface airport signage installation projects are was calculated and summarized in
area that surrounds and extends beyond presumed to conformed. Table III–1. For instance, an airport
the runway ends that is required for
12. Commercial Vehicle Staging Areas located within an area designated as
reducing the risk of damage to airplanes
severe nonattainment for ozone, which
in the event of an undershoot, Commercial vehicle staging areas at limits net project emissions to an annual
overshoot, or excursion from the airports serve as temporary holding rate of 25 tons of NOX, is limited to a
runway.45 RSA improvements are areas for taxicabs, limousines, and other commercial vehicle staging area of about
presumed to conform unless a new road commercial vehicles. Such areas reduce 13 acres, or 561,584 square feet, which
or the relocation of a road is required. the need to idle at the terminal curb results in 2.35 tons of VOC emissions.
In addition to a safe airfield, airport front and help to decongest the terminal Paving of approximately 137 acres is
projects to build, expand, replace, roadways. Airports that employ required to cause emissions of VOC of
upgrade, or equip a required Aircraft commercial vehicle staging areas may nearly 25 tons, as established for a
Rescue and Firefighting Facility (ARFF) enforce specific idling restrictions or severe nonattainment area for ozone. In
are presumed to conform. These engine-off mandates to further reduce order to approach the 100 ton de
facilities are relatively small airport air quality impacts. Generally, the use of minimis thresholds for other criteria
projects and must be provided by the commercial vehicle staging areas is an pollutants, paving areas of
airport to ensure airport and passenger emissions reduction strategy because approximately 140 acres would be
safety. Airports must meet ARFF the alternative inherently creates more required for CO, 556 acres for SO2, and
requirements as specified under 14 CFR emissions from increased traffic and more than 595 acres for PM10. Therefore,
139.317, and are responsible for congestion at the terminal. NOX is the limiting pollutant for paving
upgrading an ARFF if there is an A Federal action to develop a projects at airports and emissions of
increase in the average daily departures commercial vehicle staging area for VOC, CO, SO2, and PM10 are
or the length of an air carrier aircraft.46 purposes of relieving airport traffic considerably less in comparison to NOX.
congestion is presumed to conform
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42 FAA Aviation Security Directive issued

based on the criteria provided in Table 13. Low-Emission Technology and
February 2002.
III–1 for a ‘‘Commercial Vehicle Staging Alternative Fuel Vehicles
43 40 CFR Part 93, § 93.153(e).
44 Ibid. Area.’’ Providing a commercial vehicle A growing number of airports are
45 FAA AC 150/5300–13, September 29, 1989, staging area does not cause an increase interested in new technology and
Airport Design. in the volume of vehicles on regional vehicle systems to reduce stationary and
46 Per index under 14 CFR Part 139, § 139.319(a) roadways and impacts air quality only mobile emissions. Based on agency and

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airport low-emission programs over the reducing congestion, balancing 15. Routine Installation and Operation
past several years, which provide controller workload, and improving of Airport Navigation Aids
extensive data and documentation to coordination between controllers
Aviation navigation aids represent the
verify the emission reduction benefits of handling existing air traffic, among
facilities and equipment used for
new low-emission technology, these other things.
communications, navigation, and
activities are presumed to conform. Project-related aircraft emissions
Activities that are presumed to surveillance (CNS) systems.53 The use
released into the atmosphere above the and maintenance of CNS systems is
conform include the replacement, inversion base for pollutant
substitution, or conversion of essential to safe air commerce and
containment, commonly referred to as national security.54 Airports are
conventional fuel vehicles (gasoline, the ‘‘mixing height,’’ (generally 3,000 ft.
diesel) to vehicles using alternative or required to establish adequate
above ground level) do not have an maintenance systems for navigational
clean conventional fuel technology. effect on pollution concentrations at
Qualified activities also encompass aid facilities to the level of performance
ground level.49 50 Therefore, air traffic achieved at original commission.55
airport low-emission infrastructure control actions above the mixing height
improvements and the use of refueling Similar to the previous presumed to
are presumed to conform.
or recharging stations needed to service conform action for air traffic control
In addition, the results of FAA
airport low-emission vehicles. activities, EPA states in the preamble
research on mixing heights indicate that
All low-emission activities funded that ‘‘routine installation and operation
changes in air traffic procedures above
through the FAA Voluntary Airport Low of aviation (and maritime) navigation
1,500 ft. AGL and below the mixing
Emission Program (VALE) or that are aids’’ are below de minimis and should
height would have little if any effect on
required as part of environmental be considered exempt actions.56
emissions and ground concentrations.51
mitigation are presumed to conform.47 Because these activities are cited in the
Such actions in the vicinity of the
The VALE program requires that preamble but not in the Rule itself, the
airport are tightly constrained by
vehicles purchased under the program FAA believes that it is prudent to
runway alignment, safety, aircraft
meet specific low-emission standards document these activities as presumed
performance, weather conditions,
and that these vehicles and other to conform.
terrain, and vertical obstructions.52
program equipment remain at the Accordingly, air traffic actions below The routine installation, in-kind
airport for their useful life. the mixing height are also presumed to replacement, and maintenance of
conform when modifications to routes navigational aids (e.g., Air Traffic
14. Air Traffic Control Activities and Control Towers (ATCT), Instrument
Adopting Approach, Departure and and procedures are designed to enhance
operational efficiency (i.e., to reduce Landing Systems (ILS), Approach Light
Enroute Procedures for Air Operations Systems (ALS)) are presumed to
delay), increase fuel efficiency, or
The preamble to the General reduce community noise impacts by conform because these activities will
Conformity Rule 48 states that: means of engine thrust reductions. not generate emissions that exceed de
‘‘In order to illustrate and clarify that minimis levels. Moreover, emissions
Other air traffic procedures and system
the de minimis levels exempt certain generated by construction equipment
enhancements that are presumed to
types of Federal actions, several de and maintenance vehicles used to
conform include actions that have no
minimis exemptions are listed in transport workers and equipment to
effect on air emissions or result in air
51.853(c)(2). There are too many Federal CNS system sites are negligible
quality improvements, such as gate hold
actions that are de minimis to considering the temporary nature of
procedures which reduce queuing,
completely list in either the rule or this construction and maintenance activities
idling, and flight delays.
preamble.’’ and the limited number of vehicles
As an illustration of exempt actions, In FAA’s experience, airport capacity
EPA states in the preamble that ‘‘Air improvements result from market forces
in today’s deregulated environment that If the installation of new or upgraded
traffic control activities and adopting navigational aids for improved safety
approach, departure and enroute determine where airlines fly and how
often. These forces lead, for example, to and efficiency also increases the
procedures for air operations’’ are capacity of the airport or changes the
among other actions that are de minimis airport planning and development of
new runway or terminal projects, which operational environment of the airport,
(preamble, p. 63229, I(2)) and should be these CNS activities are not presumed to
exempt from the Rule. Because air are large actions that are not presumed
to conform and must be evaluated conform.57
traffic control activities are cited in the Also presumed to conform are CNS
preamble but not in the Rule itself, the further. Limited refinements to terminal
air traffic procedures below the mixing emergency or standby generators
FAA believes that it is prudent to powered by natural gas or propane.
document these activities as presumed height typically reduce local emissions
as a result of improved efficiencies, These generators provide electric power
to conform. in case of primary power failure and are
Air traffic control activities are reduced ground delays, and noise
mitigation. operated intermittently, with an
defined as actions that promote the safe, estimated total time of operation of less
orderly, and expeditious flow of aircraft than 100 hours per year. Because of the
49 EPA Report, Procedures for Emission Inventory
traffic, including airport, approach, infrequent use and small size (135
Preparation, Volume IV: Mobile Sources [420R–92–
departure, and enroute air traffic 009], section 5.2.2., 1992. kilowatts or less) of the engine
control. Airspace and air traffic actions 50 Realistic Mixing Depths for Above Ground
generators and the use of clean-burning
(e.g., changes in routes, flight patterns, Aircraft Emissions, Journal of the Air Pollution
and arrival and departure procedures) Control Association, Vol. 25, No. 10, Howard M.
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53 14 CFR 171.1–171.51.
Segal, Boeing, 1975.
are implemented to enhance safety and 51 Report on ‘‘Consideration of Air Quality 54 14 CFR 169.1(a)
increase the efficient use of airspace by Impacts by Airplane Operations At or Above 3,000 55 14 CFR Part 171.

feet AGL,’’ FAA–AEE–00–01, September 2000, p. 5. 56 58 FR 63229, I(6) (Nov. 30, 1993).
47 FAA Order 5100.38C, Airport Improvement 52 FAA Advisory Circulars No. 25–13 and No. 91– 57 Consistent with FAA Order 1050.1E, Section
Program Handbook, June 2005, §§ 580, 585. 53A describe requirements that must be met when 401 ‘‘Actions Normally Requiring an Environmental
48 58 Fed. Reg. 63229 (Nov. 30, 1993). using reduced power for takeoff. Assessment’’.

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fuels, the engine generators produce part of a larger project being evaluated typically have emissions below de
negligible air emissions. under the environmental review minimis levels. To determine whether
requirements of the National such a project requires a conformity
IV. How To Apply Presumed To
Environmental Policy Act (NEPA). determination, FAA excludes one
Conform Actions
Below is a description of the different presumed to conform action and then
The qualifying project categories actions and procedures. prepares an applicability analysis for
discussed in the preceding section may Single Action. A single action is the remaining actions. In other words,
be referred to as the FAA ‘‘presumed to defined as a presumed to conform FAA determines whether the emissions
conform list.’’ The analysis for action that is not connected or from the combination of actions, less
presumed to conform actions is dependent on other actions and which one presumed to conform action, equals
considered representative of the vast is determined to have independent or exceed de minimis levels or assists in
majority of possible airport projects utility.60 For such actions, no general demonstrating conformity.
within each category. However, FAA conformity evaluation or applicability FAA procedures for combined actions
employees must consider the analysis is required and agency officials permit FAA to exclude the emissions
appropriateness of applying this list, may simply document that the project from one presumed to conform action
particularly how the proposed project action is considered presumed to and to prepare an applicability analysis,
compares to the presumed to conform conform on the basis of this Notice and and a conformity determination if
category of projects.58 the applicable project category. necessary, based upon the total direct
As authorized under the CAA, the list Using the analysis and documentation and indirect emissions of the actions
provides an additional way for the FAA for this Notice meets a major intent of that are not otherwise exempt.63 Thus,
to improve its environmental program presumed to conform—namely to in a combined action, the emissions
management while still ensuring that reduce the analysis burden for actions from one presumed to conform action
agency air quality goals and that have little or no direct or indirect may be excluded from the calculation of
requirements are met. Use of the list emissions. By analyzing each project total project emissions. The process
will reduce review times, eliminate category in the presumed to conform list could show that either the combined
unnecessary paperwork, clarify and reporting the findings in the action (minus the one excluded
analytical requirements for all project preceding section, the FAA has shown presumed to conform action) would
actions, and insure that the proper level that the resulting emissions from each equal or exceed de minimis thresholds
of documentation is applied in each presumed to conform action would and thus trigger a conformity
case. Moreover, in some instances, the typically be below the applicable de determination, or that the combined
presumed to conform list can provide minimis thresholds. action (minus the one excluded
another method that the FAA can use to Combined Action. A combined action presumed to conform action) is below
demonstrate conformity with an is defined as either: (1) Multiple de minimis thresholds with no further
applicable SIP. presumed to conform actions that are action required. Consequently, the
As part of the process of developing connected to each other; or (2) one or allowance to exclude one presumed to
the list of actions presumed to conform more presumed to conform actions that conform action could make a difference
under 40 CFR 93.153(f), the FAA, in are connected to one or more non- as to whether a conformity
close consultation with the EPA, has presumed to conform actions being determination is needed or whether
exercised its discretion to establish evaluated under the environmental conformity is demonstrated. FAA
separate procedures.59 FAA established review requirements of NEPA (e.g., EA officials have the authority and
its own procedures for including or EIS). The Council on Environmental responsibility to decide which
presumed to conform actions in total Quality defines ‘‘connected actions’’ as presumed to conform action is excluded
emissions in determining applicability actions that are closely related if more than one is present in a
and conformity to avoid segmentation of involving, for example, interdependent combined action.64
projects for conformity analysis when parts of a larger action, dependence on The FAA has determined as a matter
emissions are reasonably foreseeable. a larger action for justification, or of policy to implement the presumed to
When applying the presumed to dependence on other actions taken conform list with respect to combined
conform list, the FAA determines previously or simultaneously.61 actions by balancing considerations
Where there is a combined action, about project segmentation 65,
whether it is dealing with proposed
then only one action specified on the connected actions under NEPA 66, and
presumed to conform actions that
presumed to conform list may be the permitted exclusion of emissions
represent one or more ‘‘single actions’’
excluded in calculating total direct and attributable to presumed to conform
or a ‘‘combined action.’’ The FAA also
indirect emissions. The emissions from actions under the Rule. With regard to
determines whether the combined all the other actions that are not
action involves multiple connected otherwise exempt must be calculated to 63 Emissions from exempt actions are excluded in
presumed to conform actions or determine that total emissions from the accordance with 40 CFR 93.152.
presumed to conform actions that are remaining actions.62 For example, the 64 Requirements and allowances for combined

actions are based on interagency communications

58 The list must be used carefully because
FAA may undertake a project with with EPA.
‘‘[w]here an action otherwise presumed to conform
several connected actions that must be 65 In the preamble to the General Conformity

under paragraph (f) of this section * * * does not analyzed under NEPA. Several of those Rule, EPA decided not to adopt its initial proposal
in fact meet one of the criteria in paragraph (g)(1) actions may individually be listed on to permit Federal agencies to use the NEPA concept
of this section, that action shall not be presumed the presumed to conform list because of tiering and analyze actions in a staged manner
to conform and the requirements of § 93.150 and in conducting conformity analyses. EPA explained,
§§ 93. 155 through 93.160 shall apply for the
those actions taken alone would among other things: ‘‘[T]iering could cause the
mstockstill on PROD1PC66 with NOTICES

Federal action.’’ See 40 CFR § 93.153(j). segmentation of projects for conformity analysis,
60 40 CFR 1506.1(c)(1) and 1508.25(a), Council on
59 It is a fair inference from EPA’s April 9, 2007 which might provide an overall inaccurate estimate
letter to FAA that the EPA interprets 40 CFR Environmental Quality, Regulations for of emissions. The segmentation of projects for
§ 93.153(f) to permit the FAA to define total direct Implementing the Procedural Provisions of NEPA. conformity analyses when emissions are reasonably
and indirect emissions to include presumed to 61 40 CFR 1508.25(1). foreseeable is not permitted by this rule.’’ (58 FR
conform actions in certain circumstances, 62 An allowance to this provision is discussed in 63240).
notwithstanding 40 CFR § 93.152. the following paragraph. 66 40 CFR 1508.7.

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41580 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices

the latter, the Rule states in 93.152 conform actions must be listed as a However, the FAA has decided to defer
under Definitions: ‘‘The portion of separate line item in the emissions action on this aspect of its Draft Notice
emissions which are exempt or inventory and clearly explained and based upon consultation with the EPA.
presumed to conform under Section presented in all related study Issued in Washington, DC on July 24, 2007.
93.153(c), (d), (e), or (f) are not included documentation. Charles R. Everett, Jr.,
in the ‘‘total of direct and indirect Consistent with the goal of reducing
the analysis burden for presumed to Manager, Planning and Environmental
emissions.’’ Likewise, as stated in the Division, Office of the Associate
preamble (58 FR 63233): ‘‘The final rule conform actions, the Notice may be used Administrator for Airports.
requires the inclusion of the total direct in some instances to document
[FR Doc. 07–3695 Filed 7–25–07; 12:19 pm]
and indirect emissions in the presumed to conform actions in lieu of
applicability and conformity the standard modeling methodology.
determinations, except the portion of Specifically, the Notice may be used if
emissions which are exempt or the project is a single action or if it is
presumed to conform* * *’’ 67 The limited to multiple presumed to
FAA applies this definition to exclude conform actions that are supported in Federal Highway Administration
emissions for single and multiple the Notice by additional quantification.
Presumed to conform actions or [Docket No. FHWA–2007–28797]
presumed to conform actions that are
not connected to one another. FAA categories with additional quantification
(e.g., data tables) are: Pavement Agency Information Collection
procedures for combined actions offer a Activities: Notice of Request for
reasonable approach by placing a more markings; pavement monitoring
systems; non-runway pavement work; Reinstatement of a Previously
conservative limit on the permitted Approved Collection for Which
exclusion of presumed to conform lighting systems; terminal and
concourse upgrades; new HVAC Approval Has Expired
emissions than 40 CFR 93.152.
Documentation. Documentation systems, upgrades, and expansions; AGENCY: Federal Highway
requirements for combined actions are airport signage; commercial vehicle Administration (FHWA), DOT.
greater typically than for single actions. staging areas; and low-emission ACTION: Notice and request for
On some combined actions, the FAA technology and alternative fuel comments.
requires that presumed to conform vehicles.69 Also, the Notice may be used
actions be analyzed and documented by if all but one of the project’s multiple SUMMARY: The FHWA has forwarded the
means of an emissions inventory using presumed to conform actions are information collection request described
the FAA EDMS model and related supported by additional quantification in this notice to the Office of
procedures.68 This standard modeling and the FAA excludes, as allowed, the Management and Budget (OMB) for
methodology is project-specific and emissions from the one presumed to approval of a reinstatement of a
more refined than the quantification of conform action that is not supported by previously approved collection for
emissions in this Notice and therefore additional quantification. which approval has expired. We
offers greater confirmation in some Regional Significance published a Federal Register Notice
cases that the applicable emissions will with a 60-day public comment period
FAA employees must also reflect that on this information collection on May
not equal or exceed the de minimis they have considered potential regional
thresholds. 11, 2007. We are required to publish
significance, that is, whether the total this notice in the Federal Register by
Specifically, standard modeling direct and indirect emissions of the
methodology must be used if the project the Paperwork Reduction Act of 1995.
pollutants from each presumed to
includes: (1) One or more presumed to DATES: Please submit comments by
conform action represent 10 percent or
conform actions that are connected to more of a nonattainment or maintenance August 29, 2007.
non-presumed to conform actions which area’s total emissions of that pollutant ADDRESSES: You may send comments
are being evaluated under the under 40 CFR 93.153(i).70 If project within 30 days to the Office of
environmental review requirements of emissions are regionally significant on Information and Regulatory Affairs,
NEPA; or (2) two or more presumed to this basis, the FAA would be required Office of Management and Budget, 725
conform actions are involved which are to prepare a conformity analysis and 17th Street, NW., Washington, DC
not supported by additional determination for a presumed to 20503, Attention DOT Desk Officer. You
quantification in the Notice (see below). conform Federal action. are asked to comment on any aspect of
In these cases, each presumed to As the FAA indicated in its Draft this information collection, including:
conform action must be modeled and Notice, strong evidence indicates that (1) Whether the proposed collection is
inventoried in the same manner and to presumed to conform actions are not necessary for the FHWA’s performance;
the same extent as non-presumed to likely to be regionally significant.71 (2) the accuracy of the estimated
conform actions. Moreover, presumed to burden; (3) ways for the FHWA to
69 Documentation for low-emission technology enhance the quality, usefulness, and
67 EPA gives as an example a Federal action that and alternative fuel vehicles may be based on the clarity of the collected information; and
includes construction of a new industrial boiler findings of the FAA VALE program and its
project, that is exempt, and a separate office preceding pilot program (ILEAV).
(4) ways that the burden could be
building. The emissions from the hypothetical 70 This section provides that actions specified by minimized, including the use of
boiler exceed de minimis levels however it is individual federal agencies that have met applicable
exempt and so the emissions are excluded. The criteria and procedures are presumed to conform unlikely to have emission levels that are regionally
emissions from the office building alone are below ‘‘except as provided in paragraph (j) of this significant (Air Quality Procedures for Civilian
de minimis levels. As a result, the action as a whole section.’’ Paragraph (j) states: ‘‘Where an action Airports and Air Force Bases, FAA and USAF,
mstockstill on PROD1PC66 with NOTICES

does not need a conformity determination. (58 Fed. otherwise presumed to conform under paragraph (f) April 1997). This is because, based on the highest
Reg. 63233). of this section is a regionally significant action de minimis threshold level (100 tons per year), in
68 The primary source of agency air quality * * * that action shall not be presumed to conform order for an action’s net emissions to represent 10
procedures and analysis requirements is the FAA and the requirements [for a conformity analysis and percent or more of a maintenance or nonattainment
Air Quality Handbook entitled Air Quality determination] shall apply for the Federal action.’’ area’s total emissions of a particular pollutant, the
Procedures for Civilian Airports and Air Force 71 The FAA Air Quality Handbook states that an area’s total emissions inventory for any pollutant
Bases, FAA and USAF, April 1997. airport project that is presumed to conform is must be less than 1,000 tons, which is unlikely.

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