![]()
Photo of plane from Sen. Murkowski FacebookAlaskan senators are speaking out against the recent Environmental Protection Agency regulatory finding that lead from aviation fuel is endangering the public. The senators are attempting to block the EPA from establishing a procedure to regulate and remove lead from aviation gas, submitting a joint resolution to reverse the finding.
U.S. Senators Lisa Murkowski and Dan Sullivan introduced a Congressional Review Act resolution disapproving the recent FAA finding that would require regulatory action over the use of leaded avgas. The senators argue that this effort ignored Alaska's reliance on aviation and would harm the indigenous and rural communities in the state by potentially increasing fuel costs and impacting flight availability. With the unique geography across the state, air transport is a crucial resource for many communities.
"This effort by the EPA completely ignores Alaska's unique geography, our dependence on aviation in rural settings, and the realities of Alaska's aviation abilities," Sen. Murkowski said. "Our vast size and remote communities mean smaller, piston aircraft that use leaded avgas are often the only means of transportation for some Alaskans, and the only way to get food, building materials, and medical supplies. This EPA decision could have a deeply negative impact on the affordability and accessibility of fuel, availability of travel, and safety for Alaskans across the state—and it must be stopped,"
The Joint Resolution calls for disapproval of the EPA's ruling. The EPA released its final determination in October, stating that the lead from avgas was causing or contributing to air pollution that may be endangering public health and welfare under the Clean Air Act. The EPA is obligated under the Clean Air Act to propose new regulations and standards for lead emissions from some aircraft engines. With its own statutes in place, the FAA is also required to develop new standards to address the issue. While the finding does not ban or restrict the use, sale, distribution or availability of leaded fuel, this launches a multiyear, multistep process involving the FAA and EPA to remove lead from fuel and introduce alternatives.RELATED STORIES:EPA determines leaded fuel endangers public health, aviation coalition respondsParts of Washington State bill to ban 100LL eliminated after AOPA pushbackCalifornia county that banned 100LL to be first in FAA lead-free transitionGA public response to EPA on leaded fuelAOPA files FAA complaint against Santa Clara County's 100LL fuel ban
The EPA and other government agencies work closely with the FAA and other groups within the aviation industry to find environmentally sound alternatives to current or outdated technology. Initiatives like Eliminate Aviation Gasoline Lead Emissions or EAGLE, have spent years working on the goal of eliminating lead emissions from general aviation aircraft by the end of 2030. Industry groups like the AOPA and EAA have been vocal over the years as the airports, state or local governments, environmental groups and the federal government have tried imposing restrictions or changes relating to the use of avgas. The industry has not been opposed to the removal of lead from fuel but urges a collaborative transition to ensure safety and efficiency.
The industry has fought back when swift decisions ban the fuel or try to remove it from use too quickly. When Santa Clara County banned the sale of leaded gas at the County airports effective January 2022, the decision was challenged by FBOs and aviation organizations and the AOPA filed a formal complaint with the FAA over the ban. The complaint claimed that Santa Clara County officials violated federal rules and regulations by banning leaded fuel and ultimately, the airports were invited by the FAA to participate in the first-ever demonstration to evaluate the best practices to transition airports to unleaded fuel. With the agreement, the ongoing investigation into alleged grant violations at the Reid-Hillview Airport (RHV) and San Martin Airport (E16) was suspended. In February, a bill was introduced in Washington state, proposing phased restrictions on leaded gas and parts of the bill were eventually eliminated after strong pushback from the AOPA.
Often, the aviation industry is fighting back with government regulations to keep the transition away from leaded gas a collaborative process, removing the leaded fuel from use once there are safe, tested and approved alternatives for aircraft. Now, these senators are speaking out. With regulations anticipated for 2024, Murkowski and Sullivan are hoping to disapprove of the finding and prevent the anticipated regulations.
With the Congressional Review Act of 1996, Congress has the ability to overturn Administrative regulations. If the CRA Joint Resolution is approved by the House and Senate and signed by the President, the rule will not go into effect or continue. While the industry is not against the removal of lead, there is continual pushback from both sides. The Alaskan senators are urging Congress to rescind the regulation to protect the safety and critical form of transport used throughout the state, as well as other parts of the country.
"The EPA's finding stands to set off a devastating chain of events that could lead to supply chain disruptions and severe price hikes for Alaskans," Sen. Sullivan said. "Our aviation operators require the certainty of an affordable, widely available fuel that has been fully vetted for use in each and every aircraft in the state. As part of the FAA reauthorization, I've been working to provide this certainty for the availability of 100LL fuel at our airports and to require the executive branch to consider the affordability and availability of fuel as vital safety considerations when approving any regulation. I'm glad to introduce this legislation with Senator Murkowski today to rescind this misguided effort, and protect the safety of our airspace and continued service for Alaskans."