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air quality standards and achieving expeditious attainment of such standards.” For example, from
a practical standpoint this means that emission increases that result from an airport project
should not exceed the emission forecast or budget included in a SIP for that airport.
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A transportation conformity determination is required for any highway or transit project which is
proposed to receive funding assistance and approval through the Federal-Aid Highway program
or the Federal mass transit program, OR requires Federal Highway Administration (FHWA) or
Federal Transit Administration (FTA) approval for some aspect of the project, such as
connection to an interstate highway or deviation from applicable design standards of the
interstate system. 40 C.F.R. Part 51, Subpart T. This includes any facilities serving regional
activity centers and other regional needs and regionally significant airport access projects.
Some additional regulations emanate from the National Historic Preservation Act of 1966, as
amended (NHPA). This act requires Federal agencies to comply with provisions of the NHPA as
well as with other historic preservation laws.
The requirement to consult the NHPA is triggered when a Federal undertaking may affect
properties eligible for inclusion into or listing on the National Register of Historic Places.
Consultations occur with the State and tribal Historic Preservation Officers and other interested
parties. Air pollution can significantly affect historic properties. Therefore, compliance with
historical preservation laws should be anticipated.
If eligible or listed properties occur in the area of potential effects and the undertaking is likely to
adversely affect these properties, then an MOA is negotiated to mitigate. Otherwise, the Federal
agencies must obtain concurrence from the SHPO and TPO for a “no effect” or “no adverse
effect” determination.
1.1.2 Federal Requirements and Documents - DOT/FAA-Specific
DOT Order 5610.1C: Procedures for Considering Environmental Impacts - This order
(Reference 55) establishes procedures for consideration of environmental impacts, including
those affecting air quality, in decision-making on proposed DOT actions. It provides instructions
for implementing NEPA, supplementing the CEQ regulations by applying them to DOT
programs, which include FAA actions. The order also provides instructions for implementing
relevant environmental laws and executive orders (e.g., the Clean Air Act, the Department of
Transportation Act of 1966, the National Historic Preservation Act of 1966, Executive Order
12114).
49 U.S.C. 47106(c)(1)(B) as amended (formerly sections 509(b)(5) and (b)(7) of the Airport
and Airway Improvement Act of 1982 as amended) - This code (Reference 1) provides that a
grant application for an airport project involving the location of the airport, runway, or major
runway extension, will not be approved unless the State certifies that there is reasonable
assurance that the project will be located, designed, constructed, and operated in compliance with
applicable air quality standards.
49 U.S.C., Subtitle I, Section 303 (formerly DOT Section 4 [f]) -Section 4(f) of the DOT Act
establishes the policy that “special effort should be made to preserve the natural beauty of the
countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic
sites.” This act only applies to DOT agencies. It requires that the DOT cooperate and consult
with States and other selected Federal departments to develop transportation plans and programs
that include measures to maintain or enhance the natural beauty of lands.
FAA Order 5050.4, and any subsequent amendments, Airport Environmental Handbook.
This order establishes guidance for FAA procedures for processing environmental assessments,
findings of no significant impact, and environmental impact statements for airport development
proposals and other airport actions as required by various laws and regulations. It is
recommended for airport personnel, sponsors, and others involved in airport actions when
considering environmental impacts, because it contains detailed guidance on preparing the
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technical assessment of individual environmental impacts including air quality (Reference 63).
Compliance with the order constitutes compliance with FAA order 1050.1 for airport actions.
FAA Order 1050.1, and any subsequent amendments: Policies and Procedures for
Considering Environmental Impacts - This order (Reference 62) provides FAA policies and
procedures for implementing NEPA, DOT Order 5610.1C, and other environment-related
statutes, directives, and orders. The order clarifies the NEPA process in terms of planning,
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