Petition Requesting Rulemaking To Limit Lead Emissions from General Aviation Aircraft; Request for Comments
[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Proposed Rules]
[Page 64570-64573]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no07-20]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 87
[EPA-HQ-OAR-2007-0294; FRL-8495-4]
Petition Requesting Rulemaking To Limit Lead Emissions from
General Aviation Aircraft; Request for Comments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of petition for rulemaking.
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SUMMARY: Friends of the Earth has filed a petition with EPA, requesting
that EPA find pursuant to section 231 of the Clean Air Act that lead
emissions from general aviation aircraft cause or contribute to air
pollution that may reasonably be anticipated to endanger public health
or welfare and that EPA propose emissions standards for lead from
general aviation aircraft. Alternatively, Friends of the Earth requests
that EPA commence a study and investigation of the health and
environmental impacts of lead emissions from general aviation aircraft,
if EPA believes that insufficient information exists to make such a
finding. The petition submitted by Friends of the Earth explains their
view that lead emissions from general aviation aircraft endanger the
public health and welfare, creating a duty for the EPA to propose
emission standards. EPA invites information and comments from all
interested parties on the issues raised by this petition.
DATES: Comments must be received on or before March 17, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0294, by one of the following methods:
• http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
• Email: a-and-r-docket@epa.gov, Attention Docket ID No.
OAR-2007-0294.
• Fax: (202) 566-9744
• Mail. Send your comments to: Air and Radiation Docket,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Attention: Docket ID No. OAR-2007-0294.
• Hand Delivery. Deliver your comments to: Air and Radiation
Docket in the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC, Attention: Docket ID No. OAR-
2007-0294. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2007-0294. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov. The
http://www.regulations.gov website is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air and Radiation Docket
in the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC, Docket ID No. OAR-2007-0294.
This docket is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is (202) 566-1744, and the telephone number for the Air and
Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Bryan Manning, Assessment and
Standards Division, Office of Transportation and Air Quality, 2000
Traverwood Drive, Ann Arbor, MI 48105; telephone number: 734-214-4832;
fax number: 734-214-4816; e-mail address: manning.bryan@epa.gov,
Assessment and Standards Division Hotline; telephone number: (734) 214-
4636; e-mail address: asdinfo@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly
[[Page 64571]]
mark the part or all of the information that you claim to be CBI. For
CBI information in a disk or CD-ROM that you mail to EPA, mark the
outside of the disk or CD-ROM as CBI and then identify electronically
within the disk or CD-ROM the specific information that is claimed as
CBI). In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
• Identify the appropriate docket identification number in
the subject line on the first page of your response. It would also be
helpful if you provided the name, date, and Federal Register citation
related to your comments.
• Explain your views as clearly as possible.
• Describe any assumptions and provide any technical
information and/or data that you used.
• If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
• Provide specific examples to illustrate your concerns, and
suggest alternatives.
• Make sure to submit your comments by the comment period
deadline identified.
II. The Friends of the Earth Petition
This notice is seeking comment on and information related to a
petition for an EPA finding and rulemaking and collateral relief from
the Friends of the Earth. This petition is seeking the regulation of
lead emissions from piston-powered general aviation aircraft under
section 231 of the Clean Air Act. The complete petition of Friends of
the Earth is available from their Web site, the docket, from the EPA
Web site at: http://www.epa.gov/otaq/aviation.htm, or from the individual
listed under FOR FURTHER INFORMATION CONTACT above.
Friends of the Earth is an environmental advocacy organization
headquartered in Washington, DC. The petition they submitted concerns
the use of leaded aviation gasoline in piston-powered general aviation
aircraft in the U.S. Friends of the Earth believes that ``EPA action
regarding lead in general aviation aircraft is long overdue. Studies
increasingly show that lead in any quantity threatens the public
welfare. Lead emissions from general aviation aircraft constitute a
substantial proportion of all current lead air emissions. As a result
of the use of leaded aviation gasoline, humans and ecological receptors
at or near general aviation airports may be exposed to elevated levels
of lead.''
Friends of the Earth contends that ``safe unleaded alternatives to
aviation gasoline do exist. Since 1999, the research and development
process has produced unleaded fuels that have received approval from
the FAA for current use. Tens of thousands of low-performance aircraft
have received supplemental type certificates allowing them to run on
unleaded automobile gasoline (commonly referred to as mogas in the
aviation community). Additionally, a mogas alternative, 82UL, has been
developed for use by some low-performance planes. The combination of
these two fuels can be utilized by nearly seventy percent of all
piston-driven aircraft. Additionally, the FAA allows a select number of
planes to run on an ethanol based aviation fuel (AGE85); the remaining
thirty percent of general aviation planes can potentially use this
unleaded gasoline.''
The Friends of the Earth petition was addressed to EPA. Both EPA
and the FAA have specific statutorily defined roles regarding aviation.
EPA through section 231 of the Clean Air Act can make findings
regarding air pollution emissions from aircraft and set standards
regulating such emissions and FAA has the statutory authority to
regulate the fuel used in aircraft (49 U.S.C. 44714). By this Notice,
EPA is soliciting comment on the petition, specifically on the points
discussed in the section ``Request for Comments'' presented below. EPA
will use this information in its statutory assessment of whether lead
emissions from piston-powered general aviation cause or contribute to
air pollution that may reasonably be anticipated to endanger public
health or welfare.
III. Background Regarding Lead in Aviation Fuel
In a variety of chemical forms and exposure pathways, lead has long
been recognized as causing serious adverse health effects. In 1978 EPA
established a National Ambient Air Quality Standard for lead of 1.5
micrograms per cubic meter, as a maximum quarterly average. Research
completed since that time, discussed in EPA's Air Quality Criteria
Document for Lead (2006) indicates that health effects of lead occur at
blood lead levels lower than those previously reported and include
concerns not previously studied (available at http://www.epa.gov/ncea). The
adverse effects of lead include neurotoxic effects (e.g., IQ loss in
children), effects on the immune system, red blood cell production,
cardiovascular system, kidney, bones, teeth and reproductive and
developmental systems. EPA is currently conducting a review of the
NAAQS which has included the assessment of health and welfare effects
of lead documented in the Air Quality Criteria Document for Lead
(2006). Integral to the NAAQS review are decisions regarding the
adequacy of the current standard for lead and whether the Agency should
retain or revise it. Consistent with the court order regarding this
review, the review and regulatory development process will be completed
by September 1, 2008. Additional information about the review is available
at: http://www.epa.gov/ttn/naaqs/standards/pb/s_pb_index.html.
Thirty-five years ago, cars and trucks were the major contributors
of lead emissions to the air. In the 1970s, EPA set national
regulations to gradually reduce the lead content in gasoline. In 1974,
unleaded gasoline was introduced for motor vehicles equipped with
catalytic converters. EPA banned the use of leaded gasoline in highway
vehicles after December 1995. As a result of EPA's regulatory efforts
to remove lead from gasoline, emissions of lead from the transportation
sector have dramatically declined (96 percent between 1980 and 2005).
The large reductions in lead emissions from motor vehicles have changed
the nature of the air quality lead problem in the United States.
Industrial processes, particularly primary and secondary lead smelters,
utility boilers, and battery manufacturers taken together, are now
responsible for most lead emissions into the atmosphere.
Currently, tetraethyl lead (TEL) is added to gasoline used in most
piston-engine powered aircraft. The 2002 National Emissions Inventory
(NEI) estimates that lead emissions from the use of leaded aviation
gasoline (commonly referred to as avgas) are 491 tons; this accounts
for 29 percent of the air pollution emissions inventory for lead, and
is overall, the largest source category. This estimate is based on the
Department of Energy estimate of about 281 million gallons of avgas
supplied in the U.S. in 2002 (data available at
www.tonto.eia.doe.gov/dnav/pet/hist/mgaupus1A.htm). In 2006 the volume
of avgas supplied in the U.S. was about 280 million gallons. The
majority of avgas contains up to 0.56 grams of lead per liter (2.12
grams of lead/gallon). This is referred to as 100 Low Lead (100LL).
There is another grade of 100
[[Page 64572]]
octane avgas that contains 1.12 grams of lead per liter, but this
product is not widely available.
According to the Federal Aviation Administration (FAA) General
Aviation and Air Taxi Activity and Avionics (GAATAA) survey (2005),
there were over 190,000 piston-engine powered aircraft engaged in
flight operations in the U.S. in 2005; these aircraft comprised
approximately 90 percent of the aircraft in the general aviation fleet.
In 2005, approximately 29 million landing and take-off events (58
million total operations) were conducted by piston-engine powered
aircraft. Among the total hours flown by general aviation aircraft,
about 68 percent occurred in a piston-engine powered aircraft.
According to the General Aviation Manufacturers Association (GAMA),
there were approximately 2,750 new piston-engine powered aircraft
manufactured in 2006. This is the largest production volume over the
past ten years and reflects an average annual increase in sales that
ranged from eight to 43 percent during the preceding 10-year period
except for 2001 and 2002. GAMA estimates that the average piston-engine
powered aircraft is 35-40 years old.
Avgas and automotive unleaded gasoline are both derived and blended
from the refining of petroleum. However, due to the different nature of
engine designs and operating environments these two types of gasoline
are different in their chemical composition. Avgas is refined and
blended to meet ASTM specification D910 while automotive unleaded
gasoline (commonly referred to as mogas) meets ASTM specification
D4814. Generally, avgas is transported independent of other fuel to
avoid cross-contamination and to maintain the tight specifications of
avgas required for proper engine operation in general aviation
applications. TEL is added to avgas to increase octane, prevent
knock,\1\ and prevent valve seat recession and subsequent loss of
compression for engines without hardened valves. Lead and other
additives are added downstream of the refinery; most avgas is
distributed by truck directly from the refinery to the bulk gasoline
terminals or bulk plants or to the storage tanks and refueling
equipment at airports.
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\1\ Knocking is the sound produced when some of the unburned
fuel in the cylinder ignites spontaneously resulting in rapid
burning and a precipitous rise in cylinder pressure that creates the
characteristic knocking or pinging sound (Chevron 2005 available at:
http://www.chevronglobalaviation.com/docs/aviation_tech_review.pdf).
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Most piston engines used in general aviation are type certified by
FAA for the use of leaded avgas (mostly 100LL). The FAA has issued
supplemental type certificates (STCs) qualifying piston engines used in
general aviation to use unleaded avgas. There are two types of unleaded
gasoline reflected in these STCs. The first type of unleaded gasoline
which can be used under STCs is ethanol-free unleaded automotive
gasoline (mogas). Most aircraft using this mogas have low-compression
engines which were originally certified to run on leaded 80/87 avgas
and require only 87 antiknock index gasoline. The second type is known
as 82UL avgas, which is unleaded fuel similar to automobile gasoline
but without additives. It may be used in aircraft that have an STC for
the use of automobile gasoline with an aviation lean octane rating of
82 or less or an antiknock index of 87 or less. ASTM specification
D6227 has been established for 82UL but this fuel has not yet been
produced for general distribution.\2\ About 97 percent of gasoline used
in piston-engine powered aircraft is leaded avgas, mostly 100LL. The
remaining three percent is ethanol-free unleaded automotive gasoline
(mogas).
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\2\ 82UL has not yet been produced for general distribution due
to limited demand. It would be a fraction of the 100LL market. It is
an aviation grade product, and thus, refiners can not simply alter
mogas to make 82UL.
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The Experimental Aircraft Association and Petersen Aviation
estimate that ethanol-free unleaded gasoline can be used in
approximately 40 percent of the piston-engine powered aircraft fleet
(e.g., those aircraft with low-compression engines).\3\ In contrast, in
order to prevent knock or detonation during the combustion process,
high-compression piston engines require higher octane than typical
unleaded gasoline provides. These aircraft also typically have higher
utilization rates and fuel consumption rates than their low-compression
counterparts. The AOPA estimates that high-compression piston-engine
powered aircraft currently consume approximately 70 percent of the
leaded avgas supplied nationally, and that the remaining 30 percent of
the leaded avgas is used in aircraft that could also use ethanol-free
unleaded automotive gasoline.
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\3\ The Experimental Aircraft Association and Petersen Aviation
data are available at http://www.aviationfuel.org and
www.autofuelstc.com/autofuelstc/pa/PetersenAviation.html.
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Efforts to explore reduced lead emissions from piston-engine
powered aircraft have primarily focused on fuels to replace 100LL
avgas, with less attention given to potential engine modifications. The
FAA conducts research exploring replacement fuels for use in piston-engine
powered aircraft at its William J. Hughes Technical Center. Publications
from this research can be found at www.actlibrary.tc.faa.gov/
by searching for `unleaded avgas'. The Coordinating Research Council has
organized the Unleaded Aviation Gasoline Development Group which brings
together FAA, AOPA, GAMA, the Experimental Aircraft Association, airframe
manufacturers, engine manufacturers, fuel producers and other interested
parties. The objective of the group is to facilitate development of a
high-octane unleaded aviation gasoline as an environmentally compatible,
cost-effective replacement for the current 100LL avgas. Documents regarding
the CRC Unleaded Aviation Gasoline Development Group can be found in
the docket for this notice.
At the 23rd World Assembly of the International AOPA, Lennart
Persson of Hjelmco Oil in Sweden suggested that a 91/96 octane unleaded
avgas could be a transparent switchover for 70 percent of the U.S. general
aviation fleet. He indicated that this fuel would provide similar
performance to 100LL avgas and has done so successfully in Sweden for 15
years. It is now offered for sale at 70 locations in Sweden. For more
information see http://www.iaopa.org/info/assembly23/ppts/persson.pdf
IV. Request for Comments
EPA is soliciting public comment on any and all aspects of the
petition from Friends of the Earth regarding issues related to the use
of lead in general aviation gasoline. To assist us in developing our
response to the petition EPA specifically requests information and
comment on the following.
1. EPA requests information related to human and environmental lead
exposures and effects around airports. Specifically, we request
information on concentrations of lead in the air, soil, surface water
or other environmental media at or near airports where leaded avgas is
used. Information regarding sources of lead in addition to leaded avgas
in these areas is also requested.
2. We request information on levels of lead in indoor dust in homes
in the vicinity of airports where leaded avgas is used and information
regarding the presence of leaded paint in those homes.
3. We request information on blood lead levels in children and
adults residing or attending school in the vicinity of an airport where
leaded avgas is used.
[[Page 64573]]
4. We request information on the characteristics of the populations
residing in the vicinity of an airport where leaded avgas is used,
specifically, information regarding the number of children six years
and younger, the number of schools, daycare facilities, retirement
homes, and the socioeconomic status of the population.
5. EPA request information on the volume of leaded avgas and
unleaded aviation gasoline (mogas) supplied at individual airports
nationwide.
6. EPA requests comment on locations where unleaded aviation
gasoline is available and the reason for its apparent lack of
widespread availability. We request the submission of information
related to supplying unleaded aviation gasoline at airports and how
potential fuel distribution issues could be addressed.
7. EPA requests information on the characteristics of piston engine
general aviation operation, including annual LTOs by airport, LTO
characteristics per airport and aircraft/engine type including mode,
time-in-mode, and fuel flow rate in mode. Related to this, EPA requests
information on the frequency and duration of local area flights (including
touch/go operations) and flight durations within the mixing layer.
8. EPA requests information on the disposal of leaded avgas after a
pilot checks the fuel before starting the aircraft. Specifically, we
request information on how this fuel is discarded (i.e., is it
deposited on the tarmac) or otherwise handled?
9. Leaded avgas contains ethylene dibromide which acts as a
scavenger for lead by converting lead oxide to lead bromide compounds
which are volatile and easily exhausted from the engine. This prevents
lead oxide depositing on the valves and spark plugs where it could
damage the engine. EPA requests information on the variation in lead
emission rates at various operating modes and power settings and the
quantity of lead retained in the engine and engine oil as a fraction of
the lead in the fuel combusted.
10. EPA is requesting comments on the potential use of replacement
fuels for use in piston-engine powered aircraft. Approximately 40
percent of the piston-engine powered aircraft fleet is certified with
an STC allowing the use of ethanol-free unleaded gasoline (82UL or
``mogas''), but these fuels are not widely available at airports.
Information available to EPA suggests that 30 percent of the 100LL
avgas consumed could be replaced by unleaded gasoline. These aircraft
are equipped with low-compression engines that may also run on leaded
aviation fuel when mogas or 82UL is not available.
11. We request analysis of the prospects for developing an unleaded
fuel for the general aviation fleet that will meet the needs of high-
compression engines, including additional research needed.
12. EPA is requesting comment on the viability of a high-octane
unleaded aviation gasoline in a high-compression engine to provide
equivalent performance and safety to 100LL avgas.
13. In this context, EPA requests comment on the viability of the
use of ethyl tertiary-butyl ether (ETBE) or other octane enhancing
compounds for unleaded fuel.
14. We also request information on what modifications would need to
be made to the existing fleet of high-compression engines as well as
new engines, with appropriate lead time, for them to operate on high-
octane unleaded fuel with an equivalent margin of safety. In
particular, we solicit comment on electronic ignition systems (full
authority digital engine control) and knock (detonation) sensors,
including comments on further research on these technologies. One
example for consideration is the Teledyne Continental Motors/Aerosance
Powerlink FADEC system.
15. EPA also requests information on the ability of current engines
to operate on avgas with a decreased lead content relative to 100LL,
and identification of the minimum lead content needed to maintain safe
engine operation.
16. EPA requests comment on the storage of avgas, specifically,
issues related to above ground storage capacity compared to below-
ground storage capacity.
17. EPA requests comment on the availability of additives less
toxic than lead to enhance aviation gasoline octane.
18. We request comment on the long-term availability of TEL as an
avgas additive.
19. We request information related to the feasibility and costs of
any potential options for limiting lead emissions from existing aircraft.
20. We request comment on the STCs which have been approved to
allow for the use of unleaded gasoline in general aviation, the percent
and characteristics of the current fleet covered by STCs, and obstacles
to wider acceptance and application of the STCs.
21. EPA is requesting comment on additional research on alcohol-
based fuels of which we should be aware. The FAA has approved a very
limited number of STCs for use of ethanol-based AGE-85 fuel (85%
ethanol in 15% unleaded gasoline) under a preliminary fuel
specification. Subsequent approvals allowing more widespread use of
AGE-85 are pending the development of a final, aviation-grade fuel
specification to ensure potential safety concerns with the fuel are
fully vetted by the FAA and the aviation industry.
22. EPA is requesting comment on additional research or information
regarding the use of diesel engines in general aviation, particularly
regarding equipment changes and the related costs. The FAA has approved
Type Certificates and STCs for diesel-cycle engines that use widely-
available, unleaded jet fuel.
Before the end of the comment period, please send all comments and
related information to the address indicated in the ADDRESSES section
at the beginning of this notice.
Dated: November 9, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7-22456 Filed 11-15-07; 8:45 am]
BILLING CODE 6560-50-P
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