Aircraft Greenhouse Gas Emissions and EPA's Endangerment Finding

Posted on July 18, 2011 by Van Hilderbrand

Special thanks to Sullivan & Worcester's Ari Hoffman, environmental intern, for assisting in the preparation of this post.

As a follow-up to our October 20, 2010 post entitled “Aviation Associations Denied Intervention into Environmental Lawsuit,” on July 5, 2011 the United States District Court for the District of Columbia refused to dismiss a lawsuit seeking to compel the Environmental Protection Agency (“EPA”) to make an endangerment finding for greenhouse gas (“GHG”) emissions from aircraft. (Ctr. for Biological Diversity v. EPA, No. 10-00985 (D.D.C. July 5, 2011). In its ruling, the court stated that the endangerment finding is a “compulsory” and “mandatory” step under Section 231 of the Clean Air Act (“CAA”), 42 U.S.C. § 7401 et seq. As you may recall from the earlier post, an endangerment finding is a determination by EPA on whether or not aircraft emissions “significantly contribute to air pollution which may reasonably be anticipated to endanger public health or welfare.”

The Center for Biological Diversity, Center for Food Safety, Friends of the Earth, International Center for Technology Assessment, and Oceana sued EPA in 2010 claiming the agency had failed to respond to their petitions for making an endangerment finding for GHG emissions from aircraft, marine vessels and other non-road engines within the 90-day timeline required by the CAA. 

The court did not order EPA to make the endangerment finding for aircraft GHG emissions because the ruling was in response to a motion to dismiss from EPA and came at a preliminary stage of the litigation. The court did, however, grant in part EPA's motion to dismiss. Judge Henry H. Kennedy Jr. dismissed the portions of the lawsuit involving the endangerment findings for marine vessels and other non-road engines, citing EPA discretion. Despite this ruling, the environmental groups may still continue with their claims that EPA did not adequately respond to their petitions seeking regulation of GHG emissions. As this case progresses, please check back to this blog for future posts.

Tags: , , , ,

EPA Proposes Rule to Set Standards for Nitrogen Oxide Emissions From Aircraft Engines

Posted on July 14, 2011 by Van Hilderbrand

Special thanks to Sullivan & Worcester's Ari Hoffman, environmental intern, for assisting in the preparation of this post.

On July 6, the Environmental Protection Agency (“EPA”) released a proposed rule to set nitrogen oxide (NOx) emissions standards for aircraft engines in line with those already endorsed by the United Nations’ International Civil Aviation Organization (“ICAO”). The Air Transport Association (“ATA”) asserted that it would ensure the rule was in harmony with international standards. The proposed rule would apply to engines with thrusts greater than 26.7 kilonewtons, usually found in commercial passenger and freight aircraft, and would reduce ground-level nitrogen oxide emissions in the United States by 100,000 tons between 2014 and 2030.

The proposed rule would set two stringent emissions tiers for nitrogen oxide, called “Tier 6” and “Tier 8.” Aircraft engine models certified before the effective date of the proposed rule can continue production through December 31, 2012. Engine models certified between the effective date and December 31, 2013 will have to adhere to the Tier 6 emissions standard. The Tier 8 standard will be mandatory for engine models certified on or after January 1, 2014. An equivalent Tier 6 standard became effective internationally in December 2007 and an equivalent Tier 8 standard was recommended to the ICAO in February 2010. The proposed rule would take effect only if the ICAO adopts equivalent standards. If the ICAO adopts different standards, however, EPA will reevaluate accordingly. 

More information on the proposed rule is available on EPA’s website. The proposed rule will be open to public comment for 60 days from the date of publication in the Federal Register. Corporate aircraft owners should take this opportunity to voice concerns and questions in the event that EPA decides to take similar regulatory action on smaller aircraft engines. As this issue progresses, please check back to this blog for future posts.

Tags: , , , ,

Wind Turbines Effect on Radar Systems and Aviation Security

Posted on July 1, 2011 by Van Hilderbrand

Special thanks to Sullivan & Worcester's Ari Hoffman, environmental intern, for assisting in the preparation of this post.

On June 28 and 29 in Ottawa, the Canadian Wind Energy Association (“CanWEA”) in collaboration with the American Wind Energy Association (“AWEA”) hosted the International Wind and Radar Forum. The Forum was designed to “further the relationship between key regulatory and industry players, while promoting an international dialogue about responsible, effective tools designed to identify and address any potential conflicts between wind energy and radar.” 

Tension between ensuring aviation security and expanding wind energy has arisen due to a wind turbine’s potential to interfere with the radio frequency waves emitted by radar systems. Wind turbines can defeat radar, especially when grouped into large wind farms, either by creating unwanted reflections or by blocking signals which can result in clutter on radar maps. Radar clutter prevents aircraft and surface air traffic controllers from determining the location, range, altitude, direction and speed of nearby objects, posing a safety threat. 

Due to concern over aviation security, the British Wind Energy Association (“BWEA”) estimates that there is 4.7 gigawatts of wind energy on hold in Britain and AWEA estimates that in the United States over 9.0 gigawatts of wind energy are on hold. These statistics are worrisome to the United States Department of Energy, which relies heavily on the use of wind energy to help reach the nation’s renewable energy targets.

A myriad of solutions to this problem have emerged. Earlier this year, the United States Department of Homeland Security awarded a $22 million contract to Raytheon, a leader in this field, to study how proposed wind farms would interact with existing radar systems. CASSADIAN, the defense and security division of EADS, developed a solution based on modifications to the radar antenna as well as signal processing. Further, SCANTA 4002 Radar, a system developed by Terma, is designed to separate smaller air objects from larger surface objects, such as wind turbines. This radar can be independently installed and integrated with existing radar installations. 

While some solutions try to change radar systems, Vestas is working to change wind turbine blades into radar-friendly stealth blades. Vestas believes the solution lies in coating blades with similar material used to produce stealth planes which are invisible to radar. Vestas announced on June 29, 2011 that the use of “stealthy” blades reduce radar clutter by around 99% or 20 decibels (The Guardian UK).

As wind energy expands, radar and blade technologies to avoid disturbances will become even more vital, especially to smaller aircraft that may fly along less traveled routes where large wind turbine farm development is more likely. As this issue progresses, please check back to this blog for future posts.

Tags: , , , , , , ,