The International Liquid Terminals Association (ILTA) met with the Environmental Protection Agency’s (EPA) Office of Site Remediation Enforcement in late June to seek clarity on enforcement guidelines for aqueous firefighting foams containing PFAS. The meeting addressed concerns arising from the EPA’s 2023 designation of PFAS chemicals PFOA and PFOS as hazardous substances under CERCLA, which holds parties deemed “polluters” liable for Superfund cleanup costs.
The new regulations placed terminal operators at risk of liability for using firefighting foams that had been required under OSHA and other safety standards for decades. Terminal operators had used these foams in good faith to protect lives and property during fire emergencies, fulfilling legal safety obligations while prioritising public safety throughout the period when these substances were mandated.
ILTA continued to advocate that penalising terminal operators for compliance with longstanding regulations was unreasonable, particularly given that viable AFFF alternatives remained limited. The association emphasised that its members had acted responsibly, using what was available and required at the time they operated under existing regulatory frameworks.
During the meeting, ILTA urged the EPA to consider a more balanced approach that recognised the role of terminal operators as safety enforcers rather than environmental offenders. The association requested collaboration with the industry to craft common-sense guidelines that would protect communities and the environment while ensuring that responsible actors were not unfairly targeted by enforcement actions.
The discussion focused on developing regulatory enforcement policies that acknowledged the complex regulatory environment in which terminal operators had operated, where compliance with safety requirements had necessitated the use of PFAS-containing firefighting foams. ILTA emphasised the need for enforcement guidelines that distinguished between parties who had used these substances in compliance with safety regulations and those who had acted irresponsibly.
ILTA expressed its commitment to working with the EPA and other stakeholders to ensure that regulatory enforcement would be fair, practical, and effective. The association sought to establish a framework that would balance environmental protection goals with recognition of the legitimate safety compliance efforts undertaken by terminal operators over the years when AFFF use was mandated by federal safety standards.
For more information visit www.ilta.org
