U.S. Environmental Protection Agency



### Documentation of OMB Review Under Executive Order 12866

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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.
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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 202-566-1026Environmental Protection Agency Action: Effluent Guidelines and Standards fo r the Airport Deicing Category; Final Rule Docket No. EPA-HQ-OW-2004-0038 April 2012

Summary of Substantive Change s 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 fl uid (ADF) for all in-scope ex isting 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 collecti on requirement and COD effluent limitation. In the final rule, ADF collection and discharge limitations for all existing sources are subject to the best professional judgme nt (BPJ) of the permit authorit y. (Status quo; no regulatory language needed in Part 449.)

2. Applicability of New Source Performan ce 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 no n-propeller aircraft de partures 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 deicin g discharges apply to new sources in the same specific geographic regions,( excludi ng Alaska) with greater than 10,000 annual departures to collect 60% of available ADF and meet a numeric e ffluent limitation for COD. See 40 CFR 449.11(a) in final rule (p. 136).

 The final rule NSPS collection and treatment re quirements are not applicable to airports located in Alaska. ADF collection and discha rge limitations for new sources in Alaska are subject to BPJ. See 40 CFR 449. 11(a) in final rule (p. 136).