What's New

Per the article, “European Experience Provides Preview of U.S. Climate Change Costs,” which was published in the December issue of ILTA News, links to the aforementioned reports are provided below.

Environmental Protection Agency – Economic Impacts of S. 1733 Clean Jobs and American Power Act of 2009
U.S. Treasury – Letter to Competitive Enterprise Institute: FOIA Response Relating to Cap and Trade Schemes for Carbon, Carbon Dioxide and Greenhouse Gases
Congressional Budget Office – The Estimated Costs to Households from H.R. 2454 American Clean Energy and Security Act of 2009
British Taxpayers Alliance – The Expensive Failure of the European Union Emissions Trading Scheme

November 2009

On November 20, DHS issued 540 additional tiering letters, including 473 Tier 4 final notifications. These facilities have until March 22, 2010, to submit their Site Security Plan (SSP). DHS stated that it intends to issue all final tiering letters by early 2010. Once a facility receives its final tiering letter, it will have 120 days to submit the SSP.

On November 16, the NJDEP issued a proposed rulemaking that would reduce the maximum sulfur content and sulfur dioxide emissions standards for fuel oil over the next six years. Under NJDEP’s proposal, the first phase of implementation would take effect July 1, 2014, reducing the sulfur content in home heating (No. 2) oil and lighter grade fuel oil from over 2,000 ppm down to 500 ppm. The second phase would establish a 15 ppm standard, effective July 1, 2016. Comments are due January 15, 2010. The proposed standards mark a significant expansion beyond from existing EPA requirements for ultra-low sulfur diesel fuels which do not apply to heating oil. No. 2 oil importers, manufacturers and pipeline owners have indicated that compliance issues with the 15 ppm requirements, could compromise heating oil supply to the region.

October 2009

On October 2, Coast Guard released an internal guidance document addressing seafarers’ shore access issues as regulated under MTSA. The guidance asks Captains of the Port to review facility security plans to ensure that each plan provides for seafarers’ shore access for such activities as shore leave and crew change.

On October 7, ILTA attended the Clean Air Act Advisory Committee (CAAAC) meeting in Arlington, VA. The discussion focused on three near-term policy objectives: draft Light-Duty Vehicle Greenhouse Gas Emissions Standards, revisions to the Corporate Average Fuel Economy Standards, and consideration of Best Achievable Control Technologies for Greenhouse Gases. A copy of the agenda and subsequent meeting materials are available on EPA’s Website.

During October, two major fire incidents resulted in significant damage at terminal facilities located in Puerto Rico and India.

On October 23, a fuel tank reportedly exploded just west of San Juan in Bayamon, Puerto Rico at a Gulf-branded facility owned by Caribbean Petroleum Corporation. The blast ignited 10 additional tanks, eventually including 21 of the 40 storage tanks at the facility. Over 150 firefighters and 215 National Guard personnel were called to the scene. There was no loss of life. Several minor injuries were reported. Preliminary investigation indicates gasoline vapors from an overflowing fuel tank caused the blast. So far, damage estimates total $6.4 million. Click here to see photos from the incident.
On October 29, a pipeline leak during a product transfer operation at the Indian Oil Corporation fuel depot in Jaipur, India, is suspected to have caused an explosion and massive fire at the facility. At least 11 people have been confirmed dead, and more than 150 were injured. A three-mile area around the fire perimeter was initially declared a danger zone, and up to half a million people were evacuated. For more information relating to the incident, click here.

September 2009

ILTA can now be found on the online professional networking site LinkedIn. ILTA members can connect with others in the terminal industry and leverage existing relationships via the LinkedIn/ILTA community group. Linked In is a free business oriented social networking site that helps users find inside connections to jobs, industry experts, and business partners. LinkedIn account holders can connect with the ILTA group by searching for International Liquid Terminals Association under Groups at www.linkedin.com.

August 2009

The Coast Guard recently issued Policy Advisory Council (PAC) 09-09 exempting certain facilities that transfer and store asphalt from the Maritime Transportation Security Act requirements (33 CFR 105). This decision recognizes the physical properties that make an intentional attack on an asphalt tank implausible and unlikely to result in a transportation security incident that includes significant loss of life, environmental damage, or disruption to the economy or domestic transportation system.

On August 14, EPA revised one of the primary Designate & Track reports related to diesel fuel reporting in order to accommodate hand offs of 15 ppm nonroad, locomotive or marine (NRLM) diesel fuel. Reporting parties that have handled 15 ppm NRLM diesel fuel must use the new form, DFS0502. Click here for filing instructions. Additional information is available on ILTA’s website under the Legislative & Regulatory section. Click on “Diesel Fuels Sulfur Control Rules.”

On August 4, ILTA submitted comments to the Chemical Safety Board (CSB) on their Advance Notice of Proposed Rulemaking (ANPR) that was issued on June 25. The ANPR requested feedback on potential new requirements for reporting accidental chemical releases to CSB in accordance with the Clean Air Act of 1990. Although CSB has been monitoring chemical incidents since 1998, no accidental release reporting requirements have been promulgated to date.

The International Liquid Terminals Association (ILTA) announces the availability of a new training package designed to prepare ethanol producers, transporters and first responders who may experience or come in contact with an ethanol-related emergency. The Complete Training Guide for Ethanol Emergency Response from the Ethanol Emergency Response Coalition (EERC) includes two videos, an instructor’s guide, and several interactive workshops. It also offers seven modules and PowerPoint presentations, each focusing on a specific and important aspect of ethanol response, as well as guidelines for fire departments and first responders that have ethanol production facilities in their communities. This training package is extremely beneficial with information about ethanol and other fuel related incidents, giving first responders the knowledge and training they require. The Complete Training to Ethanol Emergency Response is now available online through the EERC’s website. To reserve a hard copy, please email Taryn Morgan at tmorgan@ethanolrfa.org. Please call Peter Weaver at (202) 842-9200 with any questions.

July 2009

On July 16, NRPA submitted a letter to the Senate Appropriations Committee, opposing any legislative or administrative action that would authorize the introduction of mid-level ethanol blends (fuels that contain more than 10 percent ethanol by volume, such as E12, E15 or E20). The letter was signed by nearly fifty organizations representing environmental groups, food production companies and industrial manufacturers, and business associations.

As part of a new air toxics monitoring initiative, EPA, state and local air pollution control agencies will monitor the outdoor air around schools for pollutants listed under the Clean Air Act. EPA has selected 62 schools across 22 states for the initial 60-day monitoring period. EPA intends to use the information gathered to decide how to best move forward (more monitoring, enforcement, etc.) For more information, click here.

June 2009

On June 9, ILTA recognized fourteen companies for their outstanding safety performance records in 2008. Two categories of awards were presented. Winners were selected based on their total reportable incident records as reported to the Occupational Health & Safety Administration and based on their responses to a questionnaire designed by ILTA’s Safety Award Program Committee.

The 2009 Safety Excellence Award winners include:

Asphalt Operating Services, LLC
Buckeye Terminals, LLC
CITGO Petroleum Corporation
Flint Hills Resources, LP
Hess Corporation
Houston Fuel Oil Terminal Company
Intercontinental Terminals Company
International Raw Materials, Ltd.
JIT Chemical Corporation
Marathon Petroleum Company LLC
Motiva Enterprises – New Jersey Complex
Petro-Diamond Terminal Company

The 2009 Platinum Safety Award winners include:

NuStar Energy L.P. (large terminal award)
Western Refining Company (small terminal award)

May 2009

On May 27, the U.S. Chemicals Safety and Hazard Investigation Board issued its final report on the November 2008 fertilizer tank collapse at Allied Terminals in Chesapeake, VA. The report identifies defective welds as cause of the tank’s failure. The report discusses this finding and includes the following recommendations:

VA should establish regulations relating to the design, construction, maintenance and inspection of 100,000-gallon and larger fertilizer tanks located on the Elizabeth River
EPA should revise its Chemical Safety Alert entitled Rupture Hazard from Liquid Storage Tanks to address hydrostatic testing or first fill
Companies should incorporate The Fertilizer Institute’s the Aboveground Storage Tanks of Liquid Fertilizer, Recommended Inspection Guidelines into their operational/inspection policies.

April 2009

On April 24, EPA proposed an endangerment finding that would define carbon dioxide and other GHGs as air pollutants under the Clean Air Act (CAA). If finalized, the finding would trigger new CAA emission control requirements for major sources, prompting EPA to issue a separate rulemaking for GHGs. Because the CAA requires EPA to regulate all major sources, establishing an endangerment finding would ultimately result in GHG emission standards for an estimated 1.2 million previously unregulated office buildings, big box stores, schools, etc. Comments are due in June. To view the rule, click here

The deadline for ILTA 2009 Terminal Member Safety Survey has been extended. Survey and award questionnaire responses are now due April 24, 2009. For more information, or to download a copy of the survey and questionnaire, click here.

DHS has completed the Site Security Plan template and is available on the DHS CSAT for facilities that have been notified of their final tiering status. An electronic version is available to ILTA members within the Member’s Only section. For more information, contact Peter Weaver.

The Workplace Safety Awareness Council is offering free training relating to revisions in Occupational Safety and Health Administration (OSHA) regulations covering electrical safety, hazardous locations, NFPA 70E and personal protective equipment. The 2009 OSHA update workshops will be held through August 2009. For more information click here.

March 2009

On March 27, the Coast Guard published an advance notice of proposed rulemaking (ANPR) on the Transportation Worker Identification Credential (TWIC) electronic reader requirements. To view a copy of the ANPR, click here.

On March 19, the Environmental Protection Agency released its 2007 Toxics Release Inventory Public Data Report. THE TRI is an online database containing detailed information on nearly 650 chemicals and chemical categories. To view the results, click here.

February 2009

The Coast Guard has issued Policy Advisory Council (PAC) 02-09, Training Requirements for Escorts on Regulated Facilities and Vessels. It establishes requirements for TWIC holders authorized to escort non-TWIC holders and outlines ways that a facility may demonstrate that these TWIC holders are aware of escort procedures. For more information on the TWIC program, click here.

January 2009

On January 15, ILTA will distribute its 6^th Annual Terminal Member Safety Survey in conjunction with ILTA’s 3^rd Annual Safety Recognition Program. The survey solicits terminal member data on reportable incident rates at facilities. Participation is voluntary; however, ILTA strongly urges all terminal members to participate, regardless of company size or incident rate. All information collected in the survey will remain confidential. Results will be compiled into a report that profiles respondent performance. The report will be made available to all survey participants. A high level of participation among member companies results in more accurate reporting of the terminal industry’s overall safety performance record. Survey participants will be considered for an ILTA Safety Recognition Award. As in 2008, this year’s program will include two levels of awards: the “Excellence Award” and the “Platinum Award.” For more information click here.

On December 19, 2008, the U.S. Court of Appeals for the District of Columbia Circuit, in Sierra Club et. al. v. EPA (Case No. 02-1135), overturned a major startup, shutdown, and malfunction (SSM) exemption from EPA’s hazardous air pollutant maximum achievable control technology (MACT) standards. The new ruling holds that under the Clean Air Act, the only exemptions to the MACT emission limits are for “design” or “source-specific” considerations. The Court’s invalidation of the SSM exemption rule will take effect on February 2, 2009 unless the Court’s mandate is stayed by a petition for a rehearing or an order deferring the effective date pending Supreme Court review.

ILTA’S Year in Review ILTA takes an active role in educating and informing our members about issues impacting the terminal industry. Click here to read a recent article highlighting the association’s 2008 initiatives and key accomplishments.