UMTLD STATES ENVIRONMENT AL PROTLC TIOTJ AGENCY
WASHINGTON, D.C. 20460 '
H ® E D
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FEB 101992 !
U.S. E-A i HGIi, Jo
W^.T£R DIVISION
MEMORANDUM
SUBJECT: CERCLA Report!
Glycol from
FROM:
TO:
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S',.<~. V.-ASTr. A\-O EME HGE.NC v RESPONSE
OSWER Directive 9360.4-12
leases of Ethylene
ions
R. Clay
Assistant Ad
Director, Waste Management Division
Regions I, IV, V, VII, VIII
Director, Emergency and Remedial Response Division
Region II
Director, Air and Waste Management Division
Region II
Director, Hazardous Waste Management Division
Regions III, VI, IX
Director, Hazardous Waste Division
Region X
Director, Environmental Services Division
Regions I, VI, VII
PURPOSE
This directive provides the interpretation of the U.S.
Environmental Protection Agency (EPA or Agency) with respect to
reporting requirements under section 103(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)
for ethylene glycol releases that occur in connection with
airplane de-icing operations. Specifically, this directive sets
forth the Agency's position on the applicability of the federally
permitted release exemption and the continuous release reporting
regulation to releases of ethylene glycol from airplane de-icing
operations.
BACKGROUND
Ethylene glycol was added to the list of hazardous air
pollutants under section 112 of the Clean Air Act (CAA) pursuant
to the CAA Amendments of 1990. Under CERCLA section 101(14), any
hazardous air pollutant listed under CAA section 112(b) also is a
CERCLA hazardous substance and, therefore, ethylene glycol is
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subject to the reporting requirements set forth in section 103 of
CERCLA. Section 102(b) of CERCLA assigns a reportable quantity
(RQ) of one pound to ethylene glycol unless and until the
Administrator promulgates an adjusted RQ.
In addition, such releases may be reportable under section
304 of the Emergency Planning and Community Right-to-Know Act and
40 CFR 355.40 to the State emergency planning commission and the
local emergency planning committee for any area likely to be
affected by the release.
Ethylene glycol is used extensively by the airline industry
to de-ice aircraft prior to flight. Representatives of the
airline industry have expressed concern about the potential high
volume and frequency of reports that may be required as a result
of the statutory one-pound RQ for ethylene glycol.
OBJECTIVE
In response to airline industry concerns about CERCLA
reporting requirements, EPA hereby sets forth its position on the
applicability of the federally permitted release exemption and
continuous release reporting regulation "to releases of ethylene
glycol resulting from airplane de-icing operations.
IMPLEMENTATION
CERCLA section 101(9) defines "facility" broadly. As
applied to the use of ethylene glycol during aircraft de-icing,
the facility arguably may include the truck applying the de-icer,
the airplane to which the de-icer is applied, the entire airport,
or other entities depending on individual circumstances.
Currently, the person in charge of any facility from which a
release into the environment of one pound or more of ethylene
glycol in any 24-hour period occurs must report that release to
the National Response Center (NRC). See 40 CFR 302.6(a).
The Agency's primary concern is that all such releases of
ethylene glycol properly be reported in accordance with
applicable regulations, whether those reports are filed by one or
by several persons. Persons in charge of different facilities
may coordinate their actions to ensure that releases of an RQ or
more of ethylene glycol into the environment are reported. Each
person in charge of a facility, however, bears the burden of
ensuring that releases from that facility are reported properly
and accurately.
As explained below, certain releases of ethylene glycol frorr.
airplane de-icing operations may qualify as federally permitted
releases under CERCLA section 101(10). Additionally, certain
such releases also may qualify for reduced reporting pursuant to
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.he continuous release reporting regulation under CEP.CLA section
103(f)(2) and 40 CFR 302.8.
•
Federally Permitted Releases
Federally permitted releases are defined in CERCLA section
101(10); CERCLA section 103 exempts federally permitted releases
from CERCLA notification requirements. Federally permitted
releases include, among others, releases specified in and in
compliance with a National Pollutant Discharge Elimination System
(NPDES) permit issued pursuant to section 402 of the Clean Water
Act (CWA) (CERCLA section 101(10)(A)), and releases into a
publicly owned treatment works (POTW) when those releases are
specified in and in compliance with applicable pretreatment
standards and local limits issued pursuant to section 307 of the
CWA (CERCLA section 101(10)(J)). Federally permitted releases
may also include continuous or anticipated intermittent point
source discharges, identified in an NPDES permit or permit
application, where the discharge is caused by events occurring
within the scope of relevant operating systems (CERCLA section
101(10)(C)). Any federally permitted release under CERCLA
section 101(10) is exempt from CERCLA notification requirements.
If an ethylene glycol release to the storm water collection
system is "specified in and in compliance with an NPDES permit
limitation (including storm water permits), that release would be
federally permitted under CERCLA section 101(10)(A). Similarly,
if ethylene glycol is discharged from a point source which has
been specifically identified in a permit or permit application
(including storm water permits and permit applications) and the
discharge is continuous or anticipated intermittent and the
result of normal operations, the release would be federally
permitted under CERCLA section 101(10)(C). If ethylene glycol is
released into a collection system leading to a POTW and is
subject to and in compliance with pretreatment standards and
local limits (as specified, for example, in an individual control
mechanism applicable to the discharge) issued pursuant to section
307 of the CWA, the release would be federally permitted under
CERCLA section 101(10)(J).
At present, because no federal permits are issued that
address releases of ethylene glycol to the air or soil, no
releases of ethylene glycol to those environmental media that
equal or exceed the one-pound RQ in a 24-hour period come within
the federally permitted release exemption.
Continuous Release Reporting
Even if releases of ethylcne glycol during aircraft de-icing
operations are not federally permitted, they nonetheless may
qualify for reduced release reporting under the continuous
release reporting regulation (-',0 CFR 302.8, 55 FR 3016-6,
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July 24, 1990). This regulation applies to releases that are
"continuous" and "stable in quantity and rate." EPA has defined
"continuous" in 40 CFR 302.8(b) to include releases from
facilities that are "routine, anticipated, and intermittent and
incidental to normal operations ...." EPA has defined "stable in
quantity and rate" in 40 CFR 302.8(b) as releases that are
"predictable and regular in amount and rate of emission."
Under 40 CFR 302.8, the person in charge of a'facility from
which a continuous release of hazardous substances is occurring
must make one telephone call to the NRC, must submit to the
appropriate EPA Region a written report characterizing the
release, and must submit to the appropriate EPA Region a follow-
up report one year later. At other times, EPA only must be
notified if there is a change in the release, or an increase in
the release above the normal range during any 24-hour period, as
discussed in 40 CFR 302.8(g).
For continuous release purposes only, 40 CFR 302.8(1)
provides that "multiple concurrent releases of the same substance
occurring at various locations with respect to contiguous plants
or installations upon contiguous grounds that are under common
ownership or control may be considered separately or added
together in determining whether such releases constitute a
continuous release ...." Section 302.8(1) allows the person in
charge to aggregate release data from separate, contiguous,
adjacent facilities or to consider each facility separately.
Persons in charge, however, must aggregate multiple concurrent
releases of the same substance from a particular facility, to
determine if an RQ has been equaled or exceeded. (See 50 FR
13456, April 4, 1985.) Therefore, in appropriate circumstances,
releases of ethylene glycol during airplane de-icing from
different facilities may be considered separately or added
together for purposes of continuous release reporting. For
example, in appropriate circumstances, releases from a fleet of
de-icing trucks, if under common ownership or control, may be
aggregated for continuous release reporting purposes. In
addition, in appropriate circumstances, different types of
facilities (such as the de-icing trucks, the airplanes that are
being de-iced, and the airport) that are owned by different
entities may be regarded as under the "control" of a single
entity (e.g., the airport), and releases from those facilities
may be aggregated for purposes of continuous release reporting.
However, as noted above, the person in charge of each separate
facility bears the legal responsibility of ensuring that releases
from that facility properly and accurately are aggregated with.
other releases under the continuous release reporting regulat i r.-!,
or properly are reported separately.
In the event that an airline requests additional inforr..ir. ••-
on the reduced reporting requirements for continuous releases, ;
guidance document entitled, Reporting Requirements for Contir :~ .
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Releases of Hazardous Substances: A Guide for Facilities and
Vessels on Compliance, is available from the national Technical
Information Service (NTIS) at (703) 487-4650. A computer
diskette that facilitates reporting of continuous releases also
may be obtained by telephoning the Resource Conservation and
Recovery Act/Superfund Hotline at (800) 424-9346. Both the
guidance document and the diskette have been provided to Regional
staff.
cc: Bowdoin Train, OSWER
Henry L. Longest, II, OERR
Bruce Diamond, OWPE
James Makris, CEPPO
LaJuana wilcher, OW
Bill White, OE
Bill Rosenberg, OAR
Ray Ludwiszewski, OGC
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