AirlinesforAmerica'·

Via Hand Delivery Mr. Robert K. Wood 

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U.S. Environmental Protection Agency Ariel Rios Building Mail Code: 450n 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 Dear Mr. Wood: Regional Airline Association

January 30,2012

The Airports Council International- North America (ACI-NA), the American Association ofAirport Executives (AAAE), Airlines for America (A4A), and the Regional Airline Association (RAA) have created a program to work together, on a national basis, to reduce discharges to the environment associated with aircraft deicing activities, which will further enhance our nation's waters and aquatic ecosystems. While purely a voluntary industry program, we believe that the attached framework will help to document the benefits associated with the industry's past and future commitment to preventing pollution and implementing technologies that help to reduce any environmental risks associated with aircraft deicing operations. These associations have engaged with the U.S. Environmental Protection Agency for more than 15 years, providing significant insight, information, and assistance as the Agency analyzed environmental risks and technologies for reducing risks associated with applying aircraft deicing fluid (ADF) and managing ADF runoff at airports. During that same period, the industry has demonstrated its continued commitment to environmental protection. We believe that our five-year voluntary program (attached) will help to demonstrate the benefits ofthis commitment and achieve those benefits faster and more efficiently than through an Effluent Limitations Guidelines (ELG) standard, without compromising the ultimate purpose for using ADF, the safe travel ofthe American public. The specific details of our program are set forth in the attached document. We encourage you to review it with your staffand to consider the many benefits it offers. Ifyou have questions orwould like additional information, please contact any ofthe following individuals. Respectfully,

Timothy A. Pohle Senior Managing Director, Environmental Affairs Airlines for America

Liam R. Connolly Senior Director, Regulatory Affairs Regional Airline Association eg President Airports Council International - North America

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el sa Sabatine Vice President, Regulatory Affairs American Association ofAirport Executives

### REDUCING POLLUTION ASSOCIATED WITH AIRCRAFT DEICING ACTIVITIES INTRODUCTION I. Industry) adopts this Voluntary Pollution Reduction Program ("Voluntary Program") with the goal ofachieving, on a national basis, substantial adoption ofPollution Reduction Technologies that will reduce discharges to the environment associated with aircraft deicing activities, enhancing ournation's waters and aquatic ecosystems. PollutionReduction Technologies may include, butare not limitedto: A. Pollution Prevention: examples may include improved Aircraft Deicing Fluid ("ADF") (e.g., ADF formulations that exert a lower oxygen demand in waters), improved ADF application techniques (e.g., application systems that utilize less ADF while maintaining flight safety), weather forecasting technologies that allow more efficientuse ofADF, physical snow/ice removal techniques, enhanced training, ice-phobic materials on aircraft; and B. ADF-Impacted StormwaterManagement: examples may include systems and processes for collecting, storing, treating, recycling and/or otherwise managing the runoffthat results from applying ADF to aircraft. II. The Voluntary Program will be implemented over a 5 yearperiod from September 30, 2012 to September 30,2017 (the "Program Period") and will consist ofthe following seven components listed below and further described herein: A. Conduct outreach and facilitate information exchange regarding this Voluntary Program; B. Encourage the development, testing and commercially appropriate deployment of PollutionReduction Technologies;

) A4A, ACI-NA, AAAE and RAA



### 1C. Provide information characterizingthe environmental benefits ofappropriate Pollution Reduction Technologies; D. Develop a quantitative pollutionreduction goal to be achieved through the adoption ofPollution Reduction Technologies; E. Provide an inventory ofadopted PollutionReduction Technologies; F. Compare the environmental benefits ofadopted Pollution Reduction Technologies with the quantitative pollution reduction goal; and G. Report the results ofthe six components above to the U.S. Environmental Protection Agency ("EPA"). 

### STRUCTURE OF VOLUNTARY PROGRAM III. This Voluntary Program is structured to reflect the unique nature ofthe air transportation industry and aircraft deicing activity. Unique factors not commonto other industries include: A. The use of ADF is critical to the safe operation ofaircraft under certain operating conditions and is mandatedby federal law and the Federal Aviation Administration ("FAA"); B. The frequency and intensity ofaircraft deicing and associated activities are dictated by natural processes beyond human control (specifically weather conditions) and are a function offleet mix, frequency ofaircraft operations, the role and location ofan airport facility within the National Airspace System, and many otherfactors; C. Aircraft deicing only occurs seasonally and, in many areas ofthe country when it does occur, it occurs only intermittently and for shorttime periods; D. Airtransportation is an extremelyheavily regulated activity, particularly to ensure safety ofoperations. Suchregulations include:

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### 1. Object free areas; 2. Height restrictions; 3. 

### Vehicular movement; 4. 

### Occupational/environmental; 5. Etc.; E. There is no "average airport." Airports are highly variable regarding geology, hydrology, climate, weather, geographic location, environmental conditions, etc.; F. The existing infrastructure at airports, constraints on adding infrastructure (e.g., 

### availability ofon-site land) and access to facilities not under Industry control 

### (e.g., publicly-owned treatment works (POTWs)), will vary; and G. Performance and implementation ofspecific Pollution Reduction Technologies will vary based on above factors. IV. Owing to these unique factors and the fact that the Clean Water Act's existing stormwater permitting program addresses discharges associated with aircraft deicing activities, it is understood that this Voluntary Program does not and shall notbe construed to: A. 

### Impose or imply any unique, specific or additional obligation on any individual airport, airline, fixed-base operator or other entity to deploy any specific Pollution Reduction Technology; B. 

### Impose orimply any constraint or limit ofany type on ADF usage; C. Impose or imply any constraint or limit ofany type (including effluent limit) on any specific discharges associated with ADF usage; or D. Impose or imply any constraint or limit ofany type on aircraft operations. PROGRAM COMPONENTS

3V. 

### Outreach to FacilitateInformation Exchange: Industry, to the extentpracticable and subject to legal restraints, will facilitate information exchange regarding Pollution Reduction Technologies through the following avenues: A. ACI-NA/A4A Deicing Conference (conducted at leastbiennially) (EPA, FAA and other government agencies staffare invited to participate as appropriate); B. AAAE Large Hub Winter Operations and Deicing Conference: C. A4A Environment Council; D. ACI-NA Environmental Affairs Committee; E. AAAE Environmental Services Committee; and F. RAA Environmental Committee. G. This Component is subjectto and limited by antitrust prohibitions precluding exchange ofinformation or agreements regarding subjects such as: price or service-relatedterms (e.g., service fees, warranty terms, methods ofrecouping costs); boycotts orblacklists (e.g., limiting orrefusing to do business with suppliers orcategory ofsuppliers); requiring suppliers to use certain standards or specifications; competitively-sensitive internal information (e.g., product pricing, cost-effectiveness); or contractbids or requests for proposals. H. Reporting on the activities ofthe Industry Associations is subjectto each Association's bylaws, etc.

4VI. 

### EncourageDeveloping, Testing andDeployingPollution Reduction Technologies: Industry, to the extentpracticable and subjectto legal restraints, will encourage development, testing and, as commercially appropriate (as determined by Industry), deployment ofPollution Reduction Technologies. Recognizing association activities are subjectto applicable by-laws, examples ofpotential activities include: A. Industryparticipation in SAE G-12 Committee (Aircraft Deicing Fluids Committee, Aircraft Deicing Facilities Committee,NewTechnologies Committee, etc.); B. Industry will work with FAA, DOT, NASA and DOD to encourage technology development and deployment; and C. This Component is subjectto and limitedby antitrust prohibitions precluding exchange ofinformation or agreements regarding subjects such as: price or service-related terms (e.g., service fees, warrantyterms, methods ofrecouping costs); boycotts orblacklists 

### (e.g., limiting orrefusing to do business with suppliers or category ofsuppliers); requiring suppliers to use certain standards or specifications; competitively-sensitive internal information (e.g., productpricing, cost-effectiveness); orcontractbids orrequests for proposals. VII. 

### Characterize theEnvironmentalBenefits of Pollution Reduction Technologies: Industry will gather "existingreadily available public information" to characterize the environmental benefits ofspecific PollutionReduction Technologies, including: A. Manufacturer-Provided Information, for example, regarding environmental characteristics ofADF and fluid savings associated with use ofADF trucks; B. Research/Reports, for example, ACRP Report 14 (Deicing Planning Guidelines and Practices for StormwaterManagement Systems) (2009); C. Studies/analyses/assessmentsregarding the estimated benefits ofappropriate pollutionpreventiontechnologies and stormwatermanagementmethods;

5D. Forthe purposes ofthisVoluntary Agreement, "existing, readily available public information" is meantto identify readily-available manufacturer information, reports, and studies/analyses/assessments ofvarious PollutionReduction Technologies assembled bythe Industry that are deemed appropriate for public disclosure bythe entity that undertook orcommissioned the study. Itis not meant to include orrequire: 1. Feasibility studies or otherPollution Reduction Technology assessments that may have been consideredbuthave notbeen deployed; 2. Initiating orcompleting any study/analysis/assessmentto quantify or estimatethe benefit ofmeasures adopted; or 3. Disclosing any study/analysis/assessmentthat quantifies orestimates the benefit ofmeasures adopted, but which may be considered to be confidential for any reason by its owner. VIII. 

### Develop a QuantitativePollution Reduction Goal: Industry agrees to develop a quantitative pollution reduction goal that, on a national basis, will reflect a substantial adoption ofPollution Reduction Technologies, enhancing ournation's waters and aquatic ecosystems. This pollutionreduction goal will be stated in terms ofa national estimate of the reduction inoxygen demand projectedto result from Pollution Reduction Technologies adopted during the Defined Period relative to what otherwise would have occurred absent industry adoption ofsuch technologies. Industry may also document significantreductions in oxygen demandresulting from the adoption ofPollution Reduction Technologies priorto the Defined Period.

IX. 

### InventoryPollutionReduction TechnologiesAdopted: Industry will inventory Pollution Reduction Technologies adopted during the Defined Period at the Defined Set ofAirports (and at other airports at the Industry's discretion). A. "Defined Set ofAirports"

- means a list ofairports at which, collectively on a national basis, approximately 80 percent ofthe ADF typically is applied.

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### Additional airports may be included at Industry's discretion at any time during the Program. B. 

### Industry will identify the Pollution Reduction Technologies adopted during the Defined Period through one ormore surveys conducted by Industry during and/or at the conclusion ofthe Program. The Defined Period shall be the period from January 1,2005 to September 30, 2017. 

### X. Compare theEnvironmentalBenefits of Pollution Reduction Technologies with the Quantitative PollutionReduction Goal: Industry will compare the environmental benefits ofPollution Reduction Technologies adopted during the Defined Period to the quantitative pollution reduction goal established under this Program. XI. 

### Reporting: Industry will report to EPA on the Voluntary Program as follows: A. Initial 

### Report: No later thanNovember 30, 2012, Industry will provide a report consisting ofthe following: 1. The list ofairports included in the "Defined Set ofAirports;" and 2. A summary ofany outreach that has been conducted orplanned to facilitate the information exchange in support ofthe Voluntary Program (this summary may be in the form ofa table or otheruseful format). B. 

### PhaseI 

### Report: No laterthan September 30,2014, Industry will provide a report consisting ofthe following: 1. A summary ofIndustry activities that have been conducted orplanned from the time the Initial Report was filed to:

a. further facilitate information exchange and outreach; and b. encourage the development, testing and, as commercially appropriate, deployment ofPollution Reduction Technologies;

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### 2. Publicly available information characterizing the environmental benefits ofPollution Reduction Technologies developed in accordance with VII, above; and 3. An articulation ofthe quantitative pollution reduction goal developed in accordance with VIII, above. 

## c. Phase II Report: 

### No later than 60-days following the Program's September 30, 2017 closing date, Industry will provide a report consisting ofthe following: 1. An update ofelements 1and 2 ofthe Phase I Report; and 2. A comparison ofthe environmental benefits ofthe Pollution Reduction Technologies adopted during the Defined Period to the pollutionreduction goal developed in accordance with VIII, above. XII. Summary ofKey Dates Establish/Initiate Voluntary Program September 30,2012 Initial Report November 30,2012 Phase I Report September 30, 2014 End Voluntary Program September 30,2017 Phase II Report November 30, 2017

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