Government Affairs Brief

From clothing to cookware, flame retardant per- and polyfluoroalkyl (PFAS) chemicals have become ubiquitous in our daily lives. For bulk liquid terminals specifically, PFAS compounds are used in aqueous film-forming foams (AFFF) or film-forming fluoroprotein foams (FFFP) foams because of their exceptional ability to create a stable and effective firefighting foam, particularly for extinguishing liquid fuel fires, such as those involving gasoline, jet fuel, or oil.

Due to their near-indestructability and persistence in local environments where they are used, however, states and the federal government are increasingly focusing on the environmental and public health consequences from the use of PFAS-based products. In March 2024, the Senate Environment & Public Works Committee held a hearing on, “Examining PFAS as a Hazardous Substance.” One month later in April, the Environmental Protection Agency (EPA) issued the first-ever national, legally enforceable drinking water standard to protect communities from exposure to harmful PFAS, while also finalizing a rule to designate two widely used PFAS – PFOA and PFOS – as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.

June 28, 2024

Via Electronic Mail and Overnight Delivery

The Honorable Michael S. Regan
Office of the Administrator
U.S. Environmental Protection Agency
Mail Code 1101A
William Jefferson Clinton Building North
1200 Pennsylvania Avenue, NW
Washington, DC 20004
Regan.Michael@epa.gov

RE: Petition for Reconsideration Request for Administrative Stay
NSPS Subpart XXa – Modification of Equipment

Dear Administrator Regan:

The International Liquid Terminals Association (“ILTA”) hereby petitions the U.S. Environmental Protection Agency (“EPA” or “Agency”), pursuant to Section 307(d)(7)(B) of the Clean Air Act (“CAA” or “Act”),1 to reconsider and amend provisions of New Source Performance Standard (“NSPS”) Subpart XXa identified below, and to stay the applicability of the “collection of equipment” affected facility (40 CFR §60.500a(a)(2)) to the modification of existing facilities until the requested amendments to Subpart XXa have been adopted.

EPA adopted Subpart XXa as part of the final rule entitled National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution Technology Reviews and New Source Performance Standards Review for Bulk Gasoline Terminals, 89 Fed. Reg. 39304 (May 8, 2024) (“Gasoline Distribution Rule”). ILTA is preparing and will be submitting to you a separate petition regarding a number of other provisions of the Gasoline Distribution Rule. ILTA has singled out this one issue regarding Subpart XXa because of the ease with which the issue may be resolved and the immediate and significant adverse consequences of classifying minor maintenance and improvement projects as “modifications” and triggering applicability for entire facilities, should the proposed amendments not be adopted.

About 18 years ago, Mitchell Garner was searching for a career that had meaning, discipline and a place where strong bonds could be developed. He ended up accepting a position as an industrial firefighter for a company in Corpus Christi, Texas, where he and his colleagues were resident contractors to major oil and gas companies along the Gulf Coast.

“That career opportunity opened me to a world of knowledge about industry operations and industrial safety,” said Garner.

Years later, he transitioned to a terminal company in the Houston area where he spent nine years in their EHS department. Today, as Regional Manager of Safety and Emergency Response for LBC Tank Terminals, Garner truly enjoys the work he does.

The American Fuel & Petrochemical Manufacturers (AFPM), the International Liquid Terminals Association (ILTA), and The Fertilizer Institute (TFI) (hereinafter, Associations) submit these comments responding to the Cybersecurity in the Marine Transportation System Notice of Proposed Rulemaking (NPRM) published by the U.S. Coast Guard (USCG) in the Federal Register on February 22, 2204.  ILTA represents 82 commercial operators for 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 vegtable oils.

On Tuesday, May 7, ILTA held its Annual ILTA Safety Awards Presentation and Breakfast to honor 28 terminal member companies that achieved outstanding safety performance in 2023.

To receive the 2024 ILTA Safety Excellence Award, companies were required to score in the top two quartiles for both the 20 question self-assessment survey on leading indicators and the lagging indicator survey based on OSHA Form 300A.  This year, 52 companies participated in the safety survey, representing 70 percent of our membership.