Oregon Attorney General Supports Endangerment Finding for Leaded Aviation Fuel

The Attorneys General of California, Connecticut, the District of Columbia, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Vermont, and Wisconsin write in support of the proposed action entitled, "Proposed Finding That Lead Emissions From Aircraft Fuel Cause or Contribute to Air Pollution That May Reasonably Be Anticipated to Endanger Public Health and Welfare," 87 Fed. Reg. 62,753 (Oct. 17, 2022) (Proposed Endangerment Finding).

The Proposed Endangerment Finding declares, pursuant to the Clean Air Act, that emissions from the combustion of leaded aviation gasoline (avgas) in piston-engine planes cause or contribute to lead air pollution that may reasonably endanger the public health and welfare. If finalized, the Proposed Endangerment Finding will require the United States Environmental Protection Agency (EPA) to promulgate long-overdue lead emission standards and regulations for piston-engine planes that are compatible with the agency's final endangerment determination. A final endangerment determination will also require the Federal Aviation Administration (FAA) to establish aircraft fuel standards that are consistent with EPA's aircraft lead emission standards.

Our comments demonstrate that: (1) avgas poses serious public health and environmental justice concerns for states; (2) EPA should act swiftly to finalize the Proposed Endangerment Finding to protect communities in close proximity to general aviation airports from lead air pollution; and (3) EPA should initiate the emission standards rulemaking for lead in piston-engine planes as quickly as possible so that affected communities can benefit from the timely implementation of regulations addressing avgas. The Proposed Endangerment Finding is an overdue and crucial first step toward fulfilling the statutory goal set forth in 42 U.S.C. § 7571 (a)(1) of controlling the emission of harmful air pollutants from aircrafts.

It is well documented that lead pollution damages human health and the environment, so much so that the scientific consensus is there is no safe blood level in children...Lead toxicity is also capable of damaging nearly every organ system in the human body. These deleterious health effects are exacerbated by lead's ability to persist in the air, water, and soil for long periods of time and move from one environmental medium to another, creating multiple, cumulative exposure pathways. (Pg. 2)

Piston-engine planes powered by leaded avgas are responsible for nearly three-quarters of lead emissions nationwide. The most recent national emissions data from EPA shows these planes released more than 930,000 pounds of lead into the atmosphere in 2017. (Pg. 3)

PAFI [Piston Aviation Fuels Initiative] has led the FAA to certify various unleaded fuels, including the two most recent fuel replacements for leaded avgas: UL94 (a high-octane fuel alternative manufactured by Swift Fuels) and G100UL (a "drop-in-ready" 23 fuel alternative manufactured by General Aviation Modifications, Inc.). As of September 2022, the G100UL fuel has been approved for use in all "spark ignition piston-engines and every plane powered by those engines." The UL94 fuel has been approved for use in 66 percent of piston-engine planes. (pg. 5)

Lead pollution from avgas is a grave public health concern for every jurisdiction in the country. (Pg. 6)

A study that examined the relationship between lead pollution from avgas and children's blood lead levels observed that high blood lead levels were associated with residing in low-income or segregated communities. (Pg. 15)

EPA's 2020 analysis of populations residing or attending school near airports shows that low-income and non-white racial and ethnic groups are overrepresented in the neighborhoods closest to lead-emitting airports. Delaying a final endangerment determination for lead avgas beyond 2023 will prolong these alarming public health and environmental injustices. (Pg. 15)

...EPA should commit to acting swiftly to adopt lead emission standards for piston-engine planes by announcing an aggressive timeframe for initiating a rulemaking, much as the agency did in January 2022 when it announced a timeframe for evaluating whether leaded avgas warrants an endangerment finding. Without a timely emission standards rulemaking for leaded avgas, the Proposed Endangerment Finding and final endangerment determination will fail to fulfill EPA's mission and obligation to protect public health and welfare. (Pg. 16)