Government Affairs Brief

On August 30, 2022, OSHA announced an informal stakeholder meeting regarding the rulemaking project for the Process Safety Management (PSM) standard regarding highly hazardous chemicals.  The meeting had previously been scheduled for September 28, 2022.  The stakeholder meeting will be held virtually from 10 a.m. to 4 p.m. ET, on Wednesday, October 12, 2022. Registration to participate in or observe the stakeholder meeting will be open until all spots are full. Written comments must be submitted by November 14, 2022.  More information is available in the Federal Register (https://www.federalregister.gov/documents/2022/09/20/2022-20261/process-safety-management-psm-stakeholder-meeting).   

EPA Administrator Michael Regan announced the creation of a national environmental justice and civil rights office on September 24.   The new Office of Environmental Justice and External Civil Rights will merge three existing programs — the Office of Environmental Justice, External Civil Rights Compliance Office, and Conflict Prevention and Resolution Center.  According to the EPA press release, It will be tasked with providing technical assistance to communities and enforcing civil rights laws, among other duties. The objective is to infuse equity and environmental justice principles into everything the agency does.  The office will be placed at the same high level within the agency as offices that regulate air and water pollution, and like these offices, will be led by a Senate-confirmed assistant administrator. 

Health and Safety Subcommittee Chairman Byrne Evans, IMTT, hosted an ILTA member led discussion on the emerging topic of old gasket replacement.  The topic interested ILTA members and led to discussion and sharing of best practices on personal protective equipment (PPE). There was discussion and best practice sharing regarding protective outwear and protective electrical devices.

Chairman of the Security Subcommittee, Jerry Jerdine, Ergon, led a discussion on small unmanned aerial systems (sUAS).

Next, the committee heard from a panel of invited speakers from the U.S. Department of Homeland Security (DHS), Cybersecurity and Infrastructure Security Agency (CISA). The panel focused on physical security, cybersecurity, and terminal resiliency. The panel’s speakers were Tim Donnelly, CISA Region 1 Chief of Protective Security; Daniel King, Chief of Cybersecurity, CISA Region 1; and, Daniel McElhinney, Federal Preparedness Coordinator and National Preparedness Division Director, with the Federal Emergency Management Agency (FEMA), FEMA Region 1. The panel held a robust discussion of physical security, including how Small Unmanned Aircraft Systems (sUAS) are being re-evaluated as a threat vector to terminal physical security. The panel also discussed possible cybersecurity impacts. FEMA discussed resiliency and how terminal facilities can be prepared for business interruptions.

The Environment Subcommittee hosted a conversation about the ILTA submitted Gasoline Distribution Rule Comments. The discussion was led by Terri Holloman, Magellan, Bill Lee, CITGO, Svend Brandt-Erichsen with Nossaman LLP and Rob Ferry with Trinity Consultants. The panel discussed ILTA’s submitted comments to EPA and provided a recap of the main points of the ILTA technical comments to EPA’s proposed rule. The panel also discussed some technical nuances in EPA’s proposed rule.