MEMORANDUM

SUBJECT:	EPA/ATA Meeting	 

FROM:	Richard Naylor 

Drinking Water Protection Branch

TO:	Docket ID No. EPA–HQ–OW–2005–0025. 

At the request of the Air Transport Association (ATA), a meeting was
arranged by Mark Pollins, Director, Water Enforcement Division, Office
of Enforcement and Compliance (OECA), Environmental Protection Agency
(EPA).  It was held on May 28, 2009, at EPA headquarters (see attached
attendance list).  ATA requested the meeting primarily to discuss the
following:

1)   Data in support of the rulemaking approach that ATA plans to
submit;

Transition from the Administrative Orders on Consent to the Aircraft
Drinking Water Rule (ADWR);

Issues with the Food and Drug Administration (FDA) not providing an
approved list of watering points.

At the beginning of the meeting, Mark Pollins announced that EPA could
not discuss the Final ADWR. It was noted that the public comment period
had closed and the Agency’s version of the final rule was currently
under review by OMB.  It would be difficult for EPA at this late stage
to consider any new comments; however, ATA should submit any additional
comments to EPA as soon as possible.

Sampling Data Observations

- ATA clarified that the sampling data observations it was making today
were based on AOC data that were already in EPA’s possession.  

- Though ATA found that the data confirmed that the overall approach to
water system maintenance was working, ATA observed that there was no
correlation between more frequent disinfection and flushing and lower
total coliform (TC)-positive occurrence rates.  They explained that air
carriers with a “well-run” maintenance program have low TC-positive
hit rates.  ATA requested that the rule provide flexibility for air
carriers to disinfect and flush an aircraft less frequently based on
good monitoring results.  ATA said this will create an incentive for air
carriers to have a “well-run” maintenance program.  

- ATA also observed a higher TC-positive occurrence rate in samples
taken from lavatories compared to samples taken from galleys.  They
believed that TC samples were a “less reliable” measure in
lavatories than in galleys.  They are concerned about the required
corrective actions in response to TC-positive occurrences. 

AOCs and Transition

- EPA/OECA explained that the orders will stay in effect during the
transition period between final publication of the rule and the
compliance date in the regulations.  In the interim, EPA will allow air
carriers to modify or re-open their orders to clarify their duties
during the transition period and define sampling and response procedures
based on the final rule.  Air carriers may also choose to keep the terms
of their original orders in the transition period.  

- EPA/OECA plans to continue its enforcement role when the rule comes
out.  OECA offered to meet with ATA members to discuss enforcement
during the transition period.   

FDA Watering Point Issues

- ATA is concerned that there is no list of approved FDA watering
points.  FDA explained that it maintains an Official Establishment
Inventory (OEI) of firms and facilities that it inspects which contains
aircraft watering points and service areas.  However the OEI is not
publicly available in a list form that the airlines would prefer.  FDA
agreed to work with ATA to develop and make available an up-to-date list
of approved watering points.

- ATA is also concerned about the consequences to air carriers when a
watering point problem is identified during an FDA inspection.  FDA
agreed to work with ATA to update the inspection guidance to increase
consistency across FDA inspections. FDA confirmed for ATA that the FDA
inspector does not have the authority to ground aircraft based on
watering point violations.

Schedule

In response to ATA, EPA stated that the final rule is scheduled to be
published in late September 2009.  About that time, EPA expects to
publish a revised Draft ADWR Technical Guidance Manual for review and
comment.  Also, EPA said it will provide training on implementing the
ADWR following publication of the final ADWR. 

EPA/ATA Meeting – May 28, 2009

Attendance List

Timothy Pohle, ATA

Thomas Richichi, Consulting Attorney for the ATA

Mark Pollins, OECA

Joseph Theis, OECA

Everett Volk, OECA

Melissa Katz, Intern, OECA

Carrie Wehling, Office of General Counsel

Richard Naylor, Office of Ground Water and Drinking Water (OGWDW) 

Allison Watanabe, OGWDW 

Dean Davidson, FDA

 

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