Regulatory Alert: FAA Proposes New Certification Requirements to Implement Airplane GHG Emissions Standards
June 15, 2022
The Federal Aviation Administration (FAA) proposed new certification requirements to ensure that manufacturers comply with greenhouse gas (GHG) emissions standards, which were finalized early last year by the U.S. Environmental Protection Agency (EPA), when seeking FAA type certification approval of new airplanes. In a press release, FAA emphasized that the goal of the proposal is to reduce GHG emissions emitted by most of the large airplanes flying in this country. FAA also touted that the proposed rule is part of the Administration's “U.S. Aviation Climate Action Plan,“ which seeks to achieve net-zero GHG emissions from the aviation industry by 2050. 
Background. In 2016, 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 airplane carbon dioxide (CO2) standards adopted by the International Civil Aviation Organization (ICAO) in 2017. For additional details, you can read our December 28, 2020 Regulatory Alert. 
Overview of FAA's Proposed Rule. While EPA developed the substantive emissions standards, FAA has the responsibility to ensure that airplane manufacturers are complying with the standards during the agency's aircraft certification process. The proposal released today by FAA outlines the new “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 would be expected to demonstrate compliance with the emissions standards. Under the proposal, the requirements would only apply to new airplanes seeking FAA approval and new airplanes produced after January 1, 2028. 
What's Next? FAA published the proposed rule in the Federal Register today. Industry stakeholders and the public are permitted to submit comments on or before August 15. FAA will then adjudicate the feedback and finalize the fuel efficiency certification requirements, likely in mid-to-late 2023. 
Additional Information
• FAA's Proposed Rule on Airplane Fuel Efficiency Certification Requirements 
• FAA's Press Release on Airplane Fuel Efficiency Certification Requirements 
• EPA's GHG Emissions Final Rule (Jan. 11, 2021) 
• EPA's Fact Sheet on GHG Emissions Rule 
• AAAE November 9, 2021 Regulatory Alert on U.S. Aviation Climate Action Plan 
• AAAE December 28, 2020 Regulatory Alert on EPA's GHG Emissions Final Rule 
• AAAE July 22, 2020 Regulatory Alert on EPA's GHG Emissions Proposed Rule 
The Federal Aviation Administration (FAA) proposed new certification requirements to ensure that manufacturers comply with greenhouse gas (GHG) emissions standards, which were finalized early last year by the U.S. Environmental Protection Agency (EPA), when seeking FAA type certification approval of new airplanes. In a press release, FAA emphasized that the goal of the proposal is to reduce GHG emissions emitted by most of the large airplanes flying in this country. FAA also touted that the proposed rule is part of the Administration's “U.S. Aviation Climate Action Plan,“ which seeks to achieve net-zero GHG emissions from the aviation industry by 2050. 
Background. In 2016, 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 airplane carbon dioxide (CO2) standards adopted by the International Civil Aviation Organization (ICAO) in 2017. For additional details, you can read our December 28, 2020 Regulatory Alert. 
Overview of FAA's Proposed Rule. While EPA developed the substantive emissions standards, FAA has the responsibility to ensure that airplane manufacturers are complying with the standards during the agency's aircraft certification process. The proposal released today by FAA outlines the new “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 would be expected to demonstrate compliance with the emissions standards. Under the proposal, the requirements would only apply to new airplanes seeking FAA approval and new airplanes produced after January 1, 2028. 
What's Next? FAA published the proposed rule in the Federal Register today. Industry stakeholders and the public are permitted to submit comments on or before August 15. FAA will then adjudicate the feedback and finalize the fuel efficiency certification requirements, likely in mid-to-late 2023. 
Additional Information
• FAA's Proposed Rule on Airplane Fuel Efficiency Certification Requirements 
• FAA's Press Release on Airplane Fuel Efficiency Certification Requirements 
• EPA's GHG Emissions Final Rule (Jan. 11, 2021) 
• EPA's Fact Sheet on GHG Emissions Rule 
• AAAE November 9, 2021 Regulatory Alert on U.S. Aviation Climate Action Plan 
• AAAE December 28, 2020 Regulatory Alert on EPA's GHG Emissions Final Rule 
• AAAE July 22, 2020 Regulatory Alert on EPA's GHG Emissions Proposed Rule 
 
