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A respected industry publication for ILTA members, this monthly newsletter highlights legislative and regulatory activities affecting terminal facilities. It also provides news on recent business development within the terminal industry, including new construction, expansions, acquisitions and additions to ILTA's membership, as well as important information about ILTA's committee meetings, conferences and training events. ILTA also offers ILTA News Plus to members. This publication, sent on weeks that ILTA News is not published, aggregates industry and member news.

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U.S. Supreme Court Grants Petition for Certiorari in Oil Spill Case in which ILTA Filed Amicus Brief Requesting That Certiorari Be Granted

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On April 22, 2019, the U.S. Supreme Court (SCOTUS) granted certiorari in a case involving over $143 million in oil spill cleanup costs incurred when a submerged anchor pierced a tanker as it approached a New Jersey refinery. The Supreme Court will address a split among the federal circuits over the applicable standard of care terminal owners assume regarding vessel operators’ ability to safely unload cargo when entering into charter party agreements (a form of maritime contract involving the marine transport of  goods) containing what are known as “safe berth” clauses.

Comments of the Waters Advocacy Coalition (WAC) on the Environmental Protection Agency and U.S. Army Corps of Engineers’ Proposed Rule, Revised Definition of “Waters of the United States”

Docket Id. EPA–HQ–OW–2018–0149

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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.

Statement of the International Liquid Terminals Association for the Written Record

Subcommittee on Cybersecurity, Infrastructure Protection and Innovation Hearing

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The International Liquid Terminals Association (ILTA) is grateful for the opportunity submit written testimony for the record of the March 12, 2019 hearing, “Securing Our Nation’s Chemical Facilities: Stakeholder Perspectives on Improving the CFATS Program.”  ILTA is the only trade association focused exclusively on the tank and terminals industry, representing more nearly 90 companies with over 600 terminals across all 50 states. ILTA members provide storage and transportation logistics for a wide range of liquid commodities, including refined petroleum products, crude oil, chemicals, renewable fuels, fertilizer, vegetable oil and other food-grade materials. Liquid terminals are a vital component of our transportation infrastructure, connecting the U.S. economy and overseas markets in the trade of bulk liquid commodities. 

ILTA lauds Congressional reauthorization of CFATS program

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Kathryn Clay, president of the International Liquid Terminals Association, today lauded the U.S. Congress for extending authorization of the Chemical Facility Anti-Terrorism Standards program. The Senate unanimously approved the measure January 17 and the House unanimously approved it January 18: