EPA Issues Compliance Extension on SPCC Amendments

NATA News NATA News Volume 7, Issue 47, November 24, 2008 Latest News

EPA Issues Compliance Extension On SPCC Amendments

Late last week, the Environmental Protection Agency (EPA) issued changes to the Spill Prevention, Control and Countermeasure (SPCC) final rule that was issued in December 2006, including an extension of the compliance date for affected entities (those newer facilities built after August 16, 2002) from July 1, 2009, to November 20, 2009.

According to the EPA, these "new amendments to the SPCC rule will clarify regulatory requirements, tailor requirements to particular industry sectors, and streamline certain requirements for facility owners or operators subject to the rule. With these changes, EPA expects to encourage greater compliance with the SPCC regulations, thus resulting in increased protection of human health and the environment."

The EPA provided a new definition of "facility" that may allow separate "facilities" at a location. With this new definition, airports could possibly require leased operations and tenant operations to prepare their own SPCC Plan as a separate "facility."

The EPA provided a definition of "loading/unloading racks" as follows that will allow many airports to utilize simpler general secondary containment rules for their loading/unloading operations at their tank farms:

"Loading/unloading rack means a fixed structure (such as a platform, gangway) necessary for loading or unloading a tank truck or tank car, which is located at a facility subject to the requirements of this part. A loading/unloading rack includes a loading or unloading arm and may include any combination of the following: piping assemblages, valves, pumps, shut-off devices, overfill sensors, or personnel safety devices."

Facilities that have a "loading rack" will be required to build a containment structure for the delivery vehicle or rail car large enough to contain the largest compartment in the vehicle. If the facility only has simple "loading areas" (which is the case on most airports), then only the general secondary containment rules apply and a more simple containment structure is required. The certifying professional engineer (PE) who prepares your plan will provide the details that will be appropriate to your airport.

The EPA is providing additional streamlined provisions of smaller facilities. Under the last rule published by the EPA in December 2006, facilities that have less than 10,000 gallons of total aggregate storage can prepare their own SPCC Plan and will not require a PE to certify the plan. These self-certified plans still require all the SPCC requirements and the SPCC Plan would be similar to a PE's plan, only without the cost of hiring the PE. Under this new rule today, if a facility has less than 10,000 gallons of aggregate storage AND no container greater than 5,000 gallons (and several other requirements), the facility will be allowed to utilize a streamlined template provided by the EPA to prepare their self-certified SPCC Plan. This approach will be much easier for smaller facilities and will likely apply to many smaller airports and smaller airport tenant operations.

Click here to review the association's SPCC Update that we recently provided to members.

Click here to review EPA's SPCC Rule Web Page.

A comprehensive regulatory analysis of these new amendments will be provided to members shortly.

For more information please contact Eric Byer.

CBP Manifest Rules Include Few Changes

Regulations published last week by the Customs and Border Patrol (CBP) will require every private aircraft arriving or departing the United States to submit an electronic passenger and crew manifest via the agency's Electronic Advance Passenger Information System (eAPIS).

Compliance with the manifest requirement is required for any flight on or after May 18, 2009. This requirement applies to every private aircraft regardless of weight or passenger capacity. All commercial operators have complied with similar requirements for several years. The eAPIS Internet application is already widely used by the on-demand air charter industry to comply with commercial operator manifest requirements.

Although the CBP received hundreds of comments challenging the need for the rules, the agency has moved forward with instituting the manifest requirement. In comments to the agency, NATA had expressed concern with the ability of operators to submit manifests using the Internet-based eAPIS when many locations, particularly those outside the U.S., may not have computers or Internet access available.

NATA is pleased that the CBP attempted to address this concern by allowing pilots to submit their return manifests in advance of the departure. The CBP states that while manifests must be submitted at least 60 minutes prior to flight there is no specified maximum time for supplying the manifest data and obtaining landing clearance.

Customs recognized that allowing manifest submissions potentially several days in advance could be problematic should the need arise for a change in the expected time of arrival or a change to the arrival location. The CBP will allow the pilot to make such changes via telephone or radio. It does not appear that the CBP will permit the addition of new passengers to a manifest via any method other than eAPIS.

The new regulations appeared in the Federal Register Tuesday, November 18, and are available for download by clicking here. Back to Top

President Bush Opens Military Air Space For Holiday Travel

President Bush announced last week that airspace usually dedicated solely to the military will open temporarily to commercial airliners, helping to ease congestion during the Thanksgiving and Christmas holiday travel seasons. Last year, military airspace was opened on the East Coast to civilian flights during the holiday season. However, this year airspace in the Midwest, the Southwest, and the West Coast, including the skies over Phoenix and Los Angeles will also be open to civilian flights.

"Opening up military airspace worked last year, and now we're expanding that innovation this year," Bush said. Bush added that the White House was working with the FAA, Transportation Security Administration and the airlines to speed up check-in and boarding processes and help passengers whose flights are canceled or delayed. In addition, President Bush stated that the Department of Transportation recently completed regulations that provide increased protections for consumers, such as ensuring that commercial airlines provide greater compensation for lost bags and penalties when airlines fail to notify travelers of hidden fees. These rules are expected to take effect in December.

Reducing air congestion is an ongoing effort, including airport improvements projects, and boosting flight capacity at our nation's busiest airports. A total of 14 new runways have been completed in the past eight years of the Bush administration. Three of those runways opened last week at Seattle-Tacoma, Washington-Dulles and Chicago O'Hare, which will also help to ease congestion. The most important component of improving air travel continues to be upgrading our air traffic control system by implementing the Next Generation Air Traffic Control System or NextGen. Passage of the FAA Reauthorization legislation is critical to ensuring these systems receive funding and that implementation isn't delayed.

Congress Reconvenes And Votes On House And Senate Leadership Changes

Congress returned to Washington last week to work on unfinished business before the second session of the 110th Congress comes to an end. The post-election legislative agenda has been difficult to miss, as every major network has highlighted both the U.S. House of Representatives and U.S. Senate hearings on the potential bailout of the three troubled U.S. automakers, General Motors (GM), Ford and Chrysler. The proposed $25 million legislation to aid U.S. automakers failed to reach a deal in the U.S. House of Representatives last week. House Speaker Nancy Pelosi (D-CA) stated that the House will likely be back in session in December as a result.

House Leadership Changes:

• The U.S. House of Representatives voted to retain Rep. John Boehner (R-OH) as the Republican Minority Leader in the House. Dan Lungren (R-CA) was his unsuccessful challenger. • Rep. Eric Cantor (R-VA) was nominated as the new minority whip because current Minority Whip Roy Blunt (R-MO) decided not to run again for the post. • Rep. Tom Cole (R-OK) unexpectedly withdrew from the race to retain his chairmanship of the National Republican Congressional Committee, leaving the gavel to his rival, Rep. Pete Sessions (R-TX).

House Committee Assignment Changes:

• The U.S. House of Representatives Democratic Caucus voted by secret ballot to replace Rep. John Dingell (D-MI), the current chairman of the Committee on Energy and Commerce. Rep. Henry Waxman (D-CA) won by a 133 to 121 vote. Waxman is currently the chairman of the House Committee on Oversight and Government Reform. The result gives Waxman, an environmentalist, a key role in shaping legislation on climate change, energy, healthcare and other priorities of President- elect Obama.

Senate Committee Assignment Changes:

• U.S. Senate Democrats voted by secret ballot to retain Sen. Joseph Lieberman (I-CT) as chairman of the Committee on Homeland Security and Governmental Affairs. The decision was a surprise after Lieberman spoke in favor of GOP Presidential Candidate Sen. John McCain (R-AZ) at the Republican National Convention. Many Democrats attributed the vote to be the result of a spirit of reconciliation promoted by President- elect Obama. In lieu of stripping Lieberman's committee chairmanship, the senators voted instead to take his seat on the Committee on Environment and Public Works, which includes revoking his chairmanship of the global warming subcommittee. The result amounts to a far milder punishment than many members and aides expected.

This Week's Announcements For President-Elect Obama's Cabinet

Today, President-elect Obama announced that his economic team will be headed by Timothy Geithner as Treasury Secretary and Lawrence Summers as head of the National Economic Council. Geithner has been the president of the Federal Reserve Bank of New York since 2003, and Summers was treasury secretary under President Clinton.

President-elect Obama drafted a new economic recovery plan to help calm the financial markets by creating 2.5 million jobs over the next two years. The plan, however, is likely to exceed the $175 billion proposal that Obama promoted during his campaign and includes money for infrastructure projects, new environmental technologies and tax cuts for low- and middle-income taxpayers. It does not include a tax increase for the wealthy. Democratic Congressional leaders said they would get to work when Congress convenes January 6, when they will have a majority in the U.S. House of Representatives and a likely majority in the U.S. Senate. In addition, Former Senate Majority Leader Tom Daschle (D-SD) was named as the next secretary of the Department of Health and Human Services. Daschle, an early supporter of Obama's candidacy, has long been interested in health care and was one of the loyal supporters of President Bill Clinton's failed 1993 universal health care plan. Daschle wrote a book that was published in February title "Critical: What We Can Do About The Health-Care Crisis" that addresses his proposal for a Federal Health Board to create a public framework for private health-care delivery system. Daschle was a close adviser to Obama throughout his presidential campaign and has been outspoken about his desire to enact a government- funded health care insurance program to help cover the approximately 40 million Americans who do not have health care.

A few key White House staff announcements have been made: Ellen Moran, Director of Communications, Robert Gibbs, Press Secretary, and Dan Pfeiffer, Deputy Director of Communications. Moran currently serves as executive director of EMILY's List, and has worked previously for the Democratic Congressional Campaign Committee. Gibbs began working with President-Elect Obama in April 2004, serving as communications director for his United States Senate race and later as his Senate communications director. Pfeiffer currently serves as the communications director for the Presidential Transition Team. He began on Obama's presidential campaign in January 2007 as the traveling press secretary before returning to Chicago to manage the press operations.

While there has been a lot said about Senator Hillary Clinton being selected as Secretary of State, and Governor Bill Richardson as Secretary for the Department of Commerce, these positions haven't been officially announced by President-elect Obama but are expected to be after the Thanksgiving Holiday.

Association Launches Grassroots Campaign To Oppose Aircraft Tax Increase In Loudoun County, VA

The Loudoun County Board of Supervisors, in Loudon County, Virginia, is considering raising the tax rate on aircraft to increase revenue for the Fiscal Year 2010 budget. Loudon County Supervisor Kelly Burk advised the aviation community about the potential tax increase out of concern for the effect it would have on Leesburg Executive Airport as well as Dulles International Airport, both located in Loudoun County.

Loudoun County is home to eight aerospace companies, including Rockwell Collins, AeroAstro, and Orbital Sciences Corp. In 1994, the board of supervisors passed an Economic Development Plan and Growth Strategy that allowed the use of tax breaks to stimulate growth in a specific industry, such as aerospace.

This was not the first time the county used tax breaks for recruiting industry clusters. The county had lowered the tax rate for aircraft and aircraft simulators to encourage activity around Dulles Airport. Now that Loudoun County is flourishing, the county would like to gain revenue from profitable sources in the county. The potential rate increase could be as much as $4.20 per $100. The current tax rate is $.01 per $100. Members with aircraft based in Loudoun County, Virginia, are strongly encouraged to contact the Loudoun County Board of Supervisors to express your concern, highlighting the negative effects this significant tax increase would have on the general aviation industry.

To view the association's complete action call on this issue, please click here.

For more information, please contact Kristen Moore.

Senate To Draft Leaner Global Warming Bills In January

U.S. Senate Environment and Public Works Chairwoman Barbara Boxer (D-CA) announced last week that she plans to offer two new global warming bills in January. While Senator Boxer contends that such legislation would be significantly more compact than previous bills, it would also be focused on creating jobs to help battle a deepening economic downturn. One bill in particular would direct the U.S. Environmental Protection Agency to limit greenhouse gas emissions through a market-based cap-and-trade program. The details of this legislation would be called for by President-elect Obama. The second bill she intends to introduce would create a $15 billion annual grant program to spur clean energy innovation.

Earlier this year, Sen. Boxer introduced cap-and-trade legislation despite the lack of support for such legislation. However, when the 111th Congress reconvenes in January, her efforts will be bolstered by a stronger Democratic majority, a Democratic President, and an ally in incoming U.S. House of Representatives Energy and Commerce Chairman Henry Waxman. Boxer stated she will hold a hearing early in the year on how combating global warming can help the economy.

Association Publishes EPA Regulatory Review On De-icing

NATA has published a new U.S. Environmental Protection Agency (EPA) Regulatory Review on De-icing for members to review to ensure compliance.

The EPA recently issued a new Multi-Sector General Industrial Stormwater Permit, which is used by many airports across the United States. Airports typically either use a General Permit or (as is often the case for larger airports) have a site-specific or individual permit tailored to that particular airport. This White Paper will discuss the new parts of the General Permit and will focus on impacts to airport operations with an emphasis on airport de-icing and anti-icing. This white paper will also discuss new regulations on Effluent Guidelines for de-icing materials that is expected to come out as a proposed rule in early 2009.

To view the association's EPA Regulatory Review on De-icing, please click here. For more information, please contact Eric Byer.

Association Provides Members With Environmental Public Relations Tools

NATA last week published a number of public relations tools that members are encouraged to utilize to counter accusations levied by environmental groups.

The public relations tools include the association's regularly updated fact sheet, a generic PowerPoint presentation that members can utilize when speaking to any audience in any forum, talking points that members can use when addressing the media and a boilerplate opinion editorial. Each of these items can be viewed at the links below:

• NATA Environmental Fact Sheet (Updated -- November, 2008) • NATA Environmental PowerPoint Presentation • NATA Environmental Talking Points • NATA Environmental Opinion Editorial

For more information, please contact Eric Byer.

The New www.nata.aero, Your Industry News Source

Visit www.nata.aero often for instantly updated industry news and information. NATA's site features a new live industry news feed on the homepage. The feed's sources and content topics are customized to deliver the latest news you need.

Select the NATA News tab on the homepage to view all NATA-issued press releases, action calls, and reports. You may also opt to visit your area of interest (Ground Ops, Flight Ops, etc.) for the NATA news and information that means the most to your business.

NATA offers our members yet another option for news delivery in the Classifieds area. Members may post their own news releases. The posted news releases are sorted by specific area of interest and may be made available in the appropriate industry area of the site. Share your news today!

With all of these news options, there is even more reason to visit often and make www.nata.aero your source for industry information.

NATA is currently looking to fill the Manager, Regulatory Affairs position within its Government and Industry Affairs Department.

Interested parties may view the job description for the Manager, Regulatory Affairs position by clicking here.

For more information, please contact Eric Byer.

NATA's Thanksgiving Holiday Schedule

NATA's offices will be closed on Thursday, November 27 and Friday, November 28 for the Thanksgiving Holiday. For website questions please email [email protected].

Aviation's Effect On The Environment - Did You Know?

NATA's quick facts on the aviation industry's effect on the environment are designed to ensure that members take every step necessary to minimize the effect aviation has on the environment while recognizing all those good initiatives the industry has taken to reduce global warming.

Fact #34: In today's edition of NATA News, the association announced the release of a number of public relations tools for members to utilize to counter environmental industry attacks against aviation.

To view the public relations tools, please click here.