An Introduction to the Interplay Between the Aviation Sector and the Environment:
The Aviation sector has shown immense potential over the last few years with an increasing number of people needing a timely mode of travel. This demand has largely contributed to its rise as one of the fastest developing industries in the world. Reports have stated that in 2006-07, the civil aviation industry grew by about 40% in India[1]. This report was a clear indication of its escalating rate of use as a mainstream mode of transportation, which was also recognized by Airbus in its report stating that the next two decades would see a phenomenal growth in India’s domestic sector in the global market[2].
Apart from its necessity as a mode of transport, the sector is also a significant contributor to the economy of every country. Reports have found that this industry contributes to the skilled and unskilled job market by providing over 50 million jobs worldwide[3], either directly or indirectly. Aircrafts also contribute to over 30% of the value of world trade[4].
However, the extent of its contribution isn’t only socio-economic but is also with an environmental impact that has become a point of concern as an unintended consequence of its rapid growth. The IPCC or Intergovernmental Panel on Climate Change had published a study[5] that discussed this impact and concluded that the sector alone was contributing to over 3% of man-made climate change. This was found to be caused by large scale emissions of different kinds of pollutants from aircrafts and airports, and the severe noise pollution caused by aircraft engines and propellers. This problem exists despite new models of aircrafts using more fuel-efficient, low emission engines and propellers, and most people are unaware of the extent of harm caused. A study conducted in Tanzania[6] concluded that travellers know more about visible issues such as plastic on the road and automobile emissions than they do about aircraft emissions, with only about 17% of the travellers interviewed showing any knowledge of this.
The immense fuel consumption is a significant part of the problem with a 2006 report placing this amount at 187 million tonnes of jet fuel (also called Aviation Turbine Fuel) burnt globally in just one year. This consumption was exclusively by scheduled civil aircrafts with a further increase of about 10% seen when ground operations and unscheduled flights were included[7]. In India alone, airlines consumed and burnt about 3.3 million tonnes of fuel in 2005, which grew by 40% over the next 5 years[8].
All of these factors are the reasons for the environmental impact of this sector.
A Global Identification of this Impact:
The EU has, on several occasions, called for urgent action to be taken, especially against the issues of noise pollution caused by the sector and its operations, and the effect on air quality and the climate. Studies have recognized that if no precautionary measures are taken immediately to curb this impact, the international community will have to give more importance to the environment which will become a constraint on the development of the aviation sector[9].
The EU has given more legislative focus to the climate impact while the US and several other nations have prioritized local air quality. But, irrespective of the point of focus, most nations have attempted to regulate the industry and its rate of consumption through taxes, fees and charges. Several campaigns have also been supported by governments calling for a reduction in the reliance placed on air travel, promoting other modes of transport domestically, to manage demand.
One reason for the slow progress of such campaigns and initiatives is that nations such as the US do not have a definitive program to study and assess these impacts. Without State supported data, attempts at developing feasible technological and operational solutions becomes difficult, and policies fail to quickly adapt to changes in conditions. On the back of increasing demand throughout Asia, interdependent alternatives and options will have to be arrived at to promote sustainable growth of the industry while protecting the environment.
The US also has a legislation called the Vision 100–Century of Aviation Reauthorization Act[10] under which the Congress had conducted a study in 2003 in exercise of its powers under Section 321 which states that the Secretary of Transportation along with the Administrator of NASA shall conduct a study focussed on methods to reduce noise pollution and emissions caused by aircrafts, and attempt to increase fuel efficiency. This study was considered important in the global context since it involved the combined efforts of NASA, FAA, the Environmental Protection Agency, Department of Defence and other local bodies.
The Environmental Problems and Challenges Caused by the Aviation Sector:
The problem is that emissions from aircrafts have an impact on air quality and the climate, and while this effect is relatively lower than the emissions from other economic and industrial sectors, the reason it is of concern is that the harm occurs in more climatically sensitive parts of the atmosphere, i.e., the troposphere and lower stratosphere. Further, at these higher altitudes, the spread of emissions is distributed over larger distances. This mainly includes carbon dioxide released due to the burning of fuel which makes up about 70% of the emissions, with the remainder including carbon monoxide, nitrogen oxides and particulate matter from smoke[11]. This amounts to about 13% of the total emission of CO2 from the transportation industry[12].
The problem is that the amount of emissions have tripled since 1994[13] and, at the current rate, even if most aircrafts use fuel efficient engines to reduce the amount of emissions, the sector is expected to see a 2-3% increase in these pollutants over the next few decades. Since these greenhouse gases are large-scale causes for global warming and climate change, the climate impact of aviation is detrimental.
However, the impact isn’t only restricted to climate change since these pollutants also effect air quality and contribute to air pollution. Most health issues arising from air pollution are caused by particulate matter that is also present in these emissions[14]. This, in turn, has led to over 25,000 premature deaths caused by air pollution in the US alone[15]. Studies have also found that the effect of emissions from cruising airlines is five times higher than the effect on the ground[16].
The effect of these emissions on people’s health is that carbon monoxide leads to cardiovascular complications; nitrogen oxides cause lung problems and low immunity against respiratory infections, and particulate matters cause premature death, respiratory and cardiovascular problems, and changes to lung tissue and lung structure[17].
Finally, the booming noise produced from the engines is harmful to the environment and people. This tends to have a greater impact on the health of people living near airports. A study[18] found that nearly 0.5 million people in the US lived in these areas and were subjected to noise levels above 65 dB. Similar reports have been recorded in Europe and Asia where experts worry that the noise from aircrafts around national parks and wildlife sanctuaries will harm animal and plant life, especially in case of low frequency noise.
From this, it becomes clear that several pollutants released not only from aircrafts while cruising but also from airports and on-ground operations are a major source of total global emissions. The more direct effect is seen on the climate, while a secondary impact is seen on the air quality of surrounding areas. When nations prioritize environmental and human health, the only alternative is to slow the growth rate of this sector, in the absence of technological and legislative regulations and solutions. However, this cannot be seen as a viable solution since the world is becoming increasingly dependent on air transport to quickly travel to different parts of the globe. Similarly, the noise and emissions released from airports also lead to stagnation in this development since several litigation claims argue that toxic gases are released into nearby communities which cause adverse health problems, especially respiratory.
To avoid a worsening of these problems, several existing treaties and conventions such as the United Nations Framework Convention on Climate Change Kyoto Protocol have been put in place to deal with greenhouse gas emissions in general, while more specific authorities such as the International Civil Aviation Organization have been tasked with the mandate of implementing these rules and norms in international aviation. Several nations such as the US are also attempting to solve these problems through their domestic laws.
International and National Legislations to Combat this Impact:
- International Conventions
One of the most important legislations considered when discussing this problem is the Kyoto Protocol of 1997 as a part of the United Nations Framework Convention on Climate Change. While this provides more general guidelines and standards to regulate the emission of greenhouse gases into the atmosphere, it also creates an important distinction between developing and developed countries. This becomes necessary in respect of sustainable development of nations since developing countries need to focus on more industrial and economic growth while developed countries with self-sufficient economies can afford to fund and support environmental campaigns at the cost of slower industrialization[19]. Thus, the Protocol places more responsibility on these developed nations.
Further, Article 2.2 of the Protocol states that the ICAO must focus on maintaining limited emissions from international aviation. The Protocol has also included domestic aviation emissions as a part of its national inventory listing sources of emission, and has mentioned limits and reduced standards to be maintained for these.
As an enforcement agency, the ICAO which is an organ of the UN founded at the Chicago Convention of 1944, has an important role to play in further laying down standards and recommended practices to be followed by contracting States to ensure the safe development of civil aviation[20]. The ICAO Council further set up the Committee on Aviation Environmental Protection in 1983 to deal with more technical issues and to arrive at strategic objectives. The Committee was to provide certain recommendations to solve this problem while adhering to the technical and economic feasibility of each mitigating solution, the enhanced environmental benefits, and the interdependencies that could arise[21]. An important part of its work included setting noise and engine emission standards.
Later, recognizing the need for more international cooperation, a Group on International Aviation and Climate Change (GIACC) was created in 2008 comprising representatives of multiple ICAO regions. Its function was to formulate the ICAO Program of Action on International Aviation and Climate Change[22].
However, these international Conventions and authorities have not been fool-proof solutions, and are thus not enough to reverse the existing problem. The GIACC was criticized for failing to fulfil any of its duties towards reducing greenhouse gas emissions despite conducting multiple international meetings since its inception. It had also failed to arrive at a binding policy measure. This was attributed to a legislative deadlock between the Chicago Convention and the Kyoto Protocol. While Article 44 of the Chicago Convention provides that the ICAO needs fair and non-discriminatory support from its contracting States when developing its policies, the Protocol’s Common but Differentiated Responsibility which creates distinguished duties between developed and developing nations acts as a contradictory provision to the requirement which has obstructed negotiations between contracting States[23].
When Article 24 of the Chicago Convention[24] is applied in this process of formulating regulatory policies, it becomes an obstacle since it states that aircrafts flying to, from or across a contracting State shall not be subject to duty for that period, subject to the customs laws of that State. Thus, any equipment, spare parts, fuel or lubricating oil which are stored on board an aircraft shall be exempted from customs duty and any national inspection fees or charges when it arrives in the territory of another Contracting State, provided that this material is retained on board even after the aircraft leaves that territory. While the intention of this Convention was not intended to hamper the process, no policy can be implemented to control emissions by imposing any taxation on fuel.
Despite these challenges and obstacles, several internationally binding standards and rules have been included in the Convention on International Aviation[25] which deals with issues of noise and engine emissions.
To specifically provide measures to improve air quality, the ICAO has also set maximum standards of emissions that are permissible around airports for carbon monoxide, nitrogen oxides, unburned hydrocarbons and particulate matter from commercial aircraft engines. Over time, the levels set for nitrogen oxides were made more stringent[26] while the meetings of CAEP to strategically implement these standards resulted in new standards and norms for CO2 emissions in 2013.
- Indian Regulations
Apart from these efforts made by the international community, the Indian government has also attempted to formulate and enforce national laws and rules of civil aviation in this regard. This is done by the Ministry of Civil Aviation which is tasked with the responsibility of drafting such policies necessary to regulate the domestic and international sector. Along with its working, the Directorate General of Civil Aviation is tasked with ensuring stringent enforcement and adherence.
The DGCA has stated that a part of its duty involves keeping checks on the extent of emissions from engines, and on the amount of noise pollution caused by aircrafts[27]. This responsibility arises out of the ICAO rules[28] promoting collaborative efforts of State agencies. Further, the DGCA established the Aviation Environmental Unit in 2009 where the main function was to strategically deal with consequent environmental problems in the sector by providing feasible recommendations, especially in respect of fuel consumption efficiency, reducing CO2 emissions and noise pollution. This body also provided guidelines to be followed by airports, airline companies and air navigation services in setting up environmental units within their respective organizations.
The DGCA had also released a circular in 2011 mandating airline companies to submit a monthly report of their fuel consumption which would be used to create a CO2 emission inventory[29].
The Airport Authority of India acts as a regulatory body managing both civil and defence airports and airfields. Due to its control over ground operations, it also plays a vital role in ensuring adherence to these policies by associated services of the sector. The proposed Future Indian Air Navigation System Master Plan needs to be quickly implemented to develop automated technological systems necessary to better manage the Indian airspace.
Conclusion:
Existing efforts being made to sustainably develop the aviation sector may not be sufficient to slow down the rate and extent of damage, but are a clear indication of the potential to technologically and legally adapt to more stringent environmental norms. However, simply formulating new policies and laws will not solve the problem if it isn’t backed by effective implementation mechanisms and regulatory systems that first resolve hindrances caused by airport congestion and air traffic optimization to minimize the pressure on airline companies to meet growing demands.
The problem remains that no substantive framework exists in India that solely deals with this environmental impact, with existing laws and rules mentioning this subject as a secondary objective. However, the Aviation Environmental Unit is a step towards betterment despite the AEU having a restricted scope of functioning limited to noise control and maintaining emission inventories. This makes it clear that new proposed authorities need to be empowered with wider scopes.
Inspired by the ICAO and its duties, India must also focus on introducing a global aviation tax where revenue received is then transferred to developing countries as recognized by the ICAO principle. This will promote global cooperation and will resolve the existing jurisdictional issue of tax implementation.
Finally, the most basic solution is to encourage information diffusion among various stakeholders of the industry including airports, passengers and airline companies globally. This will work similar to the Knowledge accumulation and information diffusion in India has to be fostered among Asia and South Pacific Partnership to Reduction Emissions where participating nations partner to share information and data regarding emissions and technological advancements.
To achieve a healthy interrelation and co-existence between the aviation sector and the environment, it becomes clear that more nations need to coordinate and cooperate so that uniform global norms can exist. This will also lead to the development of better metrics which will guide policy decisions and research investments. Only if these objectives are worked towards, will the objective of technological and legislative advancements succeed.
[1] CAPA 2010, “Preparing for Long Term Growth of Indian Aviation”, New Delhi
[2] Airbus 2010, “Global Market Forecast 2009-2029”, Toulouse
[3] http://www.atag.org/facts-and-figures.html
[4] ibid
[5] IPCC, “IPCC Special Report Aviation and the Global Atmosphere”, 1999
[6] Gossling, https://www.smithsonianmag.com/travel/how-bad-is-air-travel-for-the-environment-51166834/, Zanzibar
[7] ICAO 2010, “Environmental Report 2010”
[8] Government of India, “Basic Statistics on Indian Petroleum & Natural Gas”, Ministry of Petroleum & Natural Gas, 2010, New Delhi
[9] Alan Schein/CORBIS, Report to the United States Congress: Aviation and the Environment, 2004
[10] H.R. 2115, Public Law, p 108-176
[11] FAA 2005, “Aviation & Emissions: A Primer”
[12] Supra note 5
[13] INCCA 2010, “India: Greenhouse Gas Emissions 2007”, Executive Summary
[14] Kollmuss A, “Carbon Offsetting & Air Travel, Part 2: Non-CO2 Emissions Calculations”, SEI Discussion Paper, 2009
[15] Tarrason, L., “Study on Air Quality Impacts of Non-LTO Emissions from Aviation”, NMI, 2004
[16] Barrett, S.R.H, “Global Mortality Attributable to Aircraft Cruise Emissions”, Environ. Sci. Technol., 2010, 44, 7736-7742
[17] ICAO 2010, Environmental Report 2010
[18] Federal Interagency Committee on Aviation Noise, “Aviation Noise Research Conducted by FICAN Member Agencies,” Harris, Miller, Miller and Hanson, Inc. August 1998
[19] Dobbie, L., “Air Transport: A Global Approach to Sustainability”, International Air Transport Association, Geneva, Switzerland, 1999
[20] International Civil Aviation Organization, “Consolidated Statement of Continuing ICAO Policies and Practices Related to Environmental Protection”, Assembly Resolution A33-7, 2001
[21] International Civil Aviation Organization, “Report of the Committee on Aviation Environmental Protection” Fifth Meeting, Montreal, Canada, January 2001
[22] Supra note 7
[23] CE Delft, “Left on the High Seas. Global Climate Policies for International Transport”, Delft, 2008
[24] http://www.icao.int/icaonet/dcs/7300.html
[25] Annex 16, Volume I and II
[26] Supra note 7
[27]Government of India, “Office of the Director General of Civil Aviation: Duties, Functions & Responsibilities”, New Delhi
[28] Annex 16
[29] Government of India, “Economic Survey 2010-2011, Energy, Infrastructure and Communications”, 2011, New Delhi, p.278
YLCC would like to thank Dylan Sharma for his valuable inputs in this article.
