Newsletter

Dear Assistant Secretary Parker,

On behalf of the Employers Emergency Response Rulemaking Coalition (“Coalition”), I am submitting the following comments on the Occupational Safety and Health Administration’s (“OSHA”) Notice of Proposed Rulemaking (“NPRM”) for a new “Emergency Response Standard,” to replace the existing “Fire Brigades Standard,” 29 C.F.R. § 1910.156, Docket No. OSHA-2007-0073, published in the Federal Register on February 5, 2024.

INTRODUCTION

The Employers Emergency Response Rulemaking Coalition is composed of a broad array of industries impacted by OSHA’s proposed rule. The Coalition is comprised of multiple organizations, including trade associations, representing thousands of facilities located across the United States. Included among its members are companies in petroleum refining, chemical and petrochemical manufacturing, liquid terminal operations, agriculture, aerospace and defense, and other industries. Coalition members are leaders in safety and privately embedded emergency response programs that have a substantial interest in the outcome of OSHA’s rulemaking, as it will have a significant impact on how they manage such programs.

For years, Coalition members have voluntarily implemented effective emergency response programs. In that time, our members learned valuable lessons about the practices and policies that most effectively prevent and mitigate risks to our emergency responders. The comments we share represent the collective wisdom of employers and the employees who respond to emergencies. Our objective is to ensure that OSHA’s Emergency Response Standard effectively protects the safety and health of employees, volunteers, and the surrounding community, utilizing the most reasonable set of requirements possible.

Attached below is a copy of the full comments.

Dear Commissioner LaTourette,

On behalf of its membership, the International Liquid Terminals Association (ILTA) is seeking clarification regarding the New Jersey Discharges of Petroleum and Other Hazardous Substances regulations.

Founded in 1974, ILTA represents 80 companies operating liquid terminals in all 50 states and in over 40 countries. Our members’ facilities provide critical links between all modes of transportation for liquid commodities, such as crude oil, petroleum products, chemicals, renewable fuels, fertilizer, vegetable oils and other food-grade materials that are central to the U.S. economy. Terminals provide essential logistics services that spur trade both within the United States and connect the U.S. economy with overseas markets. ILTA’s membership also includes about 400 companies that supply equipment and services to the terminal industry.

Regarding the regulation, the preamble states that there is no requirement to implement mitigation measures identified in the climate resiliency plan. N.J.A.C 7:1E-4.12b requires that major facilities identify measures to mitigate the impacts of climate change identified in the analysis required by the proposed rule, to identify those mitigation measures that are deemed to be feasible, and to develop an implementation schedule for those measures.

It looks like the Department is requiring that facilities conduct an assessment and establish an implementation schedule, while the preamble states that the proposed rule does not require the owner or operator to implement mitigation measures.

We are asking the Department to clarify the mitigation implementation requirements for the climate resiliency plan, and whether the plan needs to be certified by NJ Certified Professional Engineer. We would also like to know what format is required for the climate resiliency plan, and whether it needs to be integrated into DPCC/DCR or can be a standalone plan.

Please do not hesitate to reach out to me if you have any questions.

Respectfully,
Leakhena Swett
President
International Liquid Terminals Association

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, initiate rulemaking and amend portions of its 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)

The International Liquid Terminals Association (ILTA), submit these comments responding to the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) Reporting Requirements Notice of Proposed Rulemaking (NPRM) published by the Cybersecurity and Infrastructure Security Agency (CISA) in the Federal Register on April 04, 2024. ILTA represents 82 commercial operators of over 600 aboveground liquid storage terminals that handle a wide range of liquid commodities, including crude oil, refined petroleum products, chemicals, fertilizers, animal fats, and vegetable oils. For this reason, CIRCIA’s reporting requirements are of special interest to ILTA.

Download the comments below.

On June 26, ILTA again met with EPA alongside API and AFPM at EPA’s Research Park, NC headquarters. The purpose was to discuss several issues the trade associations plan to address in their respective Petitions for Reconsideration for the final Air Permitting Rules.

On ILTA’s part, ILTA communicated its message that the terminal membership needs relief on LDAR (‘leak detection and repair’ program) for subpart XXa as soon as possible.  EPA appears to understand the issues though (as usual) they did not commit to specific action.  ILTA briefly explained why a regulatory interpretation letter is not enough to resolve the applicability issues, and why EPA must take action to make the rule text provide clear relief.