Newsletter

ILTA is engaged in a two-pronged approach on PFAS issues impacting the liquid terminal industry.

First, ILTA is working on transition legislation to provide a transparent pathway and timeline away from PFAS-based firefighting foams. ILTA is working with a coalition of other organizations, the Natural Resources Defense Council (NRDC) and the International Association of Firefighters (IAFF), to advance PFAS-transition legislation. This legislation would provide a transparent pathway to move away from PFAS-based firefighting foams. Some of the highlights of the legislation are:

• End the sale of firefighting foam containing PFAS;
• Phase out the use of firefighting foam containing PFAS;
• Prohibit the disposal of firefighting foam containing PFAS, including via incineration, landfill, underground injection and export, until a safe disposal method is identified;
• Provide a reasonable transition period accounting for the need for larger systems to replace their foam delivery systems;
• Require foam manufacturers to take back all unused foam (including from DOD);
• Require foam and PFAS manufacturers to safely store all unused foam until EPA has identified a safe method of disposal that eliminates PFAS;
• Ensure the expenses for take back and storage will be shared between foam manufacturers and PFAS manufacturers (rather than the taxpayer or private business entities);
• Require manufacturers of PFAS-containing firefighting gear to notify purchasers that it contains PFAS with written notice and labels on the gear.

ILTA held a call on EPA’s proposed technology review of tank emissions on June 22 with Trinity Consultants’ Rob Ferry. Discussed was the Environmental Protection Agency’s (EPA) field visit to a terminal facility on June 7 and the conversations that followed with EPA personnel. Observations were made regarding slotted guidelines, aluminum domes, Kb clarifications, tank degassing controls, and service life.

Mr. Ferry also overviewed the working group’s proposed edits to ILTA’s draft comments on EPA’s technology review of tank air emissions regulations. After receiving more edits and advice from fellow ILTA members, ILTA will be submitting preliminary comments to EPA in July.

In a May 9, 2023, meeting with industry representatives, including ILTA members, the Environmental Protection Agency (EPA) discussed an upcoming Technology Review of the New Source Performance Standards (NSPS) for storage tanks, 40 CFR Part 60 Subpart Kb, which applies to the construction, reconstruction, or modification of tanks storing volatile organic liquids. Pursuant to a consent decree in Environmental Integrity Project, et al. and Concerned Citizens of St. John et al. v. Michael Regan, the EPA is expected to release a proposed new NSPS, 40 CFR Part 60 Subpart Kc, by September 29, 2023.

On April 17, ILTA attended a conference convened by the U.S. Department of Defense (DoD), International Association of Fire Fighters, and the United States Chamber of Commerce to discuss aqueous film forming foams (AFFF), commonly referred to as PFAS-based firefighting foams. Additional stakeholders in attendance included the firefighting communities, airports, petrochemical industries, farming stakeholders, chemical producers, and liquid storage and terminaling industry.

DoD shared its perspective on compliance with the AFFF transition, indicating extensions would be needed. Specifically, DoD said the military was unlikely to meet the target transition dates and would likely exercise two of the 1-year extensions under the National Defense Authorization Act (NDAA). The primary reason for anticipating the needed extensions is the various Air Force facilities and vehicles and officials indicated that foam producers’ supplies are of concern, too, given the massive quantity needed by DoD to address foam needs for all DoD facilities.

ILTA’s Board of Directors and staff held an advocacy-filled day on Capitol Hill on March 1. The Hill Day (or Fly-in) focused on three main objectives: (1) Raising ILTA’s profile with elected officials; (2) Discussing the impact of Per- and Polyfluoroalkyl substances (PFAS) in firefighting foams at liquid terminals; and (3) urging Congress to support final action on the U.S. Department of Homeland Security’s (DHS) 2016 Chemical Facilities Anti-Terrorism Standards (CFATS) gasoline mixture guidance.