Regulatory Development and Retrospective Review Tracker

Proposed Greenhouse Gas Endangerment and Cause or Contribute Findings Under CAA Section 231for Aircraft, and ANPRM on the International Process for Reducing Aircraft GHGs and Future Standards

a.k.a. GHG Endangerment Findings for Aircraft

RIN: 2060-AS31 (What's this?)

Docket No.: Not yet available (What's this?)

Current Phase: Proposal (What's this?)

This rulemaking responds to a petition the EPA received in December 2007 which requested that the EPA make an endangerment finding for aircraft GHGs and regulate these emissions under Section 231 of the Clean Air Act (CAA). Petitioner filed a lawsuit in 2010 on this matter, and the D.C.

District Court in 2012 ruled that the CAA required the EPA to make a final determination on whether aircraft GHG emissions cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare. The EPA issued its proposed findings on July 1, 2015 (80 FR 37757). The aircraft GHG endangerment finding proposal relied on previous peer-reviewed science from the major climate change science assessments of the U.S. Global Change Research Program (USGCRP), National Research Council (NRC), and the Intergovernmental Panel on Climate Change (IPCC) underlying the 2009 Section 202 CAA endangerment and cause or contribute finding, along with updated reports from the same major climate change assessments. Concurrent with these proposed findings, EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) to provide an overview of the International Civil Aviation Organization's (ICAO) efforts to reduce greenhouse gas emissions. The ANPRM included a discussion of ICAO's progress in establishing global aircraft standards that achieve meaningful CO2 reductions and, if the EPA finds that aircraft GHG emissions do cause or contribute to endangering air pollution, the potential use of Section 231 to implement these standards domestically ensuring transparency and the opportunity for public comment.

ANPRM: Sent to OMB for Regulatory Review02/27/2015
NPRM: Sent to OMB for Regulatory Review02/27/2015
NPRM: Received by OMB03/02/2015
ANPRM: Received by OMB03/02/2015
NPRM: Regulatory Review Concluded06/09/2015
ANPRM: Regulatory Review Concluded06/09/2015
NPRM: Published in FR07/01/2015
ANPRM: Published in FR07/01/2015
ANPRM: Comment Period Open07/01/2015
NPRM: Comment Period Open07/01/2015
NPRM: Public Meeting08/11/2015
ANPRM: Comment Period Closed08/31/2015
NPRM: Comment Period Closed08/31/2015
Final Rule: Sent to OMB for Regulatory Review05/05/2016
Final Rule: Received by OMB05/06/2016
Final Rule: Published in FR07/2016 (projected)

Potential Effects

Federal Government - other agencies
Likely to be involved in the implementation of this rule.

International Effects
This rulemaking is expected to have international trade and investment effects, or otherwise may be of interest to our international trading partners.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • ANPRM - This stage of the rulemaking underwent review.
  • NPRM - This stage of the rulemaking underwent review.
  • Final Rule - This stage of the rulemaking underwent review.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 80

Legal Authority
42 U.S.C. 7401 et seq. Clean Air Act