State Regulations and Programs Related to Lead.
State law restricts lead in various consumer products:
Other state programs related to lead in the environment include provisions related to the recycling of lead-acid vehicle batteries, certification programs for persons performing lead-based paint abatement, and programs to limit the presence of lead in drinking water.
Leaded Gasoline.
Under the federal Clean Air Act (FCAA), leaded motor vehicle gasoline was phased out between the 1970s and 1990s. In October 2022 the United States Environmental Protection Agency (EPA) proposed an endangerment determination under the FCAA that would identify emissions of lead that operate on leaded fuel as a contributor to air pollution in a manner that could endanger public health and welfare. This action was the first step in a regulatory process that could eventually lead to restrictions to lead in aviation gas under the FCAA. If the EPA finalizes its proposed endangerment finding, the EPA must then, under the FCAA, promulgate aircraft engine emission standards for lead, after undertaking a public process, and the Federal Aviation Administration (FAA) would be required to prescribe regulations to ensure compliance with these emissions standards, and to prescribe standards for aircraft fuel to control or eliminate lead emissions.
The FAA and industry partners have announced an Eliminate Aviation Gasoline Lead Emissions (EAGLE) initiative to eliminate the use of leaded aviation fuel by the end of 2030. Under the EAGLE initiative, the FAA has published recommendations related to short-term measures that airports may take to reduce or minimize potential exposures to aircraft lead emissions. However, the FAA policies also have the effect of requiring that airports continue to offer leaded aviation gas as a condition of grants made to federally obligated airports that receive such grants, unless the FAA approves a proposed restriction that is justified and not unreasonable or unjustly discriminatory. Under a 2018 federal budget proviso, the National Academies of Sciences, Engineering, and Medicine (NASEM) published a 2021 assessment of leaded aviation gasoline, including existing non-leaded fuel alternatives, ambient lead concentrations near airports where piston-powered general aviation aircraft are used, and mitigation measures to reduce ambient lead concentrations. The NASEM report included recommendations related to increasing the size of run-up areas used at general aviation airports, relocating run-up areas, and making other operational changes at airports to reduce lead exposures.
Department of Health Blood Lead Testing Guidance.
The Department of Health (DOH) recommends that healthcare providers screen children at 12 and 24 months of age to assess levels of lead in their blood, based on specified risk factors, including if a child lives in a house built before 1950, is known to have a sibling or frequent playmate with an elevated blood lead level, or has a parent or caregiver who works professionally or recreationally with lead. The DOH additionally recommends that healthcare providers consider blood lead testing on children per the healthcare provider's clinical judgment, based on factors including whether the child lives within a kilometer of an airport or lead emitting industry.
Lead Exposure Reduction Guidance and Plans.
The Department of Transportation (WSDOT), must carry out certain activities related to reducing emissions from leaded aviation gasoline used by piston-engine aircraft, including:
The Department of Health (DOH) must update its blood lead testing guidance for health care providers related to children living near airports at which aviation gasoline is used. The update must include children at risk of lead exposure due to airport operations among the high-risk populations broadly recommended for a blood lead test. The DOH must provide outreach to healthcare providers about the updated guidance.
A severability clause is included.
(In support) Lead is harmful to children. Lead has been phased out of most gasoline and many other products, but some aircraft continue to use leaded gasoline. Studies have shown elevated blood lead levels in populations living near airports with high volumes of airplanes that use leaded aviation gasoline. Aviation gasoline accounts for a significant portion of the airborne lead in King County. Airports are significant sources of lead. Areas near airports tend to be heavily burdened by a number of environmental harms, including noise pollution and other types of air pollution. The area surrounding King County International Airport is heavily comprised of people of color. Reducing lead in aviation gasoline is an equity issue. Persons living in areas near King County International Airport have a significantly shorter life expectancy than persons living in neighborhoods further from the airport. The federal government is beginning to address the issue of lead in aviation gasoline, but progress has been slow, and the state needs to supplement federal activity by taking its own lead reduction actions.
(Opposed) Everyone wants to see lead eliminated from aviation gasoline. However, the phase-out contemplated in this bill is premature relative to the status of efforts to move to unleaded aviation gasoline fuel, and the lack of availability of such fuel that can be used by aircraft that rely on leaded aviation gasoline. Phasing out leaded aviation gasoline and the approaches to reduce lead exposures from airports would create a financial and administrative burden on airports. Pilots would need to take risks in order to find the aviation gas that their planes need. Some ports are beginning to transition to unleaded gasoline, but it is not yet a solution for all aircraft that use Washington airports. Aircraft that use leaded aviation gas are needed for many socially beneficial purposes, including flights by the Washington State Patrol and humanitarian volunteer flights. Taxes on aviation fuel are not currently being spent by Washington on aviation uses, and could be re-directed to support lead reduction efforts.
(Other) The Departments of Ecology and Health support the intent of the bill to protect children from lead exposure. Reducing the harms caused by lead in aviation gasoline will require a number of different coordinated efforts. The costs to implement the leaded aviation gas phase-out and the development of lead exposure mitigation guidance are not in the Governor's budget. The Department of Transportation is concerned about the timing of the implementation of the phase-out of leaded aviation gasoline at Washington airports. Unleaded aviation gasoline is making inroads, but is not yet in widespread production. The Department of Transportation operates a plane that relies on leaded aviation gasoline.
(In support) This bill reduces the risk from leaded aviation fuel until we have an alternative. No level of lead is safe, especially for children. The move away from lead in paint and standard fuels has had good health effects, but lead is still in aviation fuel. Lead in aviation gasoline is the largest source of lead in the air. The bill adds pressure to encourage the adoption of alternatives that are available, but not at scale. This bill is important to communities impacted by the lead in aviation fuel. Trains are a better alternative than airplanes.
(Opposed) The presence of lead in aviation is better handled at the federal level to ensure compliance with FAA requirements. Unleaded fuels are becoming available including unleaded 100 octane aviation gasoline and we should not rush to using 94 unleaded. The move to unleaded fuels should be incentivized. Aviation gasoline is a relatively small portion of all gasoline sold. Some studies do not find evidence of lead near airports.
Airport managers do not have the authority to enforce compliance. Staff are available for airport planning, but not for monitoring castaway fuel. This bill creates an unfunded mandate on airports and does not enhance the Washington transportation system.
Many planes still need low lead fuel to fly. Airplane pilots do not operate on the ground for longer than is necessary for safety purposes as aviation gasoline is expensive. The bill interferes with the authority of a pilot in command of an aircraft and is a large administrative burden with unreasonable rules. Federal Aviation Administration regulations were developed over 100 years to prioritize safety. This bill would decrease safety at airports. Ecology is not a suitable agency to control airport operations.