Newsletter

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 and amend provisions of New Source Performance Standard (“NSPS”) Subpart Kc identified below, and to stay certain of the subpart’s unique provisions (40 CFR § 60.110c(e), § 60.112c(c)(2)(vi), the final sentence of § 60.112c(d)(1), and paragraph (d)(1)(i)) until the requested amendments to Subpart Kc have been adopted.

EPA adopted Subpart Kc as part of the final rule entitled New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels), 89 Fed. Reg. at 83,296 (October 15, 2024). Herein this rulemaking is referred to as the “Final Rule,” and the rule proposal, New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels), 88 Fed. Reg. at 68,535 (October 4, 2023), is referred to as the “Proposed Rule.”

Attached below is a copy of the full comments.

Senator Shelley Moore Capito (R-WV), the incoming chair of the Environment and Public Works Committee (EPW), has expressed her plans to ease the impact of PFAS-related rules posed by the Biden Administration’s EPA.

The future of clean energy tax credits established or modified under the Inflation Reduction Act (IRA) impacting the liquid terminal industry face increasing uncertainty as the U.S. transitions to the Trump administration.

As with every American presidential election cycle, private industry waits with bated breath to see how the next four years will impact the national economy. In 2024, the bulk liquid terminals industry finds itself at a critical crossroads on several key policy matters affecting liquid logistics up and down the supply chain. Regardless of who is in the White House next January, the terminals industry will look for meaningful and bipartisan solutions on these topics.

On September 19, 2024, the European Union (EU) announced new restrictions on the use of perfluorohexanoic acid (PFHxA) in consumer products, including some firefighting foam applications. The approved restriction aims to reduce emissions of PFAS, as PFHxA is often used as a substitution for PFOA, the use of which is already restricted in the EU and a common chemical found in AFFF. The rule sets timelines and concentration limits of PFHxA in firefighting foams and foam concentrates for training, testing, public fire services, and civil aviation, with exceptions.