On June 10, 2015, EPA proposed an endangerment finding that it calls "a
preliminary but necessary first step to begin to address GHG
emissions from the aviation sector" under the Clean Air Act
("CAA"). EPA also issued an Advance Notice of Proposed Rulemaking
("ANPR") proposing domestic adoption of the forthcoming
International Civil Aviation Organization ("ICAO") rules,
which are expected in February 2016. The proposed finding that
greenhouse gas ("GHG") emissions from certain classes of
aircraft engines contribute to climate change and endanger public health and
welfare is in response to a citizen petition and exempts military
and smaller aircraft, including most private aircraft.
It is not clear from the finding whether EPA is seeking to regulate
only domestic operators or whether it will also attempt to regulate
international parties operating in the United States. While the
Obama administration likely will not have time to promulgate
regulations before leaving office, once EPA finalizes the
endangerment finding, the CAA requires the new administration's
EPA to issue standards of some kind regulating aircraft emissions
from the identified classes of engines. There has been industry
concern that, because EPA must act on a finalized endangerment
finding, if ICAO fails to meet its February 2016 deadline, EPA will
be forced to promulgate its own rules, possibly leading to the
piecemeal regulation ICAO's international efforts seek to
avoid.
The aviation industry has been proactive in reducing carbon
emissions. The International Air Transport Association
("IATA"), the world's largest aviation trade group,
has set goals to stabilize net carbon dioxide emissions by 2020 and halve
carbon dioxide emissions by 2050. In the area of technology, IATA
believes that aviation biofuels can reduce carbon
dioxide emissions by up to 80 percent over their full
lifecycle. In the area of operations efficiency, Boeing, Alaska
Airlines, the Port of Seattle, and FAA have worked together on the
Greener Skies over Seattle program to reduce emissions by improving
flight protocols, with the goal of using these protocols as a template for improving
efficiency across the United States.
In its call for input, EPA is taking comment on when carbon
standards should take effect, how stringent they should be, and
whether standards should apply only to newly designed aircraft or
to designs already in production. Comments are due by August 31,
2015, at 11:59 p.m., EST. A public hearing will be held in
Washington, D.C. on August 11, 2015.
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