ILTA Submitted Comments to EPA Opposing CERCLA Designation
On August 26, 2022, EPA proposed designating PFOA and PFOS, including their salts and structural isomers, as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Such designation, if finalized, would result in a CERCLA default Reportable Quantity (RQ) of one pound of PFOA or PFOS. CERCLA – also known as Superfund -- requires any person in charge of a vessel or facility, as soon as they have knowledge of any release (other than a federally permitted release) of a hazardous substance from such vessel or facility in quantities equal to or greater than the RQ or more in a 24-hour period, to immediately notify the National Response Center (NRC) of such a release. Given the historical use of PFOA and PFOS in firefighting foams used at liquid terminal facilities, nearly all ILTA member sites could be categorized as CERCLA or Superfund sites, if the rule is finalized.
ILTA prepared and submitted comments to EPA opposing the CERCLA designation. ILTA provided general information on the nearly 80 terminal companies in its membership. ILTA specified how its member facilities provide critical infrastructure services, including storage, and transportation logistics for bulk liquid products at over 1,500 facilities in locations across all 50 states. ILTA provided historical information and context about how and why ILTA member facilities have used PFOA and PFOS-based firefighting foams, especially given the storage and movement of flammable liquids, including crude oil, gasoline, diesel, jet fuel, ethanol, industrial chemicals, fertilizers, and agricultural oils.
ILTA provided further details about the characteristics of the bulk liquid products handled by ILTA member companies demand special precautions due to their flammable properties. While significant fire events at terminals are rare, responsible facility management demands that terminal operators maintain capabilities to respond quickly and effectively to fire events when they do occur. Terminal operators face several requirements for fire preparedness and response that are not common in other contexts, such as municipal firefighting. Firefighting professionals at terminal facilities (e.g., industrial firefighters) must address unique considerations including large-scale events, alcohol-type fires, deep tank fires, and mutual aid.
For decades, the tank storage industry has relied upon perfluoroalkyl and polyfluoroalkyl substance (PFAS)-containing aqueous film-forming foam (AFFF) to protect communities, workers, commodities, and infrastructure from potentially dangerous fire hazards and environmental risks from fire events including air pollution. As alternative foams are developed and deployed, it is critical that these protections remain in place.
These PFAS firefighting foams are found at nearly all ILTA terminal member facilities and the more than 2,000 bulk liquid terminal sites in America. ILTA members are dedicated to safe, reliable, and environmentally responsible operations at bulk liquid terminal facilities and recognize the potentially serious health effects of PFAS exposure. Thus, ILTA firmly supports a safe, strategic, well-managed transition to fluorinefree, or PFAS-free, firefighting foams, while ensuring that the safety of firefighters, our workers, and our communities is not compromised. ILTA is supporting the development of alternative PFAS-free foams to ensure their safety, effectiveness, and timely commercialization for the unique application needs of bulk liquid terminal facilities. Keys to a safe and timely transition include thorough development, demonstration, and deployment of alternative foams, as well as clear disposal guidelines for existing AFFF stocks. A limited number of alternative firefighting foams are commercially available today. In addition, it will take time to replace all existing stocks of AFFF. ILTA is also concerned that the designation of PFOA and PFOS as CERCLA hazardous substances could significantly impact key pieces of the U.S. economy’s supply chains due to the historic use of PFAS-containing firefighting foams to protect communities and commodities when ILTA bulk liquid terminal members were assured these were the safest approved, commercially available foams at the time.
ILTA stressed in its comments that the Superfund designation would have a crippling impact on the land values for terminal operators. Specifically, the listing of sites that are now just industrial sites, but that would likely be designated Superfund sites would be a significant increase in liability for terminal operators.
ILTA is continuing its advocacy efforts around the impact of bad PFAS policy and how it will impact the terminal industry, specifically. Attached below is a copy of the ILTA submitted comments.