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EMA Weekly Review

EMA Weekly Review

Energy Marketers of America weekly update on important national industry news
May 13, 2022  [WR-22-19]
Sponsored by Reynolds Marketing Services Company
who generously supports The Energy Marketers of America 
EMA Weekly Review Sponsors

Quick Links to Articles for May 13, 2022

EMA Compliance Bulletin Reminder: DOT Annual Hazmat Registration Renewal Due by July 1, 2022 

Inside the Beltway Update 

EMA Challenges EPA’s Recent Decision to Reinstate California's Clean Air Act (CAA) Waiver for GHG/ZEV Mandate

EMA Joins Letter Opposing Proposed DOL Rulemaking Altering Overtime Regulations

Congressman Drew Ferguson (R-GA) to Address EMA DC Conference Next Tuesday 

Supply of Diesel is Becoming a Retail Problem 

April 2022 Energy Marketers of America Small Business Committee (SBC) PAC Contributions

Federated Insurance Employment Practice Network Webinar

The Silent Auction is Online! Begin Your Shopping Now!

Weekend Reads

Federated Insurance: It’s Your Life

Articles for May 13, 2022
EMA Compliance Bulletin Reminder: DOT Annual Hazmat Registration Renewal Due by July 1, 2022

The U.S. Department of Transportation’s Pipeline and Hazardous Material Safety Administration (PHMSA) online portal for annual HAZMAT registration opened May 1, 2022. Registration renewals must be completed by July 1, 2022. Due to COVID-19 workplace restrictions and processing delays, marketers should register online this year and do so early. However, registrations that were submitted before May 1, 2022 will not be processed until the open season begins.

PHMSA requires both hazardous material transporters and those who ship hazardous materials through common carriers to register and pay a fee each year in return for a certificate of authority to operate in intrastate and/or interstate commerce. Since PHMSA allows multiyear registration, not all registration certificates are up for renewal by July 1, 2022. Marketers should look at their registration certificate for the date of renewal or search registration status at PHMSA’s online portal at registration look-up to determine whether registration is due for renewal.

Click here to read the EMA Compliance Bulletin

Inside the Beltway Update 

This week, EMA, NEFI, Clean Fuels Alliance America and several EMA state associations sent a letter to Congress urging immediate action in response to volatility in energy markets. Specifically, the letter urges lawmakers to offer heating fuel dealers guaranteed Small Business Administration loans; increase and expand tax credits for cost-saving home efficiency upgrades; enact long-term extensions for renewable fuel tax incentives; encourage greater U.S. energy production; boost the Low-Income Home Energy Assistance Program (LIHEAP); and increase funding for the Commodity Futures Trading Commission (CFTC).

Meanwhile, lawmakers continue to raise concerns over the Department of Transportation’s rollout of electric vehicle (EV) charging funds authorized in last year’s Bipartisan Infrastructure Law. Specifically, lawmakers from western states have argued that the Department’s requirement that EV chargers be located every 50 miles is unreasonable and overly burdensome for many remote highway areas. This criticism is bipartisan, with Senator Jacky Rosen (D-NV) calling the criteria “challenging.”

Next week, the House will likely vote on Democrat-led legislation barring “excessive” or “exploitative” fuel prices as part of Congress’ attempt to help lower fuel prices. This “price gouging” legislation has little chance of passing the Senate. The “Price Gouging Prevention Act of 2022” would prohibit price gouging during all “abnormal market disruptions” – including the current pandemic – by authorizing the FTC and state attorneys general to enforce a federal ban against “unconscionably excessive price increases.” 

The road to a slimmed-down version of Build Back Better (BBB) is still unknown. Senator Joe Manchin (D-WV) continues holding bipartisan discussions over a clean energy package but has not engaged in formal discussions with the White House over a broader BBB-style package. While Senator Manchin would support tax increases to fight inflation, it’s not clear whether fellow moderate Senator Kyrsten Sinema (D-AZ) would support the same. The legislative window for another domestic policy package is narrow, given Congressional focus on China legislation, Ukraine, the annual defense policy bill, and government funding. 

EMA Challenges EPA’s Recent Decision to Reinstate California's Clean Air Act (CAA) Waiver for GHG/ZEV Mandate

Today, EMA joined others in the liquid fuel supply chain in challenging a March 14, 2022, decision by the Biden Administration to reinstate California’s waiver for its Advanced Clean Car program.

The Biden EPA waiver would restore the State of California’s authority to set and enforce more stringent standards than the federal government for greenhouse gas emissions and its zero-emission vehicle (ZEV) mandate. The Clean Air Act (CAA) establishes federal regulation of motor vehicle emission standards and preempts state standards. However, the CAA gives California the ability to seek special treatment through a waiver of federal preemption. The CAA also allows other states to adopt California’s standards as seventeen states and the District of Columbia have done. 

Under the Trump Administration, EPA and the National Highway Traffic Safety Administration (NHTSA) issued a joint rulemaking that resulted in a withdrawal of a preexisting waiver granted to California in 2013, which the Biden Administration has now acted to restore. The Trump Administration’s goal was to have “One National Program” (for fuel efficiency and GHG emission standards) to put cleaner internal combustion engines (ICEs) and electric vehicles (EVs) on a level playing field. In restoring the California waiver by the Biden Administration, California will continue to mandate EVs to the detriment of cleaner greener liquid fuels and likely put small business energy marketers out of business.

EMA Joins Letter Opposing Proposed DOL Rulemaking Altering Overtime Regulations

On Wednesday, EMA and 93 organizations sent a letter to Secretary of Labor Marty Walsh urging him to abandon or at least postpone issuance of the Department of Labor’s announced proposed rulemaking altering the overtime regulations under the Fair Labor Standards Act (FLSA).

Over the past two months, the employer community has warned DOL during its listening sessions that “The economy today cannot support changes to the white-collar exemptions under the FLSA.” “Due to significant concerns with supply chain disruptions, workforce shortages, inflationary pressures, and the shifting dynamics of the American workforce following the COVID-19 pandemic, any rule change now would be ill-advised. Importantly, DOL last updated the overtime regulations only three years ago, which strongly suggests there is no need for urgency in issuing more changes.”

Congressman Drew Ferguson (R-GA) to Address EMA DC Conference Next Tuesday 

EMA is pleased to announce the following speakers to address energy marketers attending EMA’s Washington Conference and Day on the Hill. Featured Speaker at Opening Session on Tuesday, May 17 at 1:20 pm (Note earlier time!) is Congressman Drew Ferguson who is the Chief Deputy Whip for House Republicans. He also serves on the Committee on Ways and Means. Rep. Ferguson is a proud native of West Point whose family roots in the West Georgia area are several generations deep. He attended the University of Georgia and gained early acceptance to the Medical College of Georgia. After graduating with a degree in dental medicine, he moved back to his hometown and established a successful family dental practice.

In 2008, Congressman Ferguson was elected mayor of West Point and was at the forefront of attracting and keeping jobs in his community. By lowering taxes, eliminating government barriers and reforming education, he led a community in economic ruin back to life. Today, a wide range of new businesses and industries call West Point and the surrounding area home. Led by KIA Motors, automotive suppliers and related businesses, 16,000 new jobs have been created so far. Congressman Ferguson came to Washington to apply the lessons he learned revitalizing West Point to creating policies that once again make America the most competitive place to do business.

Just as important as the creation of jobs, Congressman Ferguson wants to remove barriers that prevent those in poverty from moving into the middle class. Smart and effective welfare entitlement reform that actually helps people move ahead rather than trapping them in a cycle of poverty is the first step. Congressman Ferguson believes these problems cannot simply be regulated away but should look for solutions that get government out of the way of American innovation growth. This is as much a moral issue as it is a practical matter. Drew and his wife, Julie, reside in The Rock, Georgia, and together they have six children: Anderson Drew Ferguson V, Lucy, Mary Parks, Thad, Elizabeth, and Olivia.

All EMA Committee Meetings will take place on Thursday, May 19 from 8:30 am – 9:45 am at The Mayflower Hotel in Washington, D.C. The Heating Fuels Committee will feature John Huber and Mike Devine of National Oilheat Research Alliance (NORA). The Motor Fuels Committee will feature Benny Van Osdell of Motiva Enterprises LLC. The Convenience Store Committee will feature Matt Domingo of Reynolds American, Chris Santy of Patriot Capital and Chris Semrau and Erick Wilde of Worldpay from FIS. 

Speaker information is available here

Supply of Diesel is Becoming a Retail Problem 

More and more contracts for diesel are moving to Europe as refiners are exporting higher than normal volumes, China is low on exports, and diesel refinery capacity has been reduced due to the COVID-induced shutdowns, conversions of some refineries to renewable diesel, and closures from 2021 hurricanes. This is leaving some marketers scrambling to obtain the fuel for their customers. EMA is working to obtain short term relief for marketers, as well as permanent solutions. For a detailed report regarding diesel supply, go to this report, Key oil report sees little relief in current tight diesel market - FreightWaves.

April 2022 Energy Marketers of America Small Business Committee (SBC) PAC Contributions

PAC Co-Chairs Mike Downs and Tim Keigher are grateful for the Energy Marketers of America Small Business Committee (SBC) PAC contributions from the following individuals during the April 1-30, 2022, time frame:

California: Robert Bollar, Dale Boyett
Idaho: Brett Adams, Kelly Anderson, Ron Berry, Dennis Campo, Holly Claiborn, Edward Croymans, Mason Foote, Justin Kerr, Ben Roberts, Jake Searle
Kentucky: Jeff Lykins, Brian Newcomb
Mississippi: Philip Chamblee, Michael Dees, Kirk Dickerson, Rex Gillis, William Gresham III, Jeremy Holmes, William Kitchens Sr., James Lipscomb, Parker Lipscomb, Charles Morris, Joe Morris Jr., Eric Prince, Stan Roberts, Isaac Sayle, William Sumrall, W. Clifton Van Cleave
Missouri: Joe Naegler
NECSEMA: Jim Garrett
North Carolina: Larry Jordan
North Dakota: Matt Bjornson, Dan Dustan, Chris Fitterer, Tom Haahr, Mike Rud, Deanne Schatz
South Carolina: Brendan Nugent
Utah: John Hill, Carl Hunt
Wisconsin: Paul Bhardwaj, Jon Crawford, Ted Gement, Paul Knower, Erik Long, Mike Miller, Jenni Patnode, Forest Payne, Jeremy Saunders, Stephanie Schroeder, Daytun Young 

Federated Insurance Employment Practice Network Webinar
Driving A More Security-Aware Culture: Tuesday, May 17, 2022, 1:00 p.m. CT

With 85 percent of security incidents being the result of human error, security leaders, auditors, and regulators increasingly recognize that a more intentional focus on the human side of security is critical to the protection of organizations. Now more than ever, it is critical for every employee to raise their level of security readiness to better understand and commit to their responsibility in driving a more security-ready culture. 

Topics include:

  • What the threat landscape looks like today and how it is affecting our industry. 

  • What the bad guys are up to. 

  • Practices to raise your readiness level both personally and professionally in order to drive a more secure organizational culture. 

Advanced registration is required for this 1-hour webinar. 

Please always feel free to contact your Federated regional representative or EMA’s National Account Executive Jon Medo at 800.533.0472 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council. 

The Silent Auction is Online! Begin Your Shopping Now!

Energy Marketers of America (EMA) Small Business Committee (SBC) PAC Co-Chairs Mike Downs and Tim Keigher hope that you enjoy shopping the EMA PAC Silent Auction that is now online! There are many generous auction items – something of interest for everyone! 

Philip Chamblee and the Mississippi Petroleum Marketers & Convenience Store Association have contributed a beautiful 14 karat yellow gold layered Saturn and cable chain necklace with a Vintage Bohemian garnet cluster set in 14 karat yellow gold. The necklace was custom designed by Brian Beckham at Beckham Custom Jewelry in Jackson, Mississippi.

Furthermore, Mike O’Halloran and the Mid-Atlantic Petroleum Distributors’ Association have contributed a fun and delicious Jimmy’s Famous Seafood Bundle! The Maryland-style crabcake feast for 8 includes: 8 “World’s Best Colossal Maryland Crab Cakes”, 4 pints of Jimmy’s homemade Maryland Style Crab soup, 4 pints of rich and delicately seasoned Cream of Crab soup, 2 pints of Jimmy’s thick creamy crab dip, 16 ounces of seafood seasoning, and 2 pints of Jimmy’s creamy house dressing

Included in your prize are two Jimmy’s Famous Seafood American flag t-shirts and two bottle openers. We hope you’ll enjoy this taste of Maryland!

We want to remind you about our format for the Annual Silent Auction and Raffle. This is our fourth year with C2Auctions. They will organize the EMA PAC Silent Auction during our EMA Day on the Hill Conference. All EMA members are eligible to participate from anywhere in the United States if they download the C2Auction App on their mobile phone. We already provided a mobile link to all EMA Association Executives and the PAC auction event is live.

The Auction will continue taking place in conjunction with the Energy Marketers of America’s Washington Conference May 17-19 and bidding will close May 19 at 9 am. The auction items will be displayed at the Welcome Reception on May 17. If you have items that you would like to contribute for the Silent Auction, please contact Sabrina Pitcher at 703-351-8000.  

Weekend Reads:

Carbon capture challenges are not deterring investor at Bill Gates’ firm

Energy secretary explains why feds are spending $2.5 billion on carbon capture

Federated Insurance: It’s Your Life
It's Your Legacy

In its most simplistic form, estate planning is the process of outlining today how you want your assets to be managed and transferred after your death. In reality, it’s much more than that.

One of the most important plans you can make is for the smooth transition of your business to the next generation. For a business owner, estate planning also includes succession planning — who, when, and how your business will be taken over. Proper planning means peace of mind today, knowing that your desires for the future of your business will be fulfilled tomorrow. 

Please click here to learn more about the planning techniques for succession and estate planning for your business. 

Please always feel free to contact your Federated regional representative or EMA’s National Account Executive Jon Medo at 800.533.0472 for any additional information or risk management questions.

Federated is a Partner in EMA’s Board of Directors Council.

This article is for general information and risk prevention only and should not be considered legal or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all risk of loss. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. Qualified counsel should be sought with questions specific to your circumstances. © 2022 Federated Mutual Insurance Company

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