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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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ILTA Held a Special Webinar for ILTA Members on Energy Transition

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On December 14, ILTA hosted an Energy Transition Briefing to discuss how liquid fuels and liquids commodities would play a significant role in the transition and diversification of energy sources from fossil fuels to other fuel sources. The purpose of the briefing was to help ILTA members better understand the business and strategic relevance of the liquid storage and logistics industry’s role in long-term transition and diversification of energy sources. A copy of presentation slides is attached below.

EPA Proposed Updates to the Gasoline Distribution Rule Appendix K

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The Environmental Protection Agency continues its efforts to reduce climate-changing emissions related to fossil fuels industry, particularly around the oil and gas sector. In November 2022, EPA issued a proposed rule to strengthening its previous proposals to reduce harmful emissions such as methane and other harmful emissions. On November 15, EPA issued this supplemental proposal to update, strengthen, and expand previous proposed standards intended to significantly reduce emissions of greenhouse gases (GHGs).

TWIC Reader Rule Extension Legislation Passed and Regulatory Comments Sought

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The Transportation Worker Identification Credential (TWIC) Reader Rule (TWIC Reader Rule) will have at least a three-year delay. In June 2022, the U.S. Department of Homeland Security, acting through the U.S. Coast Guard (USCG), issued a notice in the federal government’s Spring Unified Agenda, that the TWIC Reader Rule would likely be delayed for another three years until approximately May 2026. The USCG informed ILTA and its members at ILTA’s Fall EHS&S meeting that a forthcoming Federal Register Notice would be issued requesting comments as to whether the TWIC Reader Rule should be delayed.

ILTA Submitted Comments to EPA Opposing CERCLA Designation

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On August 26, 2022, EPA proposed designating PFOA and PFOS, including their salts and structural isomers, as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Such designation, if finalized, would result in a CERCLA default Reportable Quantity (RQ) of one pound of PFOA or PFOS.  CERCLA – also known as Superfund -- requires any person in charge of a vessel or facility, as soon as they have knowledge of any release (other than a federally permitted release) of a hazardous substance from such vessel or facility in quantities equal to or greater than the RQ or more in a 24-hour period, to immediately notify the National Response Center (NRC) of such a release.  Given the historical use of PFOA and PFOS in firefighting foams used at liquid terminal facilities, nearly all ILTA member sites could be categorized as CERCLA or Superfund sites, if the rule is finalized.

ILTA prepared and submitted comments to EPA opposing the CERCLA designation. ILTA provided general information on the nearly 80 terminal companies in its membership. ILTA specified how its member facilities provide critical infrastructure services, including storage, and transportation logistics for bulk liquid products at over 1,500 facilities in locations across all 50 states.  ILTA provided historical information and context about how and why ILTA member facilities have used PFOA and PFOS-based firefighting foams, especially given the storage and movement of flammable liquids, including crude oil, gasoline, diesel, jet fuel, ethanol, industrial chemicals, fertilizers, and agricultural oils. 

ILTA Submits Comments on EPA Risk Management Program Update

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On August 31, 2022, EPA issued a proposed rule to amend the EPA Risk Management Program ("EPA RMP" or "RMP"). EPA sought to update the correlating safety program to the OSHA PSM rule, and the two programs work together to mitigate and reduce risk.

EPA is proposing to amend its RMP to include several critical changes. EPA is proposing changes to address accident prevention program requirements, enhancements to the emergency preparedness requirements, increased public availability of chemical hazard information, and several other changes to specific regulatory definitions or points of clarification. These proposed amendments seek to improve chemical process safety; assist in planning, preparedness, and responding to RMP-reportable accidents; and improve public awareness of chemical hazards at regulated sources.