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December 2008
Obama’s Campaign Promises on Energy Issues
Click here to read a recent
article by David Doane, ILTA’s President, on how President-elect Obama’s
strategies may shape future energy and environmental policy.
Starting January 15, federal contractors and subcontractors will be
required to begin using the E-Verify employment verification system to
check their employees’ eligibility to legally work in the United
States. All federal contractors must agree, through language inserted
into their contracts, to electronically confirm the employment
eligibility of existing employees who directly work on federal contracts
and of all new hires. A list of frequently asked questions on E-Verify
and its applicability to federal contractors is available on the U.S.
Citizenship and Immigration Service’s website at
www.uscis.gov/files/article/FAR_FAQ13nov08.pdf.
TSA
has released new risk-based freight rail security standards for
poisonous by inhalation, explosive and radioactive hazardous materials.
Under the final rule, carriers and facilities that ship or receive these
products will be required to physically inspect rail cars prior to
shipment. Carriers will also be required to establish additional
procedures for hand-off of materials at the points of origin, delivery
and interchange to meet “secure chain of custody” standards. This rule
is effective December 26, 2008. To view the rule as it was published in
the Federal Register
click here.
API
recently issued industry comments on the DHS draft Risk-Based
Performance Standards as they relate to gasoline and unmanned
facilities. To view these comments,
click
here.
November 2008
DHS
published a draft Risk-Based Performance Standards guidance document
associated with implementing the CFATS for review. DHS seeks comment on
the guidance, and has asked to be provided with the rationale for making
recommended changes, including relevant data, information, or authority
to support the suggestions. Comments are due on November 26, 2008 and
should reference Docket Number 2006-0073. To view the document,
click here.
EPA
issued a
proposed a rule to replace
existing standards for continuous parameter monitoring systems (CPMS)
with new procedures for selecting, installing and placing CPMS into
operation. The rule would apply to stationary sources, including
gasoline distribution facilities, that use CPMS for monitoring
temperature, pressure, liquid flow rate, gas flow rate, mass flow rate,
pH, or conductivity to indicate control device performance or emission
source operation.
October 2008
ILTA invites its members to log on to
the Member’s Only site to view its two newest sections. Under the
Committees and Working Group section, members can view reference
materials, including agendas, presentations, and handouts, from recent
ILTA meetings. Under the Safety First section, members can gain
information on the ILTA Safety Award Program as well as view safety
sharing incident reports. To log on,
click here.
ILTA held its bi-annual Environmental,
Health and Safety (EH&S) Committee Meeting in St. Louis, MO. More than
40 ILTA terminal member representatives attended. Topics discussed
included: on-site confined space rescue; on-site defibulators; overfill
protection requirements for tank trucks; and sludge buildup in diesel
tanks from pipeline flow improving polymer. ILTA members may view the
meeting agenda, member presentations and handouts from this meeting
within ILTA’s Member’s Only site.
EPA recently issued a new Multi-Sector
General Permit (MSGP) for an estimated 4,100 industrial facilities to
implement site-specific stormwater pollution prevention plans. It
replaces the previous MSGP, which was issued in October 2000 and expired
in October 2005. EPA will host a webcast on Wednesday, November 5 from
noon to 2 p.m. (EST) to explain the new permit requirements. For more
information, click visit
EPA’s
Website.
In November, ILTA will host an Advanced
Tanks-Air Emissions, conducted by Rob Ferry of the TGB Partnership.
This day-and-a-half workshop will provide a detailed look into air
emissions issues relating to the design, construction, and inspection of
aboveground storage tanks. Topics will include regulatory compliance,
emissions calculations, and recordkeeping and reporting requirements.
The workshop will be held on November 12-13 at the Hotel du Pont in
Wilmington, DE. For more information or to register
click here.
September 2008
In response to the U.S. Supreme Court’s
decision in
Massachusetts v. EPA,
the EPA recently published an
advance notice of proposed rulemaking
that addresses policy alternatives for regulating greenhouse gas (GHG)
emissions from both mobile and stationary sources. Regulatory
considerations for mobile sources include changes to the existing rules
for Title II permits, on and off road vehicles and engines, aircraft
engines, and vehicle fuels and fuel alternatives. Among the proposed
changes that would likely impact the terminal industry are provisions
for GHGs within the National Ambient Air Quality Standards, New Source
Performance Standards, the New Source Review and Prevention of
Significant Deterioration programs, and the Title V permitting program.
Several federal agencies have expressed strong opposition to the
proposed rule. Comments on the proposed rule are due November 28, 2008.
For ILTA’s analysis highlighting the numerous requests for comments as
well as the opposition’s commentary
click
here.
ILTA encourages those terminal
facilities with preliminarily tiered gasoline facilities under CFATS to
request a technical consultation with DHS. To do so, send an email to
csat@dhs.gov. DHS requires that all requests include a
one-paragraph letter stating the reason for the technical consultation
as well as the names and CVI certification numbers for the employees who
would attend the consultation meeting. For information on CVI
certification, please contact Peter Weaver at
rpweaver@ilta.org.
August 2008
ILTA recently
completed three industry benchmark survey reports for its terminal
members. The first provides results from ILTA’s Sixth Annual Terminal
Safety Survey. The second provides statistics on terminal
environmental, health, safety and security (EHS&S) staffing levels.
These two reports are available exclusively to terminal members who
participated in the surveys. The third report provides detailed
statistics on compensation levels and employee benefits policies at ILTA
terminal member companies. Survey participants received free copies of
the results, however, ILTA terminal member companies that did not
participate in the survey may purchase the report for $150. For more
information, contact ILTA at 202-842-9200.
July 2008
ILTA set new records for
attendance during its 28th Annual Operating Conference & Trade
Show. Over 775 participants attended the conference and workshops,
exceeding last year’s record by more than 60 registrants. Additionally,
the exhibit hall featured 232 domestic and international companies and
hosted an overall attendance of over 3,200 terminal executives, operators
and suppliers from around the world.
ILTA recently recognized
nine companies for their outstanding safety performance records in 2007.
Two categories of awards were presented. Winners were selected based on
their total reportable incident records as reported to the Occupational
Health & Safety Administration and based on their responses to a
questionnaire designed by ILTA’s Safety Award Program Committee.
The 2008 Safety
Excellence Award winners include:
-
Buckeye Terminals, LLC
-
CITGO Petroleum
Corporation
-
Houston Fuel Oil
Terminal Company
-
JIT Chemical
Corporation
-
Motiva Enterprises –
New Jersey Complex
-
Southside River-Rail
Terminal, Inc.
-
Stolthaven
The 2008 Platinum Safety
Award winners include:
-
Flint Hills Resources,
LP (large terminal award)
-
Asphalt Operating
Services, LLC (small terminal award)
DHS has
updated its TWIC program compliance schedule for Captain of the Port
Zones. Numerous port zones have been targeted for compliance before the
current April 15, 2009 deadline, including Baltimore, Jacksonville, New
Orleans and many others. Compliance dates will be announced in the
Federal Register at least 90 days in advance. For a complete listing
of the tentative port zone groupings for compliance
click
here.
DHS has sent
notification letters to the 32,000 facilities that had submitted a CFATS
top screen application in January. Of these facilities, 7,000 have been
preliminarily classified as a tier 1-4 “high-risk.” These notification
letters cited (1) facility chemical(s) of concern, (2) the “security
concern,” namely whether the risk is release/flammable, theft/diversion,
sabotage, etc., and (3) the preliminary risk tier of the facility. The
remaining 25,000 facilities were excluded from further reporting
requirements under CFATS. For more information
click here.
ILTA has completed its
Environmental Management System (EMS) Guide, which offers terminal company
personnel “real world” advice on translating general requirements of an
environmental standard into procedures that can constitute an effective
EMS. Based on the ISO 14001 Standard, the EMS Guide starts with the basic
elements of an EMS and builds on them with practical information that
transforms the vague language of the standard requirements into a
manageable set of tasks. Terminal members may download a copy of the EMS
Guide from the Member’s Only area of ILTA’s website. For more
information, please contact
Peter Weaver.
June 2008
ILTA will announce its
name change to the International Liquid Terminals Association during the
28th Annual Operating Conference & Trade Show in Houston, TX.
This name change reflects the association’s direction toward a broader
membership base and its ever-growing international presence. For more
information
click here.
The conference and trade show will be held on June 9-11, 2008 at the
Hilton Americas-Houston and the George R. Brown Convention Center.
DHS is
extending its compliance date for the TWIC program to April 15, 2009.
However, owners and operators of facilities located within Captain of the
Port Zones Boston, Northern New England and Southeastern New England will
need to comply by October 15, 2008. For more information
click
here.
May
2008
Facilities regulated under
EPA’s gasoline distribution area source rule must submit an initial
notification to EPA by May 9. More information on this rule will be
presented during a roundtable discussion on June 9 at
ILTA’s Annual Operating
Conference in Houston. In addition,
a one-day workshop on the implementation of this new rule will be held on
June 19 at the JW Marriot in Houston, TX between 8:00 am and 4:00 pm. The
workshop is co-sponsored by API and ILTA. Rob Ferry with the TGB
Partnership will review the rule’s requirements. The cost to attend is
$350. Please contact Peter Weaver for additional information at
rpweaver@ilta.org.
Terminal facilities required
to submit Toxic Release Inventory (TRI) data may now submit the
information electronically. For more information, please visit
EPA’s website.
April 2008
ILTA invites its terminal
members to participate in a new ILTA Environmental, Health, Safety &
Security (EH&S) Staffing Survey. Terminal members are being asked to
participate by completing one corporate survey, and individual terminal
surveys for dedicated or regional staffing as applicable. Participating
companies will be provided with a summary of the results profiling
industry staffing levels. Strict confidentiality of all responses
will be maintained. Each
version is expected to take 10 minutes to complete. To participate
in the survey,
click here.
OSHA is offering a new
voluntary OSHA Outreach Training Program to the maritime industry.
Individuals who complete a one-week OSHA Maritime trainer course will be
authorized to teach 10-hour or 30-hour safety health hazard recognition
and prevention classes within the marine terminal industry. For more
information on the trainer courses
click
here.
EPA Launches New Electronic
Reporting System – EPA is accepting certain documents required under 40
CFR 82 for the Stratospheric Ozone Protection Program. Additional
information, including the electronic reporting forms, training and
guidance documents are available
here.
In a recent AWO Letter, the bi-monthly
newsletter of the American Waterways Operators, U.S. Coast Guard
Commandant Thad Allen issued
new directives for USCG
personnel on open communications and the right of appeals process. These
new policies were based on analysis from a report submitted by Vice
Admiral James Card (Retired) in 2007. VADM Card’s “report
card” included an assessment of the commercial
maritime industry’s experiences, perceptions, concerns and recommendations
regarding the Coast Guard’s performance.
During a DHS “listening
session” held on March 7, 2008, Guy Colonna, P.E. of the National Fire
Protection Association (NFPA) and Bill Frank, P.E. of Frank Risk
Solutions, Inc. each presented on the explosive hazards associated with
gasoline.
Mr. Colonna’s
presentation focused on
the NFPA 704 Standard for Identification of the Hazards of Materials.
Mr. Frank’s
presentation focused on
vapor cloud explosions, and why they are unlikely to occur at a liquid
fuel tank facility.
March 2008
The Missouri Senate is considering a bill (SB 759) that
would require all diesel fuel sold at the retail level in Missouri consist
of a biodiesel blend containing at least five percent biodiesel beginning
April 1, 2010. ILTA has expressed strong opposition to SB 759 in a recent
letter sent to the Missouri
state senators, the Governor’s office, and the Missouri Department of
Agriculture. The letter requested that the Senate suspend further
consideration based on the fact that, if passed, SB 759 would result in a
costly waste of infrastructure resources, including unneeded biodiesel
tanks and blending equipment.
The DHS Port Security Grant Program (PSGP) will
distribute $388.6 million to the owners or operators of federally
regulated terminals and facilities for the purpose of enhancing access
control and credentialing, protecting against IED and other
non-conventional attacks, and conducting disaster-response training.
Applications are due March 17, 2008. To access the funding “Guidance and
Application Kit”
click
here. The CFDA number for
PSGP is 97.056 and the Opportunity Number is DHS-08-GDA-067-1806.
The National Taxpayers Union recently met with the
Office of Management & Business to express opposition to the tightening of
the Ozone Standard. To view a statement of Pete Sepp, Vice President for
Policy & Communications for the National Taxpayers Union,
click
here.
February 2008
EPA’s proposed amendments to the NAAQS for ozone have been opposed by
numerous companies, trade associations, state agencies, governors,
congressmen and other public officials alike. In addition to postings on
EPA’s docket, the
Council on Environmental Quality received a
letter from U.S. Representative Fred Upton (R-MI)
and the White House Chief of Staff, Joshua Bolten, received a
joint letter from several Tennessee mayors
who represent counties that would be affected by a change in the existing
standard. The deadline for EPA to finalize any changes to the existing
standard is March 12, 2008.
Beginning February 1, employers must
post an annual summary of the total number of job-related
injuries and illnesses that occurred during 2007 and were logged on OSHA Form 300A.
Results must remain posted until April 30, 2008. All summaries must be
certified by a company executive and displayed in a common area wherever
notices to employees are normally posted. Companies with no recordable
injuries or illnesses in 2007 must post the form with zeroes on the total
line. For more information, and to access copies of the required forms,
please visit the
OSHA
Web site.
ILTA invites all domestic terminal
members to participate in our 2nd Annual Safety Award Program
in conjunction with our 6th Annual Terminal Member Safety
Survey. As in 2007, our 2008 program will present two levels of awards:
the “Excellence Award” and the “Platinum Award.”
As discussed in the February issue of
ILTA News, the Pipeline and Hazardous Materials Safety Administration
(PHMSA) recently published
proposed recommended practices
for loading and unloading tank trucks and railcars in the Federal
Register. ILTA held a conference call with terminal members on
January 24 to review PHMSA’s proposal. Meeting notes from this call may
be viewed
here. In addition, a
memo outlining several of the
industry’s concerns was drafted by Chris Casnelli of the Petroleum Fuel &
Terminal Company. ILTA will be developing comments on behalf of our
members to submit to PHSMA by the February 8 deadline.
The U.S. House Homeland Security
Committee released
draft legislation on January
18 designed to replace the recent CFATS legislation. A full Committee
markup is expected during February.
January 2008
ILTA
reminds terminal operators that a
TWIC Training Program Template
is available for adaptation and use by those facilities subject to MTSA.
This is a PowerPoint presentation that includes a prototype script for an
instructor under the “notes” section. Also, placeholder slides are
included for incorporating TWIC into existing facility access control
systems.
DHS has published
significant changes to its requirements for fuel facilities to submit a
CSAT Top Screen Application under the Chemical Facility Anti-Terrorism
Standard. These changes may be found in their
CSAT Top-Screen User Manual, Version 1.3.
This rule does not apply to facilities subject to MTSA Part 105.
Information and forms
for the 2008 ILTA Annual Operating Conference and Trade Show is available
here.
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