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.