By: Barbara Lichman, PhD
The Santa Monica Airport Commission has recently made a proposal to limit access of certain aircraft to Santa Monica Airport by limiting emissions allowable from those aircraft. The proposal may be public spirited in its intent, but shocking in its naiveté with respect to the preemptive authority of federal law and specifically the federal authority over emissions from aircraft engines.
The Administrator of the Environmental Protection Agency (“EPA”) is granted by Congress exclusive jurisdiction over the creation and enforcement of regulations governing emissions from aircraft engines. “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 and welfare.” 42 U.S.C. § 7571(a)(2)(A) and (a)(3). There are, however, some limits on EPA’s authority.
The principal constraint on the EPA’s authority is the requirement that it consult with the Federal Aviation Administration (“FAA”), 42 U.S.C. § 7571(a)(2)(B)(i), [“Any regulation prescribed under this section (and any revision thereof) shall take effect after such period as the Administrator finds necessary (after consultation with the Secretary of Transportation) to permit the development and application of the requisite technology . . .,” 42 U.S.C. § 7571(b)]. Only the President of the United States has the authority to change or veto regulations promulgated by EPA, also after consultation with FAA. [“Any regulations . . . or amendments thereto, with respect to aircraft shall not apply if disapproved by the President, after notice and opportunity for public hearing, on the basis of a finding by the Secretary of Transportation that any such regulation would create a hazard to aircraft safety,” 42 U.S.C. § 7571(c)].
Finally, the law explicitly forecloses any action such as that proposed by the City of Santa Monica to adopt and enforce emissions regulations different from those established by the EPA. “No State or political subdivision thereof may adopt or attempt to enforce any standard respecting emissions of any air pollutant from any aircraft or engine thereof unless such standard is identical to a standard applicable to such aircraft under this part.” 42 U.S.C. § 7573. [Emphasis added.]
In summary, it is not necessary to go beyond the face of the statute to determine that the establishment and enforcement of regulations governing aircraft engines is wholly within the jurisdiction of the federal government. Therefore, any attempt by the City of Santa Monica to adopt or enforce different regulations requiring certain aircraft to create lower emissions that those established by the EPA, or sacrifice access to Santa Monica Airport, would be void from the outset. Given the above statutory and regulatory framework, the City of Santa Monica clearly needs to look further for a solution to its problems.