Government Affairs Brief

The American Petroleum Institute (API), the American Fuel & Petrochemical Manufacturers (AFPM), and the International Liquid Terminals Association (ILTA) (collectively, “the  Associations”) respectfully submit these comments in response to EPA’s Advance Notice of  Proposed Rulemaking seeking to reconsider key provisions of the 2024 CWA Hazardous  Substances Facility Response Plan (FRP) rule (40 CFR Part 118). The Associations represent  facilities across the petroleum, petrochemical, and liquid bulk terminal sectors that collectively  handle the majority of CWA hazardous substances subject to the rule.

The International Liquid Terminals Association (ILTA) appreciates the opportunity to provide comments on the proposed amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Marine Tank Vessel Loading Operations (MTVLO) (91 FR 10559, March 4, 2026).

Founded in 1974, the International Liquid Terminals Association represents over 60 companies operating liquid terminals in all 50 states and in over 40 countries. Our members’ facilities provide critical links between all modes of transportation for liquid commodities, such as crude oil, petroleum products, chemicals, renewable fuels, fertilizer, vegetable oils and other food-grade materials that are central to the U.S. economy. Terminals provide essential logistics services that spur trade both within the United States and connect the U.S. economy with overseas markets. 

The International Liquid Terminals Association (ILTA), submit these comments responding to the Advance Notice of Proposed Rulemaking (ANPRM) published by the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the Federal Register on December 04, 2025. ILTA represents more than 60 commercial operators of over 600 aboveground liquid storage terminals that handle a wide range of liquid commodities, including crude oil, refined petroleum products, chemicals, fertilizers, animal fats, and vegetable oils. Many of these terminals operate under PHMSA’s Hazardous Materials Regulations (HMR). For this reason, PHMSA’s potential revisions to the HMR regarding highly automated transportation systems are of special interest to ILTA.

ILTA is concerned with this ANPRM’s provisions on shipping papers, hazard communications, packaging, and security plans & in-depth training, with an emphasis on the negative impact this ruling could have on smaller terminal operators.

Dear Mr. Coyle:

The International Liquid Terminals Association (ILTA) appreciates the opportunity to comment on the January 27, 2026 preemption determination application submitted by ExxonMobil under the Hazardous Materials Transportation Act (HMTA). Founded in 1974, ILTA represents over 60 companies operating liquid terminals in all 50 states and in countries around the world. Terminals provide essential logistics services, support domestic and international trade, and foster the readiness of the United States armed forces by making fuels and liquid products available throughout the world—products such as petroleum fuels, aviation fuels, petrochemical products, chemicals, asphalt, alternative fuels like ethanol, and beyond. In particular, the U.S. gasoline distribution industry comprises a vast infrastructure network that moves finished gasoline and other liquid fuels from petroleum refineries to end markets, including government, commercial and industrial facilities, and retail fueling stations.

ILTA supports ExxonMobil’s request for determination that the New Jersey state court’s application of tort common law is preempted under the HMTA. Congress intended to achieve uniformity and prevent a “multiplicity of State and local regulations and the potential for varying as well as conflicting regulations in the area of hazardous materials transportation.”1 The New Jersey Court’s decision would impose a series of unnecessary, state-specific, additional or different requirements affecting the transportation of gasoline. These requirements would hinder the flow of gasoline in interstate commerce and could lead to the very patchwork of state requirements that Congress intended to prevent. The state court’s decision contradicts the plain language of the HMTA and the Hazardous Materials Regulations (HMR) in the following ways and should be preempted.

Pursuant to the Louisiana Code of Civil Procedure, the International Liquid Terminals Association ("ILTA") and the Liquid Energy Pipeline Association ("LEPA"), appearing as Amici Curiae, respectfully submit the Amicus Brief in Support of Rosefield Fourchon Operating, LLC's Appeal.