Emergency Planning and Community Right to Know; Section 313, Toxic Release Inventory Reporting; Notice of Receipt of Petition

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[OPPTS-400122; FRL-5760-2]

Emergency Planning and Community Right to Know; Section 313,

Toxic Release Inventory Reporting; Notice of Receipt of Petition

AGENCY: Environmental Protection Agency (EPA).

[[Page 6692]]

ACTION: Notice of receipt of petition and request for comments.

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SUMMARY: This notice announces the receipt of a petition from the

Natural Resources Defense Council (NRDC), Defenders of Wildlife,

National Audubon Society and the Humane Society of the United States,

requesting EPA to initiate rulemaking to add Standard Industrial

Classification (SIC) Code 45, Transportation by Air, to the list of

facilities required to report releases under section 313 of the

Emergency Planning and Community Right-to-Know Act (EPCRA) and section

6607 of the Pollution Prevention Act of 1990 (PPA). The petition was

submitted pursuant to section 313(b)(1)(B) of EPCRA and sections 553(e)

and 555(e) of the Administrative Procedure Act (APA). Also, as part of

this notice, EPA, as requested by the petitioners, is publishing the

petition in its entirety. Finally, EPA is seeking comments from

interested or potentially affected parties concerning issues associated

with adding airports to the list of facilities that must report under

section 313 of EPCRA and section 6607 of the PPA, and the motor vehicle

exemption under 40 CFR 372.38(c).

DATES: Written comments in response to this request for comments must

be received on or before April 13, 1998.

ADDRESSES: Each comment must bear the docket control number ``OPPTS-

400122.'' All comments should be sent in triplicate to: OPPT Document

Control Officer (7407), Office of Pollution Prevention and Toxics,

Environmental Protection Agency, 401 M St., SW., Room G-099, East

Tower, Washington, DC 20460.

Comments and data may also be submitted electronically to: oppt.

[email protected]. Follow the instructions under Unit IV. of this

document. No Confidential Business Information (CBI) should be

submitted through e-mail.

All comments which contain information claimed as CBI must be

clearly marked as such. Three sanitized copies of any comments

containing information claimed as CBI must also be submitted and will

be placed in the public record for this action. Persons submitting

information on any portion of which they believe is entitled to

treatment as CBI by EPA must assert a business confidentiality claim in

accordance with 40 CFR 2.203(b) for each such portion. This claim must

be made at the time that the information is submitted to EPA. If a

submitter does not assert a confidentiality claim at the time of

submission, EPA will consider this as a waiver of any confidentiality

claim and the information may be made available to the public by EPA

without further notice to the submitter.

FOR FURTHER INFORMATION CONTACT: Vicki Anderson at (202) 260-3544, e-

mail: [email protected]. for specific information

regarding this notice. For further information on EPCRA section 313,

contact the Emergency Planning and Community Right-to-Know Hotline,

Environmental Protection Agency, Mail Stop 5101, 401 M St., SW.,

Washington, DC 20460, Toll-free: 1-800-535-0202, in Virginia and

Alaska: 703-412-9877 or Toll free TDD: 800-553-7672.

SUPPLEMENTARY INFORMATION:

I. Background

On April 16, 1997, the EPA received a petition from the Natural

Resources Defense Council, Defenders of Wildlife, National Audubon

Society, and the Humane Society of the United States, requesting EPA to

initiate rulemaking to add Standard Industrial Classification (SIC)

Code 45, Transportation by Air, to the list of facilities required to

report releases under section 313 of the Emergency Planning and

Community Right-to-Know Act and section 6607 of the PPA. The

petitioners also requested that the petition be printed in the Federal

Register. The following is the complete text of the petition:

II. The Petition

April 16, 1997

The Honorable Carol Browner

Administrator

United States Environmental Protection Agency

401 M Street SW

Washington, D.C. 20460

Re: Petition to Add Standard Industrial Classification Code 45,

Transportation By Air, to the List of Facilities Required to Report

Releases of Chemicals

Dear Administrator Browner:

Pursuant to section 313(b)(1)(B) of the Emergency Planning and

Community Right to Know Act (EPCRA) 42 U.S.C. Sec. 11023(b)(1)(B),

and sections 553(e) and 555(e) of the Administrative Procedure Act,

5 U.S.C. Secs. 553(e), the undersigned groups hereby petition the

United States Environmental Protection Agency (EPA) to initiate

rulemaking to add Standard Industrial Code (SIC) 45, Transportation

by Air, which includes airports, airline terminals, and aircraft

maintenance facilities, to the list of facilities required to report

releases of toxic chemicals listed on the Toxic Release Inventory

(TRI). We also request that EPA immediately publish this petition in

the Federal Register.

SIC Code 45 facilities are responsible for the release of

millions of pounds of toxic chemicals into the environment each

year. Nevertheless, EPA eliminated SIC Code 45 from its first

industry expansion rulemaking, despite EPA's own findings that show

SIC Code 45 facilities release more toxic chemicals than do most of

the facilities currently proposed for reporting.

For over three years, EPA analyses have shown that SIC Code 45

facilities should be required to report TRI chemical releases. SIC

Code 45 was a ``Primary Candidate'' for inclusion in EPA's industry

expansion rulemaking based on volume of TRI chemicals

released.1 In fact, SIC Code 45 ranked third among 25 SIC

codes considered for inclusion in the rule. While SIC Code 45

facilities use TRI-listed chemicals for a variety of purposes,

ethylene glycol is the TRI chemical used in the greatest quantities

at these facilities. According to EPA's own estimates, during icing

conditions at the 17 busiest airports in the United States, some 58

million pounds of ethylene glycol are released to the environment

each year.2 Thus, SIC Code 45 facilities clearly warrant

listing.

The undersigned (Natural Resources Defense Council, Defenders of

Wildlife, National Audubon Society, and the Humane Society of the

United States), represent a group of environmental, wildlife, and

humane organizations. The Natural Resources Defense Council (NRDC)

is an environmental advocacy organization with over 350,000 members

and contributors nationwide. Since 1970, NRDC's scientists and

attorneys have been key players in virtually every critical

environmental issue. Defenders of Wildlife, representing 200,000

members, is one of the leading national organizations fighting to

preserve America's endangered species and biological diversity.

National Audubon Society, representing 550,000 members works to

conserve and restore natural ecosystems, focusing on birds and other

wildlife for the benefit of humanity and the earth's biological

diversity. The Humane Society of the United States, with 4.4 million

members and constituents, is the largest animal protection

organization in the United States. Collectively, the undersigned

groups represent over 5 million members and constituents.

I. Introduction

The fundamental purposes of EPCRA are to inform citizens of

toxic chemical use in their neighborhoods and to encourage industry

to reduce toxic chemical use. Since its enactment in 1986, EPCRA has

successfully achieved a significant reduction in toxic chemical use.

As Administrator, you have noted, ``the success of the program comes

from the public's and industry's use of this information to motivate

and empower initiatives at all levels; from facility teams, to

community groups, to trade associations, and state and local

government.''3 EPA's failure to include SIC Code 45 in

its facility expansion rule has achieved the opposite result; recent

data demonstrates that ethylene glycol use at SIC Code 45 facilities

is increasing. Because ethylene glycol is cheaper than less toxic

alternatives, EPA's failure to include SIC Code 45 facilities in the

facility expansion rule has eliminated a critical incentive for

these facilities to use less toxic chemicals.

In order to fulfill EPCRA's source reduction and public

information objectives, EPA must act to carry out its original

intention to require SIC Code 45 facilities to

[[Page 6693]]

report TRI releases. As demonstrated below, adding SIC Code 45 to

the list of industries required to report TRI releases achieves

EPCRA's statutory purposes and satisfies EPA's decisional criteria

for adding facilities under EPCRA.

II. SIC Code 45 Meets EPA's Criteria for Addition to the List of

Facilities Required to Report TRI Releases

Under EPCRA section 313(b)(1)(B), EPA may add industry groups to

the list of facilities required to report TRI releases where EPA

determines that adding an industry to the list furthers the purposes

of EPCRA.4 EPA established three criteria or factors for

adding facilities under EPCRA section 313(b)(1)(B) in its first

facility expansion rulemaking: (1) the ``chemical'' factor; (2) the

``activity'' factor ; (3) the ``information'' factor. SIC Code 45

facilities satisfy each of these criteria and therefore should be

required to report TRI releases.

A. The Chemical Factor

In addressing whether the chemical factor is met, EPA considers

evidence that facilities within an industry group are reasonably

anticipated to use one or more EPCRA 313 listed chemicals as part of

its routine operations.5 There can be little question

that substantial amounts of TRI chemicals are present at SIC Code 45

facilities. In its industry profile, EPA determined that toxic

chemicals used by SIC Code 45 facilities include ethylene glycol,

trichloroethylene, methylene chloride, acetone, chloroform, methyl

ethyl ketone, isopropyl alcohol, glycol ethers, toluene, xylene, and

other petroleum distillates.6

1. Ethylene Glycol is Toxic to Humans and Wildlife

The quantities of ethylene glycol used at SIC Code 45 facilities

pose significant risks to humans, companion animals, and wildlife.

Requiring airports to report ethylene glycol releases will encourage

more extensive use of less toxic alternatives and will therefore

reduce human and wildlife exposure to a toxic substance.

The acute oral toxicity of ethylene glycol in humans is well

documented. Initially, ethylene glycol causes impairment of the

nervous system, followed by cardiopulmonary toxicity and severe

metabolic acidosis (i.e., the blood becomes unacceptably acidic).

Kidney failure, major neurological disruption, and death can

follow.7 The lethal dose of ingested ethylene glycol in

humans is approximately 1.57g/kg body weight.8 For a 155

pound person, this dose is approximately equal to three ounces. In

1994, 4,792 cases of ethylene glycol ingestion were reported to

poison control centers throughout the United States.9 Of

these exposures, 106 cases were life-threatening or resulted in

significant residual disability, and 34 cases resulted in

death.10

Chronic effects from ethylene glycol ingestion include

reproductive, developmental, and renal effects. Ethylene glycol was

found to cause birth defects in mice.11 EPA has

recognized the heightened chronic toxicity of ethylene glycol by

establishing Reference Doses (RfDs)12 and long-term

Drinking Water Health Advisories. The RfD of ethylene glycol is 2.0

mg/kg/day.13 The Drinking Water Health Advisory for

ethylene glycol is 5.5 mg/L for children and 19.25 mg/L for

adults.14 The FDA has stated that drugs containing

ethylene glycol are considered dangerous to health and are

misbranded15 and that ``under no circumstances [is

ethylene glycol] to be used in any product, whether food, drug, or

cosmetic that is likely to be taken internally or otherwise absorbed

by external application.''16

Ethylene glycol has also been shown to be toxic by

inhalation. Inhalation, of course, is the likely exposure pathway

for airport users such as passenger and flight crew as well as

airport ground crews. Exposure to as little as 3 to 67 mg/m3

of ethylene glycol for a thirty-day period caused throat irritation

and headaches in humans.17 Levels above 140 mg/m3

caused pronounced respiratory irritation, and subjects could not

tolerate levels of 200 mg/m3.18 In animals

ethylene glycol has been shown to cause irritation of the eyes and

respiratory tract, as well as the intestine and lymph nodes.

Further, inhalation of ethylene glycol has been shown to cause birth

defects in laboratory experiments.19

Ethylene glycol is also extremely toxic to animals.

Moreover, since it has a sweet taste, it is attractive to both wild

animals and companion animals, thus increasing the likelihood of

ingestion. A recent study of small practice veterinarians throughout

the United States found that more than 90,000 dogs and cats die each

year from ingesting ethylene glycol antifreeze.20 Another

study estimated that almost 30 percent of all documented dog and cat

poisonings were due to ethylene glycol.21 Endangered

species have also been poisoned. In 1992, a California Condor drank

antifreeze and died.22 Migratory birds and large, as well

as small animals have succumbed. In 1989, the remains of a polar

bear were found on an Alaskan island; ethylene glycol was present in

the soil under the carcass. The polar bear apparently ingested an

ethylene glycol mixture that was used to mark the centerline of

roads and runways covered with snow and ice.23

2. Health Effects of Other Toxic Substances Used at Many

Airports

While ethylene glycol appears to be the most prevalent toxic

substance used at airports, maintenance facilities at many airports

apply chemicals including trichloroethylene, toluene, methylene

chloride, chloroform and glycol ethers, which can have serious human

health implications. For example, breathing large amounts of

methylene chloride for even short periods adversely affects the

human nervous system and the heart, and repeated exposure to

methylene chloride causes kidney and liver damage and cancer in

laboratory tests--repeat exposure may likewise cause cancer in

humans.24 Very high levels of chloroform may result in

unconsciousness and death, and in moderate amounts chloroform

affected reproduction in animal studies. In addition, the Department

of Health and Human Services has determined that chloroform may

reasonably be anticipated to be a carcinogen.25 Low-to-

moderate levels of toluene from long-term exposure can cause memory

loss, nausea, loss of appetite, and hearing loss. Toluene also

affects the kidneys. Repeated exposure to high levels of toluene can

cause permanent brain and speech damage, vision and hearing

problems, memory loss and decreased mental ability.26

3. Significant Human and Wildlife Exposure Results From

Deicing Operations

Release of very large volumes of ethylene glycol during deicing

and anti-icing operations create the potential for human exposures

that may have significant health consequences for airline

passengers, employees, and other service personnel.27 For

example, ethylene glycol has been measured during deicing operations

at levels up to 18 mg/L in ambient air.28 One study

showed that an airline deicing employee could be exposed to 104 mg/

m3 of ethylene glycol through a saturated mask,29

which would exceed the concentration of 100 mg/m330 in

the current ACGIH TLV if the employee sprayed for eight hours.

Ethylene glycol has also been measured inside aircraft during

deicing operations at levels close to 2 mg/L.31

A recent survey found that 45 of the 50 busiest airports

in the United States were located within three miles of an ocean,

bay, lake, reservoir, river, wetland or stream.32

Ethylene glycol has the potential to enter drinking water supplies

through discharges to surface waters or releases to ground water.

Moreover, unless the ethylene glycol fluid is captured for

recycling, which does not appear to be a common airport practice in

the United States,33 the fluid may puddle on-site,

infiltrate soil, flow into creeks, streams, or rivers, or be

retained in on-site retention basins. Wildlife forage in these

environs. Migratory birds are particularly attracted to pooled

water. SIC Code 45 facilities may be located adjacent to or in the

vicinity of wildlife refuges. For example, John F. Kennedy

International Airport in New York borders on the Jamaica Bay

National Wildlife Refuge--a critical habitat for many species of

migratory birds, waterfowl, and wildlife. Denver's airport is near

the Rocky Mountain Arsenal National Wildlife Refuge.

Ethylene glycol has been measured in stormwater following

deicing operations in concentrations as high as 19,800 mg/L,34

and up to 13,200 mg/L in receiving waters.35 Ethylene

glycol in stormwater runoff at Salt Lake City International Airport

was measured at 19,000 mg/L.36 Levels of ethylene glycol

at Denver's Stapleton Airport ranged from zero to 5,050 mg/L, with

some later concentrations exceeding 100,000 mg/L.37 These

levels far exceed the EPA's one-day federal drinking water health

advisory for ethylene glycol of 18.86 mg/L for children.

Because most ethylene glycol releases at airports occur during

cold weather, significant concentrations of ethylene glycol will be

present downstream from airports. Glycols do not rapidly biodegrade

at low temperatures.38 Since biodegradation of ethylene

glycol occurs slowly at low temperatures, ethylene glycol travels

farther down river ecosystems or through the soil before any

biodegradation occurs. Further, biodegradation of ethylene glycol in

ground water proceeds at a slower rate than in surface water because

of the limited microbial populations and less available

[[Page 6694]]

oxygen in groundwater. Thus, there is a greater potential that

humans and wildlife will be exposed to a toxic chemical.

In addition, both ethylene glycol and a less toxic alternative,

propylene glycol, exert a strong biochemical oxygen demand (BOD) on

receiving waters. This contributes to eutrophication (oxygen

depletion), nuisance algal blooms, and fishery impacts.

Ethylene glycol releases are by no means the only threat to

surface and groundwater that result from operations at SIC Code 45

facilities. Leaking underground storage tanks and pipes are a

significant problem. For example, John F. Kennedy International,

Dallas-Fort Worth, Atlanta, Los Angeles International, San

Francisco, Cleveland, and Miami airports have all reported leaking

underground tanks.39 At John F. Kennedy International

there are two underground plumes of aviation fuel beneath the

airport, estimated to contain 3-5 million gallons of jet fuel, that

resulted from leaking underground pipes.40

B. The Activity Factor

Under the activity factor EPA considers evidence that facilities

within an industry group manufacture, process, or otherwise use one

or more TRI chemicals.41 EPA has determined that

facilities in SIC Code 45 may process or otherwise use TRI

chemicals, especially ethylene glycol, when conducting aircraft and

ground surface deicing or anti-icing operations and maintaining,

repairing, and cleaning aircraft.42

During icing conditions, SIC Code 45 facilities apply

ethylene glycol to aircraft using hand-held applicators that contain

a volume of fluid in a canister connected to a hose and spray

nozzle. In most cases, aircraft deicing is conducted at the terminal

gate just prior to take-off. At some facilities, aircraft deicing is

conducted away from the gate. Sometimes, if an aircraft is held too

long at or away from the gate, more than one application of ethylene

glycol will be required. Ethylene glycol use at SIC Code 45

facilities is probably unique among TRI chemical use in that its use

requires ethylene glycol to be deliberately sprayed into the

environment.

EPA determined that ethylene glycol was the chemical used in the

largest quantities by SIC Code 45 facilities. During winter months

when icy conditions exist, airports and airlines use deicing and

anti-icing fluids to ensure passenger safety. If an airplane is

covered with ice or snow, thousands of gallons of deicing solution

may be necessary to deice just one aircraft. Salt Lake City Airport

has reported using 175 to 600 gallons (1,300 to 4,460 pounds) per

aircraft.43 Depending on weather conditions, Detroit

Metropolitan Airport reported that deicing may require 1,000 to

3,000 gallons (7,400 to 22,300 pounds) of deicing fluid for a

commercial plane the size of a DC-8.44 In a ``worst-

case'' situation, as much as 4,000 gallons of a 50-50 mixture of

glycol and water has been used at Detroit Metropolitan Airport on a

large airplane when it was coated with one-half inch of ice.45

Up to 1,000 gallons (7,400 pounds) has often been used to deice a

single aircraft under severe weather conditions at Stapleton

International Airport in Denver.46

Per day and over a full season, airports use ethylene

glycol in staggering amounts. Based on information filed with its

NPDES permit, Chicago O'Hare International Airport reported that

from July 1975 to June 1981, its average annual use of ethylene

glycol deicing fluid was 348,500 gallons (almost 2.9 million

pounds).47 Assuming a 90 day de-icing season (undoubtedly

longer than reality), this amounts to an average of over 3,800

gallons (36,000 pounds) per day. Similarly, a study at Baltimore

Washington International Airport (BWI) estimated between 250,000 and

280,000 gallons (approximately 1,489,600 pounds) of ethylene glycol

are used per year.48 EPA reports that the 41st busiest

airport in the United States (based on numbers of departures),

Standiford Field in Louisville, Kentucky, used an average of 33,000

pounds of ethylene glycol per day in connection with its deicing

operations in December 1991 and January and February 1992.49

EPA also reports, based on a survey conducted by the Airports

Council International (ACI), that annual ethylene glycol use at 35

SIC Code 45 facilities ranged from 1,500 to 4,491,400 gallons

undiluted (13,965 to 41,814,934 pounds).50

The vast majority of the ethylene glycol used is released

directly into the environment as airport and runway runoff.

Consistent with these reported volumes of ethylene glycol used for

deicing operations, EPA's industry profile for SIC Code 45 estimated

that 58 million pounds of ethylene glycol would be released annually

during icing conditions at the 17 busiest airports in the United

States. If these facilities had been required to report ethylene

glycol releases in 1993, ethylene glycol would have ranked

approximately 12th out of the 316 TRI chemicals reporting TRI

release in 1993--outranking total reported releases of such TRI

chemicals as sulfuric acid, manganese compounds, and

trichloroethylene.51 If required to report, SIC Code 45

facilities would have ranked 9th in total volume of releases among

20 industries reporting under TRI.52

Ethylene glycol releases from airports are already

required to be reported in Canada and to some State agencies in the

U.S. Experience under the Canadian National Pollutant Release

Inventory (NPRI) generally confirms U.S. projections. The NPRI

indicates that over one-half of the facilities with the largest

releases of ethylene glycol were airports or aviation service

companies.53 In 1993, ethylene glycol ranked ninth in

volume of total releases among all reported chemicals in

Canada.54 Moreover, of the top 10 facilities reporting

ethylene glycol in 1993, six were airports, airbases, or aviation

service facilities. Ethylene glycol releases for these facilities

alone combined totaled 1,326 tons (2,652,000 pounds).55

Similarly, SIC Code 45 facilities in Minnesota and Massachusetts

report ethylene glycol use to state agencies.56 In

Minnesota, four facilities reported ethylene glycol use from 80,000

to 2.2 million pounds in 1993. In Massachusetts, one airline

reported using 276,000 pounds or gallons (the report did not specify

a unit) of ethylene glycol.57

In addition to ethylene glycol releases from aircraft

deicing, SIC Code 45 facilities use ethylene glycol to maintain

traction on runways during icy conditions. EPA reported, based on

the ACI survey, that 4,000 to 36,000 gallons (37,240 to 335,160

pounds) of ethylene glycol was used by one airport to deice airfield

surfaces each year.58 At Chicago O'Hare International

Airport 6.8 million pounds of a 60 percent ethylene glycol solution

was applied to runways during the period July 1975 to June

1981.59

Ethylene glycol is also a common base for automotive

antifreeze. Airport ground service equipment and rental car parking

lots may also release ethylene glycol.

Other airport operations use other toxic chemicals (see footnote

6). As EPA noted, cleaning is an essential process in the

maintenance and repair of commercial aircraft.60 Cleaning

removes contaminants and prepares parts for subsequent inspection,

repair, bonding, coating, and testing. Aircraft metals and

electronics are the primary focus of cleaning activities. Metal

cleaning removes oil, grease, and other contaminants from metal

parts, while electronics cleaning removes of flux residues that

remain after soldering operations and conducted. In both cases, SIC

Code 45 facilities use TRI listed solvents in cleaning operations.

C. The Information Factor

Under the information factor, EPA considers evidence regarding

whether requiring a candidate industry group to report is reasonably

anticipated to increase the information made available pursuant to

EPCRA section 313 or otherwise further the purposes of EPCRA section

313. In making this determination EPA considers evidence related to

one or more of the following: whether a significant portion of

facilities within the candidate industry group (1) are likely to

exceed the 313 reporting thresholds, (2) are likely to be subject to

an existing statutory or regulatory exemption, (3) are likely to

contain release and waste management data, or (4) whether a

significant portion of the facilities within the industry group are

expected to file a TRI certification statement.61

1. Requiring SIC Code 45 Facilities to Report Will Increase

the Information Made Available Pursuant to EPCRA section 313

EPA estimates that if SIC Code 45 facilities were required to

report TRI releases, 824 facilities would submit 984 reports.62

EPA further estimates that 748 of these reports would be submitted

based on ethylene glycol use in connection with deicing

operations.63 Given EPA estimates that ethylene glycol

use may exceed 58 million pounds per year, requiring SIC Code 45

facilities to report ethylene glycol releases unquestionably

increases the amount of information made available to the public

pursuant to EPCRA section 313.

The public has no other means by which to learn that huge

quantities of toxic ethylene glycol are being released in their

communities. While section 103(a) of the Comprehensive Environmental

Response Compensation and Liability Act (CERCLA), 42 U.S.C.Sec.

9603(a); requires any person in charge of a facility from which

CERCLA hazardous substances has been released in a quantity that

exceeds its reportable quantity (RQ) within a 24 hour period to

immediately

[[Page 6695]]

notify the National Response Center, few SIC Code 45 facilities have

complied with CERCLA's requirements. For those that do, reports are

not easily accessed by the pubic.

The Air Transport Association (ATA) reported to its members and

to the Federal aviation Administration that CERCLA section 103

reporting was not triggered by ethylene glycol use, because

``ethylene glycol is typically discharged via storm sewers to a

NPDES permitted outfall.''64 While it is true that CERCLA

section 103(a) reporting contains an exemption for federally

permitted releases, the ATA's analysis is nevertheless incorrect. To

be exempt from CERCLA release reporting, ethylene glycol must be in

stormwater discharged through an outfall and must either (1) comply

with the effluent limits prescribed in the permit, or (2) be treated

in an on-site treatment system as prescribed in the permit, or (3)

be a continuous or anticipated intermittent discharge that is

conveyed to a point source as provided in the permit or permit

application.65 Presently, not all SIC Code 45 facilities

have NPDES permits that provide for the management or treatment of

ethylene glycol. For those that do, the permit may not yet include

effluent limitations for ethylene glycol.66

Moreover, EPA's current permitting approach to airports,

the industrial storm water NPDES program, is not structured to yield

either consistent use and release data, or consistent pollution

prevention technology implementation. TRI does not have similar

exemptions and is therefore the most complete and accessible source

of information for the public on toxic chemical releases. EPA's

failure to require SIC Code 45 facilities to report toxic chemical

use negates TRI's public informational purpose.

The EPA has stated that TRI reporting not only increases the

public's knowledge of pollutants released to the environment, but

also improves public understanding of the health and environmental

risks of toxic chemicals, allows the public to make informed

decisions on where to work and live, enhances the ability of

corporate lenders and purchasers to more accurately gauge a

facility's potential liability, and assists federal, state, and

local authorities in making better decisions on acceptable levels of

toxics in communities.67 This is particularly important

where there exist acceptable alternatives as in the case of ethylene

glycol deicing. In light of this public informational purpose, EPA

should be more inclusive, rather than less, when considering

potential benefits of TRI reporting for particular industrial

sectors. Including SIC Code 45 facilities would serve this public

purpose by encouraging dissemination of information about releases

of toxic substances such as ethylene glycol.

2. Requiring SIC Code 45 Facilities to Report Furthers the Purposes

of EPCRA

When it appeared that EPA would require the reporting of

ethylene glycol, SIC Code 45 facilities significantly reduced their

use of ethylene glycol deicing fluids. Before ethylene glycol was

considered for placement on the TRI, it was the leading constituent

of deicing fluid. With the TRI listing, however, some product

substitution with less toxic alternatives occurred, although

alternative deicing fluids cost somewhat more than ethylene glycol.

As President Clinton recently stated, EPCRA is intended to ``provide

a strong incentive for businesses to find their own ways of

preventing pollution.''68 However this promising trend

has been reversed due to the exception of SIC code 45

facilities.69

Using available alternatives to ethylene glycol avoids

releases of TRI-listed toxic chemical without compromising aviation

safety and passenger protection. In addition, because less toxic

propylene glycol-based alternatives have a bitter taste, they are

not attractive to birds and wildlife. (As noted above, ethylene

glycol is sweet tasting and is attractive to birds and wildlife.) It

is important to note that all glycols are toxic to aquatic life, as

they place a high biochemical oxygen demand (BOD) on receiving

waters. Using infra-red heat from aircraft deicing is one promising

technique that offers the possibility of eliminating glycol use

altogether.70 Such less toxic alternatives are

``environmentally preferable'' to ethylene glycol fluids under

criteria set forth in the Pollution Prevention Act of 1990 (the

PPA).71 Encouraging product substitution achieves the

important goal of source reduction under both TRI and the

PPA.72

By failing to include SIC Code 45 facilities in the

proposed rule, EPA has sent the wrong message. The EPA has begun to

convey the message to stakeholders that it is no longer concerned

about ethylene glycol use at these facilities. Such a message

weakens the incentive for SIC Code 45 facilities to voluntarily

reduce ethylene glycol use. In order to continue decreasing the

amount of ethylene glycol that is released from airport deicing

operations, EPA must require airports to report ethylene glycol

releases on an annual basis.

3. EPA Misapplied the Motor Vehicle Exemption to Exclude SIC Code 45

Facilities From the Industry Expansion Rulemaking

Based on its third place ranking for volume of toxic chemical

releases, SIC Code 45 facilities were retained by EPA as a ``Primary

Candidate'' for inclusion in the proposed rule.73 Yet,

without explanation, the Agency removed SIC Code 45 facilities from

further consideration, asserting that operations at these facilities

fall within the motor vehicle exemption.74 There is no

basis in the administrative record for EPA's application of the

motor vehicle exemption. To the contrary, the record expressly

indicates that the motor vehicle exemption should not apply to SIC

Code 45 facilities because air transportation is the primary

economic function.

By applying the motor vehicle exemption to airport deicing

operations, EPA has misconstrued the purpose of the exemption. In

order to place some limitations on the definition of ``otherwise

use'' under section 313, EPA developed a list of certain exempt uses

of toxic chemicals including the ``use of products containing toxic

chemicals for the purpose of maintaining motor vehicles operated by

the facility.''75 The motor vehicle exemption is not a

statutory exemption under EPCRA.

In the proposed facility expansion rule, EPA explained that

``the use of materials containing listed section 313 chemicals for

the purpose of maintaining motor vehicles is believed by EPA to be

an incidental chemical use relative to the overall function of

facilities currently covered under section 313.76 The

spraying of vast quantities of deicing fluids on aircraft at

airports is neither a maintenance activity nor is it ``incidental''

to the overall function of airports.

The Air Transportation Association of America (ATAA) in comments

submitted to the Agency made clear that ``the use of deicing fluids

is an integral aspect of ensuring aviation safety and a required

component of FAA-approved airline deicing programs prescribed by FAA

regulations.''77 While ATAA argued that the motor

exemption should apply to the use of solvents in aircraft

maintenance operations, ATAA did not describe deicing operations as

part of those maintenance activities.78 We, however, urge

that all activities as SIC Code 45 facilities be listed. Consistent

with ATAA's position, EPA's own economic analysis assumed correctly

that the motor vehicle exemption would not apply to facilities at

which air transportation is the ``primary economic

function.''79 Nevertheless, the Agency eliminated SIC

Code 45 facilities from the proposed rule based on the motor vehicle

exemption, without any supporting reasoning, either in the rule or

in the documents supporting the rule.

IV. Conclusion

The undersigned organizations seek to make EPA aware of the

health and ecological risks associated with ethylene glycol use at

SIC Code 45 facilities and the need to require these facilities to

report their releases under the TRI. By this petition, we request

that EPA immediately initiate and promptly conclude rulemaking to

require SIC Code 45 facilities report their toxic chemical use under

the TRI. We also request that EPA immediately publish this petition

in the Federal Register.

Respectfully submitted,

/s/

Peter Lehner

Senior Attorney

Natural Resources Defense Council

/s/

Jennifer Stenzel

Research Associate

Natural Resources Defense Council

/s/

James K. Wyerman

Vice President for Program

Defenders of Wildlife

/s/

John D. Echeverria

General Council

National Audubon Society

/s/

Patricia Forkan

Executive Vice President

Humane Society of the United States

/s/

Leslie Sinclair, DVM

Director of Companion Animal Care

Humane Society of the United States

Footnotes

[[Page 6696]]

1Environmental Protection Agency, Development of SIC

Code Candidates: Screening Document (June 1996).

2 Science Applications International Corporation, SIC

Code Profile 45 Transportation By Air (1994).

3 EPA, Report to President Clinton, Expansion of

Community Right-to-Know Reporting to Include Chemical Use Data:

Phase III of the Toxics Release Inventory at 2.

4 61 Fed. Reg. 33588, 33593 (June 27, 1996).

5 Id. at 33594.

6 Science Applications International Corporation, SIC

Code Profile 45: Transportation by Air (1994). See also, EPA,

Economic Analysis of the Proposed Rule to Add Certain Industries to

EPCRA Section 313 (June 1996) at H-2 (facilities under SIC Code 45

are expected to report dicholormethane, ethylene glycol, methyl

ethyl ketone, sulfuric acid, toluene, 1,1,1-trichloroethene, and

trichloroethylene).

7 Agency for Toxic Substances and Disease Registry,

Ethylene/Propylene Glycol: Case Studies in Environmental Medicine,

US Department of Health and Human Services, prepared by DeLima

Associates, San Rafael, California (Aug. 1992).

8 The estimate was derived from the lowest dose of

ethylene glycol reported to cause death in humans, which was 100 ml

of ethylene glycol. Laug, E.P., H.O. Calvery, H.J. Morris, and G.

Woodard (1939), The toxicology of some glycols and derivatives, 21

J. Ind. Hyd. Toxicol. 173. On a body weight basis, ethylene glycol

is more toxic in humans than animal species. Andrews, L.S. and R.

Snyder (1991), Toxic effects of solvents and vapors, in M.O. Amdur,

J. Doull and C.D. Klaasen, eds. Cassarett and Doull's Toxicology:

The Basic Science of Poisons 4th ed. Pergamon Press, New York.

9 Litovitz, T.L., L. Felberg, et al., 1994 Annual

Report of the American Association of Poison Control Centers for

Toxic Exposure Surveillance System, reprinted in 13 Am. J. Emerg.

Med. 551 (1995).

10 In 1991, 19 deaths were reported; in 1992, eight

deaths were reported, and in 1993, 13 deaths were reported.

Litovitz, T.L., L.R. Clark, and R. A. Soloway, 1993 Annual Report of

The American Association of Poison Control Centers Toxic Exposure

Surveillance System,,[sic] reprinted in 12 Am. J. Emerg. Med. 546

(1994); Litovitz, T.L., K.C. Holm, et al., 1992 Annual Report of the

American Association of Poison Control Centers Toxic Exposure

Surveillance System, reprinted in 11 Am. J. Emerg. Med. 494 (1993);

Litovitz, T.L., K.C. Holm, et. al., 1991 Annual Report of the

American Association of Poison Control Centers Toxic Exposure

Surveillance System, reprinted in 10 Am. J. Emerg. Med. 452 (1992).

11 Ethylene Glycol was found to cause birth defects

at doses of 1640 mg/kg/day. Lamb, J.C., R.R. Maronpot, D.K. Gulati,

V.S. Russell, L. Hommel-Barnes, P.S. Sabharwal, Reproductive and

developmental toxicity of ethylene glycol in the mouse, 81 Toxicol.

Appl. Pharmcol. 110-112 (1985).

12 An RfD is an estimate of the maximum lifetime

daily dose of a substance that will not cause noncarcinogenic

effects over a lifetime of ingestion.

13 The RfD is based on an oral feeding study in rats.

See Depass, L.R., R. H. Garman, M.D., Woodside, W.E., Giddons, R.R.

Maronpot, and C.S. Weil, Chronic toxicity and oncogenicity of

ethylene glycol in rats and mice, 7 Fund. Appl. Toxicol. 547 (1986).

14 Ethylene Glycol Health Advisory, US Environmental

Protection Agency, Office of Drinking Water (Mar. 31, 1987).

15 FDA correspondence with industry, TC-389, Aug. 6,

194, reprinted in Kleinfeld, V.A. and C.W. Dunn, Federal Food Drug

and Cosmetic Act Judicial Administrative Record, 1938-1949, Food and

Drug Law Institute, Commerce Clearing House, Chicago (1978) (FDA

Trade Correspondence were pre-1946, informal opinions of the FDA

based on replies to day-to-day inquiries; since 1946, the FDA has

published Statements of General Policy or Interpretation in the

Federal Register).

16 FDA Correspondence with industry, TC-402, May 14,

1943, reprinted in Kleinfeld, V.A. and C.W. Dunn, Federal food [sic]

Drug and Cosmetic Act Judicial Administrative Record, 1936-1949,

Food and Drug Law Institute, Commerce Clearing House Chicago (1978).

Ethylene Glycol has limited approval as an indirect food additive.

It may only be used as a component of food packaging adhesives.

[sic] 21 C.F.R. Sec. 175.105 (1995) and in the manufacture of

various coatings and components of food contact surfaces. 21 C.F.R.

Sec. 175.390, 175.300, 175.320, 175.1200, 177.1630, 177.1680,

177.2420, 176.2105 and 176.300 (1995).

17 Wills, J.H., E.S. Coulston, E.S. Harris, E.W.

McChesney, J.C. Russell, and D.M. Serronne, Inhalation of

aerosolized ethylene glycol in man, 7 Clin. Toxicol. 463 (1974).

18 Id.

19 Tyl, R.W., B. Ballantyne, et al., Evaluation of

the developmental toxicity of ethylene glycol aerosol in CD-1 mice

by nose-only exposure. 27 Fund. Appl. Toxicol. 49 (1995).

20 American Society for the Prevention of Cruelty to

Animals and Safe Brands (1996). LD50 values for ethylene

glycol range from 4.0 to 15.4 g/kg for rats, mice, and guinea pigs.

Bornmann, G., Grundwirkungen der Glykile und ihre Bedeutung fur die

Toxizata, 4 Arzenimittelforschung 643 (1954) (mice); Clark, C.R., et

al. Toxicolgical assessment of heath transfer fluids proposed for

use in solar energy applications, 51 Toxicol. Appl. Pharmacol. 529

(1979) (rats); Smyth; H.F., Jr,. Et al., The single dose toxicity of

some glycols and derivatives, 23 J. Ind. Hyg. Toxicol. 259 (1941)

(guinea pigs).

21 Rowland, J., Incidence of ethylene glycol

intoxication in dogs and cats seen at Colorado State University

Veterinary Teaching Hospital, 29 Vet. Hum Toxicol. 41 (1987). The

minimum lethal dose reported for ethylene glycol in rats is 3.8 g/kg

and 7.3 g/kg in dogs. Clark, Marshal et al., supra note 35 (rats);

Sanyer, J.L. et al. Systematic treatment of ethylene glycol

toxicosis in dogs, 34 J. Amer. Vet. Med. Assoc., 527 (1973), as

cited in National Toxicology Program, NTP Technical Report on the

Toxicology and Carcinogenesis Studies of Ethylene Glycol (CAS No.

107-21) in B6C3F1 Mice (Feed Studies) NIH Publication No. 93-3144,

US Department of Health and Human Services (Feb. 1993).

22 U.S. Fish and Wildlife Service, 17 Endangered

Species Technical Bulletin 2 (1992). See also, U.S. Fish and

Wildlife Services, Fact Sheet: California Condor, (Gymnogyps

Californianus) (undated).

23 S. Anstrup, C. Gardner, K. Myers, F. Oehme,

Ethylene Glycol (Antifreeze) Poisoning in a Free-Ranging Polar Bear,

31 Vet. Hum. Toxicol. 317 (1989).

24 U.S. Environmental Protection Agency, Office of

Pollution Prevention and Toxics, Chemicals in the Environment:

Methylene Chloride (Dichloromethane) (CAS No. 75-09-2) (1994).

25 U. S. Department of Health and Human Services,

Agency for Toxic Substances and Disease Registry, Fact Sheet on

Chloroform (1993).

26 U.S. Department of Health and Human Services,

Agency for Toxic Substances and Disease Registry, Fact Sheet on

Toluene (1995).

27 In 1995, a pilot of a commuter flight was doused

with deicer fluid while boarding the aircraft at Philadelphia

International Airport. The Philadelphia Inquirer (December 21,

1995).

28 Council of Environmentally Sound Deicing, Ethylene

Glycol: The Scientific Basis for Its Retention on EPA's Toxics

Release Inventory (Feb. 1996).

29 Montgomery, J.F., A Discussion of the

Toxicological and Biological Effects of Deicing Fluids, American

Airlines Environmental Department, at 15 (Sept. 28, 1994).

30 American Conference of Governmental Industrial

Hygienists, 1995-1996 Threshold Limit Values for Chemical Substances

and Physical Agents and Biological Exposure Indices (BEIs),

Cincinnati, Ohio at 21 (1995).

31 Council for Environmentally Sound Deicing,

Ethylene Glycol: The Scientific Basis for its Retention on EPA's

Toxics Release Inventory (Feb. 1996).

32 Natural Resources Defense Council, Flying Off

Course (1996) at 56.

33 Id. at 69.

34 MacDonald, D.D., I.D. Cuthbert, and P.M. Outridge,

Canadian Environmental Quality guidelines for Three Glycols Used in

Aircraft Deicing/Anti-icing Fluids: Ethylene Glycol; Diethylene

Glycol; and Propylene Glycol, EcoHealth Branch, Environment Canada,

Ottawa, Ontario, Canada, at 15, 76 (Table 10) (Sept. 1992).

35 Ethylene Glycol levels, based on indirect

measurements, reached peak concentrations as high as 59,360 mg/L.

Id. At 15, 78 (Table 12).

36 Sills, R.D., and P.A. Blakeslee, Environmental

Impact of Deicers in Airport Stormwater Runoff at 324 in F.M.

D'Irti, ed., Chemical Deicers in the Environment, Lewis Publishers,

Boca Raton, Fla. (1992).

37 U.S. EPA, Office of Water, Permits Division,

Contractor Report -- Guidance for Issuing NPDES Storm Water Permits

for Airports, at 2-8 (Sept. 28, 1990).

38 Klecka, G.M., C.L. Carpenter, B.D. Landenberger,

Biodegradation of aircraft deicing fluids in soil at low

temperatures, 25 Ecotoxicol. Environ. Safety 280-285 (1993).

39 NRDC, Flying Off Course (1996) at 57.

40 Id.

41 61 Fed. Reg. at 33594

[[Page 6697]]

42 EPA, Economic Analysis of the Proposed Rule to Add

Certain Industries to EPCRA Section 313 (June 1996) at H-1.

43 ERC Environmental and Energy Services Co., EPA

Contractor Report Guidance for Issuing NPDES Storm Water Permits for

Airports (1990) at 2-4.

44 Id. At 2-5.

45 Id.

46 Id.

47 Id.

48 Science Applications International Corporation,

SIC Code Profile 45: Transportation by Air (1994) at 7.

49 EPA, Office of Prevention, Pesticides and Toxic

Substances, Expanded Exposure Assessment for Ethylene Glycol In

Response to Delisting Petition (June 16, 1995).

50 EPA, Economic Analysis of the Proposed Rule to Add

Certain Industries to EPCRA Section 313 (June 1996) at H-4.

51 EPA, 1993 Toxics Release Inventory: Public Data

Release (1995) Document No. 745-R-95-010.

52 Id.

53 Twenty-seven airports reported ethylene glycol

releases in 1993 with ethylene glycol releases totaling 2166.7 tons

(4,333,400 pounds). This constituted 57 percent of all reported

ethylene glycol release. Environment Canada Summary Report of the

1993 National Pollutant Release Inventory at 28-29 (undated).

54 Id. At 11.

55 Id.

56 EPA, Economic Analysis of the Proposed Rule to Add

Certain Industries to EPCRA Section 313 (June 1996) at H-13.

57 Id. If the unit reported was gallons, ethylene

glycol releases exceeded 2.3 million pounds.

58 EPA, Economic Analysis of the Proposed Rule to Add

Certain Industries to EPCRA Section 313 (June 1996) at H-5.

59 ERC Environmental and Energy Services Co., EPA

Contractor Report Guidance for Issuing NPDES Storm Water Permits for

Airports (1990) at 2-6.

60 Science Applications International Corporation,

SIC Code Profile 45: Transportation By Air (1994) at 14.

61 61 Fed. Reg. at 33594.

62 EPA, Economic Analysis of the Proposed Rule to Add

Certain Industries to EPCRA Section 313 (June 1996) at H-18.

63 Id.

64 ATA, Summary Report to the Federal Aviation

Administration Regarding Environmental Issues Associated with

Aircraft Deicing and the Use of Glycol-Based Fluids (undated).

65 R. Van Voorhees and Green, C. EPA Clarifies

Reporting Requirements for Ethylene Glycol Releases from Airport De-

Icing Operations, BNA, Analysis Perspective (August 30, 1996).

66 See Buchholz v. Dayton International Airport et

al., (Magistrates Report and Recommendation), Case No. C-3-94-435

(S.D. Ohio, June 26, 1995) (citizen suit filed under the CWA and

RCRA against the airport by residents who use a creek receiving

airport deicing flows for drinking, bathing, washing clothes, and

dishes).

67 60 Fed. Reg. 59664 (Nov. 28 1995).

68 Report to President Clinton, Expansion of

Community Right-to-Know Reporting to Include Chemical Use Data:

Phase III of the Toxics Release Inventory (EPA Report to the

President) at 2 (undated).

69 The trend away from ethylene glycol use, however,

was superseded by an FAA safety rule in the early 1990's that

effectively mandated a doubling in the volume of de-icing products

applied at airports; thus we are still seeing the massive quantities

of ethylene glycol in use that was documented earlier in this

petition.

70 NRDC, Flying Off Course (1996) at 63.

71 42 U.S.C. Secs. 13101-09 (West 1995).

72 Section 6603(5)(A) defines ``source reduction'' as

any practice that reduces the amount of any hazard from any

hazardous substance, pollutant, or contaminant entering any waste

stream or otherwise released into the environment, including

substitution of raw materials. 42 U.S.C. Sec. 113102(5)(A).

73 EPA Development of SIC Code Candidates: Screening

Document (June 1996) at 13.

74 Id. at 17.

75 53 Fed. Reg. 4506 (Feb. 16, 1988).

76 61 Fed. Reg. 33596 (emphasis added).

77 ATAA Comments on EPA's Consideration of Airports

for Inclusion in the TRI Program, May 25, 1995 (Docket #400104, D3-

0010) at 4.

78 See Id. at 11-12. 79 EPA, Economic Analysis of the

Proposed Rule to Add Certain Industries to EPCRA Section 313 (June

1996) at H-1.

III. Issues

There are two issues that could potentially affect reporting by

airports: (1) Whether airports would be exempt from reporting the

majority of their toxic chemical releases because of the motor vehicle

exemption, and (2) whether airports fit within the definition of

facility under 40 CFR 372.1. In addition, there are issues relating to

the application of the motor vehicle exemption as it pertains to motor

vehicles used in industries recently added to the list of facilities

subject to EPCRA section 313 reporting requirements. In light of these

concerns, EPA is considering a modification in the motor vehicle

exemption. The Agency is interested in receiving comments regarding

these issues and other matters relevant to the petition and its

response from potentially affected or interested parties. The comments

will help EPA better understand relevant issues surrounding the

addition of airports to the list of facilities required to report

pursuant to section 313 of EPCRA, and the motor vehicle exemption in

general.

A. Motor Vehicle Exemption

EPA is seeking comments from potentially affected and interested

parties concerning whether the use of ethylene glycol and other EPCRA

section 313 chemicals at airports would or should be exempt under the

Motor Vehicle Maintenance Exemption, 40 CFR 372.38(c).

In the February 16, 1988 Final Rule implementing the reporting

requirements of EPCRA section 313 (53 FR 4500), EPA limited the

definition of ``otherwise use'' by exempting certain uses of toxic

chemicals. Section 372.38(c) states that if a toxic chemical is used at

a covered facility for a purpose described in paragraph (c), a person

is not required to consider the quantity of the toxic chemical used for

such purpose when determining whether an applicable threshold has been

met under Sec. 372.25 or when determining the amount of releases to be

reported under Sec. 372.30. 40 CFR 372.38(c)(4) further states that

``use of products containing toxic chemicals for the purpose of

maintaining motor vehicles operated by the facility'' are exempted from

reporting under 40 CFR 372.30.

In previous guidance, EPA has stated that airplanes are motor

vehicles and that this exemption applies to fuels and other products

containing toxic chemicals for the purpose of maintaining motor

vehicles (see Toxic Chemical Release Inventory Reporting Package for

1990, January 1991, EPA 560/4-91-001, p. A-5). In keeping with this

guidance, toxic chemicals found in gasoline, diesel fuel, brake and

transmission fluids, oils and lubricants, antifreeze, batteries,

cleaning solutions, and solvents in paints may be excluded from

reporting under Sec. 372.30 as long as a facility uses these products

to maintain its motor vehicles. While motor vehicle maintenance may be

an incidental activity at the facilities originally subject to EPCRA

section 313 reporting requirements (i.e., the manufacturing sector),

EPA believes that this is not the case at airports, where the

maintenance of vehicles is integral to the activities at the airport.

For example, use of ethylene glycol to de-ice planes and runways is

essential for the operation of airplanes when icy conditions and

inclement weather may hinder their safe operation. In such cases, the

use of ethylene glycol is in no way ``incidental'' to the operation of

airports. In addition, EPA believes that maintaining motor vehicles is

integral to activities that occur at some of the industry groups

recently added to the list of facilities subject to reporting under

EPCRA section 313 and PPA section 6607 (see 62 FR 23834, May 1, 1997).

For example, use of earth moving equipment is an integral part of the

mining industry and use of tanker trucks is an integral part of the

operation of bulk petroleum stations.

[[Page 6698]]

EPA, therefore, requests comments on a number of options to modify

or eliminate the motor vehicle exemption at 40 CFR 372.38(c)(4). These

options include:

1. Making no change to the motor vehicle exemption.

2. Not allowing certain industries, such as the transportation

industry, in which motor vehicle use is the industry's main activity,

to take the motor vehicle exemption. The motor vehicle exemption would

continue to apply to other covered industries.

3. For covered industries, narrowing the motor vehicle exemption so

that it would only apply to incidental motor vehicle use. It would not

apply to any activity that is process-related. For example: the motor

vehicle exemption would not apply to toxic chemicals used in jet fuel

while a jet is at an airport, deicing, and other vehicle maintenance

activities. As a second example, for covered industries such as metal

mining and bulk petroleum stations, the motor vehicle exemption would

no longer apply to vehicles used in processing activities (e.g., earth-

moving equipment or trucks and transport vehicles at petroleum

facilities which are maintained on-site), or

4. Eliminating the motor vehicle exemption entirely.

B. Definition of Facility under EPCRA

1. Definition of facility. Under EPCRA section 329(4) and 40 CFR

372.1, a ``facility'' means all buildings, equipment, structures and

other stationery items which are located on a single site or on

contiguous or adjacent sites and which are owned or operated by the

same person (or by any person which controls, is controlled by, or

under common control with such person). A facility may contain more

than one establishment.

2. Application of definition of facility to airports. Airports

typically operate under a single management organization known as the

airport ``authority'' which, in most cases is a public agency. Airline

carriers that have contracts with the airport authority to conduct

business on airport property are commonly known as ``tenants'' of the

airport. In order to comply with various state and Federal

environmental regulations, an airline may require (as part of a lease

agreement) a tenant to report its aggregate releases of toxic or

hazardous chemicals directly to the owners or operators of the airport

authority.

On the other hand, the Agency recognizes that if airports were

required to report under section 313 of EPCRA and section 6607 of the

PPA, there could be unique reporting issues associated with their

ownership, operation, and control. Therefore, the Agency is interested

in receiving comments or information concerning how airports operate

and the practical impacts of requiring airports to report under section

313 of EPCRA and section 6607 of the PPA. Information gathered from

commenters will be used by the agency to determine whether airports

fall within the definition of facility.

IV. Public Record and Electronic Submissions

The official record for this document, as well as the public

version, has been established for this rulemaking under docket control

number ``OPPTS-400122'' (including comments and data submitted

electronically as described below). A public version of this record,

including printed, paper versions of electronic comments, which does

not include any information claimed as CBI, is available for inspection

from 12 noon to 4 p.m., Monday through Friday, excluding legal

holidays. The official record is located in the TSCA Nonconfidential

Information Center, Rm. NE-B607, 401 M St., SW., Washington, DC.

Electronic comments can be sent directly to EPA at:

[email protected]

Electronic comments must be submitted as an ASCII file avoiding the

use of special characters and any form of encryption. Comments and data

will also be accepted on disks in WordPerfect 5.1/6.1 or ASCII file

format. All comments and data in electronic form must be identified by

the docket control number ``OPPTS-400122.'' Electronic comments on this

document may be filed online at many Federal Depository Libraries.

List of Subjects in 40 CFR Part 372

Environmental protection, Community right-to-know, Reporting and

recordkeeping requirements, and Toxic substances.

Dated: January 29, 1998.

Lynn R. Goldman,

Assistant Administrator for Prevention, Pesticides and Toxic

Substances.

[FR Doc. 98-3316 Filed 2-9-98; 8:45 am]

BILLING CODE 6560-50-F