Newsletter

Dear Assistant Secretary Parker:

On behalf of the Employers Heat Illness Prevention Coalition (the “Coalition”), I am pleased to submit these Comments addressing the Occupational Safety and Health Administration’s (“OSHA” or “the agency”) August 30, 2024, proposed rule on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings set forth at 29 CFR § 1910.148 (Docket No. OSHA-2021-0009) (hereinafter the “proposed rule”).

The Coalition is composed of a broad and diverse group of employers and trade associations representing many industries, including construction, manufacturing, energy, delivery and distribution, retail, warehousing, petroleum refining, liquid terminal operations, recycling, supermarkets and other grocers, automotive manufacturing, and many more, with millions of employees across hundreds of thousands of workplaces in every state in the Nation. In addition to representing a vast array of industries, Coalition members also represent essentially every kind of workplace affected by the proposed rule. For example, we have potential heat illness exposure hazards in outdoor-only, indoor-only, and outdoor/indoor work settings, and represent every size employer, from large international corporations to small businesses with brick-and-mortar locations. As our member organizations would be directly impacted by the proposed rule, the Coalition has a substantial interest in the outcome of this rulemaking.

The common thread among the Coalition’s diverse members is that they are responsible and conscientious employers that care deeply about their employees’ safety and health. Indeed, although no two are the same, each employer in the Coalition already has in place a heat illness prevention program. Our motivation here is to ensure that if OSHA promulgates a heat injury and illness prevention standard, that it is effective in its purpose–protecting workers from heat illness hazards–and reasonable in the burdens it places on employers.

Attached below is a copy of the full comments.

With over 30 years of experience in terminal operations, Jimmy Wooten provides a wealth of knowledge and insight. Currently, Jimmy serves as Terminal Optimization & Safety Manager for Murphy Oil USA, Inc. and has recently been appointed as co-chair of ILTA’s Security Subcommittee.  

We recently had the privilege of interviewing Jimmy to highlight his impactful contributions to the industry and his involvement with ILTA.

On December 22, President Biden signed into law the fiscal year (FY) 2025 National Defense Authorization Act (NDAA) which provides $895 billion for national defense, including funding for PFAS. While the final law is stripped of most PFAS policy measures that were in earlier House or Senate versions, the FY25 NDAA continues to support the management of PFAS by setting out increased funding for firefighting foam replacement and PFAS cleanups, as well as supporting a procurement policy for the Department of Defense (DOD) to buy products that are PFAS-free.

On December 18, ILTA hosted its monthly Energy Evolution Webinar featuring Ted Michaels, Jessica Johnson Bennett, and Anna Schutt from AJW, Inc. Ted, Jessica, and Anna have decades of experience in federal and state government affairs, focusing on energy, liquid fuels, and market dynamics, as well as topics impacting liquid terminals, such as CERCLA and other federal regulations. Building on their October presentation, AJW provided updates on the post-election landscape and its implications for energy evolution markets and policies affecting the terminal industry.

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.