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This rulemaking follows on the EPA's final endangerment and cause or contribute findings for aircraft greenhouse gas (GHG) emissions, which was published on August 15, 2016 (81 FR 54422). As a result of these positive findings, the EPA is obligated under section 231 of the Clean Air Act to set emission standards applicable to GHG emissions from the classes of aircraft engines used in certain types of aircraft covered in the finding. The International Civil Aviation Organization (ICAO) adopted international aircraft CO2 standards in 2017. On August 20, 2020 (85 FR 51556), the EPA proposed GHG standards that would align with ICAO's standards.

Statement of Need:

Aircraft remain the single largest GHG-emitting transportation source not yet subject to GHG standards in the United States and are responsible for emitting 11 percent of GHG emissions from the U.S. transportation sector and 3 percent of total U.S. GHG emissions. This rulemaking follows on our final endangerment and cause or contribute findings for aircraft GHG emissions which was finalized in August 2016. As a result of these positive findings, the EPA is obligated under section 231 of the Clean Air Act to set emission standards applicable to GHG emissions from certain classes of aircraft engines used in certain aircraft included in the contribution finding. In addition, the EPA anticipates that the 39th ICAO Assembly will approve a final aircraft CO2 emissions standard in October 2016, and that subsequently, ICAO will formally adopt the final CO2 emissions standard in March 2017. Once an international standard is approved and finalized by ICAO, member states, including the United States, that wish to use aircraft in international transportation will then be required under the Chicago Convention to adopt standards that are of at least equivalent stringency to those set by ICAO.

Summary of the Legal Basis:

Section 231(a)(2)(A) of the Clean Air Act directs the Administrator of the EPA to, from time to time, propose aircraft engine emissions standards applicable to the emissions of any air pollutants from classes of aircraft engines which in her judgment cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Section 231(a)(2)(B) directs EPA to consult with the Administrator of the Federal Aviation Administration (FAA) on such standards, and prohibits EPA from changing aircraft emissions standards if such a change would significantly increase noise and adversely affect safety. In August 2016, EPA published two findings (81 Federal Register 54422) that emissions of GHGs from certain classes of engines used in certain aircraft contribute to air pollution, that may reasonably be anticipated to endanger public health and welfare. As a result of these positive findings, the EPA is obligated under section 231 of the Clean Air Act to set emissions standards applicable to GHG emissions from certain classes of aircraft engines used in certain aircraft included in the contribution finding.

Alternatives:

EPA may identify regulatory alternatives that can be considered in addition to the Agency's primary proposal.

Anticipated Costs and Benefits:

There would only be limited reporting costs from the proposed annual reporting requirement and no additional benefits from complying with these proposed standards beyond the benefits from maintaining consistency or harmonizing with the international standards.

Risks:

TBD