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LTC 404-2023 CITY OF PEMBROKE PINES RESOLUTION NO. 3830M IA M I BEA C H OFFICE OF THE CITY CLERK No. 404-2023 LETTER TO COMMISSION TO: FROM: DATE: SUBJECT: Mayor Dan Gelber and Members o~he /ity Commission Rafael E. Granado, City Clerk 721 September 13, 2023 CITY OF PEMBROKE PINES RESOLUTION NO. 3830 Attached for your information is Resolution No. 3830, adopted by the Mayor and City Commission of City of Pembroke Pines on August 16, 2023. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA, STRONGLY URGING BROWARD COUNTY AS THE OWNER AND MANAGER OF NORTH PERRY AIRPORT TO FUND, IMPLEMENT, AND PRODUCE THE FINDINGS OF A STUDY TO ASSESS THE LEAD CONCENTRATION LEVELS IN AND AROUND THE AIRPORT AND WITHIN THE SURROUNDING RESIDENTIAL COMMUNITY; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City of Pembroke Pines Clerk has requested that a copy of this Resolution be provided to the Miami Beach Mayor and Commissioners. If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411. REG/le Attachment F:\CLER\$ALL\LILIA\L TC's - Transmittal's\Pembroke Pines\Pembroke Pines Resolution 3830.docx PROPOSED RESOLUTION NO. 2023-R-25 RESOLUTION NO. 3830 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA, STRONGLY URGING BROWARD COUNTY AS THE OWNER AND MANAGER OF NORTH PERRY AIRPORT TO FUND, IMPLEMENT, AND PRODUCE THE FINDINGS Hu OF ASTUDY TO ASSESS THE LEAD CONCENTRATION LEVELS Ihv I AND AROUND THE AIRPORT AND W ITHIN THE SURROUNDING RESIDENTIAL COMMUNITY; PROVIDING FOR TRA NSMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERA BILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Perry Airport is a general aviation airport located entirely within the City of Pembroke Pines that is owned and managed by Broward County; and WHEREAS, The North Perry Airport provides in its Airport Master Record filed with the Federal Aviation Administration on June 15, 2023 that there are 411 single and multiengine aircrafts based at the airport; and WH EREAS, 195,192 total aircraft operations were reported by the Airport in Fiscal Year 2021; and WHEREAS, as indicated by Register Volume 87, Numb er 199 of the National Archives and Records Administration's Office of the Federal Register, attach ed hereto as Exhibit "A", the Environmental Protection Agency issued a proposed endangerment finding on October 17, 2022 providing that lead emissions from aircraft engines that operate on leaded fuel cause or contribute to air pollution that may be reasonably anticipated to endanger public health and welfare under the Federal Clean Air Act; and Page 1 of s PRO PO SED RESO LUTIO N NO . 2023-R -25 RESO LUTIO N NO . 3830 W HEREAS, the Environmental Protection Agency has cited piston engine aircrafts operating on leaded fuel as the largest remaining aggregate source of lead emissions to air in the United States; and WHEREAS, the types of planes operating at the North Perry Airport are of the kind that are usually fueled by leaded gasoline; and WHEREAS, there is broad scientific consensus on the lasting, damaging effects of lead exposure on all people, but considerably children; and WHEREAS, the American Academy of Pediatrics has provided that lead toxicity results in substantial population-level effects on children's intellectual abilities, academic abilities, problem behaviors, and birth weight; and WHEREAS, the Environmental Protection Agency has noted that there is no evidence of a threshold below which there are no harmful effects on cognition from lead exposure; and WHEREAS, the North Perry Airport is abutted by residential and commercial uses on all four sides; and WHEREAS, the North Perry Airport offers leaded and unleaded fuel to aircraft operators on a daily basis; and WHEREAS, the Federal Aviation Administration recently published an Approved Model List, attached hereto as Exhibit "B", approving the use of G1 00UL, an unleaded fuel that is compatible for use in spark ignition piston aircraft engines, as more particularly defined and further described within the FAQ portion of the fuel Page 2 of s PROPOSED RESOLUTION NO. 2023-R-25 RESOLUTION NO. 3830 provider's website at https://www.g100ul.com/fag.html; and G100UL is expected to be available in South Florida upon the completion of transportation and storage logistics at Port Everglades for the fuel; and W HEREAS, as reflected in the Meeting Minutes for the North Perry Airport Community Advisory Committee's (the "NPACAC") December 14, 2022 meeting, attached hereto as Exhibit "C", the NPACAC voted unanimously, following a presentation from the North Perry Airport Manager, attached hereto as Exh ibit "D", to request that the Broward County Aviation Department budget funds toward a specific benchmark study relating to the air quality, including lead levels, and noise pollution levels in accordance with FAA guidelines within the residential communities surrounding the North Perry Airport; and WHEREAS, the City Commission, as a matter of public concern, and in the best interest of the health, safety and wellness of its residents, has determined that a comprehensive analysis of the lead concentration levels in and around the North Perry Airport and within the surrounding residential community is necessary for the protection of its residents; and WHEREAS, the City Commission strongly urges Broward County to fund, implement, and produce the findings of a comprehensive study of the air pollution levels, including lead concentration levels, present in and around the North Perry Airport and within the surrounding residential community. Page 3 of s P R O P O S E D R E S O L U T IO N N O. 2023-R-2 5 R E S O L U T IO N N O . 38 30 N O W , TH E R E FO R E , B E IT R ES O LV E D B Y TH E C IT Y C O M M IS S IO N O F TH E C IT Y O F P E M B R O K E P IN E S , F L O R ID A , A S FO LLO W S : confirmed as being true and correct and are hereby made a specific part of this Resolution. Se ctio n 2 . The City Commission hereby strongly urges and formally requests that Broward County fund, implement, and report a comprehensive study of the air pollutions levels, including the lead concentration levels, present in and around the North Perry Airport and within the surrounding residential community. S e c tio n 3. The City Clerk is directed to send a certified copy of this Resolution to the Broward County Mayor, the Broward County Board of County Commissioners, and the Broward County Administrator. S e c tio n 4 . All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. S e ctio n 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. S e ctio n 6. This Resolution shall become effective immediately upon its passage and adoption. Page 4 ofS PR OP O SED R E SOL U TI O N NO . 2023-R -25 RE SO LUTIO N NO . 3830 PAS S E D A ND A DO P TED BY THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA, THIS 16TH DAY OF AUGUST, 2023. CITY O PEMB J' KE PINES, FLORIDA • + , E3/.' elk4 I,pest ATTEST: O2Q«La ore 4ahas rad"ts« APPROVED AS TO FORM: CASTILLO GOOD SCHWARTZ ABSENT AYE AYE AYE SIPLE AYE Pages of s Federal Register CITY COMMISSION EXHIBIT A 62753 slide Tic rte~or option lat tley thought would be best for them. Under what circumstances, if any, should veterans retain opportunities to select from VA loss- mitigation options? How would giving veterans the ability to select from VA loss- mitigation options impact servicers? IfVA were to switch to a prescribed order of Joss- mitigation options that servicers must follow, what limitations, if any, should be placed on veterans' ability to select from them? 4.puring the COVID-19 pandemic, certain loss-mitigation options were offered without the requirement of collecting financial information. Moving beyond the pandemic, under what circumstances should VA require servicers to collect financial information before a loss-mitigation option is selected? Under what circumstances might a trial payment plan serve as a substitute for the collection of financial information? Questions Related to Loan Deferment, VAPCP, and COVID -19 Refund Modifications 5. How should VA develop a loandeferment option that would assist veterans without placing undue burden on servicers? For example, if VA were to incentivize a hybrid loan deferment/ repayment plan in which servicers would defer the missed principal and interest and establish a loan repayment plan for missed taxes and insurance, would that address potential concerns related to short-term lost income from deferring missed mortgage payments? For veterans, what consumer protection concerns should VA be aware of in considering a loan deferment loss- mitigation option? 6. In what way(s), if any, should VAuse the VAPCP and/or COVID19 Refund Modification after the COVID- 19 national emergency? VA is particularly interested in data and evidence showing whether the VAPCP and/or COVID-19 Refund Modification programs have assisted veterans, servicers, and taxpayers. 7. What challenges would exist for veterans, servicers, holders, and VA, if VA were to develop a loss-mitigation option similar to the VAPCP, but with a requirement for repayment at a low interest rate (rather than the zero percent interest rate under the VAPCP)? What hurdles might servicers face in executing such loan documents on behalf of VA? What if VA required servicers to service such loans on VA's behalf? 8. Would a low-interest second loanoption similar to the VAPCP be more helpful to veterans and/or servicers than a loan deferment loss-mitigation option, and what data and evidence exist to support your response? What sort of financial evaluation would be appropriate to determine whether a low- interest second loan would be an appropriate loss-mitigation option for a /Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules fern, as opposa, .a#G T s- TIE.TOTT7ALT1TT- TT-"MI,5z- mitigation options at 38 CFR 36.4319? BILLING CODE 8320-01-P 9. What, if any, limitations should VAplace on a deferment-style loss- mitigation option, including minimum/ maximum deferment amounts, lifetime uses, etc.? ENVIRONMENTAL PROTECTION AGENCY Questions Related to Incentive Payments 40 CFR Parts 87, 1031, and 1068 10. What kind of incentive [EPA-HQ--OAR--2022--0389; FRL--5934--01-- paymentmight be appropriate to make loan OAR] deferment a more viable option for servicers an 2g9.jrq and VA? What kind of incentive payment might be appropriate for a loss-mitigation Proposed Finding That Lead option similar to the VAPCP or COVID-19 Emissions From Aircraft Engines That Refund Modification? Operate on Leaded Fuel Cause or 11. How could VA structure anincentive Contribute to Air Pollution That May payment that does not encourage servicers to use one of these loss-mitigation options if Reasonably Be Anticipated To more financially feasible options are available Endanger Public Health and Welfare to assist the veteran? AGENCY: Environmental Protection Agency Q u estion s R elated to In vestor R eq u irem en ts (EPA). ACTION: Proposed action. 12. What, if any, Government National Mortgage Association (Ginnie Mae) specific investor requirements should VA consider when evaluating changes to VA loss- mitigation options, including the introduction of a deferment-style loss-mitigation option? E xecutive O rd er s 12866 an d 13 563 Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The Office of Information and Regulatory Affairs has determined that this rule is a significant regulatory action under Executive Order 12866. The Regulatory Impact Analysis associated with this rulemaking can be found as a supporting document at www.regulations.gov Sign in g A u thority Denis McDonough, Secretary of Veterans Affairs, approved this document on October 11, 2022, and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Jeffrey M. Martin, Assistant Director, Office of Regulation Policy & Management, Office of General Counsel, Department of Veterans Affairs. SUMMARY: In this action, the Administrator is proposing to find that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of section 231 (a) of the Clean Air Act. The Administrator is also proposing to find that engine emissions of lead from certain aircraft cause or contribute to the lead air pollution that may reasonably be anticipated to endanger public health and welfare under section 231 (a) of the Clean Air Act. DATES: Comments: Written comments must be received on or before January 17, 2023. Public Hearing: The EPA plans to hold a virtual public hearing on November 1, 2022. See SUPPLEMENTARY INFORMATION for information on registering for a public hearing. ADDRESSES: You may submit your comments, identified by Docket ID No. EPA- HQ-OAR-2022-0389, by any of the following methods: Federal eRulemaking Portal: https://www.regulations.gov (our preferred method). Follow the online instructions for submitting comments. Email: a-and-r-docket@epa.gov Include Docket ID No. EPA-HQ-OAR-- 2022-0389 in the subject line of the message. Mail: U.S. Environmental Protection Agency, EPA Docket Center, OAR, Docket EPA-HQ--OAR-2022- 0389. Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. Hand Delivery or Courier (by scheduled appointment only): EPA Docket Center, WJC West Building, Room 3 334, 130 I Constitution Avenue NW, Washington, DC 20004. The Docket Center's hours of operations are 8:30 I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules a.m.-4:30 p.m., Monday-Friday (except other file sharing system). For additional federal holidays). submission methods, the full EPA public Instructions: All submissions received must comment policy, information about CBI, PBI, include the Docket ID No. for this action. or multimedia submissions, and general Comments received may be posted without guidance on making effective comments, change to https:llwww.regulations.gov/, please visit https:// including any personal information provided. www.epa.gov/docketslcommenting-epa- For detailed instructions on sending comments dockets. and additional information on the process for Documents to which the EPA refers in this this action, see the "Public Participation" proposed action are available online at heading of the SUPPLEMENTARY https://www.regulations.gov/ in the docket for INFORMATION section of this document. this action (Docket EPA-HQ OAR-2022-- 1 Public Hearing. EPA plans to hold a virtual 0389), To access reference documents in- identify these needs when you register for th public hearing for this action. Please refer to person and for additional assistance, please hearing no later than October 24, 2022. The Participation in Virtual refer to the following instructions. EPA may not be able to arrange Public Hearing in the SUPPLEMENTARY The EPA plans to hold a virtual hearing on accommodations without advanced notice. INFORMATION section of this document for November 1, 2022. This hearing will be held additional information. using Zoom. In order to attend the virtual FOR FURTHER INFORMATION CONTACT: public hearing, all attendees (including those who will not be presenting verbal testimony) must register in advance. Upon publication of this document in the Federal Register, the EPA will begin registering speakers for the hearing. To register to speak at the virtual hearing, please use the instructions at https:// www.epa.gov/regulations-emissions- vehicles- and-engines/regulations-lead- emissions- aircraft. If you have questions regarding registration, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section of this document. The last day to register to speak at the hearing will be October 31, 2022. Prior to the hearing, the EPA will post a general agenda that will list registered speakers in approximate order at: https://www.epa.gov/ regulations-emissions- vehicles-and- engines/regulations-lead- emissions- aircraft. The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearings to tun either ahead and supporting information submitted during the comment period will be considered with the same weight as oral testimony and supporting information presented at the public hearing. If you require the services of a translator or special accommodations such as audio description, please Marion Hoyer, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), Environmental Protection Agency; Telephone number: (734) 214 4513; Email address: hoyer.marion@epa.gov SUPPLEMENTARY INFORMATION: A. Public Participation Written Comments: Submit your comments, identified by Docket ID No. EPA-HQ-OAR- 2022 0389, at https://www.regulations.gov ( our preferred method), or the other methods identified in the ADDRESSES section of this document. Once submitted, comments cannot be edited or withdrawn from the docket. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI), Proprietary Business Information (PBI), or other information whose disclosure is 62754 B. General Information Does this action apply to me? Regulated Entities: In this action, the EPA is proposing to make endangerment and cause or contribute findings for the lead air pollution and engine emissions of lead from certain aircraft. The classes of aircraft engines and of aircraft relevant to this proposed action are referred to as "covered aircraft engines" and as "covered aircraft," respectively throughout this document. Covered aircraft engines in this context means any aircraft engine that is capable of using leaded aviation gasoline. Covered aircraft in this context means all aircraft and ultralight vehicles' equipped with covered engines. Covered aircraft would, for example, include smaller piston-engine aircraft such as the Cessna 172 (single-engine aircraft) and the Beechcraft Baron G58 (twin- engine aircraft), as well as the largest piston- engine aircraft-the Curtiss C--46 and the Douglas DC-6. Other examples of covered aircraft would include rotorcraft,2 such as the Robinson RA44 helicopter, light-sport aircraft, and sell covered aircraft engines and aircraft. Categories that may be include, but are not limited to, those covered aircraft in the United States and regulated in a future regulatory action listed here: those who own or operate covered Category NAICS" code SIC"code Examples of potentially affected entities Industry ................... 3364412 3724 Manufacturers of new aircraft engines. Industry ................... 336411 3721 Manufacturers of new aircraft. Industry ................... 481219 4522 Aircraft charter services (i.e., general purpose aircraft used for a variety of specialty air and flying services). Aviation clubs providing a variety of air transportation activities to the general public. Industry ................... 611512 8249 and 8299 Flight Training. North American Industry Classification System (NAICS). Standard Industrial Classification (SIC) code. restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (including such content located on the web, cloud, or The FAA regulates ultralight vehicles under 14 CFR part 103. of schedule or behind schedule. The EPA anticipates that each commenter will have 5 minutes to provide oral testimony. The EPA recommends submitting the text of your oral testimony as written comments to the docket for this action. The EPA may ask clarifying questions during the oral presentations but will not respond to the presentations at that time. Written statements and ultralight vehicles equipped with piston engines. Because the majority of covered aircraft are piston-engine powered, this document focuses on those aircraft (in some contexts the EPA refers to these same engines as reciprocating engines). All such references and examples used in this document are covered aircraft as defined in this paragraph. Rotorcraft encompass helicopters, gyroplanes, and any other heavier-than-air aircraft that depend principally for support in flight on the lift generated by one or more rotors. I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules The proposed findings in this action, if children may arise because infants and finalized, would not themselves apply new children generally eat more food, drink more requirements to entities other than the EPA water and breathe more air relative to their and the Federal Aviation Administration size than adults do, and consequently may be (FAA). Specifically, if the EPA issues final exposed to relatively higher amounts of findings that lead emissions from covered contaminants. In addition, normal childhood aircraft engines cause or contribute to air activity, such as putting hands in mouths or pollution which may reasonably be anticipated playing on the ground, can result in exposures to endanger public health or welfare, then the to contaminants that adults do not typically EPA would, under section 231 of the Clean have. Furthermore, environmental Air Act, promulgate aircraft engine emission contaminants may pose health risks specific to standards for that air pollutant. In contrast to children because children's bodies are still thc findings, those standards would apply to developing. For example, during periods of and have an effect on other entities outside the rapid growth such as fetal development, federal government. Entities potentially infancy and puberty, their developing systems interested in this proposed action include and organs may be more easily harmed.4 those that manufacture This table is not Protecting children's health from intended to be exhaustive, but rather provides environmental risks is fundamental to the a guide for readers regarding potentially EPA's mission, Since the inception of regulated entities likely to be interested in this Executive Order 13045, the understanding of proposed action. This table lists examples of children's environmental health has broadened the types of entities that the EPA is now aware to include conception, infancy, early of that could potentially have an interest in childhood and through adolescence until 21 this proposed action. If the EPA issues final years of age.5 Because behavioral and affirmative findings under section 23 1(a) of physiological characteristics can affect the Clean Air Act regarding lead, the EPA children's environmental health risks, would then undertake a future notice and childhood and children's health is viewed with comment rulemaking to issue emission an understanding of the concept of standards, and the FAA would be required to "lifestages," which recognize unique growth prescribe regulations to ensure compliance and developmental periods through which all with these emissions standards pursuant to humans pass.6 section 232 of the Clean Air Act. Such This document includes discussion and findings also would trigger the FAA's analysis that is focused particularly on statutory mandate pursuant to 49 US.C. children. For example, as described in 44 714 to prescribe standards for the Sections III.A and V of this document, the composition or chemical or physical scientific evidence has long been established properties of an aircraft fuel or fuel additive to demonstrating that young children ( due to control or eliminate aircraft emissions which rapid growth and development of the brain) EPA has decided endanger public health or are vulnerable to a range of neurological welfare under section 231(a) of the Clean Air effects resulting from exposure to lead. Low Act. Other types of entities not listed in the levels of lead in young children's blood have table could also be interested and potentially been linked to adverse effects on intellect, affected by subsequent actions at some future concentration and academic achievement and time. If you have any questions regarding the as the EPA has previously noted "there is no scope of this proposed action, consult the evidence of a threshold below which there are person listed in the preceding FOR FURTHER no harmful effects on cognition from (lead) INFORMATION CONTACT section of this exposure. "7 Evidence suggests that while document. some neurocognitive effects of lead in C. Children's Health children may be transient, some lead-related cognitive effects may be irreversible and persist into adulthood, potentially contributing to lower educational attainment and financial well-being. 8 The 2013 Lead ISA notes that in epidemiologic studies, postnatal (early childhood) blood lead levels are consistently associated with cognitive function decrements in children and adolescents.9 In Section II.A.5 Executive Order 130453 requires agencies to identify and assess health and safety risks that may disproportionately affect children and ensure that activities address disproportionate risks to children. Children may be more vulnerable to environmental exposures and/or the associated health effects, and therefore more at risk than adults. These risks to 3 E.O. 13045. Protection of Children From Environmental Health Risks and Safety Risks. 62 FR 19885 (April 23, 1997). EP A (2006) A Framework for Assessing Health Risks of Environmental Exposures to Children. EPA, Washington, DC, EPA/600/R-05/093F, 2006. ° EPA. Memorandum: Issuance of EPA's 2021 Policy on Children's Health. October 5, 2021. Available at https://www.epa.gov/system/files/ docents/2021-10/2021- policy-on-childrens- health.pdf. EPA. "Childhood Lifestages relating to Children's Environmental Health." Oct. 25, 2021. Retrieved from http.s://www.epa.gov/children childhood-life.stages-relating- childrens- environ mental-health on Nov. 22, 2021. 7 EPA (2013) ISA for Lead. Executive Summary "Effects of Pb Exposure in Children." pp. lxxvii- lxxxviii. EPA/600/R--10/075F, 2013. Sec also, National Toxicology 62755 of this document, we describe the number of children living near and attending school near airports and provide a proximity analysis of the potential for greater representation of children in the near-airport environment compared with neighboring areas. D. Environmental Justice Executive Order 12898 establishes federal executive policy on environmental justice. It directs federal agencies, to the greatest extent practicable and permitted by law, to make achieving environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on people of color populations and low-income populations in the United States. "V The EPA defines environmental justice as the. fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.11 Executive Order 14008 also calls on federal agencies to make achieving environmental justice part of their missions "by developing programs, policies, and activities to address the disproportionately high and adverse human health, environmental, climate- related and other cumulative impacts on disadvantaged communities, as well as the accompanying economic challenges of such impacts. "12 It also declares a policy "to secure environmental justice and spur economic opportunity for disadvantaged communities that have been historically marginalized and overburdened by pollution and under- investment in housing, transportation, water and wastewater infrastructure and health care." Under Executive Order 13563, federal agencies may consider equity, human dignity, fairness, and distributional considerations, where appropriate and permitted by law."? The United States has made substantial progress in reducing lead exposure, but disparities remain along racial, ethnic, and socioeconomic lines. For example, blood lead levels in children from low-income households remain higher than those in children from higher income households, and the 059 FR 7629 (Feb. 16, 1994). Program (NTP) (2012) NTP Monograph: Health Effects of Low-Level Lead. Available at https://ntp.niehs.nih.gov/go36443. " EPA (2013) 1SA for Lead. Executive Summary "Effects of Pb Exposure in Children." pp. lxxxvii- lxxxviii. EPA/600/R-10/075F, 2013. "EPA (2013) ISA for Lead. Section 1.9.4. "Pb Exposure and Neurodevelopmental Deficits in Children." p. 1-75. EPA/600/R-10/075F, 2013. I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules 'Fair treatment means that "no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental and commercial operations or programs and policies." Meaningful involvement occurs when "1) potentially affected populations have an app ropri ate opportunity to participate in decisions about a proposed activity [e.g, nlemaking] that will affect their environment and/or health; 2) the public's contribution can influence the regulatory Agency's decision; 3) the concerns of all participants involved will be considered in the decision-making process; and 4) [the EPA will] seek ont and facilitate the involvement of those potentially affected." A potential EJ concern is defined as "the actual or potential lack of fair treatment or meaningful involvement of minority populations, low-income populations, Tribes, and indigenous peoples in the development, implementation and enforcement of environmental laws, regulations and policies." See, EPA's Environmental Justice During the Development of an Action. Available at https://www.epa.gov/sites/ default/files/2015-06/documents/considering-ej-in- rulemaking-guide-final.pdf. See also hups:// www.epa.gov/environmentaljustice. '6 FR 7619 (Feb. 1, 2021). 76 FR 3821 (Jan. 18, 2011). m ost exposed Black children still have higher blood le ad levels than the m ost exposed non- Hi spanic W hite chil dren.1415 D epending on the levels and associated risk, such blood lead levels m ay le ad to li fe long health effects and bar ri ers to social an d econ om ic w el l-b eing. "" In this action, the E PA is undertaking an evaluation, under section 23l(a)(2)(A ) of the C le an A ir A ct, of w hether em issions ofl ead fr om engines in covered aircra ft m ay cause or co ntribute to ai r pollutio n that m ay reasonably be anticipated to endanger publi c health or w elfa re. We are not pro posing em ission standards at this tim e, and therefo re, our considera tion of enviro nm ental justice is fo cused on descri bing populations li ving near airports in the U nited States. Section IL.A.5 of this document, and the Technical Support Document17 for this action describe the scientific evidence and analyses conducted by the EPA that provide information about the disparity in residential location for some low- incom e populations, people of color and som e indigenous peoples in the U nited States, particular ly A lask a N atives, wi th regar d to th eir proxi m ity to som e airports w here covered aircra ft opera te. T he info rm ation presented in Section II .A .5 of this docum ent indicates that there is a greater prevalence of people of color and of low -incom e populations w ithin 500 m eters or one kilom eter of som e airport s com pared w ith people living m ore distant. If such differences w ere to contribute to dispro portionate and adverse im pacts on people of color and low - incom e populations, they could indicate a potential enviro nm ental justice concern . Table of Contents I. Executive Sum m ary As noted in Section IV.A of this notice, the lead air pollution that we are considering in this proposed finding can occur as elemental lead or in lead-containing compounds. 'EPA (2013) ISA for Lead. Section 5.4. "Summary." pp. 5-40 through 5-42. EPA, Washington, DC, EPA/600/R-10/075F, 2013. 'EPA (2022) "America's Children and the Environment." Summary of blood lead levels in children updated in 2022, available at https:// www.epa.gov/americaschildrenenvironment/ biomonitoring- lead. Data source: Centers for Disease Control and Prevention, National Report on Human Exposure to Environmental Chemicals. Blood Lead (2011- 2018). Updated March 2022. Available at https://www.cdc.gov/exposurereport/report/pdf? group2_1.RXRPR_0//-ppdf 6EPA (2013) ISA for Lead. Section 1.9.1. "Public Health Significance." p. 1-68; Section 1.9.5. "Reversibility and Persistence ofNeurotoxic Effects of Pb." p. 1-76. EPA, Washington, DC, EPA600/R-- 10/075E, 2013. 7EPA (2022) Technical Support Document (TSD) for the EPA's Proposed Finding that Lead Emissions from Aircraft Engines that Operate on Leaded Fuel Cause or Contribute to Air Pollution that May Reasonably Be Anticipated to Endanger Public Health and Welfare. EPA, Washington, DC, EPA-- 420-R-- 22-025, 2022. Available in the docket for this action. II. Overview and Context for This Proposal A. Background Information Helpful to Understanding This Proposal I. Piston-Engine Aircraft and the Use of Leaded Aviation Gasoline 2. Emissions of Lead From Piston-Engine Aircraft 3. Concentrations of Lead in Air Attributable to Emissions From Piston- Engine Aircraft 4. Fate and Transport of Emissions of Lead From Piston-Engine Aircraft 5. Consideration ofEnviromnental Justice and Children in Populations Residing Near Airports B. Federal Actions To Reduce Lead Exposure C. History of Lead Endangerment Petitions for Rulemaking and the EPA Responses III. Legal Framework for This Action A. Statutory Text and Basis for This Proposal B, Considerations for the Endangerment and Cause or Contribute Analyses Under Section 231(a)2)A) C. Regulatory Authority for Emission Standards IV. The Proposed Endangerment Finding Under CAA Section 231 A. Scientific Basis of the Endangerment Finding I. Lead Air Pollution 2. Health Effects and Lead Air Pollution 3. Welfare Effects and Lead Air Pollution B. Proposed Endangerment Finding V. The Proposed Cause or Contribute Finding Under CAA Section 231 A. Proposed Definition of the Air Pollutant B. The Data Used To Evaluate the Proposed Cause or Contribute Finding C. Proposed Cause or Contribution Finding for Lead ''EPA (2013) ISA for Lead. EPA, Washington, DC, EPA/600/R-10/075F, 2013. EPA (2006) AQC for Lead. EPA, Washington, DC, EPA/600/R-5/144aF, 2006. 62756 VI. Statutory Authority and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) C, Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use I. National Technology Transfer and Advancement Act (NTTAA) J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Determination Under Section 307(d) VII. Statutory Provisions and Legal Authority I. Executive Summary Pursuant to section 23 l(a)(2)(A) of the Clean Air Act (CAA or Act), the Administrator proposes to find that emissions of lead from covered aircraft engines cause or contribute to lead air pollution that may reasonably be anticipated to endanger public health and welfare. Covered aircraft would, for example, include smaller piston-engine aircraft such as the Cessna 172 (single- engine aircraft) and the Beechcraft Baron G58 (twin- engine aircraft), as well as the largest piston- engine aircraft-the Curtiss C-46 and the Douglas DC-6. Other examples of covered aircraft would include rotorcraft, such as the Robinson R44 helicopter, light-sport aircraft, and ultralight vehicles equipped with piston engines. For purposes of this action, the EPA is proposing to define the "air pollution" referred to in section 231 (a)(2)(A) of the CAA as lead, which we also refer to as the lead air pollution in this document /om21w+1 proposing to find that the lead air pollution may reasonably be anticipated to endanger the public health and welfare, the EPA relies on the extensive scientific evidence critically assessed in the 2013 Integrated Science Assessment for Lead (2013 Lead ISA) and the previous Air Quality Criteria Documents (AQCDs) for Lead, which the EPA prepared to serve as the scientific foundation for periodic reviews of EPA (1986) AQC for Lead, EPA, Washington, DC, EPA- 600/8--83/028aF-dF, 1986. EPA (1977) AQC for Lead. EPA, Washington, DC, EPA--600/8.-77-017 (NTIS PB28041), 1977. I R e g i s t er /Vo l . 8 7, N o . 1 9 9 /M o n d a y , O c t o b e r 1 7 , 2 0 2 2 /P ro p o s e d Rules 62757 the National Ambient Air Quality Standards runways where covered aircraft operate. This to the air long ago.25 Over time, lead that was (NAAQS) for lead.19202122 section ends with a description of a broad initially emitted to air can become less Further, for purposes of this action, the EPA range of federal actions to reduce lead available for environmental circulation by is proposing to define the "air pollutant" exposure from a variety of environmental sequestration in soil, sediment and other referred to in CAA section 23 1(a)2)A) as media and a summary of citizen petitions for reservoirs.26 lead, which we also refer to as the lead air rulemaking regarding lead emissions from The multimedia distribution of lead emitted pollutant in this document.' Accordingly, the covered aircraft and the EPA responses. into ambient ai r creates multiple air-related Administrator is proposing to find that ,,, / pathways of human and ecosystem exposure. A. Background Information Helpful to emissions of the lead air pollutant from These pathways may involve media other than Understanding This Proposal .. ··ludi 'ad d td d ·il covered aircraft engines cause or contribute to air, including indoor an out toor lust, so1l, the lead air pollution that may reasonably be This proposal draws extensively from the surface water and sediments, vegetation and anticipated to endanger public health and EPA's scientific assessments for lead, which biota. The human exposure pathways for lead welfare under CAA section 231(a)(2)(A). are developed as part of the EPA's periodic emitted into air include i nhalation of ambient In addition to the proposed findings and the reviews of the air quality criteria"° for lead and air or ingestion of food, water or other science on which they are based, this the lead NAAQS.17 These scientific materials, including dust and soil, that have document includes an overview and assessments provide a comprehensive review, been contaminated through a pathway background context helpful to understanding synthesis, and evaluation of the most policy- involving lead deposition from ambient air.27 the source sector in the context of this relevant science that builds upon the Ambient air inhalation pathways include both proposal, a brief summary of some of the conclusions of previous assessments. In the inhalation of air outdoors and inhalation of federal actions focused on reducing lead information that follows, we discuss and ambient air that has infiltrated into indoor exposures, and the legal framework for this describe scientific evidence summarized in the environments.28 The air-related ingestion action. most recent assessment, the 2013 Lead ISA"% pathways occur as a result of lead emissions as well as information summarized in to air being distributed to other environmental previous assessments, including the 1977, media, where humans can be exposed to it via 1986, and 2006 contact with and ingestion of indoor and AQCDs 192021 outdoor dusts, outdoor soil, food and drinking As described in the 2013 Lead ISA, lead water. emitted to ambient air is transported through The scientific evidence documents exposure the air and is distributed from air to other to many sources of lead emitted to the air that environmental media through deposition.?? have resulted in higher blood lead levels, Lead emitted in the past can remain available pmticularly for people living or working near for environmental or human exposure for sources, including stationary sources, such as extended time in some areas.23 Depending on mines and smelters, and mobile sources, such the environment where it is deposited, it may as cars and trucks when lead was a gasoline to various extents be resuspended into the additive,29 30 31 323334 Similarly, with regard to ambient air, integrated into the media on emissions from engines used in covered which it deposits, or transported in surface aircraft there have been studies reporting water runoff to other areas or nearby positive associations of children's blood lead waterbodics? Lead in the environment today levels with proximity to airports and activity by may have been airborne yesterday or emitted covered aircraft,3 3 thus indicating potential II. O verv iew and C ontext for This Proposal We summarize here background information that provides additional context for this proposed action. This includes information on the population of aircraft that have piston engines, information on the use of leaded aviation gasoline (avgas) in covered aircraft, physical and chemical characteristics of lead emissions from engines used in covered aircraft, concentrations of lead in air from these engine emissions, and the fate and transport of lead emitted by engines used in such aircraft. We also include here an analysis of populations residing near and attending school near airports and an analysis of potential environmental justice implications with regard to residential proximity to • As noted in Section VA of this notice, the lead air pollutant we arc considering in this proposed finding can occur as elemental lead or in lead- containing compounds. " Under section 108(a)(2) of the CAA, air quality criteria are intended to "accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of [a] pollutant in the ambient air..." Section 109 of the CAA directs the Administrator to propose and promulgate "primary" and "secondary" NAAQS for pollutants for which air quality criteria are issued. Under CAA section 109(d)(I), EPA must periodically complete a thorough review of the air quality criteria and the NAAQS and make such revisions as may be appropriate in accordance with sections 108 and 109(b) of the CAA. A fuller description of thesc legislative requirements can be found, for example, in the ISA (see 2013 Lcad ISA, p. 1xix). "" Section 109b)(1) defines a primary standard as one "the attainment and maintenance of which in the judgment of the Administrator, based on such criteria and allowing an adequate margin of safety, are requisite to protect the public health." A sccondary standard, as defined in section 109(b)2), must "specify a level of air quality the attainment and maintenance of which, in the judgment of the Administrator, based on such criteria, is requisite to protect the public welfare from any known or anticipated adverse effects associated with the presence of [the] pollutant in the ambient air." 18 EPA(20l3) ISA for Lead. EPA, Washington, DC, EPA/6OO/R-10/075F, 2013. EP A (1977) AQC for Lead. EPA, Washington, DC, EPA-600/8-77-017 NTIS PB2804 l I), I 977. 1 EPA (1986) AQC for Lead. EPA, Washington, DC, EPA-600/8-83/028aF-dF (NTIS PB87142386), 1986. a EPA (2006) AQC for Lead. EPA, Washington, DC, EPA/6OO/R-5/144aF, 2006. EPA (2013) ISA for Lead. Section 3.11. "Pathways for Pb Exposure." p. 3-1. EPA, Washington, DC, EPA/600/R- 10/075F, 2013. EPA (2013) ISA for Lead. Section 3.7.1. "Exposure." p. 3-144. EPA, Washington, DC, EPA/ 600/R-10/075E, 2013. EP A (2013) ISA for Lead. Section 6.2. "Fate and 'Transport of Pb in Ecosystems." p. 6-62. EPA, Washington, DC, EPA/600/R-I0/075F, 2013. 8 EPA (2013) ISA for Lead. Section 2.3. "Fate and Transport of Pb." p. 2--24. EPA, Washington, DC, EPA/600/R-I0/075F, 2013. 16 EPA (2013) ISA for Lead. Section 1.2.1. "Sources, Fate and Transport of Ambient Pb;" p. 1--6. Section 2.3. "Fate and Transport of Pb." p. 2-24. EPA, Washington, DC, EPA/600/R-I0/075F, 2013. 7 EPA (20I3) ISA for Lead. Section 3,1.1. "Pathways for P Exposure." p. 3-1, EPA, Washington, DC, EPA/6OO/R- 10/075F, 2013. % EPA (2013) ISA for Lead. Sections 1.3. "Exposure to Ambient Pb." p. I-II. EPA, Washington, DC, EPA/6OO/R- 10/075F, 2013. 19 EPA (2013) ISA for Lead. Sections 3.4.1. "Pb in Blood." p. 3-85; Section 5.4. "Summary." p. 5-40. EPA, Washington, DC, EPA/600/R--10/075E, 2013. EP A (2006) AQC for Lead. Chapter 3. EPA, Washington, DC, EPA/600/R--5/144aF, 2006. EPA (1986) AQC for Lead. Section 1.11.3. EPA, Washington, DC, EPA-600/8-83/028aF-dF (NTIS PB87142386), 1986. EPA (1977) AQC for Lead. Section 12.3.1.1. "Air Exposures." p. 12--10. EPA, Washington, DC, EPA-- 600/8-77-017 (NTIS PB280411), 1977. » EPA (1977) AQC for Lead. Section 12.3.1.2. "Air Exposures." p. 12-10. EPA, Washington, DC, EPA--600/8-- 77-017 (NTIS PB28041), 1977. EPA (1977) AQC for Lead. Section 12.3,1,1. "Air Exposures." p. 12-10. EPA, Washington, DC, EPA-600/8-- 77-017 (NTIS PB280411), 1977. ' Miranda et al., 2011. A Geospatial Analysis of the Effccls of Aviation Gasoline on Childhood Blood Lead Levels. Environmental Health Perspectives. 119:1513- 1516. Zahran et al., 2017. The Effect of Leaded Aviation Gasoline on Blood Lead in Children. Journal of the Association of Environmental and Resource Economists. 4(2):575-610. I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules 62758 for children's exposure to lead from covered avgas.39 Tetraethyl lead was first used in majority of piston-engine aircraft activity that aircraft engine emissions. A recent study piston-engine aircraft in 1927.4° Commercial occurs annually in the U.S.55 While less evaluating cardiovascular mortality rates in and military aircraft in the U.S. operated on aircraft activity occurs at the remaining adults 65 and older living within a few 100 Octane leaded avgas into the 1950s, but in 15,336 airports, that activity is conducted kilometers and downwind of runways, while subsequent years, the commercial and military predominantly by piston-engine aircraft. not evaluating blood lead levels, found higher aircraft fleet largely converted to turbine- Approximately 6,000 airports have been in mortality rates in adults living near single- engine powered aircraft which do not use operation since the early 1970s when the runway airports in years with more piston- leaded avgas."? The use of avgas containing leaded fuel being used contained up to 4.24 engine air traffic, but not in adults living near approximately 4 grams of lead per gallon grams of lead per gallon of avgas.56 The multi-runway airports, suggesting the potential continued in piston- engine aircraft until the activity by piston-engine aircraft spans a range for adverse adult health effects near some early 1970s when 100LL became the of purposes, as described further below. In airports."7 dominant leaded fuel in use. Alaska this fleet of aircraft currently play a ..._. [he%j'% qr'€ [WO 81]f@egg f d9tq fr9m1 [he P1[1g9[ role, 1n [he [1qp18p)1[qt1pm l. Piston-Engine Aircraft and the Use of federal government that provide annual infrastructure. Leaded Aviation Gasoline estimates of the volume of leaded av gas As of 2019, there were 171,934 piston- Aircraft operating in the U.S. are largely supplied and consumed in the U.S.: the engine aircraft in the U.S.57 This total includes powered by either turbine engines or piston Department of Energy, Energy Information 128,926 single-engine aircraft, 12,470 twin- engines, although other propulsion systems Administration (DOE EIA) provides engine aircraft, and 3,089 rotorcraf." The are in use and in development. Turbine-engine information on the volume of leaded avgas average age of single- engine aircraft in 2018 powered aircraft and a small percentage of supplied in the U.S.," and the FAA provides was 46.8 years and the average age of twin- piston-engine aircraft (i.e., those with diesel information on the volume of leaded avgas engine aircraft in 2018 was 44.7 years old." In engines) operate on fuel that does not contain consumed in the 2019, 883 new piston-engine aircraft were a lead additive. Covered aircraft, which are U.S.44 Over the ten-year period from 2011 manufactured in the U.S. some of which are predominantly piston-engine powered aircraft, through 2020, DOE estimates of the annual exported."For the period operate on leaded av gas. Examples of covered volume of leaded av gas supplied averaged 184 aircraft include smaller piston-powered million gallons, with year-on-year fluctuations aircraft such as the Cessna 172 (single- engine in fuel supplied ranging from a 25 percent aircraft) and the Beechcraft Baron G58 (twin- increase to a 29 percent decrease. Over the engine aircraft), as well as the largest piston- same period, from 2011 through 2020, the engine aircraft-the Curtiss C--46 and the FAA estimates of the annual volume of leaded Douglas DC-6. Additionally, some rotorcraft, avgas consumed averaged 196 million such as the Robinson R44 helicopter, light- gallons, with year- on-year fluctuations in fuel sport aircraft, and ultralight vehicles can have consumed ranging from an eight percent htups://ww.faa.gov/airports/planning_ piston engines that operate using leaded increase to a I4 percent decrease, The FAA cap acity/pi as'current/m ed/N PIAS-2021-2025- avgas. forecast for consumption of leaded av gas in Narrat ive.pdf. "fee FAA's NASR. Available at https:// Lead is added to avgas in the form of the U.S. ranges from 185 million gallons in ww.faa.gov/air _raffe'flight_infolae ronav/aero_ tetraethyl lead. Tetraethyl lead helps boost fuel 2026 to 179 million gallons in 2041, a daJaleNASR_Browserl. octane, prevents engine knock, and prevents decrease of three percent in that period,181As S7FAA. General Aviation and Part 135 Activity valve seat recession and subsequent loss of described later in this section, while the Surveys-CY 2019. Chapter I: Historical General compression for engines without hardened consumption of leaded avgas is expected to Aviation and Air Taxi Measures. Table 1.1- General valves. There are three main types of leaded decrease three percent from 2026 to 2041, Aviation and Pat 135 Number of Active avgas: 100 Octane, which can contain up to FAA projects increased activity at some Aircraft By Aircraft Type 2008--2019. Retrieved on Dec., 27, 2021 at hups://www.fa a. gov/data 4.24 grams of lead per gallon (1.12 grams of airports and decreased activity at other lead per liter), 100 Octane Low Lead (JO0LL), airports out to 2045. which can contain up to 2.12 grams of lead The FAA's National Airspace System per gallon (0.56 grams of lead per liter), and Resource (NASR)54 provides a complete list 100 Octane Very Low Lead (100VLL), which of operational airport facilities in the U.S. can contain up to 0.71 grams of lead per Among the approximately 19,600 airports gallon (0.45 grams of lead per liter).38 listed in the NASR, approximately 3,300 are Currently, JO0LL is the most commonly included in the National Plan oflntegrated available and most commonly used type of Airport Systems (NPIAS) and support the ",See FAA. NASR. Available at https:// www.faa.gov/air_trafficiflight_info/aeronav/aero_ data/eNASR_Browser/. 9FA (2020) National Plan of Integrated Airport Systems (NPIAS) 2021-2025 Published by the Secretary of Transportation Pursuant to Title 49 U.S. Code, Section 47103. Retrieved on Nov. 3, 2021 from: "7 Klemick et al., 2022. Cardiovascular Mortality and Leaded Aviation Fuel: Evidence from Piston- Engine Air Traffic in North Carolina. In ternat ional Journal of En vironm e ntal Research and Public Health. 19(10):5941. ASTM Interational (May 1, 2021) Standard Specification for Leaded Aviation Gasolines D910.-21. 3 National Academies of Sciences, Engine er in g , and Medicine (NAS). 2021. Options for Reducing Lead Emissions from Piston-Engine Aircraft. Washington, DC: The National Academies Press. https://doi.o rg/1 0.17226/26050. "0 Ogston 1981. A Short History of Aviation Gasoline Development, 1903--1980.Society of Automotive Engineers. p. 810848. U.S. Department of Commerce Civil Aeronautics Administration. Statistical Handbook of Aviation (Years 1930--1959). hups:// babel.hathitrust.orgtcgi/pt?id--mdp. 39015027813032&view-lup&seq=899. 42 U.S. Department of Commerce Civil Aeronautics Administration. Statistical Handbook of Aviation (Years 1960-1971). htp s:// babel.hath itrust.org!cgil pt?id-mdp.39015004520279&view·Iup&seq-==9& skin- 2021. pOE. EIA. Petroleum and Other Liquids; Supply and Disposition. Aviation Gasoline in Annual Thousand Barrels. Fuel production volume data obtained from https ://ww w.eia.gov'd na v/p et/ pet_sum_snd_a_eppv_mbbl_a_cur-I.htm and https://www.eia.gov/dav/pet/hist/ Lea[Handler.ash?n+PET&s=C400000001&f-A on Dec., 30, 2021. " Department of Transportation (DOT). FAA. research/aviation_data_statistics/general_aviation/ CY2019/. Separately, FAA maintains a database of FAA- registered aircraft and as of January 6, 2022 there were 222,592 piston-engine aircraft registered with FAA. See: https://registry.faa.gov/ airerafinquiry/. FAA. General Aviation and Part 135 Activity Surveys---CY 2019. Chapter l: Historical General Aviation and Air Taxi Measures. Table I.I-- General Aviation and Part 135 Number of Active Aviation Policy and Plans. FAA Aerospace Forecast Fiscal Years 2009-2025. p. 81. Available at http:// www.faa.gov/data_research/aviation/aerospace_ forecast/2009-2025/m edia 2009%20Forecast%2 0Doc.pdf. This document provides historical data for 2000-2008 as well as forecast data. "· DOT, FAA. Aviation Policy and Plans. Table ,p. I11. FAA Aerospace Forecast Fiscal Years 2021- 2041. Available at https://www.faa.gov/sites/ faa. gov/files/data_research/aviation/aerospace_ forecast/FY2021-41_FAA_Aerospace_Forecast.pdf. 627 59 6FA A. General Aviation and Part 135 Activity Surveys CY 2019, Chapter 3: Primary and Actual Use. Table 3.2General Aviation and Part 135 Total Hours Flow by Actual Use 2008--2019 (Hours in Thousands). Retrieved on Mar., 22, 2022 at "General Aviation Manufacturers Association www.faa.gov/data_research/aviation_data_ https:/iwww.faa.gov'data_research/aviation_ (GAMA) (2019) General Aviation Statistical statistics/civil_airmen _statistics on May 20, 2022. data_statistics/gene ral_aviation/CY2019/ Databook and Industry Outlook, p.27. Retrieved on FAA General Aviation and Part 135 Activity 6p4A. General Aviation and Pant 135 Ac@it October 7, 2021 from: https://gam a.aero/wp - Surveys- -CY 2019. Chapter 1: Historical General Avl.at1·011-a11dA1'rTa.x1· Mcast1rc~. Table 1.4 General Surveys CY 2019. Chapter 3: Primary and Actual content/uploads/G AMA_2019D atahook_Fin al-2020-0+ jiation and Part 135 Total Hours Flown By Actual Use Use. Table 1.3--General Aviation and Part 13 20 1:.,fAMA (2019) General Aviation Statistical 2008-2019 (Hours in Thousands). Retrieved on Dec., 27, Total Hours Flown by Aircraft Type 2008-2019 (Hours in Databook and Industry Outlook, p.16. Retrieved on 2021 at htip s://w w w.faa.gov/ Thousands). Retrieved on Dec., 27, 2021 at from 2019 through 2041, the fleet of fixed da ta_r esearch /aviat ion _dat a_statistics /gen eral_ hups://w wfa a.gov/dat a_research 'aviation_ 61 , ·d aviation/C Y2019/ dat a_statistics/gene ral_aviation/CY2019/ YU" Pl"O""Hl" al""al'UP"OJ""" ii2on2, e FAA Aerospace Forecast projected a0.0 decrease at an annual average rate of0.9 percent increase in hours flown by the piston-engine aircraft percent, and the hours flown by these aircraft fleet for the period 2012 through 2032. FAA Aerospace is projected to decrease 0.9 percent per year Forecast Fiscal Years 2012-2032. p. 53. Available at from 2019 to 2041.° An annual average htups://www.fa a.gov h · h d · f. :. pesticide application and seeding cropland. In data_researchlal'iatio11/aem spaceJorecas/s/111 edial growtt rate in the production of piston-engine 2012%20F44%20Aerospace%2 0Forecast .pdf. powered rotorcraft of 0.9 percent is forecast, 2019, aerial application in agriculture "See FAA's Air Trafie Activity Data. Available at with a commensurate 19 percent increase in represented 883,600 hours flown by general nu s://aspm .faa.gov/op snet/sys/airp ort.asp. hours flown in that period by piston- engine aviation aircraft, and approximately 17.5 general aviation activity is often used as a powered rotorcraft.63 There were percent of these total hours were flown by surrogate measure for understanding piston- approximately 664,565 pilots certified to fly piston-engine aircraft.67 engine activity. general aviation aircraft in the U.S. in 2021.° Approximately 7 percent of the hours In order to understand the trend in airport- This included 197,665 student pilots and flown that are categorized as general aviation specific piston-engine activity in the past ten 466,900 non-student pilots. In addition, there activity are conducted by piston-engine years, we evaluated the trend in general were more than 301,000 FM Non-Pilot aircraft, and 17 percent of the hours flown that aviation activity. We calculated the average Certificated mechanics,6 are categorized as air taxi are conducted by activity at each of the airports inATADS over Piston-engine aircraft are used to conduct piston- engine aircraft." From the period 20I2 (rec-year periods for the years 2010 through flights that are categorized as either general through 2019, the total hours flown by piston- 2012 and for the years 2017 through 2019. We aviation or air taxi. General aviation flights engine aircraft increased nine percent from focused this trend analysis on the airports in are defined as all aviation other than military 13.2 million hours in 2012 to 14.4 million ATADS because these data are collected daily and those flights by scheduled commercial hours in 20196970 at an airport-specific control tower (in contrast airlines. Air taxi flights are short duration As noted earlier, the U.S. has a dense with annual activity estimates provided at flights made by small commercial aircraft on network of airports where piston-engine airports without control towers). There were demand. The hours flown by aircraft in the aircraft operate, and a small subset of those 513 airports in ATADS for which data were general aviation fleet are comprised of airports have air traffic control towers which available to determine annual average activity personal and recreational transportation (67 collect daily counts of aircraft operations at for both the 2010-2012 period and the 2017- percent), business (12 percent), instructional the facility ( one takeoff or landing event is 2019 time period. The annual average flying (8 percent), medical transportation (less termed an "operation"). These daily operations by general aviation at each of these than one percent), and the remainder includes operations are provided by the FM in the Air airports in the period 20 IO through 2012 hours spent in other applications such as aerial Traffic Activity System (ATADS).7 The ranged from 31 to 346,415, with a median of observation and aerial application. Aerial ATADS reports three categories of airport 34,368; the annual average operations by application for agricultural activity includes operations that can be conducted by piston- general aviation in the period from 2017 crop and timber production, which involve engine aircraft: Itinerant General Aviation, through 2019 ranged from 2,370 to 396,554, fertilizer and Local Civil, and with a median of 34,365. Of the 513 airports, Itinerant Air Taxi. The sum of Itinerant 211airports reported increased general General Aviation and Local Civil at a facility aviation activity over the period evaluated.47 is referred to as general aviation operations. The increase in the average annual number of Piston-engine aircraft operations in these operations by general aviation aircraft at these categories are not reported separately from 211 facilities ranged from 151 to 136,872 (an operations conducted by aircraft using other increase of two percent and 52 percent, propulsion systems (e.g., turboprop). Because respectively). piston-engine aircraft activity generally While national consumption of leaded comprises the majority of general aviation av gas is forecast to decrease three percent activity at an airport, from 2026 to 2045, this change in fuel consumption is not expected to occur uniformly across airports in the U.S. The FAA produces the Terminal Area Forecast (TAF), which is the official forecast of aviation activity for the 3,300 U.S. airports that are in the NPIAS.48 For the 3,306 airports in the TAF, we compared the average activity by I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules Aircraft By Aircraft Type 2008-2019. Retrieved on Dec., ww wfaa.gov/dat a_research /aviation _dat a_ 27, 2021 at hups://ww w.faa.gov/data_ statistics/civil_airmen_statistics on May 20, 2022. research/aviation_data_statistics'general_aviation/ 6fFA. U.S. Civil inen Statistics. 2021 Active Civil C Y2019/. Ainan Statistics. Retrieved from https:// October 7, 2021 from: https://gama.aero/wp - content/uploads/G AM A _2019D atabook_Final-2020- 03- 20.p df. 'There are both fixed-wing and rotary-wing aircraft; and airplane is an engine-driven, fixed- wing aircraft and a rotorcraft is an engine-driven rotary-wing aircraft. fee FAA Aerospace Forecast Fiscal Years 2021--2041. p. 28. Available at https://w w w.faa.gov sites/faa. go/fi les/data_research /aviatio t aerosp ace forecasts/F Y2021-41_FA A_Aerospace_ Forecast.pdf. 6FAA Aerospace Forecast Fiscal Years 2021-- 2041. Table 28. p. 116., and Table 29. p. 17. Available at https://ww w .faa.gov/s ites/faa.gov/fi les/ data_research/aviation/aerospace_forecasts/ F Y2021- 41_FA A _Aerospace_Forecast.pdf. «pAA. U.S. Civil Ainen Statistics. 2021 Active Civil Airman Statistics. Retrieved from htups:// 7 Gcidosch. Memorandum to Docket EPA-HQ- 0AR-2022-0389. Past Trends and Future 67FAA. General Aviation and Part 135 Activity Surveys CY 2019. Chapter 3: Primary and Actual Use. Table 3.2--General Aviation and Pant 135 Total Hours Flown by Actual Use 2008-2019 (Hours in Thousands). Retrieved on Mar., 22, 2022 al http,s://w w w.faa.gov/dat a_research/aviation _ dat a_statistics/gen e ral_aviatioiC Y 2019/. Projections in General Aviation Activity and Emissions. June 1, 2022. Docket ID EPA--HQ-2022-- 0389. FAA's TAF Fiscal Years 2020--2045 describes the forecast method, data sources, and review process for the TAF estimates. The documentation for the TAF is available at https:/affaa. gov Downloads/TAFSm a ryFY2020- 2045.pdf. I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules general aviation at each airport from 2017-- As with motor vehicle engines, when leaded 2019 with the FAA forecast for general av gas is combusted, the lead is oxidized to aviation activity at those airports in 2045. The form lead oxide. In the absence of the FAA forecasts that activity by general aviation ethylene dibromide lead scavenger in the fuel, will decrease al 234 of the airports in the TAF, lead oxide can remain the same at 1,960 airports, and increase at I, I 12 of the airports. To evaluate the magnitude of potential increases in activity for the same 513 airports for which we evaluated activity trends in the past ten years, we compared the 2017-2019 average general aviation activity at each of these airports with } the forecasted activity for 2045 in the TAP"l The annual operations estimated for the 513 airports in 2045 ranges from 2,914 to 427,821 with a median of 36,883. The TAF forecasts an increase in activity at 442 of the 513 airports out to 2045, with the increase in operations at those facilities ranging from 18 to 83,704 operations annually (an increase of 0.2 percent and 24 percent, respectively). 2. Emissions of Lead From Piston- Engine Aircraft This section describes the physical and chemical characteristics of lead emitted by covered aircraft, and the national, state, county and airport- specific annual inventories of these engine emissions of lead. Information regarding lead emissions from motor vehicle engines operating on leaded fuel is summarized in prior AQCDs for Lead, and the 2013 Lead ISA also includes information on lead emissions from piston-engine aircraft. 75 76 77 Lead is added to avgas in the form of tetraethyl lead along with ethylene dibromide, both of which were used in leaded gasoline for motor vehicles in the past. Therefore, the summary of the science regarding emissions of lead from motor vehicles presented in the 1997 and 1986 AQCDs for Lead is relevant to understanding some of the properties of lead emitted from piston-engine aircraft and the atmospheric chemistry these emissions are expected to undergo. Recent studies relevant to understanding lead emissions from piston- engine aircraft have also been published and are discussed here. a. Physical and Chemical Characteristics of Lead Emitted by Piston-Engine Aircraft " EPA (1986) AQC for L.cad. EPA, Washington, DC, EPA-600/8-83/028aF-dF (NTIS PB87142386), 1986. 0 Griffith 2020. Electron microscopic characterization of exhaust particles containing lead dibromide beads expelled from aircraft buming leaded gasoline. Atmospheric Pollution Research 11:1481-1486. " EPA (1986) AQC for Lead. Volume 2: Chapters 5 & 6. EPA, Washington, DC, EPA-600/8-83/028aF-- dF (NTIS PB87142386), 1986. 52 EPA (2013) 1SA for Lead. Table 2-1. "Pb Compounds Observed in the Environment.," p. 2-8. EPA, Washington, DC, EPA/600/R--10/075F, 2013. " EPA (20I3) ISA for Lead. Section 2.2.2.1 "P Emissions from Piston-engine Aircraft Operating on Leaded-Aviation Gasoline and Other Non-road Sources." p. 2--I0. EPA, Washington, DC, EPA/600/ R-10/075F, 2013. might be in organic form may potentially be 20 percent (as an upper bound estimate)." In addition, tetraethyl lead is a highly volatile compound and therefore, a portion of tetraethyl lead in fuel exposed to air will partition into the vapor phase,"6$ Particles emitted by piston-engine aircraft 7The TAF is prepared to assist the FAA in meeting its are in the submicron size range (less than one planning, budgeting, and staffing requirements. In addition, state aviation authorities and other aviation planners use the micron in diameter). The TAF as a basis for planning airport improvements. The TAF Swiss Federal Office of Civil Aviation is available on the internet. The TAF database can be (FOCA) published a study of piston- engine accessed at: https:/taffaa.gov. aircraft emissions including measurements of "EPA (1977) AQC for Lead. EPA, Washington, DC, lead."° The Swiss POCA reported the mean EPA--600/8-77-017 (NTIS PB280411), 1977... . EPA (1986) AQC for Lead. EPA, Washington, DC, particle diameter of particulate matter emitted EPA-600/8-83/028aF-dF (NTIS PB87142386), 1986. by one single-engine piston-powered aircraft "7EPA (2013) ISA for Lead. Section 2.2.2.1 "P ranged from 0.049 to 0.108 microns under Emissions from Piston-engine Aircraft Operating on different power conditions (lead particles Leaded Aviation Gasoline and Other Non-road Sources." p. would be expected to be present, but these 2-I0. EPA, Washington, DC, EPA/600/ R-10/075F, 2013. so t tel id tified ' thi particles were not separately 1lentt!re mn I1s study). The particle number concentration ranged from 5.7x10°to 8.6x10° particles per cm3• The authors noted that these particle emission rates are comparable to those from a typical diesel passenger car engine without a particle filter."" Griffith (2020) collected exhaust particles from a piston-engine aircraft operating on leaded avgas and examined the particles using electron microscopy. Griffith reported that the mean diameter of particles collected in exhaust was 13 nanometers (0.013 microns) consisting of a 4 nanometer (0.004 micron) lead dibromide particle surrounded by hydrocarbons. b. Inventory of Lead Emitted by Piston- Engine Aircraft collect on the valves and spark plugs, and if the deposits become thick enough, the engine can be damaged. Ethylene dibromide reacts with the lead oxide, converting it to brominated lead and lead oxybromides. These brominated forms of lead remain volatile at high combustion temperatures and are emitted from the engine along with the other combustion by-products." Upon cooling to ambient temperatures these brominated lead compounds are converted to particulate matter. The presence of lead di bromide particles in the exhaust from a piston- engine aircraft has been confirmed by Griffith (2020) and is the primary form of lead emitted by engines operating on leaded fuel." In addition to lead bromides, ammonium salts of other lead halides were also emitted by motor vehicles and would be expected in the exhaust of piston-engine aircraft.° Uncombusted alkyl lead was also measured in the exhaust of motor vehicles operating on leaded gasoline and is therefore likely to be present in the exhaust from piston-engine aircraft.52 Alkyl lead is the general tenn used for organic lead compounds and includes the lead additive tetraethyl lead. Summarizing the available data regarding emissions of alkyl lead from piston-engine aircraft, the 2013 Lead ISA notes that lead in the exhaust that Memorandum to Docket EPA--HQ-OAR-2022-- $6Potential Exposure to Non-exhaust Lead and Ethylene Dibromide. June 15, 2022. Docket ID EPA-- HQ-2022-- 0389. 56 Swiss FOCA (2007) Aircraft Piston Engine Emissions Summary Report. 33-05--003 Piston Engine Emissions_Swiss FOCA_Summary. Report_ 070612_rit. Available at https:// www.bazl.admin.ch/bazl/en/home/specialists regulations- and-guidelines/environment/pollutant- emissions/aircraft- engine-emissions/report- appendices-database-and-data- sheets.html. 67 Swiss FOCA (2007) Aircraft Piston Engine Emissions Summary Report. 33--05-003 Piston Engine Emissions_Swiss FOCA_Summary. Report_ 070612_rit. Section 2.2.3.a . Available at https:// 62760 Lead emissions from covered aircraft are the largest single source of lead to air in the U.S. in recent years, contributing over 50 percent of lead emissions to air starting in 2008 (Table 1).58 In 2017, approximately 470 tons of lead were emitted by engines in piston- powered aircraft, which constituted 70 percent of the annual emissions of lead to air in that year.59 Lead is emitted at and near thousands of airports in the U.S. as described in Section II.A. I of this document. The EPA's method for developing airport-specific lead estimates is described in the EPA's Advance Notice of Proposed Rulemaking on Lead Emissions from Piston-Engine Aircraft Using Leaded Aviation Gasoline"" and in the document titled www.bazl.admin.ch/bazl/en/home/specialists/ regulations- and-guidelines/environment/pollutant- emissions/aircraft- engine-emissions/report- appendices-database-and-data- sheets.html. 8 The lead inventories for 2008, 2011 and 2014 are provided in the U.S. EPA (2018b) Report on the Environment Exhibit 2. Anthropogenic lead emissions in the U.S. Available at https:// cfpub.epa.gov/roe/indicator€fin?i=13112. "9 EPA 2017 NEL. Available at https://www.epa.gov/air- emissions-inventories/20I7- national-emissions-inventory- nei-data. 0Advance Notice of Proposed Rulemaking on Lead Emissions from Piston-Engine Aircraft Using 1 Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules "Calculating Piston- Engine Aircraft Airport lead emissions as well as estimates of lead 62761 inventory data are briefly summarized here at 2008 2011 2014 2017 Piston-engine emissions of lead to air, tons ................................................... 560 490 460 470 Total U.S. lead emissions, tons ............................................................. ......... 950 810 720 670 Piston-engine emissions as a percent of the total U.S. lead inventory.......... 59% 60% 64% 70% TABLE 1-PISTON-ENGINE EMISSION S OF LEAD TO AIR Inventories for Lead for the 2008 National Emissions Inventory. "89 The EPA's National Emissions Inventory (NED) reports airport estimates of At the state level, the EPA estimates of lead emissions from piston-engine aircraft range from 0.3 tons (Rhode Island) to 50.5 tons (California), 47 percent of which is emitted in the landing and takeoff cycle and 53 percent of which the EPA estimates is emitted in- flight, outside the landing and takeoff cycle.? Among the counties in the U.S. where the EPA estimates engine emissions of lead from covered aircraft, lead inventories range from 0.00005 tons per year to 4.1 tons per year and constitute the only source of air-related lead in I, 140 counties (the county estimates of lead emissions include the lead emitted during the landing and takeoff cycle and not lead emitted in- flight)" In the counties where engine emissions of lead from aircraft are the sole source of lead to these estimates, annual lead emissions from the landing and takeoff cycle ranged from 0.00015 to 0.74 tons. Among the 1,872 counties in the U.S. with multiple sources of lead, including engine emission from covered aircraft, the contribution of aircraft engine emissions ranges from 0.0006 to 0.26 tons, comprising 0.0065 to 99.98 percent of the county total, respectively. The EPA estimates that among the approximately 20,000 airports in the emitted in- flight, which are allocated to states based on the fraction of piston-engine aircraft activity estimated for each state. These the state, county, and airport level.9% Leaded Aviation Gasoline. 75 FR 2440 (April 28, 2010). %Airport lead annual emissions data used were reported in the 2017 NEI. Available at https://www.epa.gov/air- emissions-inventories/2017- national-emissions-inventory- nei-data. The methods used to develop these inventories are described in EPA (2010) Calculating Piston-Engine Aircraft Airport Inventories for Lead for the 2008 NEI. EPA, Washington, DC, EPA--420-B--10-044, 2010. (Also available in the docket for this action, EPA-HQ-OAR-2022-0389). 9911e 20I7 NEI utilized 2014 aircraft activity data to develop airport-specific lead inventories. Details can be found on page 3--17 of the document located here: https://www.epa.gov/sites/default/ fi les/2021- 02/doc en ts/ne i2017_1sd_full_ jan202 1.pd[i#page =70&zoom = 100,68,633. Lead emitted in-fligh t is assigned to states based on their overall fraction of total piston-engine aircraft operations. The state-level estimates of engine emissions of lead include both lead emitted in the landing and takeoff cycle as well as lead emitted in-flight. The method used to develop these estimates is described in EPA (2010) Calculating Piston-Engine Aircraft Airport Inventories for Lead U.S., airport lead inventories range from 0.00005 tons per year to 0.9 tons per year.93 In 2017, the EPA's NEI includes 63 8 airports where the EPA estimates engine emissions of lead from covered aircraft were 0.1 ton or more of lead annually. Using the FAA's forecasted activity in 2045 for the approximately 3,300 airports in the NPIAS (as described in Section II.A. I of this document), the EPA estimates airport- specific inventories may range from 0.00003 tons to 1.28 tons of lead (median of0.03 tons), with 656 airports for the 2008 NEI, available here: https:// nepis.epa.gov/Exe/ZyPDE.gi/P1009113. PDF?DockeyP I009I3.PDF. 92 Airport lead annual emissions data used were reported in the 2017 NEI. Available at https://www.epa.gov/air- emissions-inventories/2017- national-emissions-inventory- nei-data. In addition to the triennial NEJ, the EPA collects from state, local, and Tribal air agencies point source data for larger sources every year (see https://www.epa.gov/ air- emissions-inventories/air-emissions-reporting- requirements-aerr for specific emissions thresholds). While these data are not typically published as a new NEI, they are available publicly upon request and are also included in https://w w w.ep a.g ov/air-emissions-modeling/emissions- modeling-platforms that are created for years other than the triennial NEI years. County estimates of lead emissions from non-aircraft sources used in this action are from the 2019 inventory. There are 3,012 counties and statistical equivalent areas where EPA estimates engine emissions of lead occur. 99ee EPA lead inventory data available at https://www.epa.gov/air-emissions-modeling/ emissions- modeling-platforms. estimated to have inventories above 0.1 tons in 2045.9 We estimate that piston-engine aircraft have consumed approximately 38.6 billion gallons of leaded avgas in the U.S. since 1930, excluding military aircraft use of this fuel, emitting approximately 113,000 tons of lead to the air, 9° 3. Concentrations of Lead in Air Attributable to Emissions From Piston- Engine Aircraft In this section, we describe the concentrations of lead in air resulting from emissions of lead from covered aircraft. Air quality monitoring and modeling studies for lead at and near airports have identified elevated concentrations of lead in air from piston-engine aircraft exhaust at, and downwind of, airports where these aircraft are active, 96 97 98 99 100 10! This section provides a summary of the literature regarding the local- scale impact of aircraft emissions of lead on concentrations of lead at and near airports, with specific focus on the results of air monitoring for lead that the %PA used the method describe in EPA (2010) Calculating Piston-Engine Aircraft Airport Inventories for Lead for the 2008 NEI lo estimate airport lead inventories in 2045. This document is available here: https://hepis.epa.gov/Exel ZyPDF.cg/P 1009II3.PDF?Dockey=PI009II3.PDE "Geidosch. Memorandum to Docket EPA-HQ- OAR- 2022-0389. Lead Emissions from the use of Leaded Aviation Gasoline from 1930 through 2020. June I, 2022. Docket ID EPA--HQ-2022-0389. %Carr et. al., 2011. Development and evaluation of an air quality modeling approach to assess near- field impacts of lead emissions from piston-engine aircraft operating on leaded aviation gasoline. Atmospheric Environment, 45 (32), 5795-5804. DOI: https:/dx.doi.org/10.1016/j.atmosenv 2011.07.017. 7Feinberg et. al., 2016. Modeling of Lead Concentrations and Hot Spols at General Aviation Airports. Journal of the 'Transportation Research Board, No. 2569, Transportation Research Board, Washington, DC, pp. 80-87. DOI: 10.3141/2569-09. %Municipality of Anchorage (2012). Merrill Field Lead Monitoring Report. Municipality of Anchorage Department of Health and Human Services. Anchorage, Alaska. Available at https:// www.uni.org/Departments/health/Admi environmen t/Air/Documents/Merrill%20Field %20Lead%20Monitoring2 0sdy_2012/Merrill %20Field%20Lead%20Study%20Report%20-%20 final. pdf. %Environment Canada (2000) Airborne Particulate Matter, Lead and Manganese at Buttonville Airport. Toronto, Ontario, Canada: Conor Pacific Environmental Technologies for Environmental Protection Service, Ontario Region. t0opine et. al., 2010. General Aviation Airport Air Monitoring Study. South Coast Air Quality Management District, Available at https://www.aqd.gov/docs/default- source/air-quality/airquality-monitoring-studies/general- aviation-study/ study-of-air-toxins-near-van-mys-and- santamonica-airport.pdf. 0Lead emitted from piston-engine aircraft in the particulate phase would also be measured in samples collected to evaluate total ambient PM.s concentrations. EPA required at a subset of airports and an analysis conducted by the EPA to estimate concentrations of lead at 13,000 airports in the U.S., titled "Model-extrapolated Estimates of Airborne Lead Concentrations at U.S. Airports, " 102 103 Gradient studies evaluate how lead concentrations change with distance from an I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules airport where piston-engine aircraft operate. consumption where the aircraft are stationary These studies indicate that concentrations of and running.'I0 1 12 For piston-engine aircraft lead in air are estimated to be one to two orders these areas are most commonly locations in of magnitude higher at locations proximate to which pilots conduct engine tests during run- aircraft emissions, compared to nearby up operations prior to take-off (e.g., magneto locations not impacted by a source of lead air checks during the run-up operation mode). emissions (concentrations for periods of Run-up operations are conducted while the approximately 18 hours to three-month brakes are engaged so the aircraft is stationary averages).104 105 106 107 1os 1oo The magnitude of and are often conducted adjacent to the lead concentrations at and near airports is runway end from which the aircraft will take highly influenced by the amount of aircraft off. Additional modes of operation by piston- activity (ie., the number of take-off and engine aircraft, such as taxiing or idling near landing operations, particularly if conccntrtcd the runway, may result in additional hot3pots at one runway) and the time spent by aircratl in of elevated lead concentration (e.g., start-up specific modes of operation. The most and idle, maintenance run-up ).113 significant emissions in terms of ground-based The lead NAAQS was revised in 2008.1/4 activity, and therefore The 2008 decision revised the level, averaging time and form of the standards to establish the current primary and secondary standards, which are both 0.15 micrograms per cubic meter of air, in terms of consecutive three- month average of lead in total suspended particles.'' In conjunction with strengthening the lead NAAQS in 2008, the EPA enhanced the existing lead monitoring network by requiring monitors to be placed in areas with sources such as industrial facilities and airports with estimated lead emissions of 1.0 ton or more per year. Lead monitoring was conducted at two airports following from these requirements (Deer Valley Airport, AZ and the Van Nuys Airport, CA). In 2010, the EPA made further revisions to the monitoring requirements such that state and local air quality agencies are now required to monitor near industrial facilities with estimated lead emissions of0.50 tons or more per year and at airports with estimated emissions of 1.0 0ppA (2020) Model-extrapolated Estimates of Airborne Lead Concentrations at U.S. Airports. EPA, Washington, DC, EPA- 420--R-20-003, 2020. Available at https://epis.epa.go/Exe/ZyPDE.cg? DockeyP100YG52.pdf. EPA responses to peer review comments on the report are available at https://epis.epa.go»Exe/ZyPDE.cgi?Dockeye PIO0YID.pdf. These documents are also available in the docket for this action (Docket EPA-HQ- OAR--2022-- 0389). %"EPA (2022) Technical Support Document (TSD) for the EPA's Proposed Finding that Lead Emissions from Aircraft Engines that Operate on Leaded Fuel Cause or Contribute to Air Pollution that May Reasonably Be Anticipated to Endanger Public Health and Welfare. EPA, Washington, DC, EPA-420-R-22-025, 2022. Available in the docket for this action. 0These studies report monitored or modeled data for averaging times ranging from approximately 18 hours to three-month averages. 0Carr et. al., 2011. Development and evaluation of an air quality modeling approach to assess near- field impacts of lead emissions from piston-engine aircraft operating on leaded aviation gasoline. Atmospheric Environment, 45 (32), 5795--5804. DOI: hups:/dx.doi.org/10.1016/j.atnosen. 2011.07.017. 0Heiken et. al., 2014. Quantifying Aircraft Lead Emissions at Airports, ACRP Report 133. Available at https://www.nap.edu/catalog/2 2 142/quantifyingaircraft- lead-emissions-at-airports. Hdda et. al., 2022. Substantial Near-Field Air Quality Improvements at a General Aviation Airport Following a Runway Shortening. Environmental Science & Technology DOI: 10.1021/ acs.est. 1c06765. top;e et. al., 2010. General Aviation Airport Air Monitoring Study. South Coast Air Quality Management District. Available at http.s:// www.aqmd. gov/docs/default- source/air-quality/airquality-monitoring-studies/general- aviation-study/ study-of-air-toxins-near-van-muys-and- santamonica-airport.pdf. 0EPA (2020) Model-extrapolated Estimates of Airborne Lead Concentrations at U.S. Airports. EPA, Washington, DC, EPA- 420-R-20-003, 2020. ground-level concentrations of lead in air, occur near the areas with greatest fuel EPA (2015) Program Overview: Airport Lead Monitoring. EPA, Washington, DC, EPA-420--F--15-- 003, 2015. Available at: https://nepis.epa.gov/Exe! ZyPDF.cg/PIO0LID.PDF?Dockey PIO0LJDW.PDF EPA (2022) Technical Support Document (TSD ) for the EPA's Proposed Finding that Lead 10EPA (2010) Development and Evaluation of an Air Quality Modeling Approach for Lead Emissions from Piston-Engine Aircraft Operating on Leaded Aviation Gasoline. EPA, Washington, DC, EPA-- 420--R-10-007, 2010. htups://epis.epa. gov/Exel ZyPDF.cg/PI007H 4Q.PDF?Dockey+PIO07 HA.PDE HEPA (2020) Model-extrapolated Estimates of Airborne Lead Concentrations at U.S. Airports. EPA, Washington, DC, EPA-420--R-20-003, 2020. EPA responses to peer review comments on the report arc available at https://nepis.epa. gov/Exel ZyPDF.cgi?Dockey-PIO0YID. pdf. Feinberg et. al., 2016. Modeling of Lead Concentrations and Hot Spots at General Aviation Airports. Journal of the Transportation Research Board, No. 2569, Transportation Research Board, Washington, DC, pp. 80-87. DOI: 10.3141/2569-09. Feinberg et. al., 2016. Modeling of Lead Concentrations and Hot Spots al General Aviation Airports. Journal of the Transportation Research Board, No. 2569, Transportation Research Board, Washington, DC, pp, 80-87. DOI: 10.3141/2569-09. 173 FR 66965 (Nov. 12, 2008). '40 CFR 50.16 (Nov. 12, 2008). Emissions from Aircraft Engines that Operate on Leaded Fuel Cause or Contribute to Air Pollution that May Reasonably Be Anticipated to Endanger Public Health and Welfare. EPA, Washington, DC, EPA-420--R-22-025, 2022. Available in the docket for this action. 6 A design value is a statistic that summarizes the air quality data for a given area in terms of the indicator, 62762 ton or more per year.l As part of this 2010 requirement to expand lead monitoring, the EPA also required a one-year monitoring study of 15 additional airports with estimated lead emissions between 0.50 and 1.0 ton per year in an effort to better understand how these emissions affect concentrations of lead in the air at and near airports. Further, to help evaluate airport characteristics that could lead to ambient lead concentrations that approach or exceed the lead NAAQS, airports for this one-year monitoring study were selected bascd on factors such as thc lcvcl of piston- engine aircraft activity and the predominant use of one runway due to wind patterns. As a result of these requirements, state and local air authorities collected and certified lead concentration data for at least one year at 17 airports with most monitors starting in 2012 and generally continuing through 2013. The data presented in Table 2 are based on the certified data for these sites and represent the maximum concentration monitored in a rolling three-month average for each location. 61 6263 TABLE 2-LEAD CONCENTRATIONS MONITORED AT 17 AIRPORTS IN THE U.S. Airport, State " Lead design value, "" g/m? Auburn Municipal Airport, WA .. Brookhaven Airport, NY . Centennial Airport, CO . Deer Valley Airport, AZ . Gillespie Field, CA . Harvey Field, WA . McClellan-Palomar Airport, CA Merrill Field, AK . Nantucket Memorial Airport, MA . Oakland County International Airport, Ml . Palo Alto Airport, CA . Pryor Field Regional Airport, AL Reid-Hillview Airport, CA . Republic Airport, NY . San Carlos Airport, CA . Stinson Municipal, TX . Van Nuys Airport, CA . 0.06 0.03 0.02 0.04 0.07 0.02 0.17 0.07 0.01 0.02 0.12 0.01 0.10 0.01 0.33 0.03 0.06 Monitored lead concentrations violated the lead NAAQS at two airports in 2012: the McClellan-Palomar Airport and the San Carlos Airport. At both of these airports, averaging time, and form of the standard. Design values can be compared to the level of the standard and are typically used to designate areas as meeting or not meeting the standard and assess progress towards meeting the NAAQS. FR 81226 (Dec. 27, 2010) I R e g i s t e r /V o l. 8 7 , N o . 1 9 9 /M o n d a y, O c t o b e r 1 7 , 2 0 2 2 /P ro p o s e d R u l e s m o n ito r s w e re lo c a te d in c lo s e p ro x im ity to e x tra p o la te d m o d e lin g re s u lts fr o m o n e a irp o r t th e a re a a t th e e n d o f th e ru n w a y m o s t to e s tim a te a ir le a d c o n c e n tra tio n s a t th e fr e q u e n tly u s e d fo r p re -fli g h t sa fe ty c h e c k s m a x im u m im p a c t a re a n e a r th e ru n -u p (i.e., run-up). Alkyl lead emitted by piston- location for over 13,000 U.S. airports. The engine aircraft would be expected to partition model- extrapolated lead estimates in this into the vapor phase and would not be study indicate that some additional U.S. collected by the monitoring conducted in this airports may have air lead concentrations study, which is designed to quantitatively above the NAAQS at this area of maximum collect particulate forms of lead.6 5 impact. The report also indicates that, at the Airport lead monitoring and modeling levels of activity analyzed at the 13,000 studies have identified the sharp decrease in airports, estimated lead concentrations lead concentrations with distance from the decrease to below the standard within 50 run-up area and therefore the Importance of meters from the location of highest considering monitor placement relative to the concentration. nm- up area when evaluating the maximum To estimate the potential ranges of lead impact location attributable to lead emissions concentrations at and downwind of the from piston-engine aircraft. The monitoring anticipated area of highest concentration at data in Table 2 reflect differences in monitor airports in the U.S., the relationship between placement relative to the run-up area as well piston-engine aircraft activity and lead as other factors; this study also provided concentration at and downwind of the evidence that air lead concentrations at and maximum impact site at one airport was downwind from airports could be influenced applied to piston-engine aircraft activity by factors such as the use of more than one estimates for each U.S. airport.7 This run-up area, wind speed, and the number of approach for conducting a nationwide analysis operations conducted by single- versus twin- of airports was selected due to the impact of engine aircraft.6 piston-engine aircraft run-up operations on The EPA recognized that the airport lead ground-level lead concentrations, which monitoring study provided a small sample of creates a maximum impact area that is the potential locations where emissions of lead expected to be generally consistent across from piston-engine aircraft could potentially airports. Specifically, these aircraft cause concentrations of lead in ambient air to consistently take off into the wind and exceed the lead NAAQS. Because we typically conduct run-up operations anticipated that additional airports and immediately adjacent to the take-off runway conditions could lead to exceedances of the end, and thus, modeling lead concentrations lead NAAQS at and near airports where from this source is constrained by variation in piston-engine aircraft operate, and in order to a few key parameters. These parameters understand the range of lead concentrations at include: (I) Total amount of piston-engine airports nationwide, we developed an analysis aircraft activity, (2) the proportion of activity of 13,000 airports in the peer-reviewed report conducted at one runway end, (3) the titled, "Model-extrapolated Estimates of proportion of activity conducted by multi- Airborne Lead piston-engine aircraft, ( 4) the duration of nm- Concentrations at U.S. Airports, "6768 This up operations, (5) the concentration of lead in report provides estimated ranges oflead avgas, (6) wind speed at the model airport concentrations that may occur at and near relative to the extrapolated airport, and (7) airports where leaded avgas is used. The study additional meteorological, dispersion model, 6° As noted earlier, when summarizing the available data regarding emissions of alkyl lead from piston-engine aircraft, the 2013 Lead ISA notes that an upper bound estimate of lead in the exhaust that might be in organic form may potentially be 20 percent (2013 Lead ISA, p. 2- 10), Organic lead in engine exhaust would be expected to influence receptors within short distances of the point of emission from piston-engine aircraft. Airports with large flight schools and/or facilities with substantial delays for aircraft queued for takcoff could experience higher concentrations of alkyl lead in the vicinity of the aircraft exhaust. 6The data in Table 2 represent concentrations measured at one location at each airport and mon it o rs were not consistently placed in close proximity to the run-up areas. As described in Section II.A.3, monitored concentrations of lead in air near airports are highly influenced by proximity of the monitor to the nu-up area. I addition to monitor placement, there are individual airport factors that can influence lead concentrations (e.g, the use of multiple run- up areas at an airport, fleet composition, and wind speed). The monitoring data reported in Table 2 reflect a range of lead concentrations indicative of the location al which measurements were made and the specific operations at an airport. 7 EPA (2020) Model-Extrapolated Estimates of Ai rb or e Lead Concentrations at U.S. Airports. EPA, Washington, DC, EPA-420-R-20-003, 2020. 8 EPA (2022) Technical Support Document (TSD) for the EPA's Proposcd Finding that Lead Emissions fr om Aircraft Engines that Operate o Leaded Fuel Cause or Contribute to Air Pollution that May Reasonably Be Anticipated to Endanger Public Health and Welfare. EPA, Washington, DC, EPA- 420--R-22-025, 2022. Available in the docket for this action. 61 this study, the EPA defined the maximum impact site as 15 meters downwind of the tailpipe of an aircraft conducting nun-up operations in the area designated for these operations at a nunway end. The maximum impact area was defined as approximately 50 meters surrounding the ma xi m um impact site. 7 prior to this model extrapolation study, the EPA developed and evaluated an air quality modeling approach (this study is available here: https://nepis.pa.gov/Exe!ZyPDE.cgit 62763 or operational parameters. These parameters were evaluated through sensitivity analyses as well as quantitative or qualitative uncertainty analyses. To generate robust concentration estimates, the EPA evaluated these parameters, conducted wind-speed correction of extrapolated estimates, and used airport- specific information regarding airport layout and prevailing wind directions for the 13,000 airports." Results of this national analysis show that model-extrapolated three-month average lead concentrations in the maximum impact area may potentially exceed the lead NAAQS at airports with activity ranging from 3,616 26,816 Landing and Take-Off events (LTOs) in a three-month period."? The lead concentration estimates from this model- extrapolation approach account for lead engine emissions from aircraft only, and do not include other sources of air-related lead. The broad range in LTOs that may lead to concentrations of lead exceeding the lead NAAQS is due to the piston-engine aircraft fleet mix at individual airports such that airports where the fleet is dominated by twin- engine aircraft would potentially reach concentrations of lead exceeding the lead NAAQS with fewer LTOs compared with airports where single- engine aircraft dominate the piston- engine fleet." Model-extrapolated three-month average lead concentrations from aircraft engine emissions were estimated to extend to a distance of at least 500 meters from the maximum impact area at airports with activity ranging from 1,275-4,302 LTOs in that three-month period.74 In a separate modeling analysis at an airport at which hundreds of take-off and landing events by piston-engine aircraft occur per day, the EPA found that modeled 24-hour concentrations of lead were estimated above background extending almost 1,000 meters downwind from the runway.75 PIO07HAQ.PDF?Dockey-PIO07HAQ.PDF), and subsequently applied the approach to a second airport and again performed an evaluation of the model output using air monitoring data (this second study is available here: http.s://epis.epa.gow/Exel ZyPDF.cg@?Dockey +PI00YG52.pd~). 7 EPA (2022) Technical Support Document (TSD) for the EPA's Proposed Finding that Lead Emissions from Aircraft Engines that Operate on Leaded Fuel Cause or Contribute to Air Pollution that May Reasonably Be Anticipated to Endang er Public Health and Welfare. EPA, Washington, DC, EPA- 420-R-22-025, 2022. Available in the docket for this action. 7 EPA (2020) Model-extrapolated Estimates of Airborne Lead Concentrations at U.S. Airports. Table 6. p. 53. EPA, Washington, DC, EPA- 420-R-- 20-003, 2020. 7 See methods used in EPA (2020) Model- extrapolated Estimates of Airborne Lead Concentrations at U.S. Airports. Table 2. p.23. EPA, Washington, DC, EPA--420-R-20-003, 2020. 7 EPA (2020) Model-extrapolated Estimates of Airborne Lead Concentrations al U.S. Airports, Table 6. p.53. EPA, Washington, DC, EPA-420-R-- 20-003, 2020. 7 Carr et. al., 2011. Development and evaluation of an air quality modeling approach to asscss near- field impacts of lead emissions from pist on-en gi ne aircraft operating on I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules 62764 Model-extrapolated estimates of lead decreases in piston-engine aircrall: activity out particles emitted by piston engines may concentrations in the EPA report "Model- to 2041, however these decreases are not disperse widely in the environment. However, extrapolated Estimates of Airborne Lead projected to occur uniformly across airports. lead emitted during the landing and takeoff Concentrations at U.S. Airports" were Among the more than 3,300 airports in the cycle, particularly during ground-based compared with monitored values and show FAA TAF, the FAA forecasts both decreases operations such as start- up, idle, preflight general agreement, suggesting that the and increases in general aviation, which is run-up checks, taxi and the take-off roll on the extrapolation method presented in this report largely comprised of piston-engine aircraft. If runway, may deposit to the local environment provides reasonable estimates of the range in the current conditions on which the forecast is and/or infiltrate into buildings.82 Depending concentrations of lead in air attributable lo based persist, then lead concentrations in the on ambient conditions (e.g., ozone and three-month activity periods of piston-engine air may increase at the airports where general hydroxyl concentrations in the atmosphere), aircraft at airports. The assessment included aviation activity is forecast to increase. alkyl lead may exist in the atmosphere for detailed evaluation of the potential impact of In addition to airport-specific modeled hours to days and may therefore be l run-up duration, the concentration of lead in estimates of lead concentrations. the EPA a[g transported off airport property into nearby avgas, and the impact of meteorological provides annual estimates of lead communities. parameters on model-extrapolated estimates of concentrations for each census tract in the Lead halides emitted by motor vehicles lead concentrations attributable to engine U.S. as part of the Air Toxics Screening operating on leaded fuel were reported to emissions of lead from piston-powered Assessment (AirToxScreen)." The census undergo compositional changes upon cooling aircraft. Additionally, this study included a tract concentrations are averages of the area- and mixing with the ambient air as well as range of sensitivity analyses as well as weighted census block concentrations within during transport, and we would anticipate lead quantitative and qualitative uncertainty the tract. Lead concentrations reported in the bromides emitted by piston-engine aircraft to analyses. The EPA invites comment on the AirToxScreen are based on emissions behave similarly in the atmosphere. The approach used in this model-extrapolation estimates from anthropogenic and natural water-solubility of these lead-bearing particles analysis. sources, including aircraft engine emissions.7 was reported to be higher for the smaller lead- The EPA's model-extrapolation analysis of The 2017 AirToxScreen provides lead bearing particles.: 'Lead halides emitted in lead concentrations from engine emissions concentration estimates in air for 73 449 motor vehicle exhaust were reported to break resulting from covered aircraft found that the census tracts in the U.S."?Lead emissions down rapidly in the atmosphere via redox lowest annual airport emissions of lead from piston-engine aircraft comprised more reactions in the presence of atmospheric estimated to result in air lead concentrations than 50 percent of these census block area- acids. Tetraethyl lead has an atmospheric approaching or potentially exceeding the weighted lead concentrations in over half of residence time ranging from a few hours to a NAAQS was 0.1 tons per year. 'There are key the census tracts. which included tracts in all few days. Tetraethyl lead reacts with the pieces of airport-specific data that are needed 50 states. as well as Puerto Rico and the hydroxyl radical in the gas phase to form a to fully evaluate the potential for piston- Virgin Islands. variety of products that include ionic trialkyl engine aircraft operating at an airport to cause lead, dialkyl lead and metallic lead. Trialkyl concentrations of lead in the air to exceed the 4. Fate and Transport of Emissions of Lead lead is slow to react with the hydroxyl radical lead NAAQS, and the EPA's report "Model- From Piston-Engine Aircraft and is quite persistent in the atmosphere.86 b. extrapolated Estimates of Airborne Lead This section summarizes the chemical Deposition of Lead Emissions From Piston- Concentrations at U.S. Airports" provides transformation that piston-engine aircraft lead Engine Aircraft and Soil Lead quantitative and qualitative analyses of these emissions are anticipated to undergo in the Concentrations to Which Piston-Engine factors.76 The EPA's estimate of airports that atmosphere and describes what is known Aircraft May Contribute have annual lead inventories of0.1 ton or about the deposition of piston-engine aircraft more are illustrative of, and provide one lead, and potential impacts on soil, food, and approach for an initial screening evaluation of aquatic environments. locations where engine emissions of lead from aircraft increase localized lead concentrations in air. Airport-specific assessments would be needed to determine the magnitude of the potential range in lead concentrations at and downwind of each facility. As described in Section II.A.I of this document, the FAA forecasts 0.9 percent leaded aviation gasoline. Atmospheric Environment 45: 5795-5804. 76 EPA (2020) Model-extrapolated Estimates of Airborne Lead Concentrations at U.S. Airports. Table 6. p.53. EPA, Washington, DC, EPA-420--R-- 20-003, 2020. EPA responses to peer review comments on the report are available here: https:// nepis.epa.gov/Exe/ZyPDE.cgi?Dockey- PIO0YIWD.pdf. 77 See EPA's 2017 AirToxScreen. Available at https://www.epa.gov/Air'foxScreen. 78These concentration estimates are not used for comparison to the level of the Lead NAAQS due to different temporal averaging times and underlying assumptions in modeling. The AirToxScreen estimates are provided to help state, local and Tribal air agencies and the public identify which pollutants, emission sources and a. Atmospheric Chemistry and Transport of Emissions of Lead From Piston-Engine Aircraft Lead emitted by piston-engine aircraft can have impacts in the local environment and, due to their small size (i.e., typically less than one micron in diameter) %0%l lead-bearing places they may wish to study further to better understand potential risks to public health from air toxics. There are uncertainties inherent in these estimates described by the EPA, some of which are relevant to these estimates of lead concentrations; however, these estimates provide perspective on the potential influence of piston-engine emissions of lead on air quality. See http.s://www.epa.gov/Air[ox8Screen/ airtoxscreen-limitations. 7 As airports are generally in larger census blocks within a census tract, concentrations for airport blocks dominate the area-weighted average in cases where an airport is the predominant lead emissions source in a census tract. 8 Swiss FOCA (2007) Aircraft Piston Engine Emissions Summary Report. 33-05-003 Piston Engine Emissions_Swiss FOCA_Summary. Report_070612_rit. Available at https:// www.bazl.adin.ch/bazl/en/home/specialists/ regulations- and-guidelines/environment/pollutant- emissions/aircraft- engine-emissions/report- appendices-database-and-data- sheets.html. Lead is removed from the atmosphere and deposited on soil, into aquatic systems and on other surfaces via wet or dry deposition.87 Meteorological factors (e.g., wind speed, convection, rain, humidity) influence local deposition rates. With regard to deposition of lead from aircraft engine emissions, the EPA modeled the deposition rate for aircraft lead emissions at one airport in a temperate climate in California with dry summer months. In this 8 Giffith 2020. Electron microscopic characterization of exhaust particles containing lead dibromide beads expelled from aircraft buming leaded gasoline. Atmospheric Pollution Research 11:1481-1486. " EPA (2013) ISA for Lead, Section 1.3. "Exposure to Ambient Pb." p. I--11. EPA, Washington, DC, EPA/60O/R-- 10/075F, 2013. " EPA (2006) AQC for Lead. Section E.6. p. 2-5. EPA, Washington, DC, EPA/600/R-5/144aF, 2006. M EPA (1977) AQC for Lead. Section 6.2.2.1. EPA, Washington, DC, EPA-600/8--77-017, 1977. 8' EPA (2006) AQC for Lead. Section E.6. EPA, Washington, DC, EPA/600/R--5/I44aF, 2006. " EPA (2006) A\QC for Lead. Section 2. EPA, Washington, DC, EPA/600/R-5/144aF, 2006. 7 EPA (2013) ISA for Lead. Section 1.2.1. "Sources, Fate and Transport of Ambient Pb;" p. I- 6; and Section 2.3. "Fate and Transport of Pb." p. 2-24 through 2-25. EPA, Washington, DC, EPA/ 600/R-10/075F, 2013. I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules location, the average lead deposition rate from percent of the lead found in TSP. The authors aircraft emissions of lead was 0.057 noted that based on analysis of lead isotopes milligrams per square meter per ycar.88 present in the air samples collected at these Studies summarized in the 2013 Lead ISA airports, the original source of the lead found suggest that soil is a reservoir for in the coarse particle range appeared to be contemporary and historical emissions of lea4 from aircraft exhaust emissions of lead that to air. Once deposited to soil, lead can be previously deposited to soil and were absorbed onto organic material, can undergo resuspended by wind or aircraft- induced chemical and physical transformation turbulence. Results from lead isotope analysis depending on a number of factors (e.g., pH of in soil samples collected at the same three the soil and the soil organic content), and can airports led the authors to conclude that lead participate in further cycling through air or emitted from piston-engine aircraft was not other media." The extent of atmospheric the dominant source of lead in soil in the deposition of lead from aircraft engine samples measured at the airports they studied. emissions would be expected to depend on a The authors note the complex history of number of factors including the size of the topsoil can create challenges in understanding particles emitted (smaller particles, such as the extent to which aircraft lead emissions those in aircraft emissions, have lower settling Impact soil lead concentrations at and near velocity and may travel farther distances airports (e.g., the source of topsoil can change before being deposited compared with larger as a result of site renovation, construction, particles), the temperature of the exhaust (the landscaping, natural events such as wildfire high temperature of the exhaust creates plume and hurricanes, and other activities). buoyancy), as well as meteorological factors Concentrations of lead in soil at and near (e.g., wind speed, precipitation rates). As a airports servicing piston-engine aircraft hav% result of the size of the lead particulate matter been measured using a range of approaches. emitted from piston-engine aircraft and as a 9596979899 Kavouras et al. (2013) collected soil result of these emissions occurring at various samples at three airports and reported that altitudes, lead emitted from these aircraft may construction at an airport involving removal distribute widely through the environment?' and replacement of topsoil complicated Murphy et al. (2008) reported weekend interpretation of the findings at that airport incrcascs in ambicnt lead monitored at remote and that the number of runways at an airport locations in the U.S. that the authors attributed may influence resulting lead concentrations in to weekend increases in piston-engine soil (ie., multiple runways may provide for powered general aviation activity"? more wide-spread dispersal of the lead over a Heiken et al. (2014) assessed air lead larger area than that potentially affected at a concentrations potentially attributable to single-runway airport). resuspended lead that previously deposited c. Potential for Lead Emissions From onto soil relative to air lead concentrations Piston-Engine Aircraft To Impact Agricultural resulting directly from aircraft engine Products emissions.93 Based on comparisons of lead concentrations in total suspended particulate (TSP) and fine particulate matter (PMas) measured at the three airports, coarse particle lead was observed to account for about 20- 30 Memorandum to Docket EPA--HQ-OAR- 2022-0389. Deposition of Lead Emitted by Piston- engine Aircraft. June 15, 2022. Docket 1D EPA-HQ- 2022-0389, "9 EPA (2013) ISA for Lead. Section 2.6.1. "Soils." p. 2- 118. EPA, Washington, DC, EPA/600/ R-10/075F, 2013. EPA (2013) ISA for Lead. Chapter 6. "Ecological Effects of P." p. 6-57. EPA, Washington, DC, EPA/600/R-I0/075F, 2013. 91 Murphy et al., 2008. Weekly patterns of aerosol in the United States. Atmospheric Chemistry and Physics. 8:2729- 2739. P Lead concentrations collected as part of the Intcragency Monitoring of Protected Visual Environments (IMPROVE) network and the National Oceanic and Atmospheric Administration (NOAA) monitoring sites. 9 Heiken et al., 2014, ACRP Web-Only Document 21: Quantifying Aircraft Lead Emissions at Airports. Contractor's Final Repot for ACRP02-- 34. Available at https://www.trb.org/Publications/ Blurbs/172599.aspx. % Mccumber and Strevett 2017. A Ge0spatial Studies conducted near stationary sources of lead emissions (e.g., smelters) have shown that atmospheric lead sources can lead to contamination of agricultural products, such as vegetables 100 0 In this way, air lead Analysis of Soil Lead Concentrations Around Regional Oklahoma Airports. Chemosphere 167:62 70. 9% Kavouras et al., 2013. Bioavailable Lead in Topsoil Collected from General Aviation Airports. The Collegiate Aviation Review International 31(1):57--68. Available at https://doi.org/10.22488/ okstate.18.100438. Heiken et al., 2014. ACRP Web-Only Document 2l: Quantifying Aircraft Lead Emissions at Airports. Contractor's Final Report for ACRP 02--34. Available at https://ww .trb.org/Publications/ Blurbs/172599.aspx. 97 EPA (2010) Development and Evaluation of an Air Quality Modeling Approach for Lead Emissions from Piston-Engine Aircraft Operating on Leaded Aviation Gasoline, EPA, Washington, DC, EPA-- 420--R-10-007, 2010. https://epis.epa.gov/Exel ZyPDFcg/PI0O7HAO.PDF?Dockey PIO07HAO.PDE % Environment Canada (2000) Airborne Particulate Matter, Lead and Manganese at Buttonville Airport. Toronto, Ontario, Canada: Conor Pacific Environmental Technologies for Environmental Protection Service, Ontario Region. %% Lejano and Ericson 2005. 'Tragedy of the Temporal Commons: Soil-Bound Lead and the Anachronicity of Risk. Journal of Environmental Planing and Management., 48(2):301-320. 62765 sources may contribute to dietary exposure pathways." As described in Section II.A.I of this document, piston- engine aircraft are used in the application of pesticides, fertilizers and seeding crops for human and animal consumption and as such, provide a potential route of exposure for lead in food. To minimize drift of pesticides and other applications from the intended target, pilots are advised to maintain a height between eight and 12 feet above the target crop during application."%> The low flying height is needed to minimize the drift of the fertilizer and pesticide particles away from their intended target. An unintended consequence of this practice is that exhaust emissions of lead have a substantially increased potential for directly depositing on vegetation and surrounding soil. Lead halides, the primary form of lead emitted by engines operating on leaded fuel, " are slightly water soluble and, therefore, may be more readily absorbed by plants than other forms of inorganic lead, The 2006 AQCD indicated that surface deposition of lead onto plants may be significant."· Atmospheric deposition of lead provides a pathway for lead in vegetation as a result of contact with above-ground portions of the plant, 106 107 108 Livestock may subsequently be exposed to lead in vegetation (e.g., grasses and silage) and in surface soils via incidental ingestion of soil while grazing.164 d. Potential for Lead Emissions From Piston-Engine Aircraft To Impact Aquatic Ecosystems As discussed in Section 6.4 of the 2013 Lead ISA, lead bioaccumulates in the tissues of aquatic organisms through ingestion of food and water or direct uptake from the environment (e.g., across membranes such as gills or skin).165 Alkyl lead, in particular, has been identified by the EPA as a Persistent, '0 EPA (2013) ISA for Lead. Section 3.1,3.3. "Dietary Pb Exposure." p. 3-20 through 3-24. EPA, Washington, DC, EPA600/R--10/075F, 2013. 0 EPA (2006) AQC for Lead. Section 8.2.2. EPA, Washington, DC, EPA/600/R-5/I44aF, 2006. EP A (2006) AQC for Lead. Section 8.2.2. EPA, Washington, DC, EPA/600/R-5/144aF, 2006. 10» 9'Connor-Marer. Aerial Applicator's Manual: A National Pesticide Applicator Certification Study Guide. p. 40. National Association of State Departments of Agriculture Research Foundation. Available at https://www.agaviation.org/Files/ RelatedEntities/Aerial_Applicators_Manual.pdf. 10 The additive used in the fuel to scavenge lead dctcnnincs the chemical fonn of the lead halide emitted; because ethylene dbromide is added to leaded aviation gasoline used in piston-engine aircraft, the lead halide emitted is in the form of lead dibromide. 0 EPA (2006) AQC for Lead. pp. 7-9 and AXZ7-- 39. EPA, Washington, DC, EPA/600/R-5/l 44aF, 2006. 10 EPA (2006) AQC for Lead. p. AXZ7-39. EPA, Washington, DC, EPA/600/R-5/I44al, 2006. 07 EPA (1986) AQC for Lead. Sections 6.5.3. EPA, Washington, DC, EPA--600/8-83/028aF--dF (NTIS PB87142386), 1986. 10 EPA (1986) AQC for Lead. Section I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules Bioaccumulative, and Toxic (PBT) population, with attention to implications pollutant. "66 There are 527 seaport facilities in related to environmental justice (E.J) and the the U.S., and landing and take-off activity by population of children in this near-source seaplanes at these facilities provides a direct environment. Consideration ofEJ implications pathway for emission of organic and inorganic in the population living near airports is lead to the air near/above inland waters and important because blood lead levels in ocean seaports where these aircraft children from low-income households remain operate, 161o9norm2n3 Inland airports may also higher than those in children from higher provide a direct pathway for emission of income households, and the most exposed organic and inorganic lead to the air Black children still have higher blood lead near/above inland waters. Lead emissions levels than the most exposed non- from piston-engine aircraft operating at seaplane facilities as well as airports an heliports near water bodies can enter the aquatic ecosystem by either deposition from ambient air or runoff of lead deposited to surface soils. In addition to deposition of lead from engine emissions by piston-powered aircraft, lead may enter aquatic systems from the pre- flight inspection of the fuel for contaminants that pilots conduct. While some pilots return the checked fuel to their fuel tank or dispose of it in a receptacle provided on the airfield, some pilots discard the fuel onto the tarmac, ground, or water, in the case of a fuel check being conducted on a seaplane. Lead in the fuel discarded to the environment may evaporate to the air and may be taken up by the surface on which it is discarded. Lead on tarmac or soil surfaccs is available for runoff to surface water. Tetraethyl lead in the avgas directly discarded to water will be available for uptake and bioaccumulation in aquatic life. The National Academy of Sciences Airport Cooperative Research Program (ACRP) conducted a survey study of pilots' fuel sampling and disposal practices. Among the I 46 pilots responding to the survey, 3 6 percent indicated they discarded all fuel check samples to the ground regardless of contamination status and 19 percent of the pilots indicated they discarded only contaminated fuel to the ground.114 Leaded avgas discharged to the ground and water includes other hazardous fuel components such as ethylene dibromide.115 5. Consideration of Environmental Justice and Children in Populations Residing Near Airports This section provides a description of how many people live in close proximity to airports where they may be exposed to airborne lead from aircraft engine emissions of lead (referred to here as the "near-airport" population). This section also provides the demographic composition of the near- airport 62766 10» 2.2.2.1.EPA, Washington, DC, EPA-600/8-83/ 028aF-- dF (NTIS P887 I 42386), 1986. Vo EPA (1986) AQC for Lead. Section 7.2.2.2.2. EPA, Washington, DC, EPA-600/8-83/028aF-dF (NTIS PB87142386), 1986. EPA (2013) ISA for Lead. Section 6.4.2. "Bio geochemistry and Chemical Effects of Pb in Freshwater and Saltwater Systems."p. 6-147. EPA, Washington, DC, EPA/600/R-10/075F, 2013. EPA (2002) Persistent, Bioaccumulative, and Toxic Pollutants (PBT) Program. PBT National Action Plan for Alkyl-Pb. Washington, DC. June. 2002. See FAA's NASR. Available at https:// wwwfaa.gov/air_traffic/flight_info/aeronav/aero_ datale NASR_Browser/. HM National Academies of Sciences, Engineering, and Medicine 2014. Best Practices for General Aviation Aircraft Fuel-Tank Sampling. Washington, DC: The National Academies Press. https://doi.org/ 10.1722622343. HS Memorandum to Docket EPA--HQ-OAR-- 2022-0389. Potential Exposure to Non-exhaust Lead and Ethylene Dibromide. June 15, 2022. Docket ID EPA--HQ -2022 0389. I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules Hispanic White children.11on7s blood lead levels in children with increasing Executive Orders 12898 (59 FR 7629, proximity to airports. 2on21 February 16, 1994) and 14008 (86 FR 7619, We first summarize here the literature on February I, 2021) direct Federal agencies, to disparity with regard to those who live in the greatest extent practicable and permitted proximity to airports. Then we describe the by law, to make achieving EJ part of their analyses the EPA has conducted to evaluate mission by identifying and addressing, as potential disparity in the population groups appropriate, disproportionately high and living near runways where piston- engine adverse human health or environmental effects aircraft operate compared to those living of their programs, policies, and activities on elsewhere. people of color populations and low-income Numerous studies have found that populations in the United States. The EPA environmental hazards such as air pollution defines environmental justice as the fair are more prevalent in areas where people of treatment and meaningful involvement of all color and low-income populations represent a people regardless of race, color, national higher fraction of the population compared origin, or income with respect to the with the general population, including near development, implementation, and transportation sources, 122123178179180 The enforcement of environmental laws, literature includes studies that have reported regulations, and policies. on communities in close proximity to airports For the reasons described in that are disproportionately represented by SUPPLEMENTARY INFORMATION Section D, people of color and low-income populations. our consideration of EJ implications here is McNair (2020) described nineteen major focused on describing conditions relevant to airports that underwent capacity expansion the most recent year for which demographic projects between 2000 and 2010, thirteen of data are available. The analysis described here which had a large concentration or presence of provides information regarding whether some persons of color, foreign-born persons or low- demographic groups are more highly income populations nearby.181 Woodburn represented in the near-airport environment (2017) reported on changes in communities compared with people who live farther from near airports from 1970--2010, finding airports. Residential proximity to airports suggestive evidence that at many hub airports implies that there is an increased potential for over time, the presence of marginalized exposure to lead from covered aircraft engine groups residing in close proximity to airports emissions."? As described in Section II.A.3 of increased."? Rissman et al. (2013) reported this document, several studies have measured that with increasing proximity to the higher concentrations of lead in air near Hartsfield-Jackson Atlanta International airports with piston-engine aircraft activity. Airport, exposures to particulate matter were Additionally, as noted in Section IL.A of this higher, and there were lower home values, document, two studies have reported increased income, education, and percentage of white residents. I"? 62767 The EPA used two approaches to understand whether some members of the population (e.g., children five and under, people of color, indigenous populations, low-income populations) represent a larger share of the people living in proximity to airports where piston-engine aircraft operate compared with people who live farther away from these airports. In the first approach, we evaluated people living within, and children attending school within, 500 meters of all of the approximately 20,000 airports in the U.S., usmg methods described in the EPA's report titled "National Analysis of the Populations Residing Near or Attending Science & Technology 48: 4063-4068. https:// doi.org/10.102l/es405167f. 7%Marshall 2008. Environmental inequality: air pollution exposures in California's South Coast Air Basin. Atmospheric Environment 215499-5503. htups://doi.org/10.1016/j.ato.sen.2008.02.005. 7fessum et al., 2021. PM.s polluters disproportionately and systemically affect people of color in the United States. Science Advances T:eabf4491. 10Moh1ai et al., 2009. Environmental justice. Anmual Reviews 34:405-430. Available at ht/ps:// doi.org/10.1 46/anrev-environ-082508-094348. %IMcNair 2020. Investigation of environmental justice analysis in airport planning practice from 2000 to 2010. Transportation Research Part D 81:102286. 12odbumn 2017. Investigating neighborhood change in airport-adjacent communities in multiairport regions from 1970 to 2010. Journal of the Transportation Research Board, 2626, 1-8. 189Rissman et al., 2013. Equity and health impacts of aircraft emissions at the Hartfield-Jackson Atlanta Intemational Airport. Landscape and Urban Planning, 120: 234-247. School Near U.S. Airports, "PM1n the second approach, we evaluated people living near the NPIAS airports in the conterminous 48 states. As noted in Section II.A. I of this document, the NPIAS airports support the majority of piston-engine aircraft activity that occurs in the U.S. Among the NPIAS airports, we compared the demographic composition of people living within one kilometer of runways with the demographic composition of people 6 EPA (2013) ISA for Lead. Section 5.4. "Summary." p. 5-40. EPA, Washington, DC, EPA/ 600/R--10/075F, 2013. 7 EPA. America's Children and the Environment. Summary of blood lead levels in children updated in 2022, available at https:// www.epa.gov/americaschildrenenvironment/ biomonitoring- /ead. Data source: Centers for Disease Control and Prevention, National Report on Human Exposure to Environmental Chemicals. Blood Lead (2011-- 2018). Updated March 2022. Available at https://www.cdc.gov/exposurereport/reportpdfi cgr0up2_1BXBPB_2011-p.pdf. The relative contribution of lead emissions from covered aircraft engines to these disparities has not been detennined and is not a goal of the evaluation described here. Residential proximity to a source of a specific air pollutant(s) is a widely used surrogate measure to evaluate the potential for higher exposures to that pollutant (EPA Technical Guidance for Assessing Environmental Justice in living at a distance of one to five kilometers from the same airports. The distances analyzed for those people living closest to airports (i.e., distances of 500 meters and 1,000 meters) were chosen for evaluation following from the air quality monitoring and modeling data presented in Section 11.A.3 of this document. Specifically, the EPA's modeling and monitoring data indicate that concentrations of lead from piston- engine aircraft emissions can be elevated above background levels at distances of 500 meters over a rolling three-month period. On individual days, concentrations of lead from piston- engine aircraft emissions can be elevated above background levels at distances of 1,000 meters on individual days downwind of a runway, depending and under, Black, Asian, and Native on aircraft activity and prevailing wind American or Alaska Native) living Regulatory Analysis. Section 4.2.1). Data presented in Section 11.A.3 demonstrate that lead concentrations in air near the mnup area can exceed the lead NAAQS and concentrations decrease sharply with distance from the ground-based aircraft exhaust and vary with the amount of aircraft activity at an airport. Not all people living within 500 meters of a runway are expected to be equally exposed to lead. 1a0 Miranda et al., 2011. A Geospatial Analysis of the Effects of Aviation Gasoline on Childhood Blood Lead Levels. Environmental Health Perspectives. 119:1513- 1516. ? Zahran et al., 2017. The Effect of Leaded Aviation Gasoline on Blood Lead in Children. Journal of the Association of Environmental and Resource Economists. 4(2):575-610. Rowangould 2013. A census of the near- roadway population: public health and environmental justice considerations. Transportation Research Pant D 25:59--67. htups:// dx.doi.org//0.10I6/j.trd.2013.08.003. » Marshall et al., 2014. Prioritizing environmental justice and equality: diesel emissions in Sothem Califomia. Envromental EPA (2020) Model-extrapolated Estimates of Airborne Lead Concentrations at U.S. Airports. EPA, Washington, DC, EPA- 420-R-20-003, 2020. EPA responses to peer review comments on the report are available at https://nepis.epa.gov/Exel ZyPDF cg@?Dockey PI0OYISM.pdf. I R eg ister/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules 62768 direction,/25 126 127 within 500 meters of an "National Analysis of the Populations groups in the state population. "?I airport runway Residing Near or Attending School Near Results of this analysis are presented in U.S. Because the U.S. has a dense network Airports, "I8 From this analysis, the following tables. ? This state-level the EPA with the percent by age, race, and of airports, estimates that approximately analysis presents summary information 5.2 million people live many of which have indigenous within 500 for a subset of potentially relevant meters of an airport runway, 363,000 of peoples comprising the state neighboring demographic characteristics. We present whom are children age five and under. data in this communities, we first population. "%0 section regarding a wider The EPA also estimates that 573 schools array of demographic Using the methodology quantified the number characteristics attended by 163,000 children in when evaluating populations living near of people living described in Clarke kindergarten through twelfth grade are NPIAS airports. (2022), the EPA and children attending school within 500 meters of an airport Among children five and under, there within identified states in which children, runway,l9 were three states (Nevada, South 500 meters of the approximately 20,000 In order to identify potential Carolina, and South Dakota), in which disparities in Black, Asian, and Native American or airports the near-airport the percent of children five and under population, we first evaluated in the U.S. The results of this Alaska Native· living within 500 meters ofa runway populations at the state level. Using the represent a populations represent a analysis are greater fraction of the U.S. Census· population data for each population by a difference of one summarized at the national greater fraction State in the U.S., we compared the percent or greater compared with the percent of of the population scale in the EPA's report people by age, race and percent of children five and under in indigenous peoples (i.e., titled compared with the percent of these children five the state population (Table 3). TABLE 3THE POPULATION OF CHILDREN FIVE YEAR S AND UNDER WITHIN 500 METE RS OF AN AIRP ORT RUNWAY COMPARED TO THE STATE POP ULATION OF CHILDREN FIVE YEAR S AND UNDER State Nevada . South Carolina .. South Dakota .. Percent of Percent of Number of Number of children aged children aged children aged children aged five years and five years and five years and five years and under within under within the under within under in the 500 meters state 500 meters state 10 8 1,000 224,200 9 8 400 361,400 11 9 3,000 71,300 There were nine states in which the Black population represented a greater fraction of the population living in the near-airport environment by a difference of one percent or greater compared with the state as a whole. These states were emissions, and the wide range of activity of piston- engine aircraft at airports nationwide suggests that exposure to lead from aircraft emissions is likely to vary widely. jn this analysis, we included populations living in census blocks that intersected the 500- meter buffer around cach runway in the U.S. Potential uncertainties in this approach are described in our report National Analysis of the Populations Residing Near or Attending School Near U.S. Airports. EPA-420-R-20-001, available at https://epis.epa.gov/Exe/ZyPDF.cgi?Dockey= P100YG4A.pdf, and in the EPA responses to peer review comments on the report, available here; https://nepis.epa.gov/Exe!ZyPDE. cgi? Dockey.-PIO0YISM.pdf. 19EPA (2020) National Analysis of the Populations Residing Near or Attending School Near U.S. Airports. EPA- 420-R--20-001. Available » EPA (2020) Model-extrapolated Estimates of Airborne Lead Concentrations at U.S. Airports. EPA, Washington, DC, EPA- 420-R-20-003, 2020. 6 Carr et. al., 20II. Development and evaluation of an air quality modeling approach to assess near- field impacts California, Kansas, Kentucky, Louisiana, Mississippi, Nevada, South Carolina, West Virginia, and Wisconsin (Table 4). at https://hepis.epa.gov/Exe/ZyPDE.cgi?Dockey- PIO0YG4A.pdf. 19Clarke. Memorandum to Docket EPA--HQ-- OAR- 2022--0389, Estimation of Population Size and Demographic Characteristics among People Living Near Airports by State in the United States. May 31, 2022. Docket ID EPA--HQ-2022-0389. %Clarke. Memorandum to Docket EPA--IQ-- OAR- 2022-0389. Estimation of Population Size and Demographic Characteristics among People Living Near Airports by State in the United States. May 31, 2022. Docket ID EPA-HQ-2022-0389. 19p1ese data are presented in tabular form for all states in this memorandum located in the dockc!: Clarke. Memorandum to Docket EPA--HQ-- OAR-2022-0389. Estimation of Population Size and Demographic Characteristics among People Living Near Airports by State in the United States. May 31, 2022. Docket ID EPA -HQ 2022-0389. of lead emissions from piston-engine aircraft operating on leaded aviation gasoline. Atmospheric Environment, 45 (32), 5795--5804. DOI: https:/dx.dot.org/I0.1016lj.atmosen. 2011.07.017. 127 e do not assume or expect that all people living within 500m or 1,000m of a runway are exposed to lead from piston-engine aircraft I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules 62769 TABLE 4-THE BLACK POPULATION WITHIN 500 METERS OF AN AIRPORT RUNWAY AND THE BLACK POPULATION, BY STATE Black population within 500 State Percent Black within 500 California . Kansas . Kentucky . Louisiana .. Mississippi . Nevada , . South Carolina . West Virginia . Wisconsin . meters 8 8 9 46 46 12 31 10 9 Percent Black within the state meters 7 18,981 6 1,240 8 3,152 32 14,669 37 8,542 9 1,794 28 10,066 3 1,452 6 4,869 Black population in the state 2,486,500 173,300 342,800 1,463,000 1,103,100 231,200 1,302,900 63,900 367,000 There were three states with a greater environment compared with the state as of Asians in the near-airport a whole by a difference of one percent Hampshire (Table 5). or greater: Indiana, Maine, and New fraction TABLE 5-THE ASIAN POPULATION WITHIN 500 METERS OF AN AIRPORT RUNWAY AND THE ASIAN POPULATION, BY STATE State Indiana . Maine . New Hampshire . Asian Asian Percent Asian Percent Asian population within 500 within the state within 500 population in meters meters the state 4 2 1,681 105,500 2 406 13,800 4 2 339 29,000 Among Native Americans and Alaska the population they comprise at the 16,000 Alaska Natives were estimated to Natives, there were five states (Alaska, state level by u difference of one percent live within 500 meters of a runway, Arizona, Delaware, South Dakota, and or greater. In Alaska, as anticipated due representing 48 percent of the New Mexico) where the near-airport to the critical nature of air travel for the population within 500 meters of an population had greater representation transportation infrastructure in that airport runway compared with 15 by Native Americans and Alaska state, the disparity in residential percent of the Alaska state population Natives compared with the portion of proximity to a runway was the largest; (Table 6). TABLE 6-THE NATIVE AMERICAN AND ALASKA NATIVE POPULATION WITHIN 500 METERS OF AN AIRPORT RUNWAY AND THE NATIVE AM ERICAN AND ALASKA NATIVE POPULATION, BY STATE State Alaska . Arizona . Delaware . New Mexico . South Dakota .. Percent Native Native Native American and Percent Native American and American and Alaska Native American and Alaska Native Alaska Native Alaska Native population within 500 within the state within 500 population in meters meters the state 48 15 16,020 106,300 18 5 5,017 335,300 2 112 5,900 21 10 2,265 208,900 22 9 1,606 72,800 In a separate analysis, the EPA focused on evaluating the potential for disparities in populations residing near the NPIAS airports. The EPA compared the demographic composition of people living within one kilometer of runways at 2,022 of the approximately 3,300 NPIAS airports with the demographic composition of people living at a distance of one to five kilometers from the same airports.193194 In this analysis, ?For this analysis, we evaluated the 2,022 airports with a population of greater than I00 people inside the zero to one kilometer distance to avoid low population counts distorting the assessment of percent contributions of each group to the total population within the zero to one kilometer distance. %Kamal et.al., Memorandum to Docket EPA- HQ-OAR-2022-0389. Analysis of Potential Disparity in Residential Proximity to Airports in the Conterminous United States. May 24, 2022. Docket ID EPA--HQ--2022-0389. Methods used are described in this memo and include the use of block group resolution data to evaluate the of children under five living one to five kilometers away (Table 7). There were 666 airports where people of color had a greater presence in the zero to one kilometer area closest representation of different demographic groups near-airport and for those living one to five kilometers away. over one-fourth of airports (@.e., 515) were identified at which children under five were more highly represented in the zero to one kilometer distance compared with the percent I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules 62770 to airport runways than in populations represented a higher proportion of the two-times the Federal Poverty Level farther away. There were 761 airports overall population within one kilometer among people living one to five where people living at less than two- of airport runways compared with the kilometers away. times the Federal Poverty Level proportion of people living at less than TABLE 7-NUMBER OF AIRPORTS (/AM ONG THE 2,022 AIRPORTS EVALUATED) WITH DISPARITY FOR CERTAIN DEMOGRAPHIC POPULATIONS WITHIN ONE KILOMETER OF AN AIRPORT RUNWAY IN RELATION TO THE COMPARISON POPU- LATION BETWEEN ONE AND FIVE KILOMETERS FROM AN AIRPORT RUNWAY Number of airports with disparity Demographic group I Total airports Disparity Disparity Disparity Disparity with disparity 1--5% 5-10% 10--20% 20%+ ------- Children under five years of age ......................................... 515 507 7 1 0 People with income less than twice the Federal Poverty Level ................................................................................. 761 307 223 180 51 People of Color (all races, ethnicities and indigenous peoples .................................................................................. 666 377 126 123 40 Non-Hispanic Black .............................................................. 405 240 77 67 21 Hispanic ..................................................... : ......................... 551 402 85 47 17 Non-Hispanic Asian ............................................................. 268 243 18 4 3 Non-Hispanic Native American or Alaska Native"?%........ 144 130 6 7 1 Non-Hispanic Hawaiian or Pacific Islander ......................... 18 17 1 0 0 Non-Hispanic Other Race .................................................... 11 11 0 0 0 Non-Hispanic Two or More Races ...................................... 226 226 0 0 0 To understand the extent of the potential disparity among the 2,022 NPIAS airports, Table 7 provides infonnation about the distribution in the percent differences in the proportion of children, individuals with incomes below two-times the Federal Poverty Level, and people of color living within one kilometer of a runway compared with those living one to five kilometers away. For children, Table 7 indicates that for the vast majority of these airports where there is a higher percentage of children represented in the near-airport population, differences are relatively small (e.g., less than five percent). For the airports where disparity is evident on the basis of poverty, race and ethnicity, the disparities are potentially large, ranging up to 42 percent for those with incomes below two- times the Federal Poverty Level, and up to 45 percent for people of color.129 There are uncertainties in the results provided here inherent to the proximity- based approach used. These uncertainties include the use of block group data to provide population numbers for each demographic group analyzed, and uncertainties in the Census data, including from the use of data from different analysis years (e.g., 2010 Census Data and 2018 income data). These uncertainties are described, and their implications discussed in Kamal et.al. (2022)197 The data summarized here indicate that there is a greater prevalence of children under five years of age, an at- risk population for lead effects, within 500 meters or one s This analysis of 2,022 NPIAS airports did not include airports in Alaska. 2% Kamal et.al., Memorandum to Docket EPA-- kilometer of some airports compared to more distant locations. This information also indicates that there is a greater prevalence of people of color and of low-income populations within 500 meters or one kilometer of some airports compared with people living more distant. If such differences were to contribute to disproportionate and adverse impacts on people of color and low- income populations, they could indicate a potential EJ concern. Given the number of children in close proximity to runways, including those in EJ populations, there is a potential for substantial implications for children's health. The EPA invites comment on the potential EJ impacts of aircraft lead emissions from aircraft engines and on the potential impacts on children in close proximity to runways where piston-engine aircraft operate. B. Federal Actions To Reduce Lead Exposure The federal government has a longstanding commitment to programs to reduce exposure to lead, particularly for children. In December 2018, the President's Task Force on 197Kamal et.al., Memorandum to Docket EPA HQ-OAR-2022-0389. Analysis of Potential Disparity in Residential Proximity to Airports in the Conterminous United States. May 24, 2022. Docket ID EPA-HQ -2022- 0389. HQ-OAR--2022-0389. Analysis of Potential Environmental Health Risks and Safety Risks to Children released the Federal Lead Action Plan, detailing the federal government's commitments and actions to reduce lead exposure in children, some of which are described in this section.198 In this section, we describe some of the EPA's actions to reduce lead exposures from air, water, lead-based paint, and contaminated sites. In 1976, the EPA listed lead under CAA section 108, making it what is called a "criteria air pollutant "l Once lead was listed, the EPA issued primary and secondary NAAQS under sections 109(b)(l) and (2), respectively. The EPA issued the first NAAQS for lead in I 978 and revised the lead NAAQS in 2008 by reducing the level of the standard from 1.5 micrograms per cubic meter to 0.15 micrograms per cubic meter, and revising the averaging time and form to an average over a consecutive three- month period, as described in 40 CFR 50.16.30%The EPA's 2016 Federal Register notice describes the Agency's decision to retain the existing Lead 18Federal Lead Action Plan to Reducc Childhood Lead Exposures and Associated Health Impacts. (2018) President's Task Force on Environmental Health Risks and Safety Risks to Children. Available at https://www.epa.gov/sites/ defal/files/2018- 12/documents/fedactionplan_lead_fin al.pdf. Disparity in Residential Proximity to Airports in the Conterminous United States. May 24, 2022. Docket ID EPA-HQ-2022-0389. I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules 9941 FR 14921 (April 8, 1976). See also, e.g., 8I FR at 109Effective in Jan. 20I4, the amount of lead pemitted in 71910 (O ct. 18, 2016) for a description of the history of the pipes, fillings, and fixtures was listing decision for lead under CAA section 108. Also under section 1412 of the SOWA, the 0013 FR 66965 (Nov. 12, 2008). EPA's 1991 Lead and Copper Rule?06 NAAQS." The Lead NAAQS is currently regulates lead in public drinking water undergoing review?? systems through corrosion control and other States are primarily responsible for utility actions which work together to ensuring attainment and maintenance of the minimize lead levels at the tap.77 0n January NAAQS. Under section 110 of the Act and 15, 2021, the agency published the Lead and related provisions, states are to submit, for Copper Rule Revisions (LCRR) and EPA review and, if appropriate, approval, subsequently reviewed the rule in accordance state implementation plans that provide for with Executive Order 13990.70% While the the attainment and maintenance of such LCRR took offeot in Deoombor 2021, the standards through control programs directed agency concluded that there are significant to sources of the pollutants involved. The opportunities to improve the LCRR.20 The states, in conjunction with the EPA, also EPA is developing a new proposed rule, the administer the Prevention of Significant Lead and Copper Rule Improvements Deterioration pr o gr am for these pollutants. (LCRI)? that would further strengthen the Additional EPA programs to address lead in lead drinking water regulations. The EPA the environment include the Federal Motor identified priority improvements for the Vehicle Control program under Title II of the LCRI: proactive and equitable lead service Act, which involves controls for motor line replacement (LSLR), strengthening vehicles and nonroad engines and equipment; compliance tap sampling to better identify the new source performance standards under communities most at risk of lead in drinking section 111 of the Act; and emissions water and to compel lead reduction actions, standards for solid waste incineration units and reducing the complexity of the regulation and the national emission standards for through improvement of "methods to identify hazardous air pollutants (NESHAP) under and trigger action in communities that are sections 129 and 112 of the Act, respectively. most at risk of elevated drinking water The EPA has taken a number of actions levels."?2The EPA intends to propose the associated with these air pollution control LCRI and take final action on it prior to programs, including completion of several October 16, 2024. regulations requiring reductions in lead Federal programs to reduce exposure to emissions from stationary sources regulated lead in paint, dust, and soil are specified under the CAA sections 112 and 129. For under the comprehensive federal regulatory example, in January 2012, the EPA updated framework developed under the Residential the NESHAP for the secondary lead smelting Lead-Based Paint Hazard Reduction Act source category." These amendments to the (Title X). Under Title X (codified, in part, as original maximum achievable control Title IV of the Toxic Substances Control Act technology standards apply to facilities [TSCA]), the EPA has established regulations nationwide that use furnaces to recover lead and associated programs in six categories: (I) from lead- bearing scrap, mainly from Training, certification and work practice automobile batteries. Regulations completed requirements for persons engaged in lead- in 2013 for commercial and industrial solid based paint activities (abatement, inspection waste incineration units also require and risk assessment); accreditation of training reductions in lead emissions?% providers; and authorization of state and A broad range of Federal programs beyond Tribal lead-based paint programs; (2) training, those that focus on air pollution control certification, and work practice requirements provide for nationwide reductions in for persons environmental releases and human exposures to lead. For example, pursuant to section 1417 of the Safe Drinking Water Act (SDWA), any pipe, pipe or plumbing fitting or fixture, solder, or flux for potable water applications may not be used in new installations or repairs or introduced into commerce unless it is considered "lead free" as defined by that Act.20 a0191 FR 71912--71913 (0ct. 18, 2016). 20pocuments pertaining to the current review of the NAAQS for Lead can be found here: https:// www.epa.gov/naaqslead-pb-air-quality-standards. 077 FR 555 (Jan. 5, 2012). 078 FR 9112 (Feb. 7, 2013). lowered. See, Section 1417 of the Safe Drinking Water Act: Prohibition on Use of Lead Pipes, Solder, and Flux at https://www.epa.gov/sdwa/use- lead-free-pipes-fittings- fixtures-solder-and-flux- drinking-water 10640 CFR I4I Subpart I (June 7, 1991). 0740 CFR II Subpart I (June 7, 1991). 0g6 FR 4198. (Jan. 15, 2021). 309p,0, 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. 86 FR 7037 (Jan. 20, 2021). a186 FR 31939. (Dec. 17, 2021). lee https://www.epa.gov/ground-water-and- drinking- water/review-national-primary-drinking- water-regulation- lead-and-copper Accessed on Nov. 30, 2021. 3086 FR 31939 (D ec. 17, 2021). 62771 engaged in home renovation, repair and painting (RRP) activities; accreditation of RRP training providers; and authorization of state and Tribal RRP programs; (3) ensuring that, for most housing constructed before 1978, information about lead-based paint and lead-based paint hazards flows from sellers to purchasers, from landlords to tenants, and from renovators to owners and occupants; (4) establishing standards for identifying dangerous lcvcls of lcad in paint, dust and soil; (5) providing grant funding to establish and maintain state and Tribal lead-based paint programs; and (6) providing information on lead hazards to the public, including steps that people can take to protect themselves and their families from lead-based paint hazards. The most recent rules issued under Title IV of TSCA revised the dust-lead hazard standards (DLHS) and dust-lead clearance levels (DLCL) which were established in a 2001 final rule entitled "Identification of Dangerous Levels of Lead."21 The DLHS are incorporated into the requirements and risk assessment work practice standards in the EPA's Lead-Based Paint Activities Rule, codified at 40 CFR part 745, subpart L. They provide the basis for risk assessors to determine whether dust-lead hazards are present in target housing (i.e., most pre-1978 housing) and child-occupied facilities (pre- 1978 nonresidential properties where children 6 years of age or under spend a significant amount of time such as daycare centers and kindergartens). If dust-lead hazards are present, the risk assessor will identify acceptable options for controlling the hazards in the respective property, which may include abatements and/or interim controls. In July 2019, the EPA published a final rule revising the DLHS from 40 micrograms per square foot and 250 micrograms per square foot to 10 micrograms per square foot and JOO micrograms per square foot of lead in dust on floors and windowsills, respectively?H The DLCL are used to evaluate the effectiveness of a cleaning following an abatement. If the dust-lead levels are not below the clearance levels, the components (i.e., floors, windowsills, troughs) represented by the failed sample(s) shall be recleaned and retested. In January 2021, the EPA published a final rule revising the DLCL to match the DLHS, lowering them from 40 micrograms per square foot and 250 micrograms per square foot to 10 micrograms per square foot and JOO micrograms per square foot on floors 66 FR 1206 (Jan. 5, 2001). 184 FR 32632 (July 9, 2019). and windowsills, respectively,/30131215 The EPA is.now reconsidering the 2019 and 2021 rules in accordance with Executive 1 FR 983 (Jan. 7, 2021). Ill FR 7037 (Ja. 20, 2021) I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules Order 13990216and in response to a May 2021 endangerment, commence a study of lead decision by U.S. Court of emissions from piston-engine aircraft. In Appeals for the Ninth Circuit. 2007, the EPA issued a Federal Register Programs associated with the notice on the petition requesting comments Comprehensive Environmental and information related to a wide range of Response, Compensation, and Liability issues regarding the use of leaded av gas and At (CERCLA or Superfund)132 and Resource potential public health and welfare exposure Conservation Recovery Act (RCRA)? also issues.13617The EPA did not receive new implement removal and remedial response information to inform the evaluation of programs that reduce exposures to the release whether lead emissions from aircraft engines or threat of a release of lead and other using leaded avgas cause or contribute to air hazardous substances. The EPA develops and pollution which may reasonably be impleuenuts protective levels for lead In soll at anticipated to endanger public health or Superfund sites and, together with states, at welfare. RCRA corrective action facilities. The Office In 2010, the EPA further responded to the of Land and Emergency Management 2006 petition from Friends of the Earth by develops policy and guidance for addressing issuing an Advance Notice of Proposed multimedia lead contamination and Rulemaking on Lead determining appropriate response actions at Emissions from Piston-Engine Aircraft lead sites. Federal programs, including those Using Leaded Aviation Gasoline (ANPR).222 implementing RCRA, provide for In the ANPR, the EPA described information management of hazardous substances in currently available and information being hazardous and municipal solid waste (e.g., 66 collected that would be used by the FR 58258, November 20, 2001 ). Administrator to issue a subsequent proposal regarding whether, in the Administrator's judgment, aircraft lead emissions from aircraft using leaded avgas cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare. After issuing the ANPR, the EPA continued the data collection and evaluation of information that is described in Sections II.A, IV and V of this action. In 2012, Friends of the Earth, Physicians for Social Responsibility, and Oregon Aviation Watch filed a new petition claiming that, among other things, the EPA had unreasonably delayed in responding to the 2006 petition from Friends of the Earth because it had failed to determine whether emissions of lead from general aviation aircraft engines cause or contribute to air pollution which may reasonably be anticipated lo endanger public health or welfare.138 The EPA responded to the 2012 petition with our plan for collecting the necessary information and conducting a proceeding under CAA section 231 regarding whether lead emissions from piston-engine aircraft cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Friends of the Earth, Physicians for Social Responsibility, and Oregon Aviation Watch submitted a petition for reconsideration in 201422 to which the EPA responded in 2015.225 In 2021, Alaska Community Action on C. History of Lead Endangerment Petitions for Rulemaking and the EPA Resp onses The Administrator's proposed findings further respond to several citizen petitions on this subject including the following: petition for rulemaking submitted by Friends of the Earth in 2006, petition for rulemaking submitted by Friends of the Earth, Oregon Aviation Watch and Physicians for Social Responsibility in 2012, petition for reconsideration submitted by Friends of the Earth, Oregon Aviation Watch, and Physicians for Social Responsibility in 2014, and petition for rulemaking from Alaska Community Action on Toxics, Center for Environmental Health, Friends of the Earth, Montgomery-Gibbs Environmental Coalition, Oregon Aviation Watch, the County of Santa Clara, CA, and the Town of Middleton, WI in 2021. These petitions and the EPA's responses are described here.'? In a 2003 letter to the EPA, Friends of the Earth initially raised the issue of the potential for lead emissions from the use of leaded avgas in general aviation aircraft using piston engines to cause or contribute to endangerment of public health or welfare. '3% In 2006, Friends of the Earth filed a petition with the EPA requesting that the Administrator find endangerment or, if there was insufficient information to find for more information about the EPA's CERCLA program, see www.epa.gov/superfund. 1» For more information about the EPA's RCRA program, see https://www.epa.gov/rcra. See https://ww.epa.gov/regulations- emissions- vehicles-and-engines/petitions-and-epa- response- memorandums-related-lead. Accessed on Dec. 12, 2021. » Friends of the Earth (formerly Bluewater Network) comment dated Dec. 12, 2003, submitted to EPA's 68 FR 56226, published Sept. 30, 2003. See 72 FR 64570 (Nov. 16, 2007). 17 R 22440-68 (Apr. 28, 2010). 38 petitioners filed a complaint in district court seeking to compel EPA to respond to their 2006 petition for rulemaking and to issue an endangerment finding and promulgate regulations. The EPA then issued its response to 62772 Toxics, Center for Environmental Health, Friends of the Earth, Montgomery-Gibbs Environmental Coalition, Oregon Aviation Watch, the County of Santa Clara, CA, and the Town of Middleton, WI, again petitioned the EPA to conduct a proceeding under CAA section 231 regarding whether lead emissions from piston-engine aircraft cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.226The EPA responded in 2022 noting our intent to develop this proposal regarding whether lead emissions from piston-engine aircraft cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.227 III. Legal Framework for This Action In this action, the EPA is proposing to make two separate determinations-an endangerment finding and a cause or contribute finding-under section 23 l(a)(2)(A) of the Clean Air Act. The EPA has, most recently, finalized such findings under CAA section 231 for greenhouse gases (GHGs) in 2016 (2016 Findings), and in that action the EPA EPA's motion for summary judgment on the remaining claims, the court concluded that making the endangerment determination is not a nondiscretionary act or duty and thus that it lacked jurisdiction to grant the relief requested by plaintiffs. Friends of the Earth v. EPA, 934 F. Supp. 2d 40, 55 DD.C. 2013). Th e petition for reconsideration submitted to EPA by Friends of the Earth, Physicians for Social Responsibility, and Oregon Aviation Watch is available at https://ww.epa.gov/sites/default/fles/ 2016- 09/documents/avgas-petition-reconsider-04- 21-14.pdf. a9The 2015 EPA response to the 2014 petition for reconsideration is available at https:// www.epa.gov/sites/default/files/2016-09/ documents/ltr- response-av-ld-foe-psr-oaw-2015-1- 23.pdf. Tie 2021 petition is available at https:// www.epa.gov/system/files/documents/2022-0I/ aviation- leaded-avgas-petition-exhibits-final-2021- 10-12.pdf. 7ppA's response to the 2021 petition is available at https://www.epa.gov/system/files/ documents/2022-01Ir- response-aircraft-lead- petitions-aug-oct-2022-01-12.pdf. provided a detailed explanation of the legal framework for making such findings and the statutory interpretations and caselaw supporting its approach.139 In this proposal, the Administrator is using the same approach of applying a two-part test under section 23 l(a)(2)(A) as described in the 2016 Findings and is relying on the same interpretations supporting that approach, which are briefly described in this Section, and set forth in greater detail in the 2016 the petition, mooting that claim of the complaint. In response to 1 FR 54422--54475 (Aug. 15, 2016). I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules Findings.'0This is also the same approach that the EPA used in making endangerment and cause and contribute findings for GHGs under section 202(a) of the CAA in 2009 (2009 Findings),7 which was affirmed by the U.S. Court of Appeals for the D.C. Circuit in 2012, 1421431 As explained further in the 2016 Findings, the text of the CAA section concerning aircraft emissions in section 231(a)2)(A4) mirrors the text of CAA section 202(a) that was the basis for the 2009 Findings." Accordingly, for the same reasons as discussed in the 2016 Findings, the EPA believes it is reasonable to use the same approach under section 231(a)2)A)'s similar text as was used under section 202(a) for the 2009 Findings, and it is proposing to act consistently with that framework for purposes of these proposed section 231 findings.2" As this approach has been previously discussed at length in the 2016 and 2009 Findings, the EPA provides only a brief description in this proposal. A. Statutory Text and Basis for This Proposal Section 231 (a)(2)(A) of the CAA provides that the "The Administrator shall, from time to time, issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to, air pollution which may reasonably be anticipated to endanger public health or welfare."145ln this proposal, the EPA is addressing the predicate for regulatory action under CAA section 231 through a two-part test, which as noted previously, is the same as the test used in the 2016 Findings and in the 2009 Findings. As the first step of the two-part test, the Administrator must decide whether, in his judgment, the air pollution under consideration may reasonably be anticipated to endanger public health or welfare. As the second step, the Administrator must decide whether, in his judgment, emissions of an air pollutant from certain classes of aircraft engines cause or contribute to this air pollution. If the Administrator answers both questions in the affirmative, he will issue standards under section 231,28 In accordance with the EPA's interpretation of the text of section 231 (a)(2)(A), as described in the 2016 Findings, the phrase "may reasonably be anticipated" and the term o See e.g, 8I FR at 55434-54440 (Aug. 19, 2016). 1+ ER 66496, 66505--10 (Dec. 15, 2009). C oalition for Responsible Regulation, Ic. v. EPA, 684 F.3d 102 (D.C. Cir. 2012) (CRR) (subsequent history omitted). » FR at 55434 (Aug. 19, 2016). FR at 55434 (Aug. 19, 2016). > Regarding "welfare, " the CAA states that "[a]ll language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, "endanger" in section 23 l(a)(2)(A) authorize, if not require, the Administrator to act to prevent harm and to act in conditions of uncertainty.236 They do not limit him to merely reacting to hmm or to acting only when certainty has been achieved; indeed, the references to anticipation and to endangerment imply that the failure to look to the future or to less than certain risks would be to abjure the Administrator's statutory responsibilities. As the D.C. Circuit explained, the language "may reasonably be anticipated to endanger public health or welfare" in CAA section 202(a) requires a "precautionary, forward-looking scientific judgment about the risks of a particular air pollutant, consistent with the CAA's precautionary and preventive orientation, "237 The court determined that "[r]equiring that the EPA find 'certain' endangerment of public health or welfare before regulating greenhouse gases would effectively prevent the EPA from doing the job that Congress gave it in [section] 202(a) utilizing emission standards to prevent reasonably anticipated endangerment from section 302(h). Regarding "public health, " there is no definition of "public health" in the Clean Air Act. The Supreme Court has discussed the concept of "public health" in the context of whether costs can be considered when setting NAAQS. Whitman v. American 'Trucking Ass 'h, 531 U.S. 457 (2001). In Whitman, the Court imbued the term with its most natural meaning: "the health of the public." Id. at 466. 9see Massachusetts v. EPA, 549 U.S. 497,533 (2007) (interpreting an analogous provision in CAA section 202). ce 81 FR at 54435 (Aug. 19, 2016). 237(€RR, 684 F.3d at 122 (intemal citations omitted) (June 26, 2012). maturing into concrete harm, "146147The same language appears in section 231(a)2)(A), and the same interpretation applies in that context. Moreover, by instructing the Administrator to consider whether emissions ofan air pollutant cause or contribute to air pollution in the second part of the two-part test, the Act makes clear that he need not find that emissions from any one sector or class of sources are the sole or even the major part of the air pollution considered. This is clearly indicated by the use of the term "contribute. " Further, the phrase "in his judgment" authorizes the Administrator to weigh risks and to consider and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well-being, whether caused by transfonation, conversion, or combination with other air pollutants." CAA 6 (RR, 684 F.3d at 122 (intemal citations omitted) (June 26, 2012). 17 FR at 54425 (Aug. 19, 2016). 8 See, e.g., Rulemaking for non-road compression- ignition engines under section 213(a)(4) of the CAA, Proposed Rule at 58 FR 62773 projections of future possibilities, while also recognizing uncertainties and extrapolating from existing data. Finally, when exercising his judgment in making both the endangerment and cause-or- contribute findings, the Administrator balances the likelihood and severity of effects. Notably, the phrase "in his judgment" modifies both "may reasonably be anticipated" and "cause or contribute." Often, past endangerment and cause or contribute findings have been proposed concurrently with proposed standards under various sections of the CAA, including section 23 1,239 Comment has been taken on these proposed findings as part of the notice and comment process for the emission standards MA819 However, there is no requirement that the Administrator propose the endangerment and cause or contribute findings concurrently with proposed standards and, most recently under section 231, the EPA made separate endangerment and cause or contribute findings for GHGs before proceeding to set standards. The Administrator is applying the rulemaking provisions of CAA section 307( d) to this action, pursuant to CAA section 307(d)(l)(V), which provides that the provisions of307(d) apply to "such other actions as the Administrator may determine, "I Any subsequent standard setting rulemaking under CAA section 231 will also be subject to the notice and comment rulemaking procedures under CAA section 307(d), as provided in CAA section 307(d)1)F) (applying the provisions of CAA section 307(d) to the promulgation or revision of any aircraft emission standard under CAA section 231 ). Thus, these proposed findings will be subject to the same procedural requirements that would apply if the proposed findings were part of a standard-setting rulemaking. B. Considerations for the Endangerment and Cause or Contribute Analyses Under Section 231(a)(2}(A) In the context of this proposal, the EPA understands section 23 l(a)(2)(A) of the CAA to call for the Administrator to exercise his judgment and make two separate determinations: first, whether the relevant kind of air pollution (here, lead air pollution) may reasonably be anticipated to endanger public health or welfare, and second, whether 19,28813-14 (May 17, 1993), Final Rule at 59 FR 31306, 31318 (June 17, 1994); Rulemaking for highway heavy- duty diesel engines and diesel sulfur fuel under sections 202(a) and 211(c) of the CAA, Proposed Rule at 65 FR 35430 (June 2, 2000), and Final Rule at 66 FR 5002 (Jan. 18, 2001) 10 As the Administrator is applying the provisions of CAA section 307(d) to this action under section 307(d)I)V), we need not determine whether those provisions would apply to this aclion under section 307(d)(l)(F). I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules emissions of any air pollutant from classes of identify a precise numerical value or "a the sources in question (here, any aircraft minimum threshold ofrisk or harm before engine that is capable of using leaded aviation determining whether an air pollutant gasoline), cause or contribute to this air endangers. "?5% Accordingly, the EPA "may pollution.' base an endangerment finding on 'a lesser risk This analysis entails a scientific judgment of greater harm ... or a greater risk of lesser by the Administrator about the potential risks harm' or any combination in posed by lead emissions to public health and between, "159160161162 As the language in welfare. In this proposed action, the EPA is section 231 (a)(2)(A) is analogous to that in using the same approach in making scientific section 202(a), it is reasonable to apply this judgments regarding endangerment as it has interpretation to the endangerment previously described in the 2016 Findings, determination under section 23 l(a)(2)(A).252 and its analysis is guided by the same five Morcover, thc logic underlying this principles that guided the Administrator's interpretation supports the general principle analysis in those that under CAA section 231 the EPA is not Findings.1? required to identify a specific minimum Similarly, the EPA is taking the same threshold of contribution from potentially approach to the cause or contribute analysis as subject source categories in determining was previously explained in the 2016 whether their emissions "cause or contribute" Findings.153 For example, as previously noted, to the endangering air pollution.253 The section 231(a)2)A)'s instruction to consider reasonableness of this principle is further whether emissions of an air pollutant cause or supported by the fact that section 231 does contribute to air pollution makes clear that the not impose on the EPA a requirement to find Administrator need not find that emissions that such contribution is "significant," let from any one sector or class of sources are the alone the sole or major cause of the sole or even the major part of an air pollution endangering air pollution.254 problem. "" Moreover, like the CAA section Finally, as also described in the 2016 202(a) language that governed the 2009 Findings, there are a number of possible ways Findings, the statutory language in section of assessing whether air pollutants cause or 23 l(a)(2)(A) does not contain a modifier on contribute to the air pollution which may its use of the term "contribute, "1 Unlike reasonably be anticipated to endanger public other CAA provisions, it does not require health and welfare, and no single approach is "significant" contribution. Compare, required or has been used exclusively in e.g., CAA sections lll(b); 213(a)(2), (4). previous cause or contribute determinations Congress made it clear that the Administrator under title II of the CAA.168 is to exercise his judgment in determining contribution, and authorized regulatory C. Regulatory Authority for Emission controls to address air pollution even if the air Standards pollution problem results from a wide variety of sources.156 While the endangennent test looks at the air pollution being considered as a whole and the risks it poses, the cause or contribute test is designed to authorize the EPA to identify and then address what may well be many different sectors, classes, or groups of sources that are each part of the problem.157 Moreover, as the EPA has previously explained, the Administrator has ample discretion in exercising his reasonable judgment and determining whether, under the circumstances presented, the cause or contribute criterion has been met.158 As noted in the 2016 Findings, in addressing provisions in section 202(a), the D.C. Circuit has explained that the Act at the endangerment finding step did not require the EPA to " See CRR, 684 F.3d at 117 (explaining two-part analysis under section 202(a)) (June 26, 2012). S ee, e.g., 81 FR 54422, 54434-55435 (Aug. 15, 2016). '' See, e.g., 81 FR at 54437-54438 (September 4, 2013). ' S ee, e.g., 8I FR at 54437-54438 (Aug. 15, 2016). ' See, e.g., 8I FR at 54437-54438 (Aug. 15, 2016). See 8I FR at 54437-54438 (Aug. 15, 2016). S 7 See 8I FR at 54437-54438 (Aug. 15, 2016). See 8I FR at 54437-54438 (Aug. 15, 2016) 3CR R, 684 F.3d at 122--123 (June 26, 2012). Though the EPA is not proposing standards in this action, shou Id the EPA finalize these findings, the EPA would then proceed to propose emission standards under CAA section 231. As noted in Section III.A of this document, section 231 (a)(2)(A) of the CAA directs the Administrator of the EPA to, from time to time, propose aircraft engine emission standards applicable to the emission of any air pollutant from classes of aircraft engines which in his or her judgment causes or contributes to air pollution that may reasonably be anticipated to endanger public health or welfare. CAA section 23 l(a)(2)(B) further directs the EPA to consult with the Administrator of the FAA on such standards, and it prohibits the EPA from changing aircraft emission 19 CRR, 684 F.3d at 122--123. (quoting Ethyl Cor., 541 E.2d at 18) (June 26, 2012). FR at 54438 (Aug. 15, 2016). 6 FR at 54438 (Aug. 15, 2016). 62774 standards if such a change would significantly increase noise and adversely affect safety. CAA section 231 ( a)(3) provides that after we provide notice and an opportunity for a public hearing on standards, the Administrator shall issue such standards "with such modifications as he deems appropriate." In addition, under CAA section 23 l(b), the EPA determines, in consultation with the U.S. Department of Transportation (DOT), that the effective date of any standard provides the necessary time to permit the development and application of the rcquisit technology, giving appropriate consideration to the cost of compliance. Once the EPA adopts standards, CAA section 232 then directs the Secretary of Transportation to prescribe regulations to ensure compliance with the EPA's standards. Finally, section 233 of the CAA vests the authority to promulgate emission standards for aircraft or aircraft engines only in the federal government. States are preempted from adopting or enforcing any standard respecting aircraft or aircraft engine emissions unless such standard is identical to the EPA's standards. I6 IV, The Proposed Endangerment Finding Under CAA Section 231 A. Scientific Basis of the Endangerment Finding 1. Lead Air Pollution Lead is emitted and exists in the atmosphere in a variety of forms and compounds and is emitted by a wide range of sources.165 Lead is persistent in the environment. Atmospheric transport distances of airborne lead vary depending on its form and particle size, as discussed in Section II.A of this document, with coarse lead-bearing particles deposited to a greater extent near the source, while fine lead-bearing particles can be transported long distances before being deposited. Through atmospheric deposition, lead is distributed to other environmental media, including soils and surface water bodies.166 Lead is retained in soils and sediments, where it provides a historical record and, depending on several factors, can remain available in some areas for extended periods for environmental or human exposure, with any associated potential public health and public welfare impacts. For purposes of this action, the EPA is proposing to define the "air pollution" referred to in section 231 (a)(2)(A) of the CAA CAA Section 233 (Dec. 31, 1970). 16S EPA (2013) ISA for Lead. Section 2.2. "Sources of Atmospheric Pb." p. 2-1. EPA, Washington, DC, EPA/600/R-10/075F, 2013. 6 EPA (2013) ISA for Lead. Executive Summary. "Sources, Pate and 'Transport of Lead in the Environment, and the Resulting Human Exposure and Dose." pp. lxxviii- Ixxix. EPA, Washington, DC, EPA/600/R--10/075F, 2013. 1 FR at 54438 (Aug. 15, 2016). » See 8I FR at 54462 (Aug. 15, 2016). I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules as lead, which we also refer to as the lead air The 2013 Lead ISA characterizes the causal pollution in this document.167 nature of relationships between lead exposure and health effects using a weight-of- evidence approach.171 We summarize here those health effects for which the EPA in the 2013 Lead ISA has concluded that the evidence supports a determination of either a "causal relationship," or a "likely to be causal relationship," or for which the evidence is "suggestive of a causal relationship" between lead exposure and a health effect.""T?In the discussion that follows, we summarize findings tgardig effects observed in children, effects observed in adults, and additional effects observed that are not specific to an age group. The EPA has concluded that there is a "causal relationship" between lead exposure during childhood (pre and postnatal) and a range of health effects in children, including the following: Cognitive function decrements; the group of externalizing behaviors comprising attention, increased impulsivity, and hyperactivity; and developmental effects (i.e., delayed pubertal onset).173 In addition, the EPA has concluded that the evidence supports a conclusion that there is a "likely to be causal relationship" between lead exposure and conduct disorders in children and young adults, internalizing behaviors such as depression, anxiety and withdrawn behavior, auditory function decrements, and fine and gross motor function decrements. "" Multiple epidemiologic studies conducted in diverse populations of children consistently demonstrate the harmful effects of lead exposure on cognitive function (as measured by decrements in intelligence quotient [IQ], decreased academic performance, and poorer performance on tests of executive function). These findings arc supported by extensively documented toxicological evidence substantiating the plausibility of these findings in the epidemiological literature and 2. Health Effects and Lead Air Pollution As noted in Section II.A of this document, in 2013, the EPA completed the Integrated Science Assessment for Lead which built on the findings of previous AQCDs for Lead. These documents critically assess and integrate relevant scientific information regarding the health and welfare effects of lead and have undergone extensive critical review by the EPA, the Clean Air Soiontifio Advisory Committee (CASAC), and the public. As such, these assessments provide the primary scientific and technical basis on which the Administrator is proposing to find that lead air pollution is reasonably anticipated to endanger public health and welfare, I68169 As summarized in Section II.A of this document, human exposure to lead that is emitted into the air can occur by multiple pathways. Ambient air inhalation pathways include both inhalation of air outdoors and inhalation of ambient air that has infiltrated into indoor environments. Additional exposure pathways may involve media other than air, including indoor and outdoor dust, soil, surface water and sediments, vegetation and biota. While the bioavailability of air- related lead is modified by several factors in the environment (e.g., the chemical form of lead, environmental fate of lead emitted to air), as described in Section II.A of this document, it is well-documented that exposures to air- related lead can result in increased blood lead levels, particularly for children living near air lead sources, who may have increased blood lead levels due to their proximity to these sources of exposure."7O As described in the EPA's 2013 Lead ISA and in prior Criteria Documents, lead has been demonstrated to exert a broad array of deleterious effects on multiple organ systems. 167 The lead air pollution that we arc considering in this proposed finding can occur as elemental lead or in lead- containing compounds, and this proposed definition of the air pollution recognizes that lead in air (whatever for it is found in, including in inorganic and organic compounds containing lead) has the potential to elicit public health and welfare effects. We note, for example, that the 2013 Lead ISA and 2008 AQCD described the toxicokinetics of inorganic and organic forms of lead and studies evaluating lead-related health effects commonly measure total lead level (i.e., all forms of lead in various biomarker tissues such as blood). 1 EPA (2013) ISA for Lead. EPA, Washington, DC, EPA/600/R-10/075F, 2013. 169 EPA (2006) AQC for Lead. EPA, Washington, DC, EPA6O0/R-5/144aF, 2006. '7o EPA (2013) ISA for Lead. Section 5.4 . "Summary." p. 5-40. EPA, Washington, DC, EPA/ 600/R-10/075F, 2013, 7 The causal framework draws upon the assessment and integration of evidence from across scientific disciplines, spanning atmospheric chemistry, exposure, dosimetry and health effects studies (i.e., epidemiologic, controlled human exposure, and animal toxicological studies), and assessment of the related uncertainties and limitations that ultimately influence our understanding of the evidence. This framework employs a five-level hierarchy lhal classifies the overall weight-of-evidence with respect to the causal nature of relationships between criteria pollutant exposures and health and welfare effects using the following categorizations: causal relationship; likely to be causal relationship; suggestive of, but not sufficient to infer, a causal relationship; inadequate to infer the presence or absence of a causal relationship; and not likely to be a causal relationship. EPA (2013) ISA for Lead. Preamble Section. p. xliv. EPA, Washington, DC, EPA/6OO/R-10/075F, 2013. EPA (2013) ISA for Lead. Table ES-1. "Summary of causal determinations for the relationship between exposure to Pb and health effects." pp. lxxiii-lxxxvii. EPA, Washington, DC, EPA/600/R-10/075F, 2013. '7 EPA (2013) ISA for Lead. Table ES--1, "Summary of causal determinations for the relationship between exposure to Pb and health effects." p. Ixxxiii and p. Ixxxvi. EPA, Washington, DC, EPA/600/R--10/075F, 2013. 62775 provide information on the likely mechanisms underlying these neurotoxic effects."7? Intelligence quotient is a well- established, widely recognized and rigorously standardized measure of neurocognitive function which has been used extensively as a measure of the negative effects of exposure to lead.176 177 Examples of other measures of cognitive function negatively associated with lead exposure include measures of intelligence and cognitive development and cognitive abilities, such as learning, memory, and executlve functions, as well as academlc performance and achievement.178 In summarizing the evidence related to neurocognitive impacts of lead at different childhood lifestages, the 2013 Lead ISA notes that "in individual studies, postnatal (early childhood and concurrent [ with IQ testing]) blood lead levels are also consistently associated with cognitive function decrements in children and adolescents."179The 2013 Lead ISA additionally notes that the findings from experimental animal studies indicate that lead exposures during multiple early lifestages and periods are observed to induce impairments in learning, and that these findings "are consistent with the understanding that the nervous system continues to develop (i.e., synaptogenesis and synaptic pruning remains active) throughout childhood and into adolescence, "18o The 2013 Lead ISA further notes that "it is clear that lead exposure in childhood presents a risk; further, there is no evidence of a threshold below which there are no harmful effects on cognition from lead exposure," and additionally recognizes uncertainty about the lead exposures that are part of the effects and blood lead levels observed in epidemiologic studies (uncertainties which are greater in studies of older children and adults than in studies of younger children).181 Evidence suggests that while some neurocognitive effects of lead in children may be transient, I EPA (2013) ISA for Lead. Table ES-I. "Summary of causal determinations for the relationship between exposure lo Pb and health effects." pp. lxxxiii-lxxxiv. EPA, Washington, DC, EPA/600/R--10/075F, 2013. 17S EPA (2013) ISA for Lead. Executive Summary. "Effects of Pb Exposure in Children." pp. bxxxvii- lxxxviii. EPA, Washington, DC, EPA/600/R--10/ 075F, 2013. 176 EPA (2013) ISA for Lead. Section 4.3.2. "Cognitive Function." p. 4-59. EPA, Washington, DC, EPA6OO/R- 10/075F, 2013. 171 EPA(2006) AQC for Lead. Sections 6.2.2 and 8.4.2. EPA, Washington, DC, EPA/600/R-5/144aF, 2006. 7 EPA (2013) ISA for Lead. Section 4.3.2. "Cognitive Function." p. 4--59. EPA, Washington, DC, EPA/6OO/R-- 10/075F, 2013. 179 EPA (2013) ISA for Lead. Section 1.9.4. "Pb Exposure and Neurodevelopmenlal Deficits in Children." p. 1--76. EPA, Washington, DC, EPA/ 600/R-10/075F, 2013. 1o EPA (2013) ISA for Lead. Section 1.9.4. "P Exposure and Neurodevelopmental Deficits in Children." p. 1-76. EPA/6O0/R--10/075E, 2013. I» EPA (2013) ISA for Lead. Executive Summary. "Effects of Pb Exposure in Children." pp. lxxvii- lxxxviii. EPA, Washington, DC, EPA/600/R--10/ 075F, 2013. I RegisterNol. 87, No. 199/Monday, October 17, 2022/Proposed Rules some lead-related cognitive effects may be 27EpA (2013) ISA for Lead. Executive Summary. irreversible and persist into adulthood182 "Public Health Significance." p. xciii. EPA, Washington, all tfe ' l d . {{ DC, EPA/600/R-10/075F, 2013. potentially affecting lower education@! ziEpA (2013) 1SA for Lead. Section 1.9.1. attainment and financial well-being. "Public Health Significance." p. 1-68. EPA, Washington, The 2013 Lead ISA concluded that DC, EPN600/R--10/075F, 2013. neurodevelopmental effects in children were 379EpA (2013) 1SA for Lead. Section 1.9.1. among the effects best substantiated as "Public Health Significance." p. 1-68. EPA, Washington, . DC, EPA6O0/R-10/075F, 2013. occurring at the lowest blood lead levels, and EPA (2013) ISA for Lead. Executive Sumi4,,, that these categories of effects were clearly of "Effects of Pb Exposure in Adults." p. lxxxviii. the greatest concern with regard to potential EPA/600/R-10/075F, 2013. public health impact.276For example, in considering population risk, the 2013 Lead ISA notes that "[s]mall shifts in thc population mean IQ can be highly significant from a public health perspective" 277 Specifically, if lead- related decrements are manifested uniformly across the range of IQ scores in a population, "a small shift in the population mean IQ may be significant from a public health perspective because such a shift could yield a larger proportion of individuals functioning in the low range of the IQ distribution, which is associated with increased risk of educational, vocational, and social failure" as well as a decrease in the proportion with high IQ scores?78 With regard to lead effects identified for the adult population, the 2013 Lead ISA concluded that there is a "causal relationship" between lead exposure and hypertension and coronary heart disease in adults. The 2013 Lead ISA concluded that cardiovascular effects in adults were those of greatest public health concern for adults because the evidence indicated that these effects occurred at the lowest blood lead levels, compared to other health effects, although the role of past versus current exposures to lead is unclear.279 With regard to evidence of cardiovascular effects and other effects of lead on adults, the 2013 Lead ISA notes that "[a] large body of evidence from both epidemiologic studies of adults and experimental studies in animals demonstrates the effect of long- term lead exposure on increased blood pressure and hypertension. "?%on of Pb," p. 1-76. EPA, Washington, DC, EPA/6OO/R- 10/075F, 2013. 75EPA (2013) ISA for Lead. Section 4.3.14. "Public Health Significance of Associations between Pb Biomarkers and Neurodevelopmental Effects." p. 4-279. EPA, Washington, DC, EPA/600/ R--10/075F, 2013. 7EPA (2013) ISA for Lead. Section 1.9.1. "Public Health Significance." p. 1-68. EPA, Washington, DC, EPA/600/R-10/075F, 2013. I? EPA (2013) ISA for Lead. Section 1.9.5. "Reversibility and Persistence of Neurotoxic Effects 189 1PA (2013) ISA for Lead. Executive Summary. "Effects of Pb Exposure in Adults." p. lxxviii. EPA/60O/R-10/075F, 2013. EP A (2013) ISA for Lead. Executive Summary. "Effects of Pb Exposure in Adults." p. lxxxviii. EPA/600/R--10/075F, 2013. I' EPA (2013) ISA for Lead. Executive Summary. "Effects of Pb Exposure in Adults." p. lxxxviii. EPA/600/R-10/075F, 2013. 1 [P A (2013) ISA for Lead. Executive Summary. addition to its effect on blood pressure, "lead exposure can also lead to coronary heart disease and death from cardiovascular causes and is associated with cognitive function decrements, symptoms of depression and anxiety, and immune effects in adult humans, "183 The extent to which the effects of lead on the cardiovascular system arc reversible is not well- characterized. Additionally, the frequency, timing, level, and duration of lead exposure causing the effects observed in adults has not been pinpointed, and higher exposures earlier in life may play a role in the development of health effects measured later in life.184 The 20 I 3 Lead ISA states that "ijt is clear however, that lead exposure can result in harm to the cardiovascular system that is evident in adulthood and may also affect a broad array of organ systems, "I%° In summarizing the public health significance of lead on the adult population, the 2013 Lead ISA notes that "small lead-associated increases in the population mean blood pressure could result in an increase in the proportion of the population with hypertension that is significant from a public health perspective, "186 In addition to the effects summarized here, the EPA has concluded there is a "likely to be causal relationship" between lead exposure and both cognitive function decrements and psychopathological effects in adults. The 2013 Lead ISA also concludes that there is a "causal relationship" between lead exposure and decreased red blood cell survival and function, altered heme synthesis, and male reproductive function. The EPA has also concluded there is a "likely to be causal relationship" between lead exposure and decreased host resistance, resulting in "Public Health Significance." p. xciii. EPA, Washington, DC, EPA/6OO/R--10/075F, 2013. 17 EPA (2013) ISA for Lead. 'Table ES-1. "Summary of causal determinations for the relationship between exposure to Pb and health effects." pp. bxxxiv-lxxxvii. EPA, Washington, DC, EPA/600/R-10/075F, 2013. 1 EPA (2013) 1SA for Lead. Table ES-1. "Summary of causal determinations for the relationship between exposure to Pb and health effects." pp. lxxxiv-lxxxvi. EPA, Washington, DC, EPA/600/R--10/075F, 2013. 19 EPA (2013) ISA for Lead. Chapter 5. "Approach to Classifying Potential At-Risk Factors." p. 5- 2. EPA, Washington, DC, EPA/600/ R-10/075F, 2013. 62776 increased susceptibility to bacterial infection and suppressed delayed type hypersensitivity, and cancer 1%7 Additionally, the evidence is suggestive of lead exposure and some additional effects. These include auditory function decrements and subclinical atherosclerosis, reduced kidney function, birth outcomes (e.g., low birth weight, spontaneous abortion), and female reproductive function.188 The EPA has identified factors that may increase the risk of health effects oflead exposure due to susceptibility and/ or vulnerability; these arc termed "at- risk" factors. The 2013 Lead ISA describes the systematic approach the EPA uses to evaluate the coherence of evidence to determine the biological plausibility of associations between at- risk factors and increased vulnerability and/or susceptibility. An overall weight of evidence is used to determine whether a specific factor results in a population being at increased risk of lead- related health effects.189 The 2013 Lead ISA concludes that "there is adequate evidence that several factors- childhood, race/ethnicity, nutrition, residential factors, and proximity to lead sources-confer increased risk of lead-related health effects. "19o 3. Welfare Effects and Lead Air Pollution The 2013 Lead ISA characterizes the causal nature of relationships between lead exposure and welfare effects using a five-level hierarchy that classifies the overall weight-of- evidence, 19 We summarize here the welfare effects for which the EPA has concluded that the evidence supports a determination of either a "causal relationship," or a "likely to be causal relationship," with exposure to lead, or that the evidence is "suggestive of a causal relationship" with lead exposure. The discussion that follows is organized to first provide a summary of the effects of lead in the terrestrial environment, followed by a summary of effects of lead in freshwater and saltwater ecosystems. The 20 I 3 Lead ISA further describes the scales or levels at which these determinations between lead exposure and effects on plants, invertebrates, and vertebrates were made (i.e., community-level, 19 EPA (2013) ISA for Lead. Section 5.4. "Summary." p. 5.44. EPA, Washington, DC, EPA/ 600/R-10/075F, 2013. 19 (Causal determinations for ecological effects were based on integration of infonation on biogeochemistry, bioavailability, biological effects, and exposure-response relationships of lead in terrestrial, freshwater, and saltwater environments. This framework employs a five-level hierarchy that classifies the overall weight-of-evidence with respect to the causal nature ofrclationships between criteria pollutant exposures and health and welfare effects using the categorizations described in the 2013 Lead NAAQS. I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules ecosystem-level, population-level, organism- level or sub-organism level). "P? In terrestrial environments, the EPA determined that "causal relationships" exist between lead exposure and reproductive and developmental effects in vertebrates and invertebrates, growth in plants, survival for invertebrates, hematological effects in vertebrates, and physiological stress in plants." The EPA also determined that there were "likely to be causal relationships" between lead exposure and community and ecosystem effeots, growth in invertebrate3, survival in vertebrates, neurobehavioral effects in invertebrates and vertebrates, and physiological stress in invertebrates and vertebrates. In freshwater environments, the EPA found that "causal relationships" exist between lead exposure and reproductive and developmental effects in vertebrates and invertebrates, growth in invertebrates, survival for vertebrates and invertebrates, and hematological effects in vertebrates. The EPA also determined that there were "likely to be causal relationships" between lead exposure and community and ecosystem effects, growth in plants, neurobehavioral effects in invertebrates and vertebrates, hematological effects in invertebrates, and physiological stress in plants, invertebrates, and vertebrates. I94 The EPA also determined that the evidence for saltwater ecosystems was "suggestive of a causal relationship" between lead exposure and reproductive and developmental effects in invertebrates, hematological effects in vertebrates, and physiological stress in invertebrates.195 The 2013 Lead ISA concludes, "With regard to the ecological effects of lead, uptake of lead into fauna and subsequent effects on reproduction, growth and survival are established and are further supported by more recent evidence. These may lead to effects at the population, community, and ecosystem level of biological organization. In both terrestrial and aquatic organisms, gradients in response are observed with increasing concentration of lead and some studies report effects within the range of lead detected in environmental media over the past several decades. Specifically, effects on reproduction, growth, and survival in sensitive freshwater invertebrates are well-characterized from controlled studies at concentrations at or near lead concentrations occasionally encountered 192 EPA (2013) ISA for Lead. Table ES-2. "Schematic representation of the relationships between the various MOAs by which Pb exerts its effects." p. Ixxii. EPA, Washington, DC, EPA/600/ R--10/075F, 2013. 19» EPA (2013) ISA for Lead. Table ES-2. "Summary of causal determinations for the relationship between Pb exposure and effects on plants, invertebrates, and vertebrates." p. xc. EPA, Washington, DC, EPA/6OOIR- 10/075F, 2013. 19 EPA (2013) ISA for Lead. Table ES-2. "Summary of causal determinations for the relationship between Pb in U.S. fresh surface waters. Hematological and stress related responses in some terrestrial and aquatic species were also associated with elevated lead levels in polluted areas. However, in natural environments, modifying factors affect lead bioavailability and toxicity and there are considerable uncertainties associated with generalizing effects observed in controlled studies to effects at higher levels of biological organization. Furthermore, available studies on community and ecosystem- level effects are usually from contaminated areas where lead concentration3 are much higher than typically encountered in the environment. The contribution of atmospheric lead to specific sites is not clear and the connection between air concentration of lead and ecosystem exposure continues to be poorly characterized, "196 B. Proposed Endangerment Finding The Administrator proposes to find, for purposes of CAA section 231( a)(2)(A), that lead air pollution may reasonably be anticipated to endanger the public health and welfare. This proposal is based on consideration of the extensive scientific evidence, described in this section, that has been amassed over decades and rigorously peer reviewed by CASAC. V, The Proposed Cause or Contribute Finding Under CAA Section 231 A. Proposed Definition of the Air Pollutant Under section 231, the Administrator is to determine whether emissions of any air pollutant from any class or classes of aircraft engines cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare. As in the 2016 Findings that the EPA made under section 231 for greenhouse gases, in making this proposed cause or contribute finding under section 23 l(a)(2), the Administrator first defines the air pollutant being evaluated. The Administrator has reasonably and logically considered the relationship between the lead air pollution and the air pollutant when considering emissions. of lead from engines used in covered aircraft. The Administrator proposes to define the air pollutant to match the proposed definition of the air pollution, such that the air pollutant analyzed for contribution would mirror the air pollution considered in the endangerment finding. Accordingly, for purposes of this exposure and effects on plants, invertebrates, and vertebrates." p. xc. EPA, Washington, DC, EPA/6OO/R-- 10/075F, 2013. 1' EPA (2013) ISA for Lead. Table ES-2. "Summary of causal determinations for the relationship between Pb exposure and effects on plants, invertebrates, and vertebrates." p. xc. EPA, Washington, DC, EPA/6OO/R-- 10/075F, 2013. 62777 action, the Administrator is proposing to define the "air pollutant" referred to in section 231(a)2)A) as lead, which we also refer to as the lead air pollutant in this document.197 As noted in Section 11.A.2 of this document, lead emitted to the air from covered aircraft engines is predominantly in particulate form as lead dibromide; however, some chemical compounds of lead that are expected in the exhaust from these engines, including alkyl lead compounds, would occur in the air in gaseous form. Under scction 231(a), the Administrator is required to set "emission standards applicable to the emission of any air pollutant" from classes of aircraft engines that the Administrator determines causes or contributes to air pollution that may reasonably be anticipated to endanger public health or welfare. If the Administrator makes a final determination under section 231 that the emissions of the lead air pollutant from certain classes of aircraft engines cause or contribute to air pollution that may reasonably be anticipated to endanger public health and welfare, then he is called on to set standards applicable to the emission of this air pollutant. The term "standards applicable to the emission of any air pollutant" is not defined, and the Administrator has the discretion to interpret it in a reasonable manner to effectuate the purposes of section 231. We anticipate that the Administrator would consider a variety of factors in determining what approach to take in setting the standard or standards, and the EPA would provide notice and an opportunity to comment on the proposed standards before finalizing them. B. The Data Used To Evaluate the Proposed Cause or Contribute Finding The Administrator's assessment of whether emissions from the engines used in covered aircraft cause or contribute to lead air pollution is informed by estimates of lead emissions from the covered aircraft, lead concentrations in air at and near airports that are attributable to lead emissions from piston engines used in covered aircraft, and potential future conditions. As used in this proposai, the term, "covered aircraft" refers to all aircraft and ultralight vehicles equipped with covered engines which, in this context, means any aircraft engine that is capable ofusing leaded avgas. Examples of covered aircraft would include smaller piston-powered aircraft such 9 EPA (2013) ISA for Lead. "Summary." p. xcvi. EPA, Washington, DC, EPA/600/R-10/075F, 2013. 97 The lead air pollutant we are considering in this proposed finding can occur as elemental lead or in lead- containing compounds, and this definition of the air pollutant recognizes the range of chemical forms of lead emitted by engines in covered aircraft. I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules as the Cessna 172 (single-engine aircraft) and the Beechcraft Baron G58 (twin-engine aircraft), as well as the largest piston- engine aircraft-the Curtiss C--46 and the Douglas DC-6. Other examples of covered aircraft would include rotorcraft, such as the Robinson R44 helicopter, light-sport aircraft, and ultralight vehicles equipped with piston engines. The vast majority of covered aircraft are piston-engine powered. In recent years, covered aircraft are estimated to be the largest single source of lead to air in the U.S. Since 2008, as described in Section 11.A.2.b of this document, lead emissions from covered aircraft are estimated to have contributed over 50 percent of all lead emitted to the air nationally. The EPA estimates 470 tons of lead were emitted by covered aircraft in 2017, comprising 70 percent of lead emitted to air nationally that year.198 In approximately 1,000 counties in the U.S., the EPA's emissions inventory identifies covered aircraft as the sole source of lead emissions. Among the 1,872 counties in the U.S. for which the inventory identifies multiple sources of lead emissions, including engine emissions from covered aircraft, the contribution of aircraft engine emissions ranges from 0.0006 to 0.26 tons per year, comprising 0.0065 to 99.98 percent (respectively) of total lead emissions to air in those counties from covered aircraft. I9? Covered aircraft activity, as measured by the number of hours flown nationwide, increased nine percent in the period from 2012 through 2019.298 General aviation activity, largely conducted by covered aircraft, increased up to 52 percent at airports that are among the busiest in the U.S.299 In future years, while piston-engine aircraft activity overall is projected to decrease slightly, this change in activity is not projected to occur uniformly across airports in the U.S.; some airports are forecast to have increased activity by general aviation aircraft, the majority of which is conducted by piston- engine aircraft.3 Although there is some uncertainty in these projections, they indicate that lead emissions from covered aircraft may increase at somc airports in the future."I Additionally, engine emissions of lead from covered aircraft may deposit in the local environment and, due to the small size of the lead-bearing particles emitted by engines in covered aircraft, these particles may disperse 9 The lead inventories for 2008, 2011 and 2014 are provided in the EPA (2018b) Report on the Environment Exhibit 2. Anthropogenic lead emissions in the U.S. Available at https:// cfpub.epa.gov/roe/indicator.cf?i= 13i2. The lead inventories for 2017 are available at https:// www.epa.gov/air-emissions-inventories/20l7- national- emissions-inventory-nei-data#dataq. %% Airport lead annual emissions data used were reported in the 2017 NEI. Available at https:// widely in the environment. Therefore, because lead is a persistent pollutant in the environment, we anticipate current and future emissions of lead from covered aircraft engines may contribute to exposures and uptake by humans and biota into the future. In evaluating the contributions of engine emissions from covered aircraft www.epa.gov/air-emissions-inventories2017- national- emissions-inventory-nei-data. In addition to the triennial NEI, the EPA collects from state, local, and Tribal air agencies point source data for larger sources cvcry year (see https://www.epa.gov/ air-emissions-inventories/air- emissions-reporting- requirements-aerr for specific emissions thresholds). While these data are not typically published as a new NEI, they are available publicly upon request and are also included in https://www.epa.gov/air- emissions-modeling/emissions- modeling-platforms, which arc created for years other than the triennial NEI years. County estimates of lead emissions from non-aircraft sources used in this action are from the 2019 inventory. There are 3,012 counties and statistical equivalent areas where EPA estimates en gi ne emissions of lead occur. 298pA. General Aviation and Pant 135 Activity Surveys-CY 2019. Chapter 3: Primary and Actual Use. Table 1.3 General Aviation and Part 135 Total Hours Flown by Aircraft Type 2008-2019 (Hours in Thousands). Retrieved on Dec., 27, 2021 at https://www.faa.gov/data_research/aviation data_statistics/general_aviation/CY2019 199Geidosch. Memorandum to Docket EPA--HQ-- 0AR-2022-0389. Past Trends and Future Projections in General Aviation Activity and Emissions. June 1, 2022. Docket ID EPA-HQ -2022-- 0389. 0geidosch. Memorandum to Docket EPA--HQ-- OAR-2022-0389. Past Trends and Future Projections in General Aviation Activity and Emissions. June 1, 2022. Docket ID EPA--HQ-2022-0389. 0FAA TAF Fiscal Years 2020-2045 describes the forecast method, data sources, and review process for the TAF estimates. 'The documentation for the TAF is available at https://taffaa.gov/ Downloads/TIAFSummaryfY2020- 2045.pdf. to lead air pollution, as defined in Section V.A of this document, the EPA also considers lead concentrations in the ambient air-monitored concentrations, modeled concentrations, and model-extrapolated estimates of lead concentrations. Lead concentrations monitored in the ambient air typically quantify lead compounds collected as suspended particulate matter. The information gained from air monitoring and air quality modeling provides insight into how lead emissions from piston engines used in covered aircraft can affect lead concentrations in air. a00 Carr et. al., 2011. Development and evaluation of an air quality modeling approach to assess near- field impacts of lead emissions from piston-engine aircraft operating on leaded aviation gasoline. Atmospheric Environment, 45 (32), 5795--5804. DOI: https://dx.doi.org/10.1016/j.atmosenv 01.,07.017. 10 ppA (2020) Model-extrapolated Estimates of Airbome Lead Concentrations at U.S. Airports. 'Table 6. EPA-420--R--20-003, 2020. Available at htups://nepis.epa. go/Exe/ZyPDE cg@?Dockey PI00YG52.pdf 20» arr et al., 20IL, Development and evaluation of an air quality modeling approach to assess near- field impacts 62778 As described in Section 11.A.3 of this document, the EPA has conducted air quality modeling at two airports and extrapolated modeled estimates of lead concentrations to 13,000 airports with piston-engine aircraft activity. These studies indicate that over a three-month averaging time (the averaging time for the Lead NAAQS), the engine emissions of lead from covered aircraft are estimated to contribute to air lead concentrations to a distance of at least 500 meters downwind from a runway, 200201 202 Additional studies have reported that lead emissions from covered aircraft may have increased concentrations of lead in air by one to two orders of magnitude at locations proximate to aircraft emissions compared to nearby locations not impacted by a source of lead air emissions,203 204 205206207 In 2008 and 20 10, the EPA enhanced the lead monitoring network by requiring monitors to be placed in areas with sources such as industrial facilities and airports, as described further in Section II.A.3 of this document307308 As part of this 2010 requirement to expand lead monitoring nationally, the EPA required a 1-year monitoring study of 15 additional airports with estimated lead emissions between 0.50 and I .0 ton per year in an effort to better understand how these emissions affect concentrations of lead in the air at and near airports. Further, to help evaluate airport characteristics that could lead to ambient lead concentrations that approach or exceed the lead NAAQS, airports for this I-year monitoring study were selected based on factors such as the level of activity of covered aircraft and the predominant use of one runway due to wind patterns. Monitored lead concentrations in ambient air are highly sensitive to monitor location relative to the location of the run-up areas for piston-engine aircraft and other localized areas of elevated lead concentrations relative to the air monitor locations. The lead monitoring study at airports began in 2011. In 2012, air monitors were placed in close proximity to the run-up areas at the San Carlos Airport (starting on March 10, 2012) and the McClellan-Palomar Airport (starting on March 16, 2012). The concentrations of lead measured at both of these airports in 2012 of lead emissions from piston-engine aircraft operating on leaded aviation gasoline, Atmospheric Environment, 45 (32), 5795--5804. DOI: htups:/dx.doi.org/10.1016/ j.atmosen». 2011.07.017. a0 Heiken et al., 2014. Quantifying Aircraft Lead Emissions at Airports. ACRP Report 133, Available at http.s://www.nap.edu/catalog/22 142/quantifying- aircraft- lead-emissions-at-airports. 0» Hudda et al., 2022. Substantial Near-Field Air Quality Improvements at a General Aviation Airport Following a Runway Shortening. Environmental Science & Technology. DOE: 10.1021/ acs.est. 1c06765. a06 FR 66965 (Nov. 12, 2008). 07 FR 81226 (Dec. 27, 2010). I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules were above the level of the lead NAAQS, Taking into consideration the data and with the highest measured levels of lead in information summarized in Section V of this total suspended particles over a rolling three- document, the Administrator proposes to find month average of0.33 micrograms per cubic that engine emissions of the lead air pollutant meter of air at the San Carlos Airport and 0.17 from covered aircraft cause or contribute to micrograms per cubic meter of air at the the lead air pollution that may reasonably be McClellan-Palomar Airport. These anticipated to endanger public health and concentrations violate the primary and welfare. In reaching this proposed conclusion, secondary lead NAAQS, which are set at a the Administrator notes that piston-engine level of 0.15 micrograms per cubic meter of aircraft operate on leaded avgas. That air measured in total suspended particles, as operation emits lead- an average of three consecutive monthly coIIcenLr alinIs. In recognition of the potential for lead concentrations to exceed the lead NAAQS in ambient air near the area of maximum concentration at airports, the EPA further conducted an assessment of airports nationwide, titled "Model- extrapolated Estimates of Airborne Lead Concentrations at U.S. Airports" and described in Section II.A.3 of this document.208 The model-extrapolated lead concentrations estimated in this study are attributable solely to emissions from engines in covered aircraft operating at the airports evaluated and did not include other sources of lead emissions to air. The EPA identified four airports with the potential for lead concentrations above the lead NAAQS due to lead emissions from engines used in covered aircraft. Additional information regarding the contribution of engine emissions of lead from covered aircraft to lead air pollution is provided by the EPA's Air Toxics Screening Assessment. As described and summarized in Section IL.A.3 of this document, the EPA's Air Toxics Screening Assessment estimates that piston engines used in aircraft contribute more than 50 percent of the lead concentration in over half of the census tracts in the U.,310 The EPA also notes that lead emissions from engines in covered aircraft are present in three of the ten areas in the U.S. currently designated as nonattainment for the 2008 lead NAAQS. These areas are Arecibo, PR, and Hayden, AZ, each of which include one airport servicing covered aircraft, and the Los Angeles County-South Coast Air Basin, CA, which contains at least 22 airports within its nonattainment area boundary.311312 Although the lead emissions from aircraft are not the predominant source of airborne lead in these areas, the emissions from covered aircraft may increase ambient air lead concentrations in these areas. C. Proposed Cause or Contribution Finding for Lead 108 EPA (2020) Model-extrapolated Estimates of Airborne Lead Concentrations at U.S. Airports Table 6. EPA- 420-R--20-003, 2020. Available at https://epis.epa.gov/Exe/ZyPDEcgi?Dockey= PI00YG52.pdf. 0EPA's 20I7 Air'ToxScreen is available at http.s://www.epa.gov/AirloxScreen. 56uth Coast Air Quality Management District (2012) Adoption of 2012 Lead SIP Los Angeles County by South Coast Governing Board, p.3-11, Table 3-- 3, Available at https://www.aqmd.gow home/air- quality/clean-air-plans/lead-state- implementation-plan. The South Coast Air Quality Management District identified 22 airports in the Los Angeles County-South Coast Air Basin nonattainment area; the Whiteman Airport is among those in the nonattainment area and the EPA estimated activity at this airport may increase lead concentrations to levels above the lead NAAQS in the report, Model-extrapolated Estimates of Airborne Lead Concentrations at U.S. Airports. Table 7. EPA, Washington, DC, EPA- 420-R-20-- 003, 2020. Available at https://epis.epa.gov/Exel ZyP DE.cgi?Dockey-PI00YG52.pdf. 2pPA provides updated information regarding non attainment areas at this website: https:// www.epa.gov/green-book/green-book-lead-2008- area- information. containing compounds into the air, contributing to lead air pollution in the environment. As explained in Section II.A of this document, once emitted from covered aircraft, lead may be transported and distributed to other environmental media, and present the potential for human exposure through air and non-air pathways before the lead is removed to deeper soils or waterbody sediments. In reaching this proposed finding, the Administrator takes into consideration different air quality scenarios in which emissions of the lead air pollutant from engines in covered aircraft may cause or contribute to lead air pollution. Among these considerations, he places weight on the fact that current lead emissions from covered aircraft arc an important source of air-related lead in the environment and that engine emissions of lead from covered aircraft are the largest single source of lead to air in the U.S. in recent years. In this regard, he notes that these emissions contributed over 50 percent of lead emissions to air starting in 2008, when approximately 560 tons of lead was emitted by engines in covered aircraft, and more recently, in 2017, when approximately 470 tons oflead was emitted by engines in covered aircraft.209 209 The lead inventories for 2008, 2011 and 2014 are provided in the U.S. EPA (2018b) Report on the Environment Exhibit 2. Anthropogenic lead emissions in the U.S. Available at https:// cfpuh.epa.gov/roe/indicatorcfin?i= 13#2. The lead inventories for 2017 are available at https:// 62779 Additionally, he takes into account the fact that in some situations lead emissions from covered aircraft have contributed and may continue to contribute to air quality that exceeds the lead NAAQS. The NAAQS are standards that have been set to protect public health, including the health of sensitive groups, with an adequate margin of safety, and to protect public welfare from any known or anticipated adverse effects associated with the presence of the pollutant in the ambient air. for example, the EPA's monitoring data show that lead concentrations at two airports, McClellan-Palomar and San Carlos, violated the lead NAAQS. The EPA's model- extrapolated estimates of lead also indicate that some U.S. airports may have air lead concentrations above the NAAQS in the area of maximum impact from operation of covered aircraft,20 Given that the lead NAAQS are established to protect public health and welfare, contributions to concentrations that exceed the lead NAAQS are of particular concern to the Administrator and add support for the proposed conclusion that lead emissions from engines in covered aircraft cause or contribute to the endangering air pollution. The Administrator is also concerned about the likelihood for these emissions to continue to be an important source of air-related lead in the environment in the future, if uncontrolled. While recognizing that national consumption of leaded avgas is forecast to decrease slightly from 2026 to 2041 commensurate with overall piston- engine aircraft activity, the Administrator also notes that these changes are not expected to occur uniformly across the U.S. For example, he takes note of the FAA forecasts for airport-specific aircraft activity out to 2045 that project decreases in activity by general aviation at some airports, while projecting increases at other airports. Although there is some uncertainty in these projections, they indicate that lead emissions from covered aircraft may increase at some airports in the future. Thus, even assuming that consumption of leaded av gas and general aviation activity decrease somewhat overall, as projected, the Administrator anticipates that current concerns about these sources of air-related lead will continue into the future, without controls. Accordingly, the Administrator is considering both current levels of emissions and anticipated future levels of emissions from covered aircraft. In doing so, the Administrator is proposing to find that current levels cause or contribute to pollution that may reasonably be anticipated to endanger public health and welfare. He www.epa.gowair-emissions-inventories/2017- national- emissions-inventory-nei-data#dataq. 110 EPA (2020) Model-extrapolated Estimates of Airbome Lead Concentrations at U.S. Airports Table 7. EPA-420-R-20-003, 2020. Available at https://epis.epa.gov/Exe/ZyPDE.cgi?Dockey- P100YG52.pdf. I Register/Vol. 87, No. 199/Monday, October 17, 2022/Proposed Rules also is laking into consideration the reasonably anticipated to endanger public projections that some airports may see health and welfare. Accordingly, this action increases in activity while others see affords no opportunity for the EPA to fashion decreases, as well as the uncertainties in these for small entities less burdensome compliance predictions. The Administrator therefore or reporting requirements or timetables or considers all this information and data exemptions from all or part of the proposal. collectively to inform his judgment on whether lead emissions from covered aircraft D. Unfunded Mandates Reform Act cause or contribute to endangering air (UMRA) pollution. This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531--1538 and does not significantly or uniquely affect small governments. The acrlon imposes no enforceable duty on any state, local or Tribal governments or the private sector. Accordingly, for all the reasons described, the Administrator proposes to conclude that emissions of the lead air pollutant from engines in covered aircraft cause or contribute lo the lead air pollution that may reasonably be anticipated to endanger public health and welfare. 62780 VI. Statutory Authority and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www2.epa.gov/laws- regulations/laws- and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 135 63: Improving Regulation and Regulatory Review This action is a "significant regulatory action" because of the cross-agency nature of this issue. Accordingly, it was submitted to the Office of Management and Budget (0MB) for review under Executive Order 12866. This action proposes a finding that emissions of the lead air pollutant from engines in covered aircraft cause or contribute to the lead air pollution that may be reasonably anticipated to endanger public health and welfare. Any changes made in response to 0MB recommendations have been documented in the docket. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA. The proposed endangerment and cause or contribute findings under CAA section 231(a)2)A) do not contain any information collection activities. C. Regulatory Flexibility Act (REA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. The proposed endangerment and cause or contribute findings under CAA section 231 (a)(2)(A) do not in-and- of- themselves impose any new requirements but rather set forth thc Administrator's proposed finding that emissions of the lead air pollutant from engines in covered aircraft cause or contribute to lead air pollution that may be F e d e r al R e gi ste r/Vol . 87, No. 199/Monday, October 17, 2022/Proposed Rules 62781 E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action docs not have Tribal implications as specified in Executive Order 13175. Th e proposed endangerment and cause or contribute findings under CAA section 231(a)(2)(A) do not in-and-of-themselves impose any new requirements but rather set forth the Administrator's proposed findmg that emissions of the lead air pollutant from engines in covered aircraft cause or contribute to lead air pollution that may be reasonably anticipated to endanger public health and welfare. Thus, Executive Order 13175 does not apply to this action. Tribes have previously submitted comments to the EPA noting their concerns regarding potential impacts of lead emitted by piston- engine aircraft operating on leaded av gas at airports on, and near, their Reservation Land."The EPA plans to continue engaging with Tribal stakeholders on this issue and will offer a government-to-government consultation upon request. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets E.O. 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5--501 of the E.O. has the potential to influence the regulation. This . action is not subject to E.O, 13045 because it does not propose to establish an environmental standard intended to mitigate health or safety risks. Although the Administrator considered health and safety risks as part of the proposed endangerment and cause or contribute findings under CAA "see Docket ID Number EPA--HQ-OAR-2006- 0735. The Tribes that submitte d comments were: The Bad River Band of Lake Superior Tribe of Chippewa Indians, The Quapaw Tribe of Oklahoma, The Leech Lake Band of Ojibwe, The Lone Pine Paiute-Shoshone Reservation, The Fond du Lac Band of Lake Superior Chippewa, and The Mille Lacs Band of Ojibwe. section 231 (a)(2)(A), the proposed findings themselves, if finalized, would not impose a standard intended to mitigate those risks. While this action is not subject to Executive Order 13045 in this scenario, the Agency's Policy on Children's Health?' still applies. The Administrator considered lead exposure risks to children as part of this proposed endangerment finding under CAA section 231(a)2)A). This action's discussion of the impacts of lead exposure on public health and welfare is found in Section IV of this document, and specific discussion with regard to children are contained in Supplemental Information Section C, as well as Sections II.A.5, and IV of this document. A copy of the documents pertaining to the impacts on children's health from emissions of lead from piston-engine aircraft that the EPA references in this action have been placed 111 the public docket for this action (Docket EPA--HQ-- OAR-2022-0389). H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use This action is not a "significant energy action" because it is not likely to have a significant ad verse effect on the supply, distribution or use of energy. Further, we have concluded that this action is not likely to have any adverse energy effects because the proposed endangerment and cause or contribute findings under section 23 l(a)(2)(A) do not in-and-of themselves impose any new requirements but rather set forth the Administrator's proposed finding that emissions of the lead air pollutant from engines in covered aircraft cause or contribute to lead air pollution that may be reasonably anticipated to endanger public health and welfare. I. National Technology Transfer and Advancement ct (NTTAA) This action does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low- Income Populations The EPA believes this action will not have potentially disproportionately high and adverse human health or environmental effects on people of color, low-income, or indigenous populations because this action does not affect the level of protection provided to human health or the environment. The Administrator considered the potential for lead exposure risks to people of color, low-income, and indigenous populations as part of this proposed endangerment finding under CAA section 23 l(a)(2)(A). This action's discussion of lead exposure impacts on public health and welfare is found in Section IV of this document. Specific discussion focused on environmental justice with regard to people of color, low-income, and indigenous populations are found in Supplemental Information Section D, as well as Sections II.A.5, and Section IV of this document. A copy of the documents pertaining to the EPA's analysis of potential environmental justice concerns related to this action have been placed in the public docket for this action (Docket EPA--HQ-OAR-2022--0389). K. Determination Under Section 307(d) Section 307(d)(l)(V) of the CAA provides that the provisions of section 307(d) apply to "such other actions as the administrator may determine." Pursuant to section 307(d)(l)(V), the Administrator determines that this action is subject to the provisions of section 307(d). VII. Statutory Provisions and Legal Authority Statutory authority for this action comes from 42 U.S.C. 7571, 7601 and 7607. List of Subjects 40 CFR Parts 87 and 1031 Environmental protection, Air pollution control, Aircraft, Aircraft engines. 40 CFR Part 1068 a1 EPA (2021) EPA Policy on Children's Health. Available at https://www.epa.gov/system/files/ documents/2021-10/2021-policy-on-childrens- health.pdf. F e d e r a l R e g is t e r /V o l. 87, No. 199/Monday, October 17, 2022/Proposed Rules 62782 Environmental protection, Administrative practice and procedure, Confidential business information, Imports, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements, Warranties. M ich a el S. Regan, Administrator. [FR Doc. 2022-22223 Filed 10-14-22; 8:4 5 am] BIL.LING CODE 6560-50-P FAA APPROVED MODEL LIST (AML ) NO. SE0I966WI general Aviation 01o difictions, /. USE OF GAMI G 1 00UL HIGH OCTANE UNLEADED AV GAS IN SPARK IGNITION PISTON AIRCRAFT ENGINES Add tfe following approved fuel .: Unle aded avia tion gasoline per AM I Specific ation $100UL-12C-2, or ater FAA Accepted revisio n Comingling is approv ed wit~ ST gasoline and other gasolines wit 100M0N or less, including Mo9as, where those gasoline s are also approved for tfe same make an CITY COMMISSION EXHIBIT B Cert Basis I Master Data List Initial Item Engine Make Engine Model TCDS Approval Amendment Amendment Document Revision* I FAA No. Approved Date Date Date 1 Aeronca Aircraft E-113, A,B, C Not listed in ATC71 06-9920000 Rev B, 2/28/2022 NIA 91112022 Corporation the TCDS Areonca 2 Aeronca Aircraft E-107A Not listed in Group 2 06-9920000 Rev B, 2/2812022 NIA 91112022 Corporation theTCDS Aeronca 3 Air Repair, Inc. W670-6A (R-670-3, -5), -6N (R-670-4), -16 (R- Aero Bull. 7-A, E-162 06-9920000 Rev A, 9/29/2021 NIA 10/28/2021 670-8,-11, -1 IA), -23, -24,-K, -M CAR13 4 Air Repair, Inc. R-755S, -755SM FARPart33 ElSW 06-9920000 Rev A, 9/29/2021 NIA 10/2812021 5 Air Repair, Inc. R-755Al,A2,A2M,A2Ml, Bl, B2, B2M, E CAR13 E-237 06-9920000 Rev A, 9D29/2021 NIA 1012812021 6 Air Repair, Inc. L-4, -4M, -4MA, -4MA7, -4MB; Not listed in TC 121 06-9920000 Rev A, 9D29/2021 NIA 1012812021 Military R-755-9 theTCDS 7 Air Repair, Inc. L-5, -5M, -5MB Not listed in TC 156 06-9920000 Rev A, 9D29/2021 NIA 10/28/2021 theTCDS 8 Air Repair, Inc. L-6, -6M, -6MA, -6MB, -6 MB A, -6MN; Not listed in TC 195 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 Military R-915-3, -5,-7 theTCDS 9 Aircooled Motors, Inc. Fr ankli n 6V6-245-B16F (0-425-1) Not listed in E-258 06-9920000 Rev A, 9D29/2021 NIA 1012812021 theTCDS 502/54, 6A, 7A, 8; 503/5A, 6A, 7A, 8; 10 Alvis Limited 504/5A4, 6A, 7A, 8; CAR 10 E-299 06-9920000 Rev B, 2/28/2022 NIA 9/1/2022 51415, SA, 6, 6A, 7, 7A, 8, 8A; 531/8, 8B; American Cirrus Hi-Drive Mark III Not listed in ATC60 06-9920000 Rev B, 2/28/2022 NIA 911/2022 11 Engines, Inc. theTCDS Arrow Aircraft & V-8Model F Not listed in ATC 151 06-9920000 Rev B, 2/2812022 NIA 91112022 12 Motor Corp. theTCDS Arrow M Grade 10CL£ aviation d model engi nes. O r later FA A A pproved re vision T he approved engine operating pow er settings for engi nes dera te d (fr om 1I5/145 avgas) fo r opera tion on 100/130 or IO 0L L, do not change fo r ope ration on G lO 0U L A vgas. Page I of 17 FAA APPROVE D MODEL LIST (AML ) NO. SE01966WI General Aviation 1gdifications, /. USE OF GAMI GI OOUL HIGH OCTANE UNLEADED AV GAS IN SPARK IGNITION PISTON AIRCRAFT ENGINES Add tfe following approved fuel : Unle aded avia tion gasoline per MI Specification $100UL-12C-2, or ater FAA Accepted revision. Comingling is approved wit SIM Grade 100£L aviation gasoline and other gasolines wit 100M09 or fess, including Mo~as, wfere those gasolines are also approved for tfe same make an 13 BMW Triebwerkbau GO-480-BIA6 CAR 10 7El 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 GmbH. 14 Bristol Siddeley Gipsy Not listed in Group 3 06-9920000 Rev B, 2/28/2022 NIA 5/5/2022 Engines, Ltd. theTCDS Bristol 15 BRP-Rotax GmbH & 912 F2, F3, F4, S2, S3, S4; FARPart33 E00051EN 06-9920000 Rev B, 2/28/2022 NIA 911/2022 Co KG 915 iSc2 C24, iSc3 C24 16 BRP-Rotax GmbH & 914 F2, F3, F4 FAR Part 33 E00058NE 06-9920000 Rev B, 2/2812022 NIA 911/2022 CoKG 17 Comet Engine 7-E Not listed in ATC47 06-9920000 Rev B, 228/2022 NIA 9/1/2022 Corporation theTCDS 18 Continental IO-470-G, -R CAR 13 3El 06-9920000 Rev A, 9/29/2021 NIA 10/28/2021 19 Continental A-50-1,-2,-3,-4,-4J,-5,-5J, -6, -6J,- CAR 13 E-190 06-9920000 Rev A, 9/29/2021 NIA 10/28/2021 7,-7J,-8,-8J, -9,-9J 20 Continental I0-360-B, -AF CAR 13,FAR EICE 06-9920000 Rev A, 9/29/2021 NIA 1012812021 Part 33 Cert Basis I Master Data List Initial Amendment Item Engine Make Engine Model TCDS Document Revision* I FAA Approval Amendment No. Approved Date Date Date 21 Continental I0-360-A, -C, -D,-E, -G, -H, -J, -K, -AB, -CB, - CAR 13,FAR ElCE 06-9920000 Rev B, 2/28/2022 NIA 9/1/2022 DB, -GB, -HB, -JB, -KB, -ES Part 33 A-65-1,-3,-6, -6J, -7, -8 (O-170-3, -7), -8F, -8FJ, 22 Continental -8J, -9 (O-170-5), -9F, -9FJ, -9J, -12, -12F, -12FJ,- CAR13 E-205 06-9920000 Rev A, 9/D29/2021 NIA 10/28/2021 12J, -14,-14F, -14FJ, -14J 23 Continental A75-3, -6, -6J, -8, -8F, -8J, -8FJ, -9,-9J TC 213 E-213 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 C75-8, -8F, -8FH, -8FHJ, -8FJ, -8J, -12, -12B, - 12BF, -12BFH, -12F, -12FH, -12FHJ, -12FJ, -12J, - 24 Continental 15,-15F; CAR13 E-233 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 C85-8, -8F, -8FI, -8FHJ, -8J, -12, -12F, -12FH, - 12FHJ, -12FJ, -12J, -14F, -15, -15F 25 Continental C-115-1,-2; C-125- CARI3 E-236 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 1,-2 26 Continental A100-1,-2 CAR13 06-9920000 Rev A, 9/29/2021 NIA 10/28/2021 27 Continental R9-A CAR13 E-241 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 E-245 E165-2, -3, -4; 28 Continental E185-1, -2, -3 (Military O-470-7,-7A), -5,-8, -9 CAR 13 E-246 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 (Military O-470-7B), -10,-11 Or later FAA Approved revision The approved engine operating power settings for engines derated (from 115/145 avgas) for operation on 100/130 or 100LL, do not change for operation on GlO0ULAvgas. Page2 ofl7 FAA APPROVED MODEL LIST (AML) NO. SE0I966WI General Aviation 01edifications, 'nE. USE OF GAMI G 1 0OUL HIGH OCTANE UNLEADED AV GAS IN SPARK IGNITION PISTON AIRCRAFT ENGINES Add the following appr oved fuef : Unle ade d avia tion gasoline per ~MI Specific ation Q100UL-12C-2, or eater EA Accepted revisio n. Comingl ing is approved witf STM Grade 100LL avia tion gasoline and otfer gasolines wi th 100M0N or less, including Moas, where tfose gasolines are also approved for the same make an C90-8F, -8FJ, -12F, -12FJ, -12FH, -12FP, -14F, CAR 13,FAR 29 Continental -I4FH, -I4FJ, -16F; E-252 06-9920000 Rev A, 9/2912021 NIA 10128/2021 O-200-A, -B, -C, -D, -X Part 33 30 Continental C145-2, -2H, -2HP; 0-300-A, CAR 13 E-253 06-9920000 Rev A, 929/2021 NIA 10128/2021 -B,-C,-D,-E 31 Continental E225-2, -4,-8, -9 CAR13 E-267 06-9920000 Rev A, 9/29/2021 N/A 10128/2021 32 Continental O-470-4, -11, -11B, -11B-CI, -1I-CI, -13,-13A, CAR13 E-269 06-9920000 Rev A, 9/2912021 NIA 10/28/2021 -15 O-470-A, -B, -B-CI, -E, -G, -G-CI, -H, -J, -K-CI, 33 Continental -K, -L-CI, -L, -M, -M-CI, -N, -P, -R, -S, -T,-U; IO- CAR 13 E-273 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 470-A, -C 34 Continental FSO-470-A CAR 13 06-9920000 Rev A, 9/2912021 NIA 10/28/2021 35 Continental GO-300-A, -B, -C, -D, -E, -F CARl3 kl 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 E-298 36 Continental IO-346-A, -B CAR 13 E3CE 06-9920000 Rev A, 9/2912021 NIA 10128/2021 37 Continental RR 0-300-A, -B, -C, -D CARl0 E4IN 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 38 Continental W-670K-1, M-I Not listed in TC 168 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 theTCDS 1O470-D, -E, -F, -H, -J, -K,-L, -LO, -M, -N, 39 Continental -P,-S, -T,-U, -V, -VO; L/IO-470-A CAR13 3El 06-9920000 Rev B, 2/28/2022 NIA 51512022 40 Continental TSIO-470-B, -C, -D CAR13 3E3 06-9920000 Rev B, 2/28/2022 NIA 91112022 41 Continental 6-320-B FAR Part 33 EISO 06-9920000 Rev B, 228/2022 NIA 9/1/2022 42 Continental 6-260-A FAR Part 33 EllCE 06-9920000 Rev B, 2/28/2022 NIA 9/1/2022 . - . Cert Basis I Master Data List Initial Amendment Item Engine Make Engine Model Amendment TCDS Document Revision I FAA Approval Date No. Approved Date Date 43 Continental RR O-240-A FARPart2l EllEU 06-9920000 Rev B, 228/2022 NIA 9/112022 44 Continental 6-285-A, -B, -BA, -C, -CA FARPart33 El2CE 06-9920000 Rev B, 2/28/2022 NIA 911/2022 45 Continental 1O-370-CIF, -CL, -CM, -D3A, -DA3A CFRPart33 E00056SE 06-9920000 Rev B, 228/2022 NIA 9/1/2022 46 Continental 0-470-T, -U CAR 13 06-9920000 Rev B, 2/28/2022 NIA 5/5/2022 47 Continental O-470-2 CARl3 E-273 06-9920000 Rev B, 228/2022 NIA 9/1/2022 E-281 48 Continental GSO-526-A CAR13 E-303 06-9920000 Rev B, 228/2022 NIA 9/1/2022 49 Continental GIO-470-A CAR13 E2CE 06-9920000 Rev B, 2/28/2022 N/A 91112022 50 Continental I0-550-A,-B, -C, -D,-E, -F, -G, -L,-N,-P, -R; FAR Part33 E3SO 06-9920000 Rev B, 2/28/2022 NIA 91112022 1OF-550-B, -C, -D,-E, -F, -L, -N, -P, -R 51 Continental TS1OL-550-A, -B, -C FARPart33 E4SO 06-9920000 Rev B, 228/2022 NIA 91112022 d model engines. Or later FAA Approved revision The approved engine operating power settings for engines derated (fro m 115/145 avgas) for operation on 100/130 or 100LL, do not change for operation on GI00ULAvgas. Page3 ofl7 FAA AP P R O V E D M O D E L LI S T (A M L ) N O . S E 0 1 9 6 6 W I G en e r a l A vi a t i o n 01e d ifi c a t i o n s , /n e . USE OF GAMI Gl00UL HIGH OCTANE UNLEADED AVGAS IN SPARK IGNITION PISTON AIRCRAFT ENGINES Add tRe following approved fuel: Unle aded avia tion gasoline per $AMI Specification 100UL-12C-2, or ater EA Accepted revisio n Comingling is approved with $TM grade 100££ aviation gasoline and other gasolines with 100M0N or less, including Mo9as, were those gasolines are also approved for tfe same make an 52 Continental TSIO-550-A, -B, -C, -E, -G, -J, -K, -N; TSIOF- FAR Part 33 E5SO 06-9920000 Rev B, 2/28/2022 NIA 911/2022 550-D, -J, -K, -P 53 Continental GTS1O-520-C, -D, -E, -F, -H, -K, -L, -M, -N CAR13,FAR E7CE 06-9920000 Rev B, 2/28/2022 NIA 9/1/2022 Part 33 54 Continental IO-240-A, -B; 1OF-240-B FARPart33 E7SO 06-9920000 Rev B, 2/2812022 NIA 91112022 TS1O-520-A, -AE, -AF, -B, -BB, -BE, -C, -CE, -D, 55 Continental -DB, -E, -EB, -G, -H, -J, -JB , -K, -KB, -L, -LB, -M, CAR13 E8CE 06-9920000 Rev B, 2/28/2022 NIA 911/2022 -N, -NB, -P, -R, -T, -U, -UB, -VB, -WB; LTSIO- 520-AE TSIO-360-A, -AB, -B, -BB , -C, -CB, -D, -DB, 56 Continental -E, -EB, -F, -FB, -G, -GB, -H, -HB, -JB, FARPart33 E9CE 06-9920000 Rev B, 2/28/2022 NIA 91112022 -KB, -LB, -MB, -NB, -PB, -RB, -SB; LTSIO-360-E, -EB, -KB, -RB; 10-520-A, -B, -BA, -BB, -C, -CB, -D, -E, -F, CAR 13, FAR 57 Continental Motors Inc -J,-K,-L, -M , -MB, -N, -NB, -P; LIO-520- E5CE 06-9920000 Rev B, 2/28/2022 NIA 911/2022 p Part 33 58 Continental Motors Inc A-80-5J, -8, -8J, -9,-9J Not listed in TC217 06-9920000 Rev B, 2/28/2022 NIA 91112022 theTCDS 59 Continental Motors Inc A-40, -2,-3,-4 Not listed in ATC72 06-9920000 Rev B, 2/28/2022 NIA 911/2022 the TCDS Teledyne 60 Continental Motors Inc R-670-B,-D, -F, -H Not listed in ATC 120 06-9920000 Rev A, 9/29/2021 NIA 10/28/2021 theTCDS 61 Continental Motors Inc A-40-5 Not listed in ATC 174 06-9920000 Rev A, 9/29/2021 NIA 10/28/2021 theTCDS 62 Continental Motors Inc A-70, -2 Not listed in ATC32 06-9920000 Rev A, 9D29/2021 NIA 10/28/2021 theTCDS 63 Continental Motors Inc R-670, -A, -C, -E, -G Not listed in ATC80 06-9920000 Rev A, 9D29/2021 NIA 10128/2021 theTCDS Master Data Lis: Initial Item Engine Make Engine Model Cert Basis I TCDS Approval Amendment Amendment Document Revision* I FAA Date Date No. Approved Date Cyclone 702C9GCI, 2,3,4,5, 6 (GR-1820G- 202A, Military R-1820-60, -71); Cyclone 704C9GC1, 2, 3, 4, 5 (GR-1820G-205A, Not listed in 64 Curtiss- Wright Military R-1820-87, -95); theTCDS E-219 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 Cyclone 728C9GC1, 2, 3,4,5, 6; Cyclone 730C9GD1, 2, 3,4,5,6; Cyclone 731C9GCI, 2 Or later FAA Approved revision The approved engine operating power settings for engines derated (from I5/145 avgas) for operation on 100/130 or IO0LL, do not change for operation on GI00ULAvgas. Page 4 of 17 FAA AP P R O V E D M O D E L L I S T (A M L ) N O . S E 0 1 9 6 6 W I C e n e e a l Aviation 0todifiearions, 'e. USE OF GAMI G IO0UL HIGH OCTANE UNLEADED AV GAS IN SPARK IGNITION PISTON AIRCRAFT ENGINES Add tfe following appr oved fu el : Unleaded aviation gasoline per $MI Specification S100UL-12C-2, or ater EA Accepted revision Com ing ling is approved with $TM grade 100.£ aviation gasoline and other gasolines wit 100M09 or less, including Mo~as, wfere those gasolines are also appr oved for tfe same make an 65 Curtiss-Wright Cyclone 957C7BA1 Not listed in E-261 06-9920000 Rev A, 9/2912021 NIA 1012812021 theTCDS 66 Curtiss-Wright Cyclone 990C7BA 1 Not listed in E-289 06-9920000 Rev A, 9/29/2021 NIA 10128/2021 theTCDS Cyclone 95SC9HE1, 2; Cyclone 959C9HE1, 2; Cyclone 960C9HE1, 2; Cyclone 961C9HE1, 2; Cyclone 962C9HE1, 2; Not listed in 67 Curtiss-Wright Cyclone 963C9HE1, 2; E-259 06-9920000 Rev B, 2/28/2022 NIA 911/2022 Cyclone 967C9HE2; theTCDS Cyclone 968C9HE1, 2 (Military R-1820-80); Cyclone969C9HE1, 2; Cyclone 982C9HE1, 2, 3; Cyclone 989C9HE1, 2 (Military R-1820-82, -82B) 68 Curtiss-Wright Double Row Cyclone 956Cl8CA1, 975Cl8CBI Not listed in E-270 06-9920000 Rev B, 2/28/2022 NIA 9/1/2022 theTCDS 69 Curtiss-Wright Double Row Turbo Cyclone 972TC18DA1 Not listed in E-272 06-9920000 Rev B, 2/2812022 NIA 91112022 (Military R-3350-34, -91), 2, 3, 4 the TCDS Double Row Turbo Cyclone 981 TC18EAI; Not listed in 70 Curtiss-Wright Double Row Turbo Cyclone 988TC18EA1, 2, 3, theTCDS E-287 06-9920000 Rev B, 2/28/2022 NIA 9/1/2022 4,5, 6 Double Row Cyclone 739Cl8BA3; Not listed in 71 Curtiss-Wright Double Row Cyclone 745C18BA3, 4; theTCDS E-218 06-9920000 Rev B, 2/28/2022 NIA 91112022 Double Row Cyclone 749C18BD1, 3 Cyclone 736C9HD1, 2,3,4; Cyclone 737C9HD1, 2, 3, 4; Curtiss-Wright Cyclone 740C9HD1, 2; Not listed in E-243 06-9920000 Rev B, 2/28/2022 N/A 51512022 72 Cyclone 977C9HDI, 2, 3; theTCDS Cyclone 989C9HD1; Cyclone 987C9HD1 Curtiss-Wright Cyclone 742Cl4BB1, 2, 3 Not listed in E-248 06-9920000 Rev B, 2/2812022 NIA 9/112022 73 theTCDS Or later FAA Approved revision Th e appro ved en gin e opera tin g pow er settin gs for engin es dera ted (fr om 115/145 avgas ) for operation on 100/130 or 100LL, do not change for operation on GI00ULAvgas. Page 5 of17 ( I gxr+ 9 sere City of Pembroke Pines, FL Agenda Request Form Agenda Number: 601 City Center Way Pembroke Pines, FL 33025 www.ppines.com File ID: 2023-R-25 Version: Type: Resolution Agenda Section: Short Title: Urging BC to fund N. Perry Airport Implement/Produce Findings of a Study Status: Passed In Control: City Commission File Created: 07/24/2023 Final Action: 08/16/2023 Title: MOTION TO ADOPT PROPOSED RESOLUTION NO 2023-R-25. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA, STRONGLY URGING BROWARD COUNTY AS THE OWNER AND MANAGER OF NORTH PERRY AIRPORT TO FUND, IMPLEMENT, AND PRODUCE THE FINDINGS OF A STUDY TO ASSESS THE LEAD CONCENTRATION LEVELS IN AND AROUND THE AIRPORT AND W ITHIN THE SURROUNDING RESIDENTIAL COMMUNITY; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Agenda Date: 08/16/2023 Agenda Number: Internal Notes: Enactment Date: 08/16/2023 Enactment Number: 3830 Attachments: 1. 2023-Resolution - North Perry Airport Community Advisory Committee (w-e... Indexos: Related Files: City Commission 08/16/2023 adopt Pass Action Text: An amended motion was made by Commissioner Good, Jr., seconded by Commissioner Schwartz, to adopt Proposed Resolution 2023-R-25 to urge Broward County to fund, implement and produce the findings and recommendations of a comprehensive study of lead concentration levels in the air and other particular matter present in and around North Perry Airport and within the surrounding residential community. The motion carried by the following vote: Aye:- 4 Vice Mayor Siple, Commissioner Schwartz, Commissioner Good Jr., and Commissioner Castillo Nay:.- 0 Absent: - Mayor Ortis City Commission 08/16/2023 amend Pass City of Pembroke Pines, FL Page 1 Printed on 8/17/2023 Agenda Request Form Continued(2023-R-25) Action Text: An motion was made by Commissioner Schwartz, seconded by Commissioner Good Jr., to adopt the motion as amended for Proposed Resolution 2023-R-25. The motion carried by the following vote: Aye:- 4 Vice Mayor Siple, Commissioner Schwartz, Commissioner Good Jr., and Commissioner Castillo Nay:- 0 Absent:- 1 Mayor Ortis SUMMARY EXPLANATION AND BACKGROUND: 1. The North Perry Airport is a general aviation airport located entirely within the City of Pembroke Pines that is owned and managed by Broward County. 2. The North Perry Airport provides in its Airport Master Record filed with the Federal Aviation Administration on June 15, 2023 that there are 411 single and multiengine aircrafts based at the airport; and 195,192 total aircraft operations were reported by the Airport in Fiscal Year 2021. 3. The Environmental Protection Agency has cited piston engine aircrafts operating on leaded fuel as the largest remaining aggregate source of lead emissions to air in the United States; and the types of planes operating at the North Perry Airport are of the kind that are usually fueled by leaded gasoline; and there is broad scientific consensus on the lasting, damaging effects of lead exposure on all people, but considerably children; and the American Academy of Pediatrics has provided that lead toxicity results in substantial population-level effects on children's intellectual abilities, academic abilities, problem behaviors, and birth weight. 4. The North Perry Airport is abutted by residential and commercial uses on all four sides; and the North Perry Airport offers leaded and unleaded fuel to aircraft operators on a daily basis. 5.The approval of this resolution by City Commission strongly urges Broward County to fund, implement, and produce the findings of a comprehensive study of the air pollution levels, including lead concentration levels, present in and around the North Perry Airport and within the surrounding residential community. Item has been reviewed by the Commission Auditor and approved for the Agenda. FINANCIAL IMPACT DETAIL: a) Initial Cost: None b) Amount budgeted for this item in Account No: N/A c) Source of funding for difference, if not fully budgeted: N/A d) 5 year projection of the operational cost of the project N/A Current FY Year2 Year 3 Year4 Year 5 City of Pembroke Pines, FL Page 2 Printed on 8/17/2023 g onda R eq uest Form C onti nu ed (2 o23-R -25] Revenues Expenditures Net Cost e) Detail of additional staff requirements: N/A FEASIBILITY REVIEW: A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determ ine the financial effectiveness of function sourcing serv ices. a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? N/A b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? N/A City of Pembroke Pines, FL Page 3 Printed on 8/17/2023