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.
Clean Air Act Implementation in Washington.
The Department of Ecology (Ecology) and seven local air pollution control authorities have each received approval from the EPA to administer aspects of the FCAA in Washington. Local clean air agencies have primary responsibility for administering the state and FCAA in counties which have elected to activate a local air authority or to form a multicounty air authority; in other areas of the state, Ecology is responsible for administering state and FCAA programs.
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.
Pollution Control Hearings Board.
The Pollution Control Hearings Board (PCHB) is an appeals board with jurisdiction to hear appeals of certain decisions, orders, and penalties issued by Ecology and several other state agencies. Parties aggrieved by a PCHB decision may obtain subsequent judicial review. Penalties appealable to the PCHB must generally be imposed following standard general protocols, including that the penalty must be accompanied by a notice in writing describing the violation, and specifying when the penalty must be appealed or else becomes due and payable. With some exceptions, penalties that are appealable to the PCHB are credited to the State General Fund.
Lead Exposure Reduction Guidance and Plans.
The Department of Transportation (WSDOT), in consultation with the Department of Ecology (Ecology) must develop simple guidance that can quickly and easily be implemented by airport operators to minimize public health and environmental exposures to lead from airport operations. The WSDOT must publish initial guidance to airport operators by July 1, 2024, and update its review and guidance by July 1, 2026. The WSDOT's guidance must be based on the 2021 consensus study report from the National Academies of Sciences, Engineering, and Medicine related to options for reducing lead exposure from piston-engine aircraft, and include three high-priority actions:
The WSDOT's guidance may also address other lead exposure minimization actions.
By November 1, 2024, or four months after the publication of the WSDOT's guidance, airport operators at which leaded aviation gasoline is sold must begin implementing, and submit to Ecology or a local air authority in areas of Washington where an authority has been activated, a plan to implement the WSDOT's guidance. Airport operator plans must be updated by November 1 following any updates to the WSDOT's guidance. Airport operator lead exposure minimization plans must include:
Each airport operator must submit an annual status report to Ecology or a local air authority starting in December 2025.
Other.
Ecology or a local air authority, in consultation with the Department of Health (DOH) and the WSDOT, must offer technical assistance to airport operators that do not submit adequate lead plans or do not implement their plans in the manner described. Ecology may adopt rules to implement and enforce leaded aviation gas restrictions and leaded aviation gas exposure airport plans. Ecology must enforce requirements in areas of Washington where a local air pollution control authority has not been activated, and air pollution control authorities must enforce requirements in areas within their jurisdiction. Violations are subject to penalties of up to $10,000 per day for violations, and penalty amounts may take into consideration the proximity of an airport to Ecology-identified overburdened communities or vulnerable populations. Penalties are appealable to the Pollution Control Hearings Board.
The 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.
As compared to the original bill, the substitute bill:
(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.