Regulatory Alert: EPA Finalizes GHG Emissions Standards for Aircraft
December 28, 2020
Today the U.S. Environmental Protection Agency (EPA) released a final rule that establishes greenhouse gas (GHG) emission standards for engines that are used in subsonic jet and turboprop airplanes exceeding a certain maximum takeoff weight. The standards will only apply to new type design airplanes and in-production airplanes, and are consistent with the airplane carbon dioxide (CO2) standards adopted by the International Civil Aviation Organization (ICAO) in 2017. The rule fulfills EPA's obligations to propose and adopt GHG emissions standards for certain airplane engines after the agency found in 2016 that such emissions have contributed to air pollution and the endangerment of public health and welfare under the Clean Air Act.
As part of today's announcement, EPA noted that adoption of these emission standards is critical for allowing U.S. airplane manufacturers to seek the appropriate certification from Federal Aviation Administration (FAA) rather than from a foreign civil aviation authority. In a separately issued statement today from FAA, the agency indicated that they welcome the new standards and intend to promulgate a proposed rulemaking in 2021 to incorporate the requirements into its regulations for certifying new airplanes. This will allow FAA to enforce the standards moving forward.
The final rule will go into effect upon publication in the Federal Register, which is expected to occur within the next week or so.
Additional Information
If you have any questions or comments, please contact Justin Barkowski.
Today the U.S. Environmental Protection Agency (EPA) released a final rule that establishes greenhouse gas (GHG) emission standards for engines that are used in subsonic jet and turboprop airplanes exceeding a certain maximum takeoff weight. The standards will only apply to new type design airplanes and in-production airplanes, and are consistent with the airplane carbon dioxide (CO2) standards adopted by the International Civil Aviation Organization (ICAO) in 2017. The rule fulfills EPA's obligations to propose and adopt GHG emissions standards for certain airplane engines after the agency found in 2016 that such emissions have contributed to air pollution and the endangerment of public health and welfare under the Clean Air Act.
As part of today's announcement, EPA noted that adoption of these emission standards is critical for allowing U.S. airplane manufacturers to seek the appropriate certification from Federal Aviation Administration (FAA) rather than from a foreign civil aviation authority. In a separately issued statement today from FAA, the agency indicated that they welcome the new standards and intend to promulgate a proposed rulemaking in 2021 to incorporate the requirements into its regulations for certifying new airplanes. This will allow FAA to enforce the standards moving forward.
The final rule will go into effect upon publication in the Federal Register, which is expected to occur within the next week or so.
- EPA's GHG Emissions Final Rule
- EPA's Press Release on GHG Emissions Final Rule
- FAA's Statement on EPA's GHG Emissions Rule
- EPA's Fact Sheet on EPA's GHG Emissions Rule
- AAAE July 22, 2020 Regulatory Alert on EPA's Proposed Rule
If you have any questions or comments, please contact Justin Barkowski.
