Seeking Clarity on PFAS Liability: ILTA Meets with EPA

In late June, ILTA met with the Environmental Protection Agency’s (EPA) Office of Site Remediation Enforcement (OSRE) to seek clarity on enforcement guidelines for aqueous firefighting foams (AFFF) containing PFAS. In 2023, the EPA designated PFAS chemicals PFOA and PFOS as hazardous substances under CERCLA, holding parties deemed “polluters” liable for Superfund cleanup. 

These regulations would place terminal operators at risk of liability for using firefighting foams that, for decades, were required under OSHA and other safety standards. Terminals used these foams in good faith to protect lives and property during fire emergencies, fulfilling legal safety obligations while prioritizing public safety. 

ILTA continues to advocate that it is unreasonable to penalize terminal operators for compliance with longstanding regulations, especially when viable AFFF alternatives are still limited. Our members acted responsibly, using what was available and required at the time. 

During the meeting, ILTA urged EPA to consider a more balanced approach that recognizes the role of terminal operators as safety enforcers—not environmental offenders. Our request: collaborate with the industry to craft common-sense guidelines that protect communities and the environment while ensuring that responsible actors aren’t unfairly targeted. 

ILTA remains committed to working with the EPA and other stakeholders to ensure that regulatory enforcement is fair, practical, and effective.