I would remind everyone doing napkin NEF calculations re:number of
slots that the number is flexible. Remember: Quieter airplanes = more
slots, lower exposure on the ground due to changed approach angles =
more slots.
The agreement allows Dash 8 operations constrained
by NEF 25 and a curfew.
As long as that simple fact is not
accepted by CAIR all the other positive changes that could come to
mitigate community concern will be limited by the fact that there is
little engagement back and forth due to antagonism.
Kyle
The second item in this series looked at the level of commercial activity permissible and the number of slots available at the Billy Bishop Toronto Centre Airport (BBTCA) based on the provisions of the 1983 Tripartite Agreement (Agreement). This instalment continues the discussion of slots. http://www.torontoport.com/PortAuthority/media_content.asp?id=439
The TPA’s version
Fact: The Tripartite Agreement does not cap slots at a hard
number. Instead, it employs a Noise Exposure Forecast (“NEF”) contour model to
regulate the overall frequency of aircraft activity around the BBTCA. A map of
this NEF perimeter is on Page III-8 of the Jacobs Consultancy noise management
study.
According to the most recent data published in the Jacobs
Consultancy noise management study, the pre-established NEF contours –
considered to be the “cap” of maximum allowable flight activity -- have not been
reached with the current traffic.
Based on the results of a capacity study, the TPA anticipates that between 42 and 92 additional slots can be made available to commercial air carriers without breaching the maximum NEF contour. These slots will be determined and allocated by a slot co-ordinator in accordance with International best practices through a careful and transparent process taking into account Tripartite Agreement restrictions, community impact, safety and noise emissions.
The CommunityAIR version
The TPA posted the above on their website in response to the claim that the Tripartite Agreement limits commercial slots at the BBTCA to a total of 97. The 97-slot total came from Transport Canada. As a short history of the number of permissible slots shows, the number varies.
A July 21, 1998 Transport Canada memo sets the number of slots at 97 based on commercial service using the Dash 8-100 series aircraft, a smaller plane than the Q400.
The December 2001 Sypher:Mueller Report prepared by the TPA’s consultants http://www.torontoport.com/PortAuthority/uploadedFiles/Airport/News/Report_Items/TCCAFinaDec.pdf sets the number of available slots at 112.
In 2005, consultant Pryde Schropp McComb, in a report to potential Porter’s investors, claimed the NEF contour allowed for 167 available slots.
In 2006, Roger Tassé’s released his extensively researched report on the TPA.
http://www.tc.gc.ca/policy/report/acf/torontoportauthority/e.htm It identified the number of available slots at 120.
Why the confusion over the number of available slots?
One possible answer is Transport Canada’s (TC) errors of commission or omission.
The Agreement charges Transport Canada with supplying the
TPA and/or City of Toronto with “actual NEF Contours based on the 95 percentile level of aircraft
movements during the immediately preceding calendar year.” In addition, Transport Canada is required to
supply the TPA and/or the City with a revised NEF “as soon as data is
available following the end of any subsequent calendar year during which the
number of general aviation aircraft movements or the number of STOL aircraft
movements has increased over the immediately preceding calendar year.”
Why has Transport Canada not complied and produced a revised NEF? After all, since Porter Airlines began
service in 2006, the number of aircraft movements has increased annually.
If the example of the City’s request of Transport Canada’s for
helicopter flight paths is anything to go by, Transport Canada can be accused
either of willfully withholding information or gross incompetence.
The Agreement states that Transport Canada must establish flight paths
for helicopters if annual flights exceed a certain number. The City first wrote requesting the flight
paths on March 1, 2006. The Agreement
says that Transport Canada must supply the City with the information within six
months of the request. Four years later,
it appears that the helicopter flight paths have finally been established.
One possible reason for the delay is the effect on the NEF. According to the Agreement, once helicopter flight
paths are established, the number of and time of flights are factored into the
NEF contour, thus cutting back on the number of available commercial slots.
The TPA’s 212 slots is the most recent number is alluded to in their
Christmas Eve bulletin.
A careful read of Page 2 shows
that between 42 and 92 slots will
be added to the existing commercial
carrier operations which will utilize approximately 120 slots in the period leading up to April 2010. Thus the total slots available under the TPA
consultant’s NEF calculations is between 162 and 212.
To reiterate, the number of slots available under the NEF is 97 or 112
or 167 or 120 or a range between 162 and 212, depending upon the source you
wish to believe. Note that none of these
sources is the City of Toronto nor are they based on data supplied to the City
of Toronto.
With regard to the TPA’s claim, “According to the most recent
data published in the Jacobs Consultancy noise management study, the
pre-established NEF contours – considered to be the “cap” of maximum allowable
flight activity -- have not been reached with the current traffic”, try to
confirm the claim. Download the study http://www.torontoport.com/reports/BBTCA-NoiseMgmtInterimReport-Feb2010.pdf
and search for information on the following: maximum allowable flight activity;
cap; current traffic; slots; 162; 212. Yes, the
study goes to great length to describe the methodology the consultant used but
it gives no results.
However, mentioned above is another study, their consultant’s capacity
study. That’s where the 42 and 92
additional slots come from. This
information is not available. Has it
been presented to the City? Are we to
accept it based on the TPA’s word? Given
the TPA’s earlier dealings with the City of Toronto on the environmental
assessment for the fixed link and with the U.S. Department of Transport on
availability of slots for US Air on Toronto-Philadelphia flight, probably not.
According to the most recent data published in the Jacobs
Consultancy noise management study, the pre-established NEF contours –
considered to be the “cap” of maximum allowable flight activity -- have not
been reached with the current traffic.
As for the TPA statement, “These slots will be determined and allocated by a slot co-ordinator in accordance with International best practices through a careful and transparent process taking into account Tripartite Agreement restrictions, community impact, safety and noise emissions”, they seem to be saying that the yet-to-be-approved additional slots are a foregone conclusion.
Bob Kotyk
The first item in this series looked at the
admissibility of the Q400 as a permissible aircraft at the Billy Bishop Toronto
City Airport (BBTCA) based on the provisions of the 1983 Tripartite Agreement
(Agreement) and the 1985 amendment. This
instalment also references the Agreement, within the context of the level of
commercial service allowable.
The TPA version
Fact: The 1983 Tripartite Agreement sets out the rules, restrictions and
protocols for aircraft activity and commercial service at BBTCA. Not only that,
but the BBTCA hosted three different commercial carriers throughout the 1980s
and 1990s.
The CommunityAIR Version
The TPA is correct. The 1983 Tripartite Agreement sets out the
rules, restrictions and protocols for aircraft activity and commercial service
at BBTCA. The Toronto Port Authority’s
statement is a response to CommunityAIR’s claim that the airport was never
intended to be an active commercial airport.
Sections of the Tripartite
Agreement prohibit use of the airport for any purpose except “general aviation”
and “limited commercial STOL service operations” and operations ancillary to
those uses. They define limited commercial STOL service as a service using short takeoff and landing (STOL)
aircraft, for hire, or reward, in an operation duly licensed by the Air
Transport Committee of the Canadian Transport Commission, and operating in a
manner compatible with the specified capacity and capability of the airport
facilities provided and in accordance with the conditions of Section 14.”
Section 14 is
key. It requires the TPA to regulate the
frequency of aircraft movements within an NEF contour or noise containment
area. The NEF contour is a line
enveloping an area surrounding the airport.
Its position and relationship to the surrounding area is determined by a
modeling formula based on factors such as the various kinds of aircraft flown
and their frequency, the numbers of helicopter take-offs and landings, the
number of night flights, etc. Once the
NEF contour is established, the TPA knows what level of activity is
permissible.
The NEF contour
model gives the airport operator scheduling choices as to the kinds of aircraft
and their purposes. For example, if
helicopters flying at night account for a certain amount of activity that
reduces the number of commercial airline flights, the operator has the
flexibility to reduce the number of helicopter flights in order to increase the
number of commercial flights as long as the total number of movements stays
within the NEF contour.
Commercial airline activity, the number of
take-offs and landings, are referred to as slots. Each take-off is a slot as is each
landing. Thus 212 slots can mean 106
take-offs and 106 landings.
The TPA claims 212 slots available for
commercial service under the NEF are allowable by the Agreement. They base their claim on work done by their
consultant. However, the earliest verifiable
number seen by CommunityAIR is contained in a July 21, 1998 Transport Canada
memo that sets the number of slots available for commercial service at 97.
Defying credibility, the TPA continues to
argue that doubling Transport Canada’s 97 to the TPA consultant’s 212 slots
does not expand the airport into an active commercial airport.
As for the observation that the airport
hosted three different commercial carriers throughout the 1980s and 1990s, a
look at the numbers available proves CommunityAIR’s point that the TPA is
expanding the airport into an active commercial airport.
In 1982, City Centre Airways started the
first airline service using the Dash 7.
Their presence at the airport was the catalyst for the Tripartite
Agreement. Under pressure by the federal
provincial and regional (Metro) governments to develop the airport for
commercial purposes, City Council wanted to keep the airport a manageable mix
of general and limited commercial traffic.
Starting in November 1983 with the purchase
of Air Atonabee, mainly for its licence to fly from the airport to Ottawa, City
Express soon came into being. In 1987,
passenger traffic peaked at 400,000.
In 1989, City Council looked for a way to
stop the airport operator’s plans to triple the number of flights, from 42 to
112. Council suggested that the airport
operators cap the number of flights at 90 per day. Air Ontario, the third commercial carrier in
the 1980s and 1990s was included in the airport plans. Air Ontario, a private company, owned 75 per
cent by Air Canada and 25 per cent by the Deluce family, announced that they
would begin service in April 1990.
Today, the TPA claims that the airport will
handle somewhere north of 1.3 million passengers and plans to allow 212
flights. The 1.3 million passengers is
three times the previous peak number set in 1987. The 212 slots are over double the City
Council cap of 90 and Transport Canada’s 97.
Perhaps the TPA can explain why these greatly increased numbers don’t point to an active commercial airport, especially since they won’t reveal the details explaining how they arrived at 212 slots.
Bob Kotyk
In addition to being unique as part of (and yet a haven from) both heavily populated and huge commercial areas of the Province’s capitol city, the charm of being accessible only by water has been vastly under-rated. The sheer novelty amuses and delights tourists. They throng on the ferry decks and the Islands shores to take pictures of the Toronto skyline. There is absolutely no other comparable way to capture that view at any time of the day or season of the year, as professional photographers constantly demonstrate. Visitors marvel at the swarms of small sailboats in the harbour. They delight in the absence of extreme Disney-type of commercialism in the entertainment area, where families can spend an entire fun-filled day without feeling gouged and let down. It is an utterly fascinating anachronism in big-city life.
Its very existence is imperiled by the TPA and Porter Airlines! They have mounted an incessant, unremitting PR campaign for 10 years! Once again, they are promoting a fixed link to the airport, PLUS a perimeter road! They have not learned that NO means NO. Toronto citizens do not want fixed access OR an expanded airport.
In 2002, former Mayor David Crombie and urban advocate Jane Jacobs joined forces with environmentalists, architects, concerned Toronto citizens and waterfront residents to oppose airport expansion as endangering safety and quality of life. Why has the TPA, with the assistance of the Federal Government, encouraged unwanted and unnecessary expansion of an airport that has always existed mainly as a semi-private shuttle for an elite downtown niche market of well-heeled businessmen, lobbyists and government employees? Pearson is far more practical for anyone traveling from other city areas.
I truly believe that the existence of Toronto Islands as a heritage and green oasis is in peril. At the very least, the question of greatly expanded airport and pedestrian tunnel plus a perimeter road should be included on the ballot for the next municipal election. Since there is a Tripartite Agreement, perhaps provincial and federal politicians should be involved. Meanwhile, the TPA should be ordered immediately by the federal government to put a hold on all further TPA/Island plans and purchases in order to prevent another premature and costly fiasco like the bridge scandal.
Shirley Bush,
In the original email exchange between Mr. Iler and Mr.Wilson, Mr. Wilson attached a letter that appears was intended for posting onthe TPA website. The letter contained aMyth/Fact section refuting CommunityAIR claims. The letter also contained the following, “I think we are both aware thatmany recent allegations made on the CommunityAIR blog are not factuallycorrect, and in our opinion, designed to mislead media and citizens.”
Mr. Iler responded, “You statethat a number of statements made on the CommunityAIR blog are factuallyincorrect, implying that I and our organization do not care about truth. Thatis untrue and defamatory.” Mr.Wilson’s letter did not appear on the TPA website but the TPA’s list of mythsand facts did.
An examination of the first of the TPA’s facts follows.
Fact: Non-STOL aircraft can use the BBTCA, according toamendment of the Tripartite Agreement in 1985, provided they are approved byTransport Canada and the Canadian Transportation Agency. The Bombardier Q400used by Porter Airlines at BBTCA is a Non-STOL aircraft and has received suchapprovals.
Furthermore, commercial jet aircraft are prohibited fromusing the BBTCA under the Tripartite Agreement (the agreement governing theoperational parameters of the BBTCA signed by the TPA, federal government andthe City of Toronto).
The Tripartite Agreement (Agreement) is a contract signed bythree parties: The City of Toronto; Transport Canada; The Toronto PortAuthority. The Agreement allows forgeneral aviation and limited commercial STOL service operations. Each signatory is legally bound by thedocument. The Agreement was signed in1983.
Priorto 1983, the Toronto Harbour Commissioners ran the airport until its 21-yearlease ran out. Senior levels ofgovernment wanted a STOL operation out of the airport and City Council agreedto a limited level of commercial service as detailed in the Agreement. In 1999, the newly instituted Toronto PortAuthority took over all the Toronto Harbour Commissioners rights andobligations.
CityCentre Airways received an air operator licence for a Dash 7 service betweenToronto, Ottawa and Montreal in 1982.
In1985, the Agreement was amended to allow the Dash 8. The Dash 8 at the time of the amendment wasthe 100 series, which carried 37-39passengers. The first Dash 8-100 series plane flew on June 20,1983. It entered airline service in 1984with NorOntair. It was the only Dash 8in existence at the time of the amendment. It is CommunityAIR’s position that the Dash 8-100 series is the onlyDash 8 allowed under the amendment and agreement.
Clearly, the TPA and Transport Canada doesnot agree. They believe the 1985amendment allows for any aircraft certified as a Dash 8 to use the airport fora limited commercial STOL service. It ison this basis that they argue the Q400 is admissible at the airport. Transport Canada’s position is that becausethe Q400 is a derivative of the Dash 8 and because Transport Canada and theCanadian Transportation Agency haveapproved it as such, it is admissible.
The facts that the Q400 is not a STOLaircraft by former Transport Minister’s own admission and that it is far largerand heavier than the Dash 8-100 series and that it has nearly twice thepassenger capacity and that it didn’t exist in 1985 don’t seem to matter.
It is almost as if Transport Canada andthe TPA are saying that the Q400 is admissible because we say it is and we backour claim on a technicality.
As for the TPA’s statement that the TripartiteAgreement prohibits the use of commercial jet aircraft, no one isdisputing it and their reasons for including the obvious are baffling.
Because theTripartite Agreement is a legal document, it would take a legal opinion to sortthe matter out. CommunityAIR isnot a signatory to the agreement so can not challenge Transport Canada’s andthe TPA’s claim in court. The City ofToronto is a signatory. Unfortunately,for whatever reason, they have chosen not to protect their interests and thefuture of Toronto’s waterfront through a court ruling.
Bob Kotyk
DRAINAGE AND DISCHARGE OF MATERIAL
20. The Lesseeshall not discharge, cause or permit to be discharged or
howsoever to pass into the sewer systems, storm drainsor surface drainage facilities at the demised premises, if any, or elsewhereany noxious, contaminated or poisonous substances; it being expresslyunderstood and agreed that in the event of a discharge or escape from thedemised premises of such noxious, contaminated or poisonous substances in andunder the control of the Lessee, the Lessee shall be responsible to clean up tothe satisfaction of the Lessor al no cost to the Lessor.
Mr. Wilson wrote, “I'm afraid your assertion about breaches of theTripartite below (Section 20) is rather incorrect.” Before examining Mr. Wilson’s argumentthat the TPA handles de-icing contaminants in a way that does not contraveneSection 20, a little background is in order.
On March 21, 2002, Dr. Sheila Brasur tabled a staff reportfor the Toronto Board of Health, Management of De-icing Activities at Toronto Lester B. PearsonInternational.
http://www.toronto.ca/health/hphe/pdf/deicingactivities.pdf The report is an update on the measures thatthe Greater Toronto Airport Authority (GTAA) took at Pearson to mitigate thehealth and environmental effects of de-icing fluids discharged into thesanitary sewer system.
The report touches on the composition of the de-icing fluidsand their contaminating effects.
“The activecomponent of aircraft de-icing or anti-icing fluids is ethylene glycol orpropylene glycol. Ethylene glycol is the active component in aircraft de-icingor anti-icing fluids used at Toronto Pearson International Airport. Althoughits toxicity is relatively low and it breaks down readily in the environment,rapid loading of large volumes of de-icing fluids into the surface water bodiescan lead to oxygen depletion, threatening the survival of aquatic life. Ethyleneglycol-based de-icing products are about 3-10 times more toxic to aquaticorganisms than pure ethylene glycol due to the presence of small amounts (about1%) of additives in the formulations. One of these is tolyltriazole, which functions as a corrosion inhibitorand a flame retardant.”
Clearly,untreated de-icing fluids are ‘noxious, contaminated or poisonous substances’.
Pearsonopened their Central De-Icing Facility (CDF) in 1998 and expanded it in1999/2000. The facility’s purpose is tominimize the release ofcontaminants to the surrounding waterways. It does so by minimizingethylene glycol consumption and spillage as well as collecting, treating andsafely disposing of the chemical.
Usinga series of containment tanks and strict analysis, the CDF ensures that the Canadian Environmental ProtectionAct (CEPA) Part IV effluent guideline of 100 mg/L (i.e. 0.01%) at airports ismet before any discharge enters stormsewers.
As MsBrasur’s report points out, the GTAA conducts an annual review of its de-icingoperations and based on the findings endeavours to improve its operations andstormwater management plans. The Compliance Manager for theOntario Clean Water Agency visits the facility weekly and is on 24-hour call totrouble shoot. The GTAA also allows Toronto Public Health to examineits facility.
TheToronto Port Authority’s de-icing contaminant procedures are not quite asdetailed. The Authority’s website http://www.torontoport.com/PortAuthority/airport_facts.aspoffers this description. “TCCA has had a water sampling and mitigationprogramme in place since 1992. All storm water discharged into Lake Ontario isclosely monitored and tested. TCCA has created a new Glycol Containment Areawhere the run-off goes directly into storm sewers connected to Metro TorontoSanitary Sewage Network.”
Anothersource, the TPA’s consultant, Dillon Consulting Limited, wrote, “The Aircraftde-icing is carried out within specified areas of the terminal ramp wheresurface runoff is directed to a glycol collection system. This system ensuresthat there is no discharge to the surrounding water areas. The glycol/watermixture is discharged via the Metropolitan Toronto Sanitary Sewer system fortreatment.” Source: Proposed Fixed Link Bridge to the TCCA, Final Ea Screening Report, P.45 Appendix A, Toronto Port Authority, August, 2003.
Mr. Wilson’s March 10, 2010 email doesn’t shed much more light on thematter. He wrote, “The removal of deicing fluid does not enterthe sewer system. Thisliquid waste or deicing fluid is collected through a series of catch basins onthe main apron which is separate from the storm water drainage sewers anddischarge areas. From thecatch basin, the drainage flows to the Island’s sanitary treatment facility asper the Tripartite Agreement. Sampling and analysis is conducted in order to confirm compliance withapplicable Sewer Use By-Laws.”
There areproblems with either Mr. Wilson’s understanding of the TPA’s handling of thede-icing fluid or with the TPA’s mitigating measures themselves.
For onething, there is no Island sanitary treatment facility. By Mr. Wilson’s admission, the TPA is dumpingthe liquid waste into the sanitary sewer system. It flows into the Ashbridges Bay facility.
Foranother thing, although the airport’s discharge is sampled and analyzed, thereis no indication that it is recycled or treated to meet the CEPA guideline,applicable sewer use bylaws notwithstanding.
Incomparing the available information on the treatment of de-icing fluid at thetwo airports, we can readily see that the GTAA has a transparent,sophisticated, effective process that invites outside scrutiny. On the other hand, the TPA’s process remainslittle known or understood and depends on insiders and second party sources todescribe its basic workings.
We candraw a parallel between the TPA’s openness on its treatment of de-icing fluidand on its position on the number of slots available for commercial air carriersusing the airport. In both cases itappears to be, ‘trust us; our consultants assure us that what we say willfly’. As long as the TPA operates in thesame secretive manner, it will be open to charges that it’s contravening theTripartite Agreement.
In the case of de-icing fluidentering the sewer system, the TPA’s word is not good enough. The TPA must open its doors to Toronto PublicHealth and the Ontario Clean Water Agency.
Bob Kotyk