U.S. Environmental Protection Agency 

Documentation of OMB Review Under Executive Order 12866 

Title of Action: 

Docket#: FRL#: RIN:

This action was submitted to the Office of Management and Budget (OMB) for review under Executive Order (E.O.) 

12866, titled Regulatory Planning and Review (58 FR 51735, October 4, 1993). Whenever EPA makes publicly available 

a regulatory action that was reviewed under E.O. 12866, section 6(a)(3)(E) of the E.O. directs the Agency to also: 

(1) Make available to the public a copy of the information that was provided to OMB’s Office of Information and 

Regulatory Affairs (OIRA) for review under the E.O., i.e., the text of the draft regulatory action and, if applicable, 

an assessment of the potential costs and benefits, as well as additional information for those actions that are 

determined to be economically significant under the E.O. (Information requirements are described in sections 

6(a)(3)(B) and (C)). 

(2) Identify for the public any substantive changes between the draft submitted to OIRA and the action that was 

subsequently issued, using a method that is complete, clear, and simple. 

(3) Identify for the public those substantive changes made at the suggestion or recommendation of OIRA.

For this regulatory action, were substantive changes made to information reviewed under E.O. 

12866? [Please check the appropriate answer.]

No. [In the docket, include the information identified in item (1) below.]

Yes. [In the docket, include the information identified in items (1) – (3) below.]

Accordingly, the Agency has included this form and the following information in the public 

docket for this regulatory action: [Please check the appropriate information.]

(1) A copy of the information that was provided to OIRA for review under the E.O. 

(2) Documentation of any substantive changes made to the draft regulatory text that was 

submitted to OIRA when compared with what was subsequently made publicly available.

The documentation is provided on the pages following this form. Changes made at the 

suggestion or recommendation of OIRA, if any, are clearly identified through attribution to 

OIRA. EPA has used one or more of the following methods to note changes: [Select the 

appropriate option(s).]

(a) Redline-Strikeout – A copy of the draft regulatory action submitted, using redlinestrikeout to show the substantive changes that were made.

(b) Hand Markup – A copy of the draft regulatory action submitted, using handwritten notes 

to show the substantive changes that were made.

(c) Note to the file - A document that identifies the substantive changes that were made, 

with page and paragraph references to the draft regulatory action that was submitted.

If you have any questions about this regulatory action or this documentation, please call the 

contact:

Name: Email: Phone: 

Revised 05/05/2010 

Effluent Limitations Guidelines and New Source Performance Standards for the Airport Deicing Category;

Final Rule

EPA-HQ-OW-2004-0038 9667-6 2040-AE69

Eric Strassler strassler.eric@epa.gov 202-566-1026
Environmental Protection Agency 

Action: Effluent Guidelines and Standards for the Airport Deicing Category; Final Rule 

Docket No. EPA-HQ-OW-2004-0038 

April 2012 

Summary of Substantive Changes in the Final Rule Reviewed by OMB Office of Information 

and Regulatory Affairs

1. Best Available Technology (BAT): aircraft deicing requirements. 

 The version of the rule submitted to OMB would have required 40% collection of 

available aircraft deicing fluid (ADF) for all in-scope existing sources, and a numeric 

effluent limitation for direct discharge of chemical oxygen demand (COD). See 40 CFR 

449.10(a) in 5/25/2011 draft rule (page 136). 

 The final rule did not include the collection requirement and COD effluent limitation. In 

the final rule, ADF collection and discharge limitations for all existing sources are subject 

to the best professional judgment (BPJ) of the permit authority. (Status quo; no regulatory 

language needed in Part 449.) 

2. Applicability of New Source Performance Standards (NSPS) for aircraft deicing 

 The version of the rule submitted to OMB would have required new sources in specific 

geographic regions with at least 1,000 annual non-propeller aircraft departures to collect 

60% of available ADF and meet a numeric effluent limitation for COD. See 40 CFR 

449.11 in 5/25/2011 draft rule (p. 137). 

 The final NSPS requirements for aircraft deicing discharges apply to new sources in the 

same specific geographic regions,( excluding Alaska) with greater than 10,000 annual 

departures to collect 60% of available ADF and meet a numeric effluent limitation for 

COD. See 40 CFR 449.11(a) in final rule (p. 136). 

 The final rule NSPS collection and treatment requirements are not applicable to airports 

located in Alaska. ADF collection and discharge limitations for new sources in Alaska 

are subject to BPJ. See 40 CFR 449.11(a) in final rule (p. 136).