HOUSE LAWMAKERS CALL FOR FEDERAL INTERVENTION ON AVGAS CLAIM IN CALIFORNIA
Alexandria, VA, August 10, 2011 – The National Air Transportation Association (NATA) applauds the efforts of U.S. Representative Brian Bilbray (R-CA) in signing a letter to Department of Transportation Secretary Ray LaHood, Federal Aviation Administration (FAA) Administrator Randy Babbitt, and U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson requesting federal intervention on an intended lawsuit against fixed base operators (FBOs) and fuel distributors for supplying and using leaded aviation gasoline (avgas) in the state of California. The allegation, by the Center for Environmental Health (CEH), is that FBOs and fuel distributors failed to warn the public that avgas contains lead, violating the California Safe Drinking Water & Toxic Enforcement Act (Prop 65).
"The Prop 65 lawsuit will disrupt ongoing efforts by the FAA and EPA, who are working with industry groups to identify an alternative to leaded fuel that can be safely and reliably used by piston-powered airplanes,” the congressional letter states. The letter further points out that “the Prop 65 action would, if allowed to move forward, interfere with the national interest in ensuring uniform and workable regulation of aircraft engine emissions for the sake of aviation safety and our environment.”
“NATA and a coalition of small business owners consisting of FBOs and fuel distributors have engaged common counsel and filed a lawsuit against the CEH asking a federal court in Fresno, California, to enjoin the misuse of Prop 65 to regulate the supply and use of leaded avgas,” stated NATA President and CEO James K. Coyne. "The coalition believes that federal law preempts the state of California from regulating in this area.”
“Any lawsuit under Prop 65 initiates state enforcement proceedings in California and can lead to imposition of huge civil penalties, which would cripple the small businesses that sell avgas,” Coyne explained. “Aircraft have used leaded aviation gasoline under FAA and EPA regulations for decades.”
The letter was also signed by House General Aviation Caucus Co-Chairman Sam Graves (R-MO), Lynn Westmoreland (R-GA), Tom McClintock (R-CA), Don Young (R-AK), Leonard Boswell (D-IA), Richard Hanna (R-NY), Aaron Schock (R-IL), Tom Petri (R-WI), Randy Hultgren (R-IL), Chip Cravaack (R-MN), Adam Kinzinger (R-IL), Billy Long (R-MO), Lynn Jenkins (R-KS) and Bill Flores (R-TX).
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NATA, the voice of aviation business, is the public policy group representing the interests of aviation businesses before Congress and the federal agencies.
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The National Air Transportation Association (NATA) has been the voice of aviation business for more than 80 years. Representing nearly 3,700 aviation businesses, NATA’s member companies provide a broad range of services to general aviation, the airlines and the military and NATA serves as the public policy group representing the interests of aviation businesses before Congress and the federal agencies.