Follows EPA Denial Of Rulemaking Petition For Regulation Of Lead Emissions From Aircraft

Three environmental groups have filed a petition seeking a reconsideration of the EPA's denial of Friends of the Earth’s October 3, 2006 petition for rulemaking seeking the regulation of lead emissions from general aviation aircraft.

The groups include the Friends of the Earth; Physicians for Social Responsibility; and Oregon Aviation Watch. In their petition, they say that the only showing required for a finding of endangerment is that lead emissions from aircraft engines fueled by leaded aviation gasoline cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare. In this case, the groups hold, both prongs of that test have been met.

"By categorizing lead as a criteria pollutant and promulgating National Ambient Air Quality Standards (“NAAQS”) for lead, EPA has already determined conclusively that lead is a pollutant that may reasonably be anticipated to endanger public health or welfare," the filing states. "EPA also has determined that lead emissions from aircraft engines fueled by leaded aviation gasoline constitute the largest single contributing source to overall airborne lead pollution.

"In so doing, EPA has established that emissions from aircraft using leaded aviation gasoline cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare. There is no need for further study. EPA has all of the evidence it needs to make an endangerment finding."

The groups say that EPA appears to be delaying rulemaking based on issues related to the nature of the industry, fuel supply, noise, or fuel safety. "This delay is inappropriate," the document states. "Pursuant to Section 231 of the Clean Air Act, EPA considers noise and safety concerns in consultation with the FAA after proposing regulations, not before. However, it is worth noting that much work has been done to prepare the way for rulemaking.

"New unleaded fuels are in development, and 75% to 80% of piston engine aircraft no longer require leaded fuel at all. When it finds endangerment, EPA can and should encourage the immediate use of unleaded fuels to start reducing the lead emissions from aviation gasoline as soon as possible.

"ead emissions from general aviation aircraft contribute to air pollution which may reasonably be anticipated to endanger public health or welfare. Therefore, EPA should reconsider its refusal to make an endangerment finding and should initiate rulemaking procedures to establish standards for the emission of lead from aircraft engines."

FMI: Full Petition