ILTA Statement on CERCLA Liability Bill

Washington, D.C., May 4, 2023—Following the release of Senator Cynthia Lummis's (R-WY) new bill amending the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the International Liquid Terminals Association (ILTA) is pleased with the progress being built around PFAS remediation.

While ILTA members do not manufacture Per- and polyfluoroalkyl substances (PFAS) based firefighting foams, ILTA members have been required to use PFAS-based firefighting foams, per OSHA regulations and applicable engineering standards related to the storage of flammable liquids. As a result, ILTA facilities have used these PFAS-based firefighting foams in the past, but ILTA members support a standardized transition away from PFAS-based firefighting foams and are working to advance legislation establishing and clarifying a national transition away from PFAS-based firefighting foams.  

ILTA member companies are stalwart environmental stewards. ILTA member companies support and participate in meaningful environmental stewardship to provide environmental sustainability. However, with respect to PFAS and the decision to use the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to address the historic use of PFAS-based firefighting foams is the wrong method to achieve the desired result. Specifically, ILTA should not be liable under CERCLA for complying with the applicable law and engineering standards governing flammable liquid storage. 

ILTA is hopeful that Congressional Leaders and the Biden Administration, along with industry and other stakeholders, will work to craft a meaningful and precise solution to the vast and ubiquitous problem presented by PFAS-firefighting foams and their historic impact on the environment. ILTA supports Senator Lummis’ narrowly tailored and crafted legislation as a positive step to finding and developing a fruitful solution to the impacts of PFAS.