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Letters, Comments and Testimony


Comments
ILTA Submits Reply Comments to STB on Demurrage Billing Requirements
December 6, 2019

Reaffirming our previous comments submitted on November 6, ILTA strongly supports the Board’s proposal as a significant and positive step forward. ILTA thanks the Board for its willingness to address the unintended consequences brought about by the 2014 regulations concerning the assessment of demurrage charges. ILTA believes the proposed rule will bring greater fairness and clarity to the assessment and collection of demurrage charges. More


Comments
ILTA, ACC Submit Joint Comments on OLD RTR to EPA
December 5, 2019

The American Chemistry Council (“ACC”) and the International Liquid Terminals Association (ILTA) respectfully submit these comments on the U.S. Environmental Protection Agency’s (“EPA”) proposed
National Emission Standards for Hazardous Air Pollutants (NESHAP): Organic Liquids Distribution (OLD) (Non-Gasoline) Residual Risk and Technology Review (84 Fed. Reg. 56288, October 21, 2019)
(“proposed standards”). More



Letter

Business Coalition Sends House Energy and Commerce Committee Letter Opposing H.R. 535
November 17, 2019
 
We, the undersigned associations, write to you in opposition of H.R. 535, the PFAS Action Act of 2019, as well as the amendment offered in the nature of a substitute to H.R. 535. More


Comments
ILTA Comments to STB on Demurrage Billing Requirements
November 6, 2019

ILTA strongly supports this proposal as a significant and positive step forward. ILTA thanks the Board for its willingness to address the unintended consequences brought about by the 2014 regulations concerning the assessment of demurrage charges. Overall, ILTA feels that the proposed rule will bring greater clarity to the assessment and collection of demurrage charges and will help ensure fair treatment of consignees such as terminal operators.
 More

Letter
ILTA Urges House to Fully Use Harbor Maintenance Trust Fund
October 25, 2019


I am writing on behalf of the Members of the International Liquid Terminals Association (ILTA) to encourage you to vote affirmatively for H.R. 2440, the Full Utilization of the Harbor Maintenance Trust Fund (HMTF) legislation that will be considered by the full House of Representatives under Suspension of the Rules on Monday, October 28. This critical bipartisan legislation has the support of both of Committee on Transportation Chairman Peter DeFazio and Ranking Member Sam Graves, along with Subcommittee on Water Resources and the Environment Chairwoman Grace Napolitano and Ranking Member Bruce Westerman. More


Comments

ILTA Comments in Support of EPA's Reclassification of Major Sources as Area Sources

September 24, 2019

The International Liquid Terminals Association (ILTA) is pleased to provide these comments in support of EPA’s action that will allow a major source to reclassify to an area source at any time by limiting its potential to emit (PTE) hazardous air pollutants (HAP) to below the major-source thresholds. As EPA has explained in the notice, the Clean Air Act (CAA) does not require that a source remain a major HAP source once designated as such. This action will potentially incentivize source operators of major HAP facilities to reduce their HAP PTE and thereby allow them to redesignate to an area source and reduce their regulatory burden. More



Letter
ILTA Participates in Coalition Letter to Congressional Committee Leaders on PFAS
August 26, 2019

We, the undersigned associations, write to you regarding provisions in S. 1790 and H.R. 2500, the “National Defense Authorization Act for Fiscal Year 2020,” addressing the regulation of per- and polyfluoroalkyl substances (“PFAS”). More


Comments

ILTA Comments on the State of Washington Crude Oil By Rail—Vapor Pressure Requirements
August 20, 2019

The International Liquid Terminals Association (ILTA) is pleased to provide comments on North 
Dakota’s and Montana’s request for a preemption determination on the July 2019 Washington State law Crude Oil by RailVapor Pressure. ILTA asks that the Pipeline and Hazardous Materials Safety Administration (PHMSA) find that Washington State’s law limiting the Reid Vapor Pressure of crude oil is preempted by Federal Hazardous Materials Regulations (HMR). The state law is also in conflict with the Dormant Commerce Clause of the U.S. Constitution, which prevents states from interfering with interstate commerce between the states.  More


Letter
ILTA, Coalition, Reach Out to State AGs on PFAS Issue
July 25, 2019

Dear State Attorneys General:
We, the undersigned associations, write to you regarding provisions in S. 1790 and H.R. 2500, the “National Defense Authorization Act for Fiscal Year 2020,” addressing the regulation of per- and polyfluoroalkyl substances (PFAS). More


Letter
ILTA, as Part of Coalition, Asks Congress to Oppose Amendments 440, 48 of H.R. 2500
July 11, 2019

We, the undersigned associations, believe that Congress should act to address contamination associated with per- and polyfluoroalkyl substances (PFAS) in a manner that prioritizes cleanups over bureaucracy. For this reason, we oppose Amendment 440 offered by Reps. Kildee and Dingell, and Amendment 48, offered by Rep. Pappas, to H.R. 2500, the “National Defense Authorization Act for Fiscal Year 2020.” More


Comments

ILTA Files Comments with FDA on Securing the Food Chain from Intentional Adulteration
July 2, 2019

The International Liquid Terminals Association filed comments July 2 with the U.S. Food and Drug Administration on the agency's draft guidance regarding securing the food chain from intentional adulteration. The guidelines state that bulk liquid storage is particularly vulnerable to such adulteration because large volumes of food products could be contaminated in one instance.  ILTA’s comments refute that claim, citing the numerous security provisions already employed at bulk liquid terminals that would deter intentional adulteration. More

Testimony
ILTA's Andy Wright Presents at Senate Panel Roundtable on Reforming CFATS
June 4, 2019

Chairman Johnson, Ranking Member Peters and Members of the Committee, thank you for the opportunity to participate in today’s roundtable discussion of sensible reforms to the Chemical Facility Anti-Terrorism Standards (CFATS) Program. More 

Testimony

ILTA President Kathryn Clay's testimony to the Surface Transportation Board on Railroad Demurrage and Accessorial Charges
May 18, 2019 filed; May 23, 2019 testimony

Thank you for the opportunity to testify today on behalf of the International Liquid Terminals Association. The International Liquid Terminals Association (ILTA) represents more than 85 companies operating liquid terminals in all 50 U.S. states and in 37 countries. Our members’ facilities form a critical link in the transportation of a wide range of liquid commodities, including crude oil, refined products, chemicals, renewable fuels, fertilizers, vegetable oils and other food grade materials. Terminals provide essential logistics services that enable domestic commerce and connect the U.S. economy with overseas markets. Terminal operators are not customers of the railroads and have no direct contract or service agreement with the railroads. Instead, terminals and railroads share customers, who contract with the terminal to provide a fixed volume of storage and a rated capacity to load and/or unload railcars for their account. Terminal operators serve as agents for their customers in directing railcar activity at the terminal.  These shared customers – the shippers – specify the number of railcars in use based on loading and unloading capacities specified in their contracts with the terminal.  Terminal operators do not own the products, do not initiate shipments, and do not schedule receipts.  More


Letter

ILTA Letter on H.R. 2440 the Full Utilization of the Harbor Maintenance Trust Fund Act 
May 2, 2019 


Dear Chairman DeFazio, Chairwoman Napolitano, Ranking Members Graves and Westerman: 

On behalf of the Members of the International Liquid Terminals Association (ILTA) we thank you for your bipartisan leadership in constructing and maintaining America's critical maritime infrastructure. We especially appreciate your bipartisan commitment to provide full utilization of the Harbor Maintenance Trust Fund (HMTF). As Chairwoman Napolitano observed at the April 10 Subcommittee hearing on this issue, "The case for federal investment is simple: we must use what we collect to maintain our ports to ensure and maintain America's global competitiveness."  More


Legal Ruling

U.S. Supreme Court Grants Petition for Certiorari in Oil Spill Case in which ILTA Filed Amicus Brief Requesting That Certiorari Be Granted
April 22, 2019

On April 22, 2019, the U.S. Supreme Court (SCOTUS) granted certiorari in a case involving over $143 million in oil spill cleanup costs incurred when a submerged anchor pierced a tanker as it approached a New Jersey refinery. The Supreme Court will address a split among the federal circuits over the applicable standard of care terminal owners assume regarding vessel operators’ ability to safely unload cargo when entering into charter party agreements (a form of maritime contract involving the marine transport of  goods) containing what are known as “safe berth” clauses.

The decision to take up the case follows the filing of an amicus brief in favor of the petition for certiorari that GKG Law submitted on behalf of the American Fuels & Petrochemical Manufacturers Association (AFPMA) and the International Liquid Terminals Association (ILTA). AFPMA and ILTA have members who are stakeholders in the maritime transportation, storage and oil refining, and petrochemical industries. The primary issue raised in the petition, and in GKG’s amicus brief, was the Third Circuit’s decision in Frescati v. CARCO holding a charterer (or shipper) strictly liable for damages arising under a charter party agreement.  The Supreme Court’s decision on the merits should resolve a split among the circuits as to how to interpret safe berth clauses in charter agreements. 

More information on this matter and the ILTA amicus brief can be found here.


Comments
Comments of the Waters Advocacy Coalition (WAC) on the Environmental Protection Agency and U.S. Army Corps of Engineers’ Proposed Rule, Revised Definition of “Waters of the United States” (Docket Id. EPA–HQ–OW–2018–0149)
 April 15, 2019

The Waters Advocacy Coalition (“WAC” or “Coalition”) -- of which the International Liquid Terminals Association is a member -- writes to provide comments on the Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) proposed rule to revise the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA” or the “Act”), 84 Fed. Reg. 4154 (Feb. 14, 2019) (the “proposed rule”). WAC appreciates the agencies’ efforts to increase predictability and consistency by clarifying the scope of WOTUS regulated under the Act. In enacting the CWA, Congress exercised its commerce power over navigation and granted EPA and the Corps (together, the “agencies”) specific, limited powers to regulate “navigable waters,” defined in the CWA as “waters of the United States.” For years, the agencies’ regulations and guidance documents have attempted to expand the WOTUS definition beyond its constitutional and statutory limits, and this proposed rule is an important step in re-aligning the WOTUS definition with Congress’s intent for the scope of federal jurisdiction under the Act. The proposed rule gives meaning to the term “navigable” and recognizes that a defining feature of the CWA is to preserve the states’ traditional and primary authority over land and water use, attempting to restore the appropriate balance between state and federal oversight authority in this area....More


Testimony

Securing Our Nation’s Chemical Facilities: Stakeholder Perspectives on Improving the CFATS Program
March 14,  2019

The International Liquid Terminals Association (ILTA) is grateful for the opportunity submit written testimony for the record of the March 12, 2019 hearing, “Securing Our Nation’s Chemical Facilities: Stakeholder Perspectives on Improving the CFATS Program.”  ILTA is the only trade association focused exclusively on the tank and terminals industry, representing more nearly 90 companies with over 600 terminals across all 50 states. ILTA members provide storage and transportation logistics for a wide range of liquid commodities, including refined petroleum products, crude oil, chemicals, renewable fuels, fertilizer, vegetable oil and other food-grade materials. Liquid terminals are a vital component of our transportation infrastructure, connecting the U.S. economy and overseas markets in the trade of bulk liquid commodities.   more


 

U.S. Supreme Court Grants Petition for Certiorari in Oil Spill Case in which ILTA Filed Amicus Brief Requesting That Certiorari Be Granted

On April 22, 2019, the U.S. Supreme Court (SCOTUS) granted certiorari in a case involving over $143 million in oil spill cleanup costs incurred when a submerged anchor pierced a tanker as it approached a New Jersey refinery. The Supreme Court will address a split among the federal circuits over the applicable standard of care terminal owners assume regarding vessel operators’ ability to safely unload cargo when entering into charter party agreements (a form of maritime contract involving the marine transport of  goods) containing what are known as “safe berth” clauses.

The decision to take up the case follows the filing of an amicus brief in favor of the petition for certiorari that GKG Law submitted on behalf of the American Fuels & Petrochemical Manufacturers Association (AFPMA) and the International Liquid Terminals Association (ILTA). AFPMA and ILTA have members who are stakeholders in the maritime transportation, storage and oil refining, and petrochemical industries. The primary issue raised in the petition, and in GKG’s amicus brief, was the Third Circuit’s decision in Frescati v. CARCO holding a charterer (or shipper) strictly liable for damages arising under a charter party agreement.  The Supreme Court’s decision on the merits should resolve a split among the circuits as to how to interpret safe berth clauses in charter agreements. 

More information on this matter and the ILTA amicus brief can be found here.

 

U.S. Supreme Court Grants Petition for Certiorari in Oil Spill Case in which ILTA Filed Amicus Brief Requesting That Certiorari Be Granted

On April 22, 2019, the U.S. Supreme Court (SCOTUS) granted certiorari in a case involving over $143 million in oil spill cleanup costs incurred when a submerged anchor pierced a tanker as it approached a New Jersey refinery. The Supreme Court will address a split among the federal circuits over the applicable standard of care terminal owners assume regarding vessel operators’ ability to safely unload cargo when entering into charter party agreements (a form of maritime contract involving the marine transport of  goods) containing what are known as “safe berth” clauses.

The decision to take up the case follows the filing of an amicus brief in favor of the petition for certiorari that GKG Law submitted on behalf of the American Fuels & Petrochemical Manufacturers Association (AFPMA) and the International Liquid Terminals Association (ILTA). AFPMA and ILTA have members who are stakeholders in the maritime transportation, storage and oil refining, and petrochemical industries. The primary issue raised in the petition, and in GKG’s amicus brief, was the Third Circuit’s decision in Frescati v. CARCO holding a charterer (or shipper) strictly liable for damages arising under a charter party agreement.  The Supreme Court’s decision on the merits should resolve a split among the circuits as to how to interpret safe berth clauses in charter agreements. 

More information on this matter and the ILTA amicus brief can be found here.

 

U.S. Supreme Court Grants Petition for Certiorari in Oil Spill Case in which ILTA Filed Amicus Brief Requesting That Certiorari Be Granted

On April 22, 2019, the U.S. Supreme Court (SCOTUS) granted certiorari in a case involving over $143 million in oil spill cleanup costs incurred when a submerged anchor pierced a tanker as it approached a New Jersey refinery. The Supreme Court will address a split among the federal circuits over the applicable standard of care terminal owners assume regarding vessel operators’ ability to safely unload cargo when entering into charter party agreements (a form of maritime contract involving the marine transport of  goods) containing what are known as “safe berth” clauses.

The decision to take up the case follows the filing of an amicus brief in favor of the petition for certiorari that GKG Law submitted on behalf of the American Fuels & Petrochemical Manufacturers Association (AFPMA) and the International Liquid Terminals Association (ILTA). AFPMA and ILTA have members who are stakeholders in the maritime transportation, storage and oil refining, and petrochemical industries. The primary issue raised in the petition, and in GKG’s amicus brief, was the Third Circuit’s decision in Frescati v. CARCO holding a charterer (or shipper) strictly liable for damages arising under a charter party agreement.  The Supreme Court’s decision on the merits should resolve a split among the circuits as to how to interpret safe berth clauses in charter agreements. 

More information on this matter and the ILTA amicus brief can be found here.

 

U.S. Supreme Court Grants Petition for Certiorari in Oil Spill Case in which ILTA Filed Amicus Brief Requesting That Certiorari Be Granted

On April 22, 2019, the U.S. Supreme Court (SCOTUS) granted certiorari in a case involving over $143 million in oil spill cleanup costs incurred when a submerged anchor pierced a tanker as it approached a New Jersey refinery. The Supreme Court will address a split among the federal circuits over the applicable standard of care terminal owners assume regarding vessel operators’ ability to safely unload cargo when entering into charter party agreements (a form of maritime contract involving the marine transport of  goods) containing what are known as “safe berth” clauses.

The decision to take up the case follows the filing of an amicus brief in favor of the petition for certiorari that GKG Law submitted on behalf of the American Fuels & Petrochemical Manufacturers Association (AFPMA) and the International Liquid Terminals Association (ILTA). AFPMA and ILTA have members who are stakeholders in the maritime transportation, storage and oil refining, and petrochemical industries. The primary issue raised in the petition, and in GKG’s amicus brief, was the Third Circuit’s decision in Frescati v. CARCO holding a charterer (or shipper) strictly liable for damages arising under a charter party agreement.  The Supreme Court’s decision on the merits should resolve a split among the circuits as to how to interpret safe berth clauses in charter agreements. 

More information on this matter and the ILTA amicus brief can be found here.

 

U.S. Supreme Court Grants Petition for Certiorari in Oil Spill Case in which ILTA Filed Amicus Brief Requesting That Certiorari Be Granted

On April 22, 2019, the U.S. Supreme Court (SCOTUS) granted certiorari in a case involving over $143 million in oil spill cleanup costs incurred when a submerged anchor pierced a tanker as it approached a New Jersey refinery. The Supreme Court will address a split among the federal circuits over the applicable standard of care terminal owners assume regarding vessel operators’ ability to safely unload cargo when entering into charter party agreements (a form of maritime contract involving the marine transport of  goods) containing what are known as “safe berth” clauses.

The decision to take up the case follows the filing of an amicus brief in favor of the petition for certiorari that GKG Law submitted on behalf of the American Fuels & Petrochemical Manufacturers Association (AFPMA) and the International Liquid Terminals Association (ILTA). AFPMA and ILTA have members who are stakeholders in the maritime transportation, storage and oil refining, and petrochemical industries. The primary issue raised in the petition, and in GKG’s amicus brief, was the Third Circuit’s decision in Frescati v. CARCO holding a charterer (or shipper) strictly liable for damages arising under a charter party agreement.  The Supreme Court’s decision on the merits should resolve a split among the circuits as to how to interpret safe berth clauses in charter agreements. 

More information on this matter and the ILTA amicus brief can be found here.