Government Affairs Brief

The Waters Advocacy Coalition (“WAC” or “Coalition”) 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.

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. 

Kathryn Clay, president of the International Liquid Terminals Association, today lauded the U.S. Congress for extending authorization of the Chemical Facility Anti-Terrorism Standards program. The Senate unanimously approved the measure January 17 and the House unanimously approved it January 18: