Federal Aviation Administration
Airplane Fuel Efficiency
Under the Clean Air Act, the EPA is required to set emissions limits for pollutants from aircraft engines (42 U.S.C. § 7571), but the Federal Aviation Administration (“FAA”) (as the Secretary of Transpiration’s delegatee) is responsible for promulgating regulations to enforce those limits. (42 U.S.C. § 7572).
On February 16, 2024, the FAA issued a final rule requiring aircraft to comply with fuel efficiency requirements set by EPA for certain airplanes. (89 Fed. Reg. 12634, Feb. 16, 2024) The rules apply to three broad categories of airplanes: (1) airplanes produced under a new type certificate issued by the FAA after January 11, 2021, (2) airplanes that are newly manufactured after January 1, 2028 (regardless of the date of type certification); and (3) certain airplanes that are modified in ways that meet specified change criteria. These aircraft must comply with EPA’s regulations at 40 C.F.R. part 1300. Implementing these standards fulfills the United States’ obligations to meet the 2017 International Civil Aviation Organization’s carbon dioxide emissions limits promulgated under the Chicago Convention on International Civil Aviation. This rule was first proposed on June 15, 2022. (87 Fed. Reg. 36076, June 15, 2022)
Biden Administration (2021-2025)
Regulation on Airplane Fuel Efficiency Certification
On February 16, 2024, the FAA issued a final rule requiring aircraft to comply with fuel efficiency requirements set by EPA for certain airplanes. (89 Fed. Reg. 12634, Feb. 16, 2024) The rules apply to three broad categories of airplanes: (1) airplanes produced under a new type certificate issued by the FAA after January 11, 2021, (2) airplanes that are newly manufactured after January 1, 2028 (regardless of the date of type certification); and (3) certain airplanes that are modified in ways that meet specified change criteria. These aircraft must comply with EPA’s regulations at 40 C.F.R. part 1300. Implementing these standards fulfills the United States’ obligations to meet the 2017 International Civil Aviation Organization’s carbon dioxide emissions limits promulgated under the Chicago Convention on International Civil Aviation. This rule was first proposed on June 15, 2022. (87 Fed. Reg. 36076, June 15, 2022)
Sustainable Aviation Fuel Grand Challenge
On September 9, 2021, the Department of Energy, Department of Transportation, and Department of Agriculture released a Memorandum of Understanding (MOU) formally launching an inter-agency Sustainable Aviation Fuel Grand Challenge. The purpose of the Grand Challenge is “to reduce the cost, enhance the sustainability, and expand the production and use of Sustainable Aviation Fuel (SAF) that achieves a minimum of 50% reduction in lifecycle greenhouse gas (GHG) compared to conventional fuel to meet a goal of supplying sufficient SAF to meet 100% of aviation fuel demand by 2050.” The MOU also aims to support a just transition of the energy industry through job creation. Among the inter-agency actions listed in the MOU, the signing agencies agreed to establish a joint, executive-level team to develop a framework for implementing the MOU.