Newsletter

The Environmental Protection Agency continues its efforts to reduce climate-changing emissions related to fossil fuels industry, particularly around the oil and gas sector. In November 2022, EPA issued a proposed rule to strengthening its previous proposals to reduce harmful emissions such as methane and other harmful emissions. On November 15, EPA issued this supplemental proposal to update, strengthen, and expand previous proposed standards intended to significantly reduce emissions of greenhouse gases (GHGs).

The revised version of the bipartisan 2023 National Defense Authorization Act, passed on December 15, includes a provision requiring an annual progress report on certifying PFAS-free replacements for AFFF. The DOD is already required to phase out all military use of AFFF by October 1, 2024.

The Transportation Worker Identification Credential (TWIC) Reader Rule (TWIC Reader Rule) will have at least a three-year delay. In June 2022, the U.S. Department of Homeland Security, acting through the U.S. Coast Guard (USCG), issued a notice in the federal government’s Spring Unified Agenda, that the TWIC Reader Rule would likely be delayed for another three years until approximately May 2026. The USCG informed ILTA and its members at ILTA’s Fall EHS&S meeting that a forthcoming Federal Register Notice would be issued requesting comments as to whether the TWIC Reader Rule should be delayed.

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. 

While the fuels of the future may be different than those that drive our economy today, our most likely energy future will require liquid fuels for many applications. As the world undergoes an energy transition to low and no-carbon fuels, liquid terminals will continue to play an essential role in the storage, logistics, and transport of these products. Terminal companies are uniquely positioned to apply their expertise and physical assets to these new supply chains.

During this briefing, our partners at the consulting firm AJW will provide an overview of energy transition, drivers and market trends, and opportunities for the liquid terminal industry. There will also be time to discuss what additional information and support is needed to help the industry take full advantage of the opportunities this transition presents.

The webinar will be held at 1:00 p.m. on December 14. Please register here to receive instructions to join the webinar.