September 11, 2009
VIA Electronic Mail
Mary T. Smith
Director, Engineering & Analysis Division
Office of Science and Technology
U.S. Environmental Protection Agency
smith.maryt@epa.gov
1200 Pennsylvania Avenue, NW
Mail Code 4303T
Washington, DC 20460
RE: Request for Extension of Comment Period for Proposed Rule on Airport Deicing
Effluent Limitation Guidelines, Docket No. EPA-HQ-OW-2004-0038
Dear Mary,
The Air Transport Association (ATA), Airport Council International - North America (ACI-NA), American Association of Airport Executives (AAAE), National Air Transportation Association (NATA) and Regional Airline Association (RAA) – collectively “The Associations” – appreciate the opportunity to comment on the Proposed Rule, Effluent Limitation Guidelines and New Source Performance Standards for the Airport Deicing Category (“the Proposed Rule”), published on August 28, 2009. The Associations write to jointly request a sixty-day extension of the comment period for the Proposed Rule. Together, the Associations represent the vast majority of the air transportation industry in the United States.
The Environmental Protection Agency (EPA) has provided a 120-day comment period on the Proposed Rule, closing on December 28, 2009. The Associations appreciate this significant comment period and, but for its timing, likely would not be requesting this extension. With the late-August proposal, however, the existing comment period falls squarely within the air transportation industry’s peak travel and deicing seasons.
Peak passenger and cargo loads historically have occurred between the beginning of the Thanksgiving holiday and the end of the New Year holiday. This period traditionally requires that the industry, both airlines and airports, have all hands available for duty. Similarly, and of particular concern with respect to our ability to develop comments on a rule that addresses deicing operations, the latter half of the existing comment period falls during months when deicing operations are reaching their annual peak. As a result, we anticipate that under the current schedule many of those industry experts with the greatest experience and knowledge of deicing operations will be unavailable to provide their guidance and insight on the Proposed Rule precisely when their input is most critical.
A sixty-day extension of the comment period will bring the comment period to a close at the end of February. While this date still falls during the deicing season for the airports and airlines, it carries the deadline beyond the peak holiday travel season. With the additional time, key members of our industry will be better positioned to fully consider and articulate comments on the Proposed Rule. Not only will the additional time reduce the burden on the experts in our industry, but access to unhindered industry expertise will benefit EPA by providing for a better-informed process and a more-supportable final rule. Because there is no legal deadline by which a final regulation must be promulgated the Agency has the flexibility to grant this important relief.
The Associations appreciate the opportunity to comment on the Proposed Rule, and we stand ready to work with EPA and to provide EPA with accurate and actionable information on the Proposed Rule. To achieve that end, however, we respectfully request that EPA grant the 60-day extension of the comment period. Thank you for your time and consideration of this request.
Sincerely,
Tim A. Pohle
Managing Director, U.S. Environmental Affairs
Air Transport Association of America, Inc.
Jessica Steinhilber
Senior Director – Environmental Affairs
Airports Council International – North America
Melissa Sabatine
Vice President – Regulatory Affairs
American Association of Airport Executives
Eric R. Byer
Vice President, Government & Industry Affairs
National Air Transportation Association
Liam Connolly
Director – Industry & Regulatory Affairs
Regional Airline Association
cc: Ephraim King, Director, Office of Science and Technology (king.ephraim@epa.gov) Eric Strassler, Project Manager, Engineering and Analysis Division (strassler.eric@epa.gov)
View PDF of letter.