State and Federal Regulations That May Affect Initiatives to Reduce Airports’ GHG Emissions (2012) / Chapter Skim
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Pages 36-65
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37 ple, wind turbines can affect certain bat and bird species, requiring incidental-take permits and/or Section 7 consultations.371 Some wind projects have been enjoined under the ESA as a result of species concerns and failure to address the Act's requirements.372 New transit or solar PV projects could be located on property that provides habitat for endangered or threatened animal or plant species. Airport sponsors of such projects and FAA will need to ensure that they are in full compliance with the ESA.
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38 port. For example, it would currently be illegal for a U.S.
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39 required to obtain AERCs, established through state or local air agencies.392 Airports seeking to use AIP and PFC funds, rather than general revenue, for preconditioned-air and ground-power projects will need to ensure that their project proposals comply with AIP and PFC regulatory requirements.393 For example, stand-alone emissions mitigation projects must secure AERCs to be eligible for AIP funding.394 AIP funding also requires that gate electrification systems, where installed as a part of a stand-alone project, be airport-owned and for use only in airport activities.395 FAA's regulations instruct sponsors of PFC-funded projects, where no additional gates or concourses are being constructed, to justify them based on "the continued need for the facility as well as the age, condition, or functional inadequacy of the existing facility."396 Even where a project is undertaken for noncompetitive reasons, the impact of the terminal project on competition must be taken into consideration.397 In many circumstances, preconditioned-air and ground-power infrastructure reduce fueling and maintenance costs for airlines and airports compared to operation of less efficient APUs. In such cases, airlines are likely to desire ground power and preconditioned air, reducing the concern that they would challenge initiatives that provide the necessary infrastructure.
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40 Airfield improvements that reduce airfield congestion are eligible for AIP and PFC funding.403 If airport sponsors use AIP funds for such projects, they commit to AIP program-specific grant assurances for periods of 20 years or more. Regardless of the funding source, the improvements would need to be reflected on the ALP and trigger at least some environmental analysis under NEPA.404 Depending on the scope of proposed improvements, and particularly if proposed capacity increases would substantially increase the number of flights or planes an airport could serve, extensive NEPA analysis may be required.
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41 be air pollutants under the federal law.416 Fee opponents may also argue that measures may constitute "access restrictions" subject to ANCA.417 While ANCA does not apply to "peak period pricing programs where the objective is to align the number of aircraft operations with airport capacity,"418 it could apply to programs with a different intent or effect. If ANCA does apply, airport proprietors will be subject to FAA's rigorous process for approving of operational procedures under 40 C.F.R.
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42 not be appropriate for all planes and under all circumstances. For example, some aircraft lack the ability to taxi on one engine.430 Operational conditions, such as inclement weather, may also affect the ability of pilots to taxi on one engine.431 Aircraft manufacturers often provide detailed aircraft-specific training addressing the appropriateness of the technique for particular technologies.432 Turning multiple engines off for taxiing can require an external towing source to move the aircraft.
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43 blends and fuels. 444 In 2011, ASTM approved a standard for the use of jet fuel containing 50 percent bioderived synthetic fuel.445 Individual airports are also paying increased attention to aircraft fuels.
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44 recently built a LEED Gold–certified rental car facility at the Santa Monica Airport;454 3) Los Angeles International Airport was awarded LEED Silver certification for the renovation of the Tom Bradley International Terminal;455 and 4)
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45 green construction can and should be analogized to these traditions and practices. To the extent that these strategies require action on the part of airport tenants, airports may seek to require their implementation by these parties through minimum standards, lease agreements, use agreements, and other instruments.
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46 One U.S. airport to provide on-airport opportunities for air travelers to voluntarily offset the carbon emissions created by their travel is San Francisco International Airport.
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47 secondary activity."484 FAA's pilot program offers 10 airports AIP funding to incorporate sustainability as a core objective in long-range planning documents. Some airports will update their entire master plan, while others will develop stand-alone Sustainable Management Plan documents.485 FAA's interim guidance on the pilot program notes that reduced carbon footprints are one of the many benefits of airport sustainability planning.486 C
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48 was allowed to use warm-mix asphalt on the runway.495 Warm-mix asphalt was used on the outer 37.5 ft of the edges of Runway 22L in 2008.496 According to the project contractor for Logan Airport, Aggregate Industries, performance-based contracts were used to address criteria such as air voids, stability, compaction, and grade standards. "Performance-based specifications on this job allow[ed]
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49 plementation of this measure is unlikely to have any major legal implications. However, sponsors should always keep in mind basic contractual issues that may arise with trying to change terms of existing agreements.
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50 would cause concern under the preservation of rights and powers and self-sufficient airport grant assurances.519 Similarly, airports would need to ensure that they meet long-term lease and fair-market-value requirements.
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51 The green leasing provisions available in the following documents may offer helpful resources: • General Service Administration's "Green Lease Policies and Procedures."527 • Building Owners and Managers Association's Guide to Writing a Commercial Lease.528 • Real Property Association of Canada's National Standard Green Office Lease for Single-Building Projects.529 • California Sustainability Alliance's "Green Leases Toolkit."530 The Minneapolis–St. Paul International Airport offers a recent example of an airport that is implementing extensive energy-management measures.
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52 natural illumination from daylighting or skylighting. A control system could also turn off noncritical systems during peak demand periods, which could provide economic benefits to airports using real-time or time-of-use utility pricing.
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53 above in the context of carbon-sequestration approaches.547 A long-term lease of land for electricity generation (including lease provisions in a PPA) might be considered an encumbrance on title in violation of FAA grant assurances and thus require a land release from FAA depending on how the power and other benefits flow to the airport.
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54 near the airport, such as clean natural gas or liquefied natural gas fueling facilities, biodiesel fuel pumps, or electric-vehicle-charging stations (including upgraded distribution lines)
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55 not be transferred out of the project geographic area, even where a potential transfer site is also out of compliance with federal air quality standards.567 EPA further recommends that project sponsors develop and maintain usage records and use these records to update emissions-reduction estimates.568 f. Other Legal Considerations. -- Because some ALP amendment may be necessary to place charging stations on a new footprint and federal funds or PFCs could be involved, NEPA and federal environmental statues may apply.569 Charging stations or CNG fuel facilities are unlikely to require extensive environmental review, because they tend to be located on already-developed property or to involve a small physical footprint.
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56 Many airports have made efforts to improve transit accessibility and ridership through a variety of strategies. For example, airports have worked with local transit agencies to improve their connections with central business districts and larger transit systems, establish more reliable service, expand mass transit infrastructure, and provide access to transportation services in or near the terminal.582 Efforts to improve transit to airports implicate legal questions about federal funding.
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57 Examples • The FAA approved San Francisco's use of airport revenue to construct an on-airport station connecting the Bay Area Rapid Transit (BART) system and the Airport Rapid Transit system based in part on the understanding that San Francisco would own the transit facilities.
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58 fueled taxis.599 For example, airports can require shuttles or buses to use different lanes than those used by taxis or passenger vehicles within the airport to reduce congestion at an airport. However, state or local restrictions may limit the ability of airports to condition access to certain roads classified as public streets.
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59 cling program, including elements for plastic (91) , aluminum (103)
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60 ment system, and that such systems are used predominantly at larger airports.619 J Performance Measurement Performance measurement involves quantifying GHG emissions or energy use levels, and then comparing these data to an airport's regulatory requirements and environmental goals.
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61 3. Perform Energy Audits (ACRP 56 PM-02)
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62 • Assurance 21, Compatible Land Use632 • Airports are obliged to take steps to restrict the use of land in the immediate vicinity of the airport to uses compatible with normal airport operations. To the extent that a renewable energy project was not compatible with normal airport operations, undertaking such a project could violate this grant assurance.
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63 a. FAA Guidance. -- FAA's 2010 Technical Guidance for Evaluating Solar Technologies on Airports639 indicates that the FAA will only approve on-airport solar projects where they are sited on aeronauticallycompatible land, are consistent with an airport's Master Plan, involve the lease of land for fair market value, and meet preliminary environmental screening tests.
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64 must demonstrate that their project avoids these hazards. Detailed methodologies for assessing reflectivity and communications systems interference are available in FAA's 2010 Technical Guidance for Evaluating Selected Solar Technologies On Airports.
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65 • Any construction or alteration: • within 20,000 feet of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with its longest runway more than 3,200 feet, • within 10,000 feet of a public use or military airport which exceeds a 50:1 surface from any point on the runway of each airport with its longest runway no more than 3,200 feet, • within 5,000 feet of a public-use heliport which exceeds a 25:1 surface. • Any construction or alteration located on a public use airport or heliport regardless of height or location; or • When requested by FAA.667 Submission to FAA of a Form 7460-1 is required for these proposed constructions or alterations; where construction occurs off airport, submission of a Form 74602 will also be required.668 As part of this process, the effect of the height on aircraft operations and the potential effects of rotors on radar and other airport-related electronics are considered.
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66 failed to adequately consider the effects of the proposed turbines on aviation.679 In 2011, the Town of Barnstable, Massachusetts, challenged a set of FAA No Hazard Determinations for 130 off-shore wind turbines, each 440 ft tall, to be located in 25 sq mi of Nantucket Sound.680 The Town of Barnstable argued that the FAA violated its statutory authority, misread its own regulations, and was arbitrary and capricious in analyzing the danger that the wind turbines posed to aviation.681 The FAA argued that the Town lacked standing to challenge the FAA's determinations and that the claims were faulty on the merits.682 The D.C. Circuit Court of Appeals ruled for the Town of Barnstable.
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