EPA ISSUES FINAL AVIATION EMISSIONS
January 11, 2021
On December 23, 2020, the Environmental Protection Agency (EPA) issued a final rule on “Control of Air Pollution from Airplanes and Airplane Engines: GHG Emission Standards and Test Procedures”, available here. Under the rule, EPA is adopting greenhouse gas (GHG) emission standards, equivalent to the airplane carbon dioxide (CO2) standards that were adopted by the International Civil Aviation Organization (ICAO) in 2017, applicable to certain classes of engines used by certain civil subsonic jet airplanes with a maximum takeoff mass greater than 5,700 kilograms and by certain civil larger subsonic propeller-driven airplanes with turboprop engines having a maximum takeoff mass greater than 8,618 kilograms. The timing and stringencies of the standards differ depending on whether the covered airplane is a new type design (i.e., a design that has not previously been type certificated under 14 CFR) or an in production model (i.e., an existing design that had been type certificated under 14 CFR prior to the effective date of the GHG standards). The standards for new type designs apply to covered airplanes for which an application for certification is submitted to the FAA on or after publication of the final rule in the federal register, while the in-production standards apply to covered airplanes beginning January 1, 2028. The rule will become immediately effective upon being published in the federal register.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).