ENVIRONMENTAL IMPACTS OF AVIATION ACTIVITIES

1. ENVIRONMENTAL IMPACTS OF AVIATION ACTIVITIES By Professor Olanrewaju .A. Fagbohun, Ph.D ChikeIdigbe Distinguished Professor of Law Nigerian Institute of Advanced Legal Studies University of Lagos Campus Akoka, Lagos Presentation made at the “Roundtable on Aviation and Space Law: New Trends” Organized by the Nigerian Institute of Advanced Legal Studies at the Old Court Room, Supreme Court Complex, Abuja, Nigeria. 23rd April, 2013 E-mail: fagbohun@elri-ng.org

2. The Aviation Sector • One of the fastest growing industries worldwide, and the fastest growing transportation mode; • Associated with a number of social and economic benefits • Economic development; • Convenient and fast; • Employment opportunities. • Future growth potential is expected to be massive; • About 2.3 billion passengers were transported in 2009; • Projection is that this will increase by 4.8% per year till 2006. • Rising demand for air travel will continue.

3. Areas of Future Growth • Passenger Aviation • 1995 – worldwide total of passenger kilometres flown was 2,537billion; • 2015 – ‘the base case’ forecast has an estimate of 5,639 billion; • 2050 – projection of 450% increase will take it to 13,934 billion. • Freight Aviation • Forecasts predict that by 2050 there could be as many as 19,000 freight aircrafts; • Traditional pattern of supply (local consumption meeting local production) is giving way to global supply lines due to population increase and ineffective governance; • WTO regime is encouraging strongly liberalized and deregulated styles of economic activity (China, India etc). • Recreational Flight • Leisure pursuits, specialized flights (evangelism) and exotic flights are on the increase.

4. The Environmental Impact • Aviation Growth have serious implications for the environment: • Pollution at local and global levels; • Land use planning (terminals and runways); • Increase in greenhouse gases causing climate change.

5. The Noise Footprint • Aircraft noise is a serious problem around all airports; • WHO recommended noise levels: ContextdB(A) Bedroom 30Leq Balconies, terraces, gardens 55Leq Outdoors at night time 45Leq Schools and Classrooms 35Leq Outdoor Playgrounds 55Leq Inside Hospitals 35Leq Single noise event in dwelling 45Lmax Source:Community Noise (1993), World Health Organization Copenhagen, Denmark

6. Noise Impact on Human Health • Hearing Impairment; • Pain; • Stress; • Sensitivity to noise and annoyance; • Sleep disturbance; • Sensitivity with communication and speech perception; • Psycho-physiological reaction during sleep (including effects on heart rate, finger pulse and respiration);

7. Noise Impact on Human Health… • Cardiovascular effect; • Psycho endocrine effects; • Dulled startle reflex and orienting response; • Nausea, headaches, irritability, argumentativeness, reduction in sexual drive, anxiety, nervousness, insomia, abnormal somnolence and loss of appetite; • Mental disorders; • Impaired task performance and productivity; • Detrimental impact on children’s education and cognitive development; • Damaging effects on positive social behaviours.

8. Air Pollution • Exhaust gases from aircrafts; • Supply and maintenance equipment/facilities; • Fuel depots with storage tanks, fuel lines and refueling facilities (significant evaporation of volatile organic compounds); • Heavy road traffic generated by airports.

9. Realities from Research Findings • Airports rank with chemical factories, oil refineries and power stations among to four emitters of nitrogen oxides and VOCs; • New York’s Kennedy airport is the largest source of nitrogen oxides in the city, and second largest source of VOCs; • Frankfurt airport was responsible for 74% of unburnt hydrocarbons within Frankfurt area, and 40-44% of carbon monoxide, sulphur dioxide and nitrogen dioxide; • Heathrow airport was responsible for 59% of nitrogen, 76% of sulphur dioxide, 48% of VOCs and 45% of carbon monoxide.

10. Health Damage from Toxic Emissions Representative Health Effects from Local Air Quality Pollutants Source: ICAO 2010, Environmental Report 2010

11. Aviation and Climate Change • Emission of man-made greenhouse gases such as carbon dioxide ozone, methane, sulphate, soot aerosols etc, gives rise to extra warming and an increase in the average temperature of the planet; • IPCC special report concluded that aircraft emissions in 1992 were responsible for 3.5% of the total radiative forcing by all anthropogenic activities.

12. The IPCC Report The report’s findings support the following: • Aircraft release more than 600 million tones of the world’s major greenhouse gas CO2 into the atmosphere each year. • Aircraft cause about 3.5% of global warning from all human activities. • Aircraft greenhouse emissions will continue to rise and could contribute up to 15% of global warming from all human activities within 50 years. • Nitrogen oxides (NOx) and water vapour have a more significant effect on the climate when emitted at altitude than at ground level. Hence any strategy to reduce aircraft emissions will need to consider other greenhouse gases and not just CO2 alone.

13. The IPCC Report… • An increase in supersonic aircraft flying could further damage the ozone layer as aircraft emissions of NOx deplete ozone concentrations at high altitudes, where these aircraft would typically fly. • Aircraft vapour trails or contrails, often visible from the ground, can lead to the formation of cirrus clouds. Both contrails and cirrus clouds warm the earth’s surface magnifying the global warning effect of aviation. • The impacts on the global atmosphere from air travel will be concentrated over Europe and the USA where 70-80% of all flights occur. Hence the regional climatic impacts of aircraft emissions over these areas are likely to be greater than predicted by the IPCC (which used global averages).

14. The Regulatory Framework • Articles 2.2 of the Kyoto Protocol states that emission limitations from international aviation shall be pursued through the International Civil Aviation Organization (ICAO); • ICAO set standards and recommend practices for the safe and orderly development of international civil aviation (including enhancing safety, security, environmental protection and sustainable development for air transport);

15. The Regulatory Framework • ICAO in 1983 established the Committee on Aviation Environmental Protection (CAEP): • Technical feasibility; • Economic reasonableness; • Environmental benefit; • Consideration of the potential interdependencies (trade-offs) with other mitigation measures. • Group on International Aviation and Climate Change (GIACC) was also formed in January, 2008. • to develop ICAO Program of Action on International Aviation and Climate Change.

16. The Obstacles • Not much has been achieved!!! (Inaction and Deadlock) • ICAO’s Art. 4.4 non-discriminatory treatment between all contracting states vs. common but differentiated responsibility principle under UNFCCC’s Kyoto; • Article 24 of Chicago Convention: “Aircraft on a flight to, from, or across the territory of another contracting state shall be admitted temporarily free of duty, subject to the customs regulation of the state; Fuel, lubricating oil, spare parts, regular equipment and aircraft stored on board an aircraft of a Contracting State, on arrival in the territory of another Contracting State and retained on board on leaving the territory of that State shall be exempt from customs duty, inspection fees or similar national or local duties and charges”. • Basis of exemption from fuel taxation and sales taxation on tickets (Disadvantage from emission control).

17. Emission Controls Achieved by CAEP • International binding environmental standards for aircrafts in relation to aircraft noise and engine emissions are delineated in Annex 16; • In 1981, ICAO adopted standards for unburned hydrocarbons, carbon monoxide, oxides of nitrogen and smoke from newly manufactured commercial jet engines; • New standards that will become effective December 31, 2013 has tightened further for large engines.

18. Emission Reduction Potentials • Aircraft being manufactured today are 80% more fuel efficient than they were in the 1960s: • Changes in aircraft design, engine design, fleet upgrade and operations management. • Technological Improvements: • From component based design to full integrated design; • Use of advanced alloys and composite materials (glass-fibre, reinforced plastic) has reduced aircraft weights; • Innovative manufacturing techniques using advanced welding technologies (laser beam, electron beam, friction stir welding, new aircraft paints) has helped with friction drag.

19. Emission Reduction Potentials… • Sustainable alternative fuels (biomass, natural gas, hydrogen) • The 2009 Global Framework for Aviation Alternative Fuels (facilitating formation of numerous research initiatives); • Safety is the critical challenge for alternative aviation fuels (supply reliability, cost competitiveness, comparison of life cycle GHG emission, and problem with biofuel).

20. Emission Reduction Potentials… • Improved operational, maintenance and planning procedures • to achieve optimal levels of efficiency. • Air Traffic Management • Continuous descent operation (CDO) vs. Conventional approach procedures (steeped descent), contributes to less fuel and reduced noise footprints. • Airports • Integrated systems, Green Building Codes, Performance Based Navigation to optimise airspace utilization.

21. Policy Options • Levies (taxes vs. charges) • Possible types of taxation • Excise tax on aviation fuel • Ad valorem ticket tax • Departure and other trip charges • Emission Trading and Carbon Offsetting • EU in January 2012 included aviation activities in its emission trading scheme (ETS). • ICAO has threatened to block foregin carriers; • American Air Transport Association (ATA) and IATA have filed a law suit against EU ETS.

22. THANK YOU