(e) Reference in this regulation to 40 CFR part 87 refers to title 40 of the Code of Federal Regulations, chapter I--Environmental Protection Agency, part 87, Control of Air Pollution from Aircraft and Aircraft Engines (40 CFR part 87).
(f) This part contains regulations to ensure compliance with certain standards contained in 40 CFR part 87. If EPA takes any action, including the issuance of an exemption or issuance of a revised or alternate procedure, test method, or other regulation, the effect of which is to relax or delay the effective date of any provision of 40 CFR part 87 that is made applicable to an aircraft under this FAR, the Administrator of FAA will grant a general administrative waiver of its more stringent requirements until this FAR is amended to reflect the more relaxed requirements prescribed by EPA.
Explanation Authority under Section 232, Clean Air Act, as amended, is to "insure compliance with all standards prescribed under section 231 by the Administrator" of the EPA. If the Administrator of the EPA takes any of the actions described in 34.3 (f) the Administrator of FAA must respond accordingly. In such instances some or all of Part 34 may not be applicable until such time as Part 34 is reissued. In the past any such action taken by the EPA has been reflected in the issuance of a revised or amended version of 40 CFR part 87.
This would then serve as the primary reference for all substantive information.
If the EPA changes 40 CFR Part 87 to relax any of the standards, and the relaxed standards apply to aircraft pursuant to Part 34, then the FAA Administrator will grant a general waiver to use the relaxed EPA standard until such time as Part 34 is reissued. It should be noted that a general waiver is not a waiver that can be applied for by an individual, but is a waiver that is issued by the Administrator to all persons subject to Part 34 that is affected by the relaxed or changed 40 CFR Part 87 standards.
§ 34.3(g)
(g) Unless otherwise stated, all terminology and abbreviations in this FAR that are defined in 40 CFR part 87 have the meaning specified in that part, and all terms in 40 CFR part 87 that are not defined in that part but that are used in this FAR have the meaning given them in the Clean Air Act, as amended by Public Law 91-604.
Explanation 40 CFR part 87 specifies, by reference, selected sections of ICAO Annex 16, Volume II, Aircraft Engine Emissions, Second edition, 1993. Namely, Appendices 2, 3, 5, and 6 of Annex 16 provides definitions that are specifically applicable to these referenced appendices and are necessary to an understanding of the requirements described therein. These definitions can be considered to be part of 40 CFR Part 87.
§ 34.3 (h), (i)
(h) All interpretations of 40 CFR part 87 that are rendered by the EPA also apply to this FAR.
(i) If the EPA, under 40 CFR 87.3(a), approves or accepts any testing and sampling procedures or methods, analytical techniques, or related equipment not identical to those specified in that part, this FAR requires an applicant to show that such alternate, equivalent, or otherwise nonidentical procedures have been complied with, and that such alternate equipment was used to show compliance, unless the applicant elects to comply with those procedures, methods, techniques, and equipment specified in 40 CFR part 87.
Explanation Similar to 34.3 (a) any, individual or agency requesting acceptance and approval for testing, sampling procedures or methods, analytical techniques, or related equipment not identical to those specified, having demonstrated equivalency, must prove to the satisfaction of the FAA that the alternate, equivalent, or otherwise nonidentical procedures have been complied with, and the approved procedures, methods, analytical techniques and related equipment was used to show compliance. Once approval has been obtained from the EPA the requirement to prove that the alternate equivalent, or otherwise nonidentical procedures have been complied with are similar to the requirements for the standard procedures. If the individual or agency reconsiders this, they are free to use the standard testing procedures. The Request Process for §34.3, is shown graphically in FIGURE 3, “EXCEPTIONS TO FAR 34”.
Supplemental information for Sections 34.3 (h), (i), (k) and 34.5 EXCEPTIONS TO FAR 34 (ALTERNATE EQUIVALENT, OR OTHERWISE NON IDENTICAL PROCEDURES, METHODS, EQUIPMENT, AND/OR ANALYTICAL TECHNIQUES TO THOSE SPECIFIED IN FAR 34) Applicant Request for Exception to or FAA ACO/ECO Information about Receives and Policies, Reviews Request Procedures or Interpretations Disposition of Request to Authorized to Applicant Grant Request or Provide Information No
FAA E&P Directorate, ANE-110 Receives and Reviews Request Disposition of FAA ACO - ANE Request to Grants or Denies Authorized to Applicant Request Grant Request or Provide Information No FAA AEE - 300 Receives and Reviews Request Disposition of Disposition of EPD, ANE - 110 FAA Request to Request to Receives Decision AEE-300 Authorized to Applicant FAA Transmits to Grants or denies Yes- Grant Request or ACO - ANE ACO/ECO request Provide Informatio No Disposition of Disposition of Disposition of Disposition of EPA ЕРА Request to Applicant Request to ACO/ECO FAA ANE - 110 EPD Request to FAA Request to A EE -300 FAA Grants or Denies Request Reviews Request Receives and FIGURE 3 Request Process for Alternate, Equivalent or Otherwise Nonidentical Procedures Page 15
§ 34.3 (j)
(j) If the EPA, under 40 CFR 87.5, prescribes special test procedures for any aircraft or aircraft engine that is not susceptible to satisfactory testing by the procedures in 40 CFR part 87, the applicant must show the Administrator that those special test procedures have been complied with.
Explanation The FAA has this responsibility under Section 232, CAA as amended. As with 34.3 (a) and (i) the applicant must provide evidence to the FAA that the special test procedures have been complied with as approved.
§ 34.3 (k)
(k) Wherever 40 CFR part 87 requires agreement, acceptance, or approval by the Administrator of the EPA, this FAR requires a showing that such agreement or approval has been obtained.
Explanation The FAA has this responsibility under Section 232, CAA as amended. The Request Process for Alternate, Equivalent or Otherwise Nonidentical Procedures is shown in Figure 3.
§ 34.3 (l)
(l) Pursuant to 42 U.S.C. 7573, 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 that standard is identical to a standard made applicable to the aircraft by the terms of this FAR.
Explanation 42 U.S.C. 7573 refers to Section 233 of the Clean Air Act as amended. Section 233 of the Clean Air Act as amended preempts the adoption or enforcement of any emissions standard not identical to the standards promulgated in 40 CFR part 87, and enforced through 14 CFR Part 34.
§ 34.3 (m)
(m) If EPA, by regulation or exemption, relaxes a provision of 40 CFR part 87 that is implemented in this FAR, no state or political subdivision thereof may adopt or attempt to enforce the terms of this FAR that are superseded by the relaxed requirement.
Explanation Similar to 34.3 (l) above with authority from Section 233 of the Clean Air Act as amended.
§ 34.3 (n)
(n) If any provision of this FAR is rendered inapplicable to a foreign aircraft as provided in 40 CFR
87.3(c) (international agreements), and §34.3(d) of this FAR, that provision may not be adopted or enforced against that foreign aircraft by a state or political subdivision thereof.
Explanation Similar to 34.3 (l) (m) above with authority from Section 233 of the Clean Air Act as amended.
Standardization and control of emissions from commercial aircraft is the responsibility of the Federal government.
§ 34.3 (o)
(o) For exhaust emissions requirements of this FAR that apply beginning February 1, 1974, January 1, 1976, January 1, 1978, January 1, 1984, and August 9, 1985, continued compliance with those requirements is shown for engines for which the type design has been shown to meet those requirements, if the engine is maintained in accordance with applicable maintenance requirements for 14 CFR chapter I. All methods of demonstrating compliance and all model designations previously found acceptable to the Administrator shall be deemed to continue to be an acceptable demonstration of compliance with the specific standards for which they were approved.
Explanation With respect to emissions engines are not expected to deteriorate significantly in time so if they met emissions requirements in the past and are maintained in accordance with FAA requirements they will be considered to be in compliance.
§ 34.3 (p)
(p) Each applicant must allow the Administrator to make, or witness, any test necessary to determine compliance with the applicable provisions of this FAR.
Explanation Emissions compliance testing is typically performed at the engine manufacturers’ facility. Because of the expense and complexity of emissions sampling and analytical equipment, engine manufacturers use the same procedures and equipment, to the extent possible, for all emissions certification testing. Once an emissions certification test has been witnessed and approved, future, similar tests, can be evaluated at little risk, by means of the engine certification test plan and the engine test and emissions measurement equipment operational documentation. Changes in test equipment and/or procedures should be evaluated for each situation. For example, changing an analytical instrument from one manufacturer to another without on site inspection would pose little risk, whereas changing from a single point, traversing, sampling probe to an integrating traversing sampling rake might warrant review and discussion and perhaps inspection of the equipment involved.
8. §34.4 [Reserved]
9. §34.5 Special Test Procedures :.
The Administrator or the Administrator of the EPA may, upon written application by a manufacturer or operator of aircraft or aircraft engines, approve test procedures for any aircraft or aircraft engine that is not susceptible to satisfactory testing by the procedures set forth herein. Prior to taking action on any such application, the Administrator or the Administrator of the EPA shall consult with the other.
Explanation The particular configuration of a given engine may lend itself to testing by some means other than that implied in Part 34. For example it may be beneficial to sample, for emissions, a mixed fan flow engine from the core Page 17
rather than from the standard co-annular core/fan flow discharge nozzle. Because of the restrictions placed on the location of the emissions sampling probe this would be difficult if not impossible. By adopting a scheme of separating the two flows, fan and core without adversely affecting engine performance, a viable core only sample could be taken. Such a scheme would have to be reviewed and approved by the FAA. The request process for approval is shown in Figure 3.
10. §34.6 Aircraft safety
(a) The provisions of this part will be revised if at any time the Administrator determines that an emission standard cannot be met within the specified time without creating a safety hazard.
Explanation The Administrator must assure appropriate consideration of aircraft safety when considering meeting emissions standards within any time frame.
(b) Consistent with 40 CFR 87.6, if the FAA Administrator determines that any emission control regulation in this part cannot be safely applied to an aircraft, that provision may not be adopted or enforced against that aircraft by any state or political subdivision thereof.
Explanation Authority for Part 34.6 (b) comes from Section 233, Clean Air Act as amended. In addition, aircraft, in 34.6(b) should be interpreted to mean “aircraft and aircraft engine”.
11. §34.7 Exemptions Notwithstanding part 11 of the Federal Aviation Regulations (14 CFR part 11), all petitions for rulemaking involving either the substance of an emission standard or test procedure prescribed by the EPA that is incorporated in this FAR, or the compliance date for such standard or procedure, must be submitted to the EPA. Information copies of such petitions are invited by the FAA. Petitions for rulemaking or exemption involving provisions of this FAR that do not affect the substance or the compliance date of an emission standard or test procedure that is prescribed by the EPA, and petitions for exemptions under the provisions for which the EPA has specifically granted exemption authority to the Secretary of Transportation are subject to part 11 of the Federal Aviation Regulations (14 CFR part 11). Petitions for rulemaking or exemptions involving these FARs must be submitted to the FAA.
(a):
Exemptions based on flights for short durations at infrequent intervals. The emission standards of this part do not apply to engines which power aircraft operated in the United States for short durations at infrequent intervals. Such operations are limited to:
(1) Flights of an aircraft for the purpose of export to a foreign country, including any flights essential to demonstrate the integrity of an aircraft prior to a flight to a point outside the United States.
(2) Flights to a base where repairs, alterations or maintenance are to be performed, or to a point of storage, or for the purpose of returning an aircraft to service.
(3) Official visits by representatives of foreign governments.
(4) Other flights the Administrator determines, after consultation with the Administrator of the EPA, to be for short durations at infrequent intervals. A request for such a determination shall be made before the flight takes place.
(b) Exemptions for very low production engine models. The emissions standards of this part do not apply to engines of very low production after the date of applicability. For the purpose of this part, "very low production" is limited to a maximum total production for United States civil aviation applications of no more than 200 units covered by the same type certificate after January 1, 1984.
Engines manufactured under this provision must be reported to the FAA by serial number on or before the date of manufacture and exemptions granted under this provision are not transferable to any other engine.
(c) Exemptions for new engines in other categories. The emissions standards of this part do not apply to engines for which the Administrator determines, with the concurrence of the Administrator of the EPA, that application of any standard under Sec. 34.21 is not justified, based upon consideration of—
(1) Adverse economic impact on the manufacturer;
(2) Adverse economic impact on the aircraft and airline industries at large;
(3) Equity in administering the standards among all economically competing parties;
(4) Public health and welfare effects; and
(5) Other factors which the Administrator, after consultation with the Administrator of the EPA, may deem relevant to the case in question.
(d) Time-limited exemptions for in-use engines. The emissions standards of this part do not apply to aircraft or aircraft engines for time periods which the Administrator determines, with the concurrence of the Administrator of the EPA, that any applicable standard under Sec. 34.11(a), or Sec. 34.31(a), should not be applied based upon consideration of--
(1) Documentation demonstrating that all good faith efforts to achieve compliance with such standard have been made;
(2) Documentation demonstrating that the inability to comply with such standard is due to circumstances beyond the control of the owner or operator of the aircraft; and
(3) A plan in which the owner or operator of the aircraft shows that he will achieve compliance in the shortest time which is feasible.
Explanation The EPA is mandated to address all sources of air pollution which may endanger the public health or welfare.
From Federal Register, Vol. 62, No. 89, Thursday, May 8, 1997, "Currently, aircraft are about 2 percent of the total U.S. mobile source NOx and CO ground level emissions inventory. Commercial aircraft emissions are about 70 and 30 percent respectively of these NOx and CO aircraft emissions inventories." While of concern, and determined by the Administrator of the EPA to be in need of regulatory control, commercial aircraft emissions constitute a relatively small fraction of the total mobile sources emissions burden. The likely contribution from the allowable exemptions listed in categories 34.7 (a) - (d) are a small fraction of an already small fraction. EPA has granted a blanket exemption from the standards for all models of engines which satisfy a criterion for low production engines. The FAA has been granted, by the EPA, responsibility for acting on petitions for exemptions of any sort.
From ICAO Annex 16, Volume II, Second edition, 1993, Chapter 2, “TURBO-JET AND TURBOFAN ENGINES INTENDED FOR PROPULSION ONLY AT SUBSONIC SPEEDS”:
Note: In considering exemptions, certificating authorities should take into account the probable numbers of engines that will be produced and their impact on the environment. When such an exemption is granted, the certificating authority should consider imposing a time limit on the future production of such engines for installation on new aircraft, although production of such engines as spares should be permitted indefinitely.
(e) Applications for exemption from this part shall be submitted in duplicate to the Administrator in accordance with the procedures established by the Administrator in part 11.
Explanation
34.7 (e), and the prefacing remarks to this subsection, do not appear in 40 CFR Part 87, subsection 84.7.
They are an addition and reflect the differing roles and responsibilities between the EPA which establishes the regulatory standards, and the FAA, which enforces these standards. Applications for exemptions which do not significantly impact or compromise the substance or compliance date of an emission standard or test procedure or for which the EPA has granted authority to the Secretary of Transportation should be submitted to the FAA subject to 14 CFR part 11. Petitions of a substantive nature relating to emission standards and test procedures must be submitted to the EPA with copies requested by the FAA.
(g):
No state or political subdivision thereof may attempt to enforce a standard respecting emissions from an aircraft or engine if such aircraft or engine has been exempted from such standard under this part.
Explanation This is an interpretation of Section 233, Clean Air Act as amended, maintaining authority over aircraft and aircraft engine emissions while allowing exemptions for the reasons specified in 34.7 (a) - (d).
II Subpart B—Engine Fuel Venting Emissions (New and In-use Aircraft Gas Turbine Engines)
12. §34.10 Applicability
(a) The provisions of this subpart are applicable to all new aircraft gas turbine engines of classes T3, T8, TSS and TF equal to or greater than 36 kilonewton (8090 pounds) rated output, manufactured on or after January 1, 1974, and to all in-use aircraft gas turbine engines of classes T3, T8, TSS and TF equal to or greater than 36 kilonewtons (8090 pounds) rated output manufactured after February 1, 1974.
(b) The provisions of this subpart are also applicable to all new aircraft gas turbine engines of class TF less than 36 kilonewtons (8090 pounds) rated output and class TP manufactured on or after January 1, 1975, and to all in-use aircraft gas turbine engines of class TF less than 36 kilonewtons (8090 pounds) rated output and class TP manufactured after January 1, 1975.
13. §34.11 Standard for fuel venting emissions:
(a) No fuel venting emissions shall be discharged into the atmosphere from any new or in-use aircraft gas turbine engine subject to the subpart. This paragraph is directed at the elimination of intentional discharge to the atmosphere of fuel drained from fuel nozzle manifolds after engines are shut down and does not apply to normal fuel seepage from shaft seals, joints, and fittings.
(b) Conformity with the standard set forth in paragraph (a) of this section shall be determined by inspection of the method designed to eliminate these emissions.
(c) As applied to an airframe or an engine, any manufacturer or operator may show compliance with the fuel venting and emissions requirements of this section that were effective beginning February 1, 1974 or January 1, 1975, by any means that prevents the intentional discharge of fuel from fuel nozzle manifolds after the engines are shut down. Acceptable means of compliance include one of the following:
(1) Incorporation of an FAA approved system that recirculates the fuel back into the fuel system.
(2) Capping or securing the pressurization and drain valves.
(3) Manually draining the fuel from a holding tank into a container.
Explanation Table 1 summarizes the Engine Fuel Venting Emissions Standards as described in Part 34.
It is normal for aircraft gas turbine engine fuel systems to operate in a pressurized condition. This pressure is relieved after the engines are shut down. Raw fuel allowed to drain uncontained or onto hot internal engine parts will result in the discharge of hydrocarbons from the aircraft into the environment. These hydrocarbons pass into the atmosphere, adding to the local air pollution burden. The objective of this regulation is to eliminate the intentional discharge, in to the atmosphere, of fuel drained from the engine fuel manifolds after the engine is shut down following normal flight or gr ound operations. This regulation is not intended to apply to normal fuel seepage from shaft seals, joints and fittings.
Table 1: ENGINE FUEL VENTING EMISSIONS (New and In-Use Aircraft Gas Turbine Engines)
ENGINE CLASS EFFECTIVE DATE STANDARD T3, T8, TSS, TF All new aircraft gas turbine Prohibition of fuel venting ≥ 36 kilonewtons (8090 lbs.) engines manufactured on or emissions discharged into after January 1, 1974 the atmosphere T3, T8, TSS, TF All in-use aircraft gas Prohibition of fuel venting ≥ 36 kilonewtons turbine engines emissions discharged into manufactured after the atmosphere February 1, 1974 TF < 36 kilonewtons All new and in-use aircraft Prohibition of fuel venting TP gas turbine engines emissions discharged into manufactured on or after the atmosphere January 1, 1975 Compliance is by inspection of the method designed or chosen to prevent these emissions. Acceptable means of compliance include recirculating fuel back in to the fuel system, by means of an FAA approved system, capping or securing the pressurization and drai n valve or manually draining the fuel from a holding tank into a container. In the latter case this fuel must be disposed of in an envir onmentally sound manner. It should be noted that unlike meeting emissions levels which are clearly the responsibility of the engine manufacturer meeting fuel venting standards can be assigned to the operator depending upon which strategy is chosen to prevent the intentional discharge from the fuel manifold after the engine is shut down. Most, if not all, modern aircraft are designed and constructed to meet this regulation.
As a point of observation, it should be noted that turboshaft engines are not included in these requirements.
III. Subpart C — Exhaust Emissions (New Aircraft Gas Turbine Engines)
14. § 34.20 Applicability The provisions of this subpart are applicable to all aircraft gas turbine engines of the classes specified beginning on the dates specified in § 34.21.
15. § 34.21 Standards for exhaust emissions
(a) Exhaust emissions of smoke from each new aircraft gas turbine engine of class T8 manufactured on or after February 1, 1974, shall not exceed a smoke number (SN) of 30.
(b) Exhaust emissions of smoke from each new aircraft gas turbine engine of class TF and of rated output of 129 kilonewtons (29,000 pounds) thrust or greater, manufactured on or after January 1, 1976, shall not exceed:
SN = 83.6(rO)-0.274 (rO is in kilonewtons)
(c) Exhaust emissions of smoke from each new aircraft gas turbine engine of class T3 manufactured on or after January 1, 1978, shall not exceed a smoke number (SN) of 25.
(d) Gaseous exhaust emissions from each new commercial aircraft gas turbine engine shall not exceed:
(1) Classes, TF, T3, T8 engines greater than 26.7 kilonewtons (kN) rated output:
(i) Engines manufactured on or after January 1, 1984:
Hydrocarbons: 19.6 grams/kilonewton rO.
(ii) Engines manufactured on or after July 7, 1997.
Carbon Monoxide: 118 grams/kilonewton rO.
(iii) Engines of a type or model of which the date of manufacture of the first individual production model was on or before December 31, 1995 and for which the date of manufacture of the individual engine was on or before December 31, 1999.
Oxides of Nitrogen: (40 + 2 (rPR)) grams/kilonewton rO.
(iv) Engines of a type or model of which the date of manufacture of the first individual production model was after December 31, 1995 or for which the date of manufacture of the individual engine was after December 31, 1999:
Oxides of Nitrogen: (32 + 1.6(rPR)) grams/kilonewton rO.
(v) The emission standards prescribed in paragraphs (d)(1)(iii) and (iv) of this section apply as prescribed beginning July 7, 1997.
(vi) Engines of type or model for which the date of manufacture of the first individual production model was after December 31, 2003:
(A) For engines with a pressure ratio of 30 or less:
(1) For Engines with a maximum rated thrust of more than 89.0 kN:
Oxides of Nitrogen: (19 + 1.6 rPR) grams/kilonewton rO.
(2) For engines with a maximum rated thrust of more than 26.7 kN but not more than 89.0 kN:
Oxides of Nitrogen: (37.572 + 1.6 rPR – 0.2087 rO) grams/Kilonewton rO.
(B) For engines with a pressure ratio of more than 30 but less than 62.5:
(1) For engines with a maximum rated thrust of more than 89.0 kN:
Oxides of Nitrogen: (7 + 2.0 rPR) grams/kilonewton rO.
(2) For engines with a maximum rated thrust of more than 26.7 kN but more than 89.0 kN:
Oxides of Nitrogen: (42.71 + 1.4286 rPR – 0.4013 rO + 0.00642 rPR(rO)) grams/kilonewton rO.
(C) For engines with a pressure ratio of 62.5 or more:
Oxides of Nitrogen: (32 + 1.6 rPR) grams/kilonewton rO.
Explanation: The emission standards described in paragraphs (d)(1)(vi)(A), (B), and (C) of this section are contingent upon promulgation by EPA and FAA in their respective regulations and standards. They list the current ICAO CAPE 4 requirements and represent a continuation of the harmonization program with ICAO.
Supplemental Information:
The date of the first individual production model is generally interpreted to mean the date of type certification.
(2) Class TSS: Engines manufactured on or after January 1, 1984:
Hydrocarbons = 140(0.92)rPR grams/kilonewton rO.
(e) Smoke exhaust emissions from each gas turbine engine of the classes specified below shall not exceed:
(1) Class TF of rated output less than 26.7 kilonewtons (6000 pounds) manufactured on or after August 9, 1985.
SN = 83.6(rO)-0.274 (rO is in kilonewtons) not to exceed a maximum of SN = 50.
(2) Classes T3, T8, TSS, and TF of rated output equal to or greater than 26.7 kilonewtons (6000 pounds) manufactured on or after January 1, 1984.
SN = 83.6(rO)-0.274 (rO is in kilonewtons) not to exceed a maximum of SN = 50.
(3) Class TP or rated output equal to or greater than 1,000 kilowatts (1340 Hp) manufactured on or after January 1, 1984.
SN = 187(rO)-0.168 (rO is in kilowatts).