Importance of July 1, 2015: SM currently has a special opportunity

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1 ATTACHMENT 1 Proposed Ordinance Limiting Emissions for Aircraft using SMO Presented by Suzanne Paulson Santa Monica Airport Commissioner Report from Commission s ad hoc Subcommittee to consider emissions rating restrictions Suzanne Paulson and Peter Donald Based on draft ordinance developed by Andy Henderson, Esq., with revisions by A. Henderson and S.E. Paulson Research assistance from Christine Qin, UCLA Center for Clean Air Importance of July 1, 2015: SM currently has a special opportunity For matters affecting airport proprietary rights, the Airport Noise and Capacity Act, ANCA requires a procedural process for reviewing airport noise and access restrictions on the operation of stage 2 and stage 3 aircraft. Under ANCA, airport proprietors can restrict Stage 2 aircraft if they follow statutory procedures to demonstrate that their proposed measures create benefits with an awareness of the impacts that they also create. For Stage 3 restrictions, the airlines or USDOT must agree with the proprietor s restrictions. Importance of July 1, 2015 Con t ANCA only applies to aircraft certificated as Stage 2 or 3, and it does not apply to grandfathered arrangements [e.g., the Santa Monica 1984 Agreement], or to restrictions created under airline agreements as provided in 14 C.F.R. Part 161. ANCA expressly provides that it does not invalidate existing law with respect to airport noise and access restrictions except to the extent required by the application of the provisions of the Act. While ANCA restricts a variety of airport proprietary actions, it does provide a limited immunity to airport proprietors. ANCA also provides that if the federal government disapproves a proprietor s proposed restriction, it assumes subsequent liability to the extent that a taking occurs as a direct result of the disapproval. Importance of July 1, 2015 Con t Here is the link to the same FAA sponsored article: f As long as the 1984 Agreement is operative, Santa Monica enjoys relatively unfettered proprietary powers its proprietary powers are fettered only by the terms of the 1984 Agreement itself and by subsequent 20 year grant assurances (I.e., scrutinized for reasonableness). Once the 1984 Agreement expires (in only two weeks), there will no longer be such a "grandfather arrangement" and the arduous, procedural grip of ANCA will adhere to the Santa Monica Airport. Therefore, ANCA's procedural hurdles did not apply to the City's illfated attempt years ago to ban the C&D aircraft because of the 1984 Agreement. But ANCA will apply to any attempt of the same type if the City were to make it after the 1984 Agreement expires. 1

2 Background: SMO Pollutants of Concern The neighborhoods downwind of the airport experience highly elevated levels of several measured pollutants, including ultrafine particles and black carbon. To address these two issues, we propose a two pronged, phased in approach, aimed at eliminating use of the airport by the highest emitters in each of the two categories. Strong odors are a persistent problem downwind of the takeoff area at SMO, related anecdotally to idling and hydrocarbons. Background: Black carbon, ultrafine particles, and related pollutants July 20, 2008 Ultrafine particle numbers (log scale) residential average Bundy Dr. Average Black Carbon and Poly Aromatic Hydrocarbons (linear scale) ( g/m 3 ) 2

3 Ultrafine particle concentration (#/cm3) SCAQMD Ultrafine Particles 2010: Very Similar Results /12/10 9:36 9/12/10 12:00 9/12/10 14:24 9/12/10 16:48 9/12/10 19:12 9/12/10 21:36 Black Carbon & Ultrafine Particles were Elevated at All Sites Ultrafine Particle Concentration (#/cm 3 ) UFP Background 0 Clarkson Bundy&Nat'lBrookhaven Barrington Site Ultrafine Particles Black Carbon Black Carbon (micrograms/m 3 ) Black Carbon Background Ultrafine Particles in West LA: Comparing Neighborhoods Ultrafine Particle Concentrations UFP conc. (# cm -3 ) 6.0e+5 4.0e+5 2.0e+5 2.5e+4 2.0e+4 1.5e+4 1.0e+4 SMO 2008 observations Friday 2011 Saturday Closure day SMO SMO SMO 95 % 90% 75% 50% 25% 10% 5% 5.0e+3 SMO area 0.0 A B C A B C A B C A B C 3

4 Compelling Reasons to Introduce Emissions Limits for Aircraft using SMO A growing literature relates exposure to transportation related pollutants to a wide variety adverse health outcomes, including increases in cardiovascular disease and events, asthma and hospital admissions, low birth weight and premature babies, obesity and other outcomes. EPA, SCAQMD and related agencies are placing more focus on this type of source. New near roadway measurements programs aimed at collecting data that may lead to development of a new regulation in future SMO is in an unusual situation because the airport lacks a buffer area to limit impacts on nearby residents. SMO has homes closer to its runway than any other US airport with significant operations. Thus SMO creates a unique threat to its neighbors, and was already adjudged to be a nuisance to some neighbors. Compelling Reasons to Introduce Emissions Limits for Aircraft using SMO Because the impact area is small, and the impacted population limited in comparison to other exposed populations, a specific health study would be prohibitively expensive, and several epidemiological methodologies could not be applied. What is more, obtaining funding by scientists for the relatively small impacted population is very difficult. As a result, it is unreasonable to insist on completely clear evidence that the pollution violates a standard or has clearly quantifiable health impacts. Compelling Reasons to Introduce Emissions Limits for Aircraft using SMO On balance, there is compelling reason for the City to exercise its proprietary rights to substantially reduce the emissions from the airport and thus mitigate the pollutant impacts on the residents who surround the airport. Structure of Proposed Regulation For the city to implement its own emissions testing program for individual aircraft or classes of aircraft would be prohibitively expensive. It is far better to use existing databases of engine emission factors, particularly the ICAO data base, Swiss Federal Office of Civil Aviation, and other similar databases. 4

5 ICAO Data base ICAO Data base NO x Limit Data from the SCAQMD and UCLA in 2010 and 2008 respectively were examined. These studies measured ultrafine particles, black carbon and other pollutants. Ultrafine particles and black carbon are highly elevated around the airport. Because ultrafine particles are: a) Strongly suspected to be associated with health effects; b) highly elevated in aircraft exhaust; c) strongly correlated with other pollutants of concern such as black carbon and d) measured with very high time resolution, We determined which parameter in the available ICAO database best predicts ultrafine particle concentrations. NO x Limit Ultrafine particle peaks can be associated with takeoff events for individual aircraft. The tail numbers can be associated with individual aircraft engines, which have emissions ratings available in the ICAO database. Peak ultrafine particle concentrations in the neighborhood downwind of the runway (under seabreeze conditions) correlate most strongly with ICAO data for NO x at takeoff. They also correlate reasonably well with ICAO data for NO x at idle, as NO x at takeoff and idle are strongly correlated with each other. 5

6 NO x Limit As a result, we recommend using the ICAO emissions data for NO x emissions during takeoff as the metric by which to reduce ultrafine particles, black carbon and related pollution in the downwind areas. Hydrocarbon Limit On balance, there is also very compelling reason for the City to exercise its proprietary rights to substantially restrict from the airport aircraft that are rated to emit large amounts of hydrocarbons when idling, and thus mitigate the pollutant impacts on the residents who surround the airport. Emissions Rates for Jet, Turbofan and Piston Aircraft Aircraft emissions cover a wide range. All jet & Turbofan engines lbs/hr NO x during takeoff ~0 395 lbs/hr Hydrocarbonsduring idle Jets & Turbofans using SMO in 2010 during SCAQMD study: lbs/hr NO x during takeoff lbs/hr Hydrocarbonsduring idle Piston aircraft from FOCA database lbs/hr NO x during takeoff lbs/hr Hydrocarbons during idle The Proposed Ordinance Effective beginning on the dates indicated below, no aircraft may operate at the Santa Monica Airport if, excluding any auxiliary engine(s), it bears an engine that is, or bears engines that cumulatively are, rated to exceed the emissions restrictions that are specified below. Effective April 1, 2015, no aircraft may operate at the Santa Monica Airport if, excluding any auxiliary engine(s), it bears an engine that is, or bears engines that cumulatively are, rated to emit: forty (40) pounds or more per hour in hydrocarbons when in idle mode, or two hundred (200) pounds or more per hour in oxides of nitrogen when in take off mode. 6

7 The Proposed Ordinance, Continued Effective January 1, 2016, no aircraft may operate at the Santa Monica Airport if, excluding any auxiliary engine(s), it bears an engine that is, or bears engines that cumulatively are, rated to emit: thirty (30) pounds or more per hour in hydrocarbons when in idle mode, or one hundred fifty (150) pounds or more per hour in oxides of nitrogen when in take off mode. The Proposed Ordinance, Continued Effective July 1, 2016, no aircraft may operate at the Santa Monica Airport if, excluding any auxiliary engine(s), it bears an engine that is, or bears engines that cumulatively are, rated to emit: twenty (20) pounds or more per hour in hydrocarbons when in idle mode, or one hundred (100) pounds or more per hour in oxides of nitrogen when in take off mode. The Proposed Ordinance, Continued Effective January 1, 2017, no aircraft may operate at the Santa Monica Airport if, excluding any auxiliary engine(s), it bears an engine that is, or bears engines that cumulatively are, rated to emit: ten (10) pounds or more per hour in hydrocarbons when in idle mode, or eighty (80) pounds or more per hour in oxides of nitrogen when in take off mode. Subsequent Reductions Effective January 1, 2018, and again effective each successive January 1 st thereafter, the emissions ratings use restrictions immediately thereto in effect pursuant to this ordinance, expressed in pounds of constituent per hour, shall be reduced by five per cent (5%); provided, however, that the Santa Monica Airport Commission may, by a majority vote of its members following notice and a public hearing occurring no less then three months before such scheduled change in the emissions rating use restrictions, and hereby is empowered to, forgo the prospective operation of this provision in any given following year if the Commission finds that such forbearance is consistent with maintaining desirable levels and types of airport operations after due consideration for the effects of aircraft operations on the airport s neighbors. 7

8 Relation to other processes If the implementation of any emissions rating use restriction set forth in this ordinance is either (a) delayed due to any intergovernmental approval and review processes, or (b) found to be conflict with any federal grant assurance that binds the City to forbearance, then the application of the respective use restriction shall be deferred until such time as the intergovernmental process concludes, and any conflicting grant assurance expires, whereupon such ordained emissions rating limitation set forth in this ordinance shall thereupon become effective as soon as reasonable public notice thereof is provided. Proposed Enforcement Clause In order to enforce compliance with the proprietary limitations on use of the Airport which are established by and pursuant to this 0rdinance, the Santa Monica Airport Commission (i) shall establish no later than March 1, 2015, (ii) may revise from time to time, and (iii) shall cause to be publicized for enforcement, special user fees chargeable to any person who violates any emissions ratings use restriction established pursuant to this ordinance. Such special user fees may, at the discretion of the Santa Monica Airport Commission, substantially exceed user fees established for compliant use of the Airport, and be progressive with respect to repeat violations. In addition, the Santa Monica Airport Commission shall investigate and pursue any rights that the City may have as the Airport s proprietor to exclude from using the Airport, as trespassers, any repeat violators of the emissions ratings use restrictions established pursuant to this ordinance. Notification of Users The City s airport director and staff are hereby directed to publicize, implement and enforce both the emissions ratings use restrictions set forth in this ordinance and, when promulgated, the related special user fees established from time to time by the Santa Monica Airport Commission, and to put in place the most efficacious and economical means of ascertaining compliance with and enforcing the emissions rating use restrictions established pursuant to this ordinance. The identification of an individual aircraft s propulsion engine(s), fuel type and the emissions ratings of each such engine shall be determined with reference to, among other sources, civil registration numbers and generally available data publicized by the International Civil Aviation Organization or such other analogous data source(s) as the Santa Monica Airport Commission may approve from time to time for use. Thank you 8