UMTLD STATES ENVIRONMENT AL PROTLC TIOTJ AGENCY
                          WASHINGTON, D.C. 20460       '
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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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                                         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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