August 25, 2009

MEMORANDUM

From:	Mindy Eisenberg, Associate Chief

	Drinking Water Protection Branch

To:	Docket ID No. EPA–HQ–OW–2005–0025

Subject:	OMB E.O. 12866 Review of Aircraft Drinking Water Rule (ADWR)

OMB completed its review and cleared the final ADWR on August 17, 2009. 
The following key changes were made as a result of the review:

In cases of a total coliform-positive result, the aircraft may serve
water once the aircraft has been disinfected and flushed, and follow-up
samples taken, but before the follow-up sampling results come back from
the lab.  The air carrier may not serve water if any subsequent
follow-up sample is TC+. No changes to E. coli-positive results.

The corrective actions associated with failures to perform rule
requirements are differentiated between non-fecal-related events and
those that are associated with fecal events.  

In the cost analysis and RFA analysis, annualized costs are presented as
both incremental costs and rule implementation costs.  While the
regulatory baseline is the existing NPDWRs and this is used in
presenting the incremental cost savings, the final rule requirements
were also compared against the AOCs and that cost is presented.  In
addition, the small businesses were further analyzed in the RFA section
by estimating cost savings for small businesses with fewer than 500
employees and those with 500 and more.

The routine disinfection and flushing and monitoring frequencies were
clarified to show EPA’s intent that air carriers disinfect and flush
or monitor within the prescribed period so that the routine events are
evenly spaced throughout the year.

Aircraft with a removable/portable tank (regardless of size) which is
drained daily before use, and with only one tap onboard may take one 100
mL routine sample.

