Environmental Affairs Committee News

EPA Aircraft Drinking Water Rule Proposed

On April 9, 2008, the Environmental Protection Agency (EPA) published proposed regulations to address aircraft drinking water systems.  The regulations only apply to aircraft onboard water systems, and not airport watering points, which are regulated by the Food and Drug Administration (FDA).  FDA has indicated to ACI-NA that it intends to create an online database of FDA-approved airport watering points, with a focus on primary airports.  They plan to have the database available in October 2008.

The aircraft regulations are intended to tailor existing health-based drinking water standards to the unique characteristics of aircraft public water systems to enhance protection of public health against illnesses attributable to microbiological contamination.  The requirements consist of a combination of monitoring, disinfecting and public notification, which EPA believes will better protect public health while building upon existing aircraft operations and maintenance programs, better coordinate federal programs that regulate aircraft water systems, and minimize disruption of aircraft flight schedules.

EPA is accepting comments on the proposed regulations through July 8, 2008.  The Federal Register notice is available online at:  http://edocket.access.gpo.gov/2008/pdf/E8-7035.pdf.

ACI-NA will keep members apprised of developments impacting airport watering points.

FAA Issues Advisory Circular on Airport Industrial Waste Management

On January 24, the FAA issued a draft Advisory Circular (AC) on Management of Airport Industrial Waste (AC No. 150/5320-15A).  The AC provides information on the characteristics, management, and regulations of industrial wastes generated at airports and guidance on developing Stormwater Pollution Prevention Plans (SWPPPs) that apply best management practices to eliminate, prevent, or reduce pollutants in storm water runoff associated with airport industrial activities.  The AC replaces previous AC 150/5320-15 and includes changes to reflect Environmental Protection Agency (EPA) development of regulations addressing deicing effluent, anticipated to be finalized in late 2009.

FAA is accepting comments on the draft AC through March 28. 

The AC is available on FAA's website at:  http://www.faa.gov/airports_airtraffic/airports/resources/draft_advisory_circulars/media/draft_150_5320_15a.pdf.

EPA Proposes Revisions to General Conformity Requirements

On January 8, 2008, EPA published in the Federal Register proposed revisions to the General Conformity regulations relating to the Clean Air Act requirement that Federal actions conform to the appropriate State, Tribal, or Federal implementation plan for attaining clean air.  The General Conformity regulations were promulgated in 1993 and revised in 2006 to include de minimis emission levels for fine particulate matter and its precursors.  The proposed revisions aim to streamline the process for ensuring conformity and provide a process for agencies to ensure their actions do not cause/contribute to a national ambient air quality standard (NAAQS) violation or interfere with plans to attain or maintain NAAQS.

Some of the proposed revisions of interest include:

1. A possible exemption for short-term construction projects.  EPA describes two possible options:  emissions lasting no more than two years or, to be consistent with Transportation Conformity, no longer than 5 years at individual sites.
2. "Facility-wide budget" where actions that do not exceed the budget are presumed to conform.
3. Allowing the emission of one precursor pollutant to be offset by a reduction in emissions of another precursor pollutant.
4. Changes in air traffic control activities and adoption of approach, departure, and enroute procedures for air operations.
5. Additional guidance on agencies developing presumed to conform lists.
6. Allowing alternate schedules for mitigation if it will provide greater environmental benefit.
7. Removing requirements for a regionally significant test even when total emissions from the action were below de minimis levels.

ACI-NA provided comments on EPA’s proposed revisions.  The comments are available here.

EPA plans to finalize the revisions later this year.  The Federal Register notice is available at: http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E7-25241.pdf

FAA Releases VALE Technical Report

October 2007 – The FAA released the 2007 Technical Report on its Voluntary Airport Low Emission Program, which allows airport sponsors to utilize Airport Improvement Program (AIP) and Passenger Facility Charge (PFC) to fund for low emission vehicles, gate electrification, and other air quality improvement projects. The report contains the revised guidance applicable to FY08 projects applications. More information about VALE is available on the FAA website here.

FAA Distributes Environmental Desk Reference for Airport Actions

Oct. 5, 2007 – Finalized on Sept. 30, 2007, and distributed to FAA Regions on Oct. 5, the FAA has posted the Companion Desk Reference to Order 5050.4B on its website.  The Desk Reference summarizes the "special purpose laws" FAA must comply with before approving a proposed federal action.  Organized into 23 chapters, it addresses different environmental impact categories. 

FAA Issues Advisory Circular on Environmental Management Systems

Oct. 3, 2007 – FAA issued its Regional Offices Advisory Circular (AC) 150/5050-8 on Environmental Management Systems (EMS) for Airport Sponsors. The AC provides guidance to airport sponsors on the necessary elements for an EMS to be eligible for federal financial support. With its release, sponsors of large and medium hub airports may receive federal funding to develop EMS if prepared in accordance with the AC. In addition, ACI-NA provided comments to FAA on a draft of the AC. ACI-NA requested that eligibility be expanded to include small airports and EMS maintenance beyond the development stage. While FAA did not incorporate those comments, it has indicated the possibility of expanding the program to small airports in the future, after it assesses the initial implementation of the AC. ACI-NA will strongly urge FAA to revisit this significant AC, particularly on the issue of small airport eligibility. The EMS AC is available on the FAA website here. 

FAA Releases Hazardous Wildlife AC

September 2007 – ACI-NA FAA issued Advisory Circular (AC) 150/5200-33B:  Hazardous Wildlife Attractants On or Near Airports. This AC provides guidance regarding land uses on or near public-use airports that could be considered attractants to hazardous wildlife and replaces AC 150/5200-33A. The new AC contains technical changes to paragraph references, wording on storm water detention ponds, and omits paragraph 4-3.b on Additional Coordination.  The AC is available on FAA's website here.

FAA Publishes Final Presumed to Conform List

July 2007 – In the July 30, 2007 Federal Register, FAA published a notice containing its final Federal Presumed to Conform Actions Under General Conformity. As permitted in 40 CFR 93.153(g)(h), Federal agencies may develop a list of actions that are presumed to conform to a State Implementation Plan for criteria pollutants and their precursors.  FAA established 15 categories of actions involving agency approval and financial assistance for airport projects that are presumed to conform.  The Federal Register notice is available online here. 

FAA Publishes Draft PTC List

Feb. 12, 2007 – ACI-NA worked jointly with the Air Carrier Association, the Air Transport Association, and the Airport Consultants Council to submit joint comments on the draft PTC (Presumed To Conform) list in March. The comments are available on the FAA website here.  FAA responded to those comments (along with other comments received) in a Response to Comments document available on FAA's website here.  The response to ACI-NA, et al's comments begins on page 20. The project categories established by FAA as being presumed to conform include:

• Pavement markings
• Pavement monitoring systems

• Non-runway pavement work
• Aircraft gate areas on airside
  
• Lighting systems
• Terminal and concourse upgrades
• New HVAC systems, upgrades, and expansions
• Airport security
• Airport safety
• Airport maintenance facilities
• Airport signage
• Commercial vehicle staging areas
• Low-emission technology and alternative fuel vehicles.
• Air traffic control activities and adopting approach, departure and enroute procedures for air operations.
• Routine installation and operation of aviation navigation aids
• Details of each category can be found in the Federal Register notice.

SPCC Compliance Deadline Extended

May 10, 2007 – The EPA Administrator signed the rule extending the compliance date for owners and operators of facilities preparing or amending and implementing Spill Prevention, Control, and Countermeasure (SPCC) Plans from Oct. 31, 2007 to July 1, 2009.  EPA originally proposed the date extension, which ACI-NA supported, on Dec. 26, 2006.

The extension is intended to accommodate additional SPCC rule revisions to be proposed by EPA later this year, allow time for the regulated community to understand the revisions finalized in December 2006; and accommodate revisions to the SPCC Guidance for Regional Inspectors expected to address the December 2006 and forthcoming SPCC rule revisions.

Importantly, facilities in existence prior to Aug. 16, 2002 are already required to have a SPCC plan in place.  The compliance date is intended to allow facilities time to amend and implement their plans as necessary to meet the revised requirements.  Facilities are required to continue to maintain their existing SPCC plans until their revised plans are amended and fully implemented.  More information on the extension is available on EPA's website here.

FAA Releases Final Aviation PM Emissions Roadmap

February 2007 – FAA released the final report on PM Emissions from Aviation: Current State of Research Coordinated Under the PM Roadmap.  The roadmap contains 5 functional groups: policy, measurement and methodology, impact analysis, technology development, and database development.  The report summarizes research initiatives and scientific knowledge of the functional groups, identifies gaps in the current understanding of aircraft PM emissions, and discusses the next steps in research necessary to improve our understanding.  The report is available here.

Aviation Leaders Consider Future of Global Aviation Environmental Standards

Feb. 5-14, 2007 – ACI represented the global airport industry at a meeting of the International Civil Aviation Organization (ICAO) Committee on Aviation Environmental Protection (CAEP) in Montréal. CAEP is the primary international body for establishing noise and air emissions requirements for certification of new aircraft. At the meeting, the world's airports were represented by a delegation of 11 people headed by Volker Nitschze (FRA), chairman of the ACI World Environment Committee, Anne McGinley and Xavier Oh, ACI Montreal staff, and Anne Murray (YVR), immediate past chairperson of the ACI World Environment Committee. ACI-NA staff members Dick Marchi and Jessica Steinhilber participated in the portion of the meeting where the future work program was debated.

The work program for this meeting did not include consideration of any increases in the stringency of certification standards for noise or air quality. However, the meeting did address the important ask of defining the work program for the next meeting, CAEP/8, which will be held in 2010. Based on the results of the last CAEP meeting in 2004, it was anticipated that the CAEP/8 work program would include consideration of further increases in the stringency of NOx certification standards. The accomplishments of the meeting were consistent with the modest expectations set forth in the work program, including:

• Making technical refinements to the air quality certification measurement methods
• Publishing guidelines for engine emissions certification methodology
• Adopting NASA's Technology Readiness Level (TRL) 8 as the definition of technological feasibility for future certification requirements
• Publishing additional guidance on airport air quality monitoring
• Reporting on the progress of developing new air and noise models for use in future CAEP analyses
• Reviewing data bases for use in future CAEP analyses
• Publication of information on voluntary market based mechanisms, emissions trading methods and local emissions charges
• Adoption of technical amendments to the noise certification methodology and the method of computing noise contours
• Updating guidance material on the use of the Balanced Approach

Less progress was achieved in defining a meaningful work program for CAEP/8. ACI submitted working papers asking that the CAEP/8 work program include consideration of significant increases in the noise and air quality stringency required for the certification of new airplane types and for a phase out of marginally compliant Chapter 3 aircraft.

ACI requests for increased stringency prompted extended discussion by the meeting and various aspects of the papers received substantial support from some countries (including Australia, Switzerland, the United Kingdom, Sweden, the Netherlands and Germany). The ACI proposals were aggressively opposed by the United States, Canada, Japan, IATA and the aircraft manufacturers. The recommendation finally adopted merely called for study of the need for increased stringency by CAEP/8, for possible adoption by future CAEP meetings. This would insure that no increases in stringency would require cleaner or quieter aircraft to be developed before the 2015 – 2020 timeframe, despite the fact that current production aircraft are achieving noise and emissions levels that are substantially below the current certification requirements, last set in 2001 for noise and 2004 for NOx emissions.

 Given that the prime purpose of CAEP noise and emissions certification is to ensure that the latest available technology is incorporated into aircraft design and to ensure that those reductions offered by technology are reflected in impact reductions around airports, the failure to even include consideration of any stringency increases in the future work program is very disappointing. The ACI request to consider phase out of the noisiest chapter 3 aircraft was rejected with little support by CAEP members.

 
Because of the repeated failure of CAEP to address certification limits, airports are left completely reliant on the application of local actions such as local air quality programs, noise abatement procedures, land use planning and local aircraft operating restrictions, where permitted. This is also likely to mean that significant environmental controversies will continue to impede the development of new airport infrastructure, especially in the U.S., where adoption of local operating restrictions are severely restricted by federal regulation.

NRDC Releases Airport/Airline Recycling Report

December 2006 – The Natural Resources Defense Council (NRDC) released "Trash Landings" How Airlines and Airports Can Clean Up Their Recycling Programs.  NRDC's report is based on a yearlong study of waste disposal and recycling activities at U.S. airports, including a survey of airlines and airports and in-depth investigations at 10 airports.  The report is available on the NRDC website here.

Overall, the report concludes that recycling programs are underdeveloped with great potential to capture significant amounts of recyclable waste.  The report also provides recommendations for airport managers and other industry stakeholders for implementing and encouraging recycling at airports.  Such recommendations include establishing a centralized airport waste management program, providing financial incentives for airport tenants to recycle, and publicizing airport recycling achievements.

EPA Finalizes SPCC Rule Revisions

Dec. 26, 2006 – The Environmental Protection Agency published the finalized revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule. The Federal Register notice is available here. Overall, EPA incorporated most of the changes suggested by ACI-NA in joint comments filed early last year with ATA and AAAE. View here. Important revisions include:

• Exempting all mobile refuelers and tank trailers used to fuel and defuel aircraft from sized secondary containment requirements. General secondary containment requirements still apply to this equipment.
• Exempting motive power containers from SPCC requirements.
• Clarifying that motive power includes motor vehicles with one fuel supply that both powers the movement of the vehicle and powers the equipment on the vehicle.

Exempting ancillary onboard oil-filled equipment on motor vehicles (e.g., hydraulic reservoirs on self-propelled airfield snow removal equipment) from secondary containment requirements, instead allowing owners or operators of qualified facilities to prepare an oil spill contingency plan with a commitment to control and remove discharged oil and inspect equipment for discharges.

One important clarification that was not incorporated by EPA concerns non-self propelled, stationary or towable equipment. Examples include GPUs and snow melters. EPA did not include such equipment in the definition of motive power containers, therefore making it subject to sized secondary containment when stationary and unattended. EPA justifies this requirement based on the belief that towed GSE is typically located at terminal gates where other oil storage containers such as mobile refuelers are present, and therefore any potential spill could be addressed by the approach taken for those refuelers.

EPA also plans to propose further revisions to the SPCC rule in 2007, although they have indicated these revisions do not impact airports. Because of these additional revisions, EPA is proposing to extend the compliance date for the proposed changes to July 1, 2009. This notification is available here.

ACI-NA Joins Commercial Aviation Alternative Fuels Initiative

Oct. 23 - 24, 2006 – An aviation alternative fuels workshop, sponsored by the Commercial Aviation Alternative Fuels Initiative (CAAFI), was held at the campus of Georgia Tech in Atlanta. CAAFI is a joint effort being undertaken by ACI-NA, AIAA, ATA and FAA. The workshop brought together approximately 80 representatives of airlines, airframe and engine manufacturers, fuel suppliers, academics and regulators to exchange information about the current status of alternative aviation fuels and lay out plans for their future development and introduction into service as supplements or substitutes for traditional petroleum-based Jet-A. The workshop also identified related research needs for FAA's aviation environmental Center of Excellence, called PARTNER.

Given the recent price volatility of jet-A, renewed research into alternative fuels has been underway in various forums. Two prospects seem viable, to differing degrees. The most promising process is called the Fisher-Tropsch (F-T) process, which is a modern variant on the method used to produce large quantities of aviation fuel by Germany during WWII and by South Africa during the apartheid embargoes. F-T fuel is thought to be very likely to be interchangeable with jet-A in aircraft and fuel supply infrastructure, although additional research is needed to fully confirm this. F-T fuel can be derived from natural gas, coal, oil tars, shale oil or other petroleum feed stocks. Because of abundant supplies, coal is a favorite candidate for production, but the biggest issue to be addressed with F-T fuels derived from coal is the large amount of CO2 released during the gasification stage. Aside from the emission of large amounts of CO2 that would need sequestration during production, F-T fuel offers the potential to reduce emissions of SOx, HC, NOx, CO2 and particulates when it is burned, which would be highly advantageous for airports struggling with air quality issues.

The second prospective alternative fuel is a variant on bio-diesel, designed for use in aircraft. The bio-fuel has the advantage of not producing so much CO2 during production and of being seen as renewable. However, there are unresolved questions about the total energy required to make bio-fuel, the land use impacts of large scale production and difficulty in meeting the fuel freeze point requirement for aviation use. Also, bio-fuels are not likely to be substantially better than current jet-A at reducing criteria pollutants when burned (with the possible exception of SOx). However, if bio-fuel is used as an F-T feed stock, the F-T advantages of reducing emissions can be achieved, although at lower yields and higher costs.

 The U.S. Department of Defense (DOD) has a major interest in alternative fuels to reduce dependence on foreign supplies and assure fuel security. DOD is sponsoring considerable research and is issuing an RFP for 200 million gallons per year for several years with the intent of operationally evaluating a 50% mix across their fleet through 2011. Commercial airlines are interested in having stable fuel pricing, in the face of recent past price increases and volatility and indicated their interest would be drive largely by price stability. Major airlines, including Virgin Atlantic and Jet Blue have expressed their support for the effort.

Airports seem to have two primary interests: the potential for reduced LTO emissions and assuring compatibility with existing airport fuel storage and distribution infrastructure. The workshop identified research needs in both areas, which are either underway or need future funding.

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