Newsletter

Kathryn Clay, president of the International Liquid Terminals Association, today welcomed the Surface Transportation Board’s October 7 proposed rule to address unfair demurrage billing practices but cautioned that the proposal may not go far enough in practice to solve the problems faced by some in the terminal industry.

The International Liquid Terminals Association (ILTA) is pleased to provide these comments in support of EPA’s action that will allow a major source to reclassify to an area source at any time by limiting its potential to emit (PTE) hazardous air pollutants (HAP) to below the major-source thresholds. As EPA has explained in the notice, the Clean Air Act (CAA) does not require that a source remain a major HAP source once designated as such. This action will potentially incentivize source operators of major HAP facilities to reduce their HAP PTE and thereby allow them to redesignate to an area source and reduce their regulatory burden.

We, the undersigned associations, write to you regarding provisions in S. 1790 and H.R. 2500, the “National Defense Authorization Act for Fiscal Year 2020,” addressing the regulation of per- and polyfluoroalkyl substances (“PFAS”).

We appreciate the bipartisan approach taken thus far and recommend that any Congressional action enable the appropriate agencies to carry-out the risk-based approach established in existing U.S. environmental law and policy. As warranted, we support the regulation of specific PFAS chemicals, and it is important that Congress prioritize the cleanup of contaminated sites to protect communities. As the Senate and the House of Representatives begin their conference deliberations, we urge you to oppose those provisions that would circumvent existing, well-established regulatory processes, predetermine outcomes using inadequate scientific data, and potentially inhibit effective cleanup of those PFAS that are of the greatest concern.

The International Liquid Terminals Association (ILTA) is pleased to provide comments on North Dakota’s and Montana’s request for a preemption determination on the July 2019 Washington State law Crude Oil by Rail–Vapor Pressure. ILTA asks that the Pipeline and Hazardous Materials Safety Administration (PHMSA) find that Washington State’s law limiting the Reid Vapor Pressure of crude oil is preempted by Federal Hazardous Materials Regulations (HMR). The state law is also in conflict with the Dormant Commerce Clause of the U.S. Constitution, which prevents states from interfering with interstate commerce between the states.

We, the undersigned associations, write to you regarding provisions in S. 1790 and H.R. 2500, the “National Defense Authorization Act for Fiscal Year 2020,” addressing the regulation of per- and polyfluoroalkyl substances (PFAS).

As the U.S. Senate and U.S. House of Representatives begin their conference deliberations, we urge you to voice support for those provisions that would lead to more expeditious cleanup at potentially contaminated sites, and oppose those provisions that would circumnavigate existing, well-established regulatory processes and predetermine outcomes using inadequate scientific data.