Newsletter

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.

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.

The International Liquid Terminals Association (ILTA) appreciates the opportunity to comment on the second installment of Mitigation Strategies To Protect Food Against Intentional Adulteration: Draft Guidance for Industry. ILTA is the leading representative of the bulk liquids terminal industry, with more than eighty-five-member companies. Many of our member companies store food-grade products in their facilities and are therefore subject to FDA’s comprehensive food defense regulations. We are pleased to play an active role in the regulatory process and share the following comments on the latest release of guidelines for Mitigation Strategies to Protect Food Against Intentional Adulteration: Draft Guidance for Industry.

The Waters Advocacy Coalition (“WAC” or “Coalition”) writes to provide comments on the Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) proposed rule to revise the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA” or the “Act”), 84 Fed. Reg. 4154 (Feb. 14, 2019) (the “proposed rule”). WAC appreciates the agencies’ efforts to increase predictability and consistency by clarifying the scope of WOTUS regulated under the Act. In enacting the CWA, Congress exercised its commerce power over navigation and granted EPA and the Corps (together, the “agencies”) specific, limited powers to regulate “navigable waters,” defined in the CWA as “waters of the United States.” For years, the agencies’ regulations and guidance documents have attempted to expand the WOTUS definition beyond its constitutional and statutory limits, and this proposed rule is an important step in re-aligning the WOTUS definition with Congress’s intent for the scope of federal jurisdiction under the Act. The proposed rule gives meaning to the term “navigable” and recognizes that a defining feature of the CWA is to preserve the states’ traditional and primary authority over land and water use, attempting to restore the appropriate balance between state and federal oversight authority in this area.