EPA FINALIZES LEADED AVIATION FUEL ENDANGERMENT FINDING

November 27, 2023

The Environment Protection Agency (EPA) released its final “endangerment finding” on leaded aviation fuel, which will trigger legal requirements for EPA and the FAA to issue additional regulations to address lead emissions — though no new requirements are being imposed in the immediate future. Most aircraft, including jets, burn unleaded fuels.  But some smaller aircraft with piston engines — including planes that typically carry fewer than 10 passengers and certain helicopters — burn a type of fuel known as “avgas” that still contains lead. There is no known safe level for lead, which harms cognitive development in children and is linked to cardiovascular, kidney and reproductive issues in adults. The finding means that the EPA must now issue emissions standards for aircraft that consume avgas. The FAA is also required to develop fuel standards to reduce or eliminate lead emissions. The FAA last year launched a program to promote lead-free alternative fuels and has already approved an unleaded alternative that can be used by most piston-engine aircraft, but it is not commercially available. It has also approved a lower octane fuel that is available at 35 airports.  FAA plans to initiate a rulemaking aimed at controlling or eliminating aviation lead emissions from piston engine aircraft.

If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.comDrew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Jay Julien Photo Washington, D.C.

Jay Julien

Associate - Washington, D.C.

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