EPA Implements Clean Air Act Authority to Finalize Greenhouse Gas Emission Standards for Aircraft – Lexology

EPA Implements Clean Air Act Authority to Finalize Greenhouse Gas Emission Standards for Aircraft – Lexology

On January 11, 2021, the U.S. Environmental Protection Agency (“EPA”) issued the first-ever U.S. greenhouse gas (“GHG”) emission standards for aircraft (the “Standards”). The Standards align with the United Nations International Civil Aviation Organization’s (“ICAO”) carbon dioxide (“CO2”) emission standards adopted in 2017 and ensure that U.S.-manufactured airplanes will be able to be marketed and flown around the world.

As noted in the EPA’s Fact Sheet, these harmonized standards provide global consistency and ensure that all aircraft manufacturers meet the same international standards. The EPA noted that, prior to the Standards, aircraft remained the single largest GHG-emitting transportation source not yet subject to GHG standards in the U.S.

The Standards address subsonic jet airplanes with a maximum takeoff mass (“MTOM”) greater than 5,700 kilograms and subsonic propeller driven airplanes with a MTOM greater than 8,618 kilograms. This includes larger business jets through the largest commercial aircraft and is consistent with aircraft covered by the ICAO standards.

New aircraft designs, for which a type certificate application is submitted to the Federal Aviation Administration (“FAA”) on or after January 11, 2021, must comply with the Standards upon application. New type designs for aircraft with an MTOM of 60,000 kilograms or less and nineteen or fewer passenger seats must comply by January 1, 2023. In-production airplanes (i.e., newly-manufactured airplanes with designs for which a type application was applied before January 11, 2021) must comply with the Standards by January 1, 2028. The Standards do not apply to airplanes already manufactured or currently in use.

In instituting this action, the EPA is implementing its authority under sections 231 and 232 of the Clean Air Act (“CAA”), under which the EPA can propose aircraft emission standards and then prescribe regulations ensuring compliance with those regulations. In 2016, the EPA
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