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.

The International Liquid Terminals Association (ILTA), a prominent industry association representing the liquids terminal industry, is delighted to announce the promotion of Leakhena Swett from Executive Vice President to President.

Dear Chairman Carper, Ranking Member Moore Capito, and the rest of the esteemed Senate Environment & Public Works Committee members, please accept for the record the following statement from the International Liquid Terminals Association (ILTA) on the March 20, 2024 full committee hearing on, “Examining PFAS as a Hazardous Substance.”