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 (CAA), leaded motor vehicle gasoline was phased out between the 1970s and 1990s. In October 2022, the United States Environmental Protection Agency (EPA) issued a proposed determination that lead emissions from aircraft that operate on leaded fuel cause or contribute to air pollution that may reasonably be anticipated to endanger public health and welfare under the CAA. EPA plans to issue any final endangerment finding in 2023.
If the proposed finding is finalized, EPA would propose regulatory standards for lead emissions from aircraft engines. The Federal Aviation Administration (FAA) would be required to prescribe regulations to ensure compliance with these emissions standards.
In 2022, the FAA and industry partners 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.
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. 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.
The FAA has approved the safe use of unleaded fuel that can be used in a large number of piston-engine aircraft, along with other unleaded fuels for specific aircraft.
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. 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.
The Washington State Department of Transportation (WSDOT) must carry out activities related to reducing emissions from leaded aviation gasoline used by piston-engine aircraft, including:
DOH must update its blood lead testing guidance for health care providers related to children living near airports at which leaded aviation gasoline is used. The update must include children at risk of lead exposure due to proximity to operations at airports among the high-risk populations broadly recommended for a blood lead test. DOH must provide outreach to healthcare providers about the updated guidance.
The committee recommended a different version of the bill than what was heard. PRO: Lead is unsafe for public health, in particular for children, which is why we have unleaded gas today. At the same time, there are still piston-engine planes that are able to use leaded gas. There are other countries that use unleaded fuel in these planes, but we've had delays in bringing it to scale in the U.S. Santa Clara County has an airport located in an overburdened community, and blood lead levels in children living in that area were high.
Lead in gas has been phased out decades ago while leaded aviation gas continues to affect children and communities of color. We don't know the timeline of federal action but this bill provides much needed guidance for blood level testing. Even low levels can affect behavioral development in children.
There is no safe level for lead. For families living near airports, it's an added stress to know that the air and soil can be contaminated with lead that we cannot control. Failing to act now will lead to another generation of children being exposed to lead. Living or going to school near an airport should not be a risk for lead poisoning. Communities are inequitably exposed to emissions of leaded gas, as King County airport continues to allow exposures in communities.
CON: We are thankful for efforts to amend the bill but opposition is still there regarding consensus on lead exposure impacts. There currently are no such studies. EPA's monitoring levels indicate exposure levels near airports are well below air standards for lead.
OTHER: We applaud improvement of the bill through the house process but we do have concerns with clarification. Airports want to see lead removed from aviation fuel but want to see it done safely and responsibly. The bill makes assumptions about lead exposure but does not discuss other sources other than aviation fuel.
The bill discusses the EAGLE initiative and the efforts in process. There may not be an appropriate role for the state at this time, other than informing the public on sources of lead exposure. These aircraft are not just recreational but also used to train commercial pilots.
It is important to address all exposures of lead, including aviation fuel, since there is no safe level of exposure for lead. Exposure can lead to higher cardiovascular impacts for adults and development issues for children.