FAA Issues Final Rule to Implement Updated Airplane GHG Emissions Standards
On February 16, the Federal Aviation Administration (FAA) released a final rule aimed at curbing greenhouse gas emissions (GHG) from large aircraft operating within U.S. airspace. This rule imposes additional fuel efficiency certification criteria for jet aircraft, large turboprop aircraft, and propeller aircraft that have yet to be certified. The rule applies to newly manufactured airplanes produced after January 1, 2028, and seeks to align U.S. regulations with the 2017 ICAO carbon dioxide (CO2) emission standards. More generally, the rulemaking is part of the Biden Administration's 'U.S. 2021 Aviation Climate Action Plan,' which seeks to achieve net-zero GHG emissions from the aviation industry by 2050.
The rule, which can be viewed here, will take effect on April 16.
Background. In 2016, the U.S. Environmental Protection Agency (EPA) issued findings that GHG emissions from certain types of aircraft engines contribute to air pollution that endangers public health and welfare under the terms of the Clean Air Act. This determination obligated EPA to propose and adopt GHG emissions standards for certain airplane engines. In January 2021, EPA finalized a rule that established these standards for engines that are used in subsonic jet and turboprop airplanes exceeding a certain maximum takeoff weight. EPA's standards are consistent with CO2 standards adopted by ICAO in 2017.
In 2022, FAA proposed new certification requirements to ensure that manufacturers of new aircraft comply with GHG emission standards imposed by EPA. In a press release, FAA emphasized that the goal of the proposal was to reduce GHG emissions emitted by most of the large airplanes flying in the country.
Overview of FAA's Final Rule. FAA is responsible for establishing and ensuring that airplane manufacturers comply with emissions standards during the aircraft certification process. The final rule establishes 'fuel efficiency' certification requirements that manufacturers will have to comply with when seeking type certification approval of a new airplane. It also includes details on how manufacturers are expected to demonstrate compliance with the emissions standards.
The final rule applies to the following certification circumstances: (1) new (original) type certification; (2) upon manufacture of any covered airplane after January 1, 2028; or (3) when a modification to a covered airplane meets change criteria specified in the regulations. The rule does not apply to (1) airplanes used for firefighting; (2) amphibious airplanes; (3) airplanes lower than a specific size; (4) reciprocating engine airplanes; (5) non-pressurized airplanes; and (6) certain specialized operations airplanes.
What's Next? FAA published the final rule in the Federal Register today. The rule is scheduled to take effect on April 16.
