FMCSA Warns of Ongoing Broker and Carrier Fraud and Identity Theft

The FMCSA is warning energy marketers and other businesses with trucking operations of a new identity theft scam designed to collect vital information for fraudulent use. Fraud and identity theft occurs when unauthorized entities use another motor carrier’s assigned USDOT number, or fraudulently act as a FMCSA authorized broker to hijack goods shipped by truck.

Inside the Beltway Update

With the election of a new President and a new Congress, attention naturally turns to what options are available for not only making new policy, but also for rolling back policy initiated during the previous Administration. As history has taught us, and the previous six weeks have shown, attempting to predict election outcomes is a fool’s errand. However, anticipating changes of the party controlling Washington is necessary to develop strategies for future legislative reforms.

If Republicans hold the House, regain control of the Senate, and hold the keys to 1600 Pennsylvania Avenue, Congressional Republicans will seek to use the Congressional Review Act (CRA) to overturn burdensome regulations and rulemakings finalized by the Biden-Harris Administration. Repeals under the CRA could include rules promulgated under the Inflation Reduction Act (IRA), as well as rules on climate, emissions, electric vehicles, prescription drugs and more. Republican, and perhaps a handful of moderate democratic, lawmakers are closely watching what rules the Biden-Harris Administration finalizes between now and the start of the 119th Congress (i.e., the final 60 legislative days of the 118th Congress).

Broadly, the CRA allows Congress to overturn certain rules issued by federal agencies through a joint resolution of disapproval within sixty legislative days after a rule is submitted to Congress. The successful use of the CRA prevents a rule from taking effect or continuing in place and prevents the reissuance of substantially similar rules unless authorized by a subsequent Act of Congress. Joint resolutions of disapproval may be adopted by simple majority and cannot be filibustered in the Senate. Importantly, and critical to the success of the CRA, joint resolutions of disapproval are subject to a Presidential Veto.

Leveraging the CRA to repeal prior rulemakings effectively requires one-party control of the White House and Congress. Notably, Republicans successfully overturned 16 Obama Administration rules and Democrats successfully overturned 3 Trump Administration rules following changes in party control of the White House and Congress. This will likely only be a factor if former President Trump is reelected-- should Vice President Harris get promoted in November, odds of an effective CRA are likely 0.

Before repealing a prior rulemaking, Congress must look at the “legislative clock” to determine what rulemakings are eligible. CRA joint resolutions of disapproval must be filed within 60 consecutive days (which run concurrently so long as Congress does not adjourn or “gavel out” for more than three days) following the submission of a rule to Congress. As a result, fewer legislative days at the end of the 118th Congress may expose more Biden Administration rules issued in 2024 to CRA scrutiny. In 2021, rules issued after August 21, 2020, were subject to the CRA. We expect it a similar mid-August timeframe.

In addition to repealing prior rules, the CRA can be a tool to hinder subsequent presidential administrations from reissuing similar rules, absent congressional action. Upon conclusion of the 118th Congress, there will be a look-back period to determine the “legislative clock” and identify those administrative actions subject to the CRA. A review of history tells us the CRA timeline begins in late July to early August. As such, remember that any new rulemakings issued by the Biden Administration can be nullified should Republicans sweep in November.

Finally, Senators Jeff Merkley (D-OR), Chris Van Hollen (D-MD) and Ron Wyden (D-OR) recently introduced legislation that would end the longstanding federal law that prohibits commercial services at rest areas. S. 4989, the Recharge Your Electric Car on the Highway to Alleviate Range Gaps Effectively (RECHARGE) Act, would allow EV charging stations at state-operated rest areas, threatening our industry's ability to profitability invest in electric vehicle charging stations. The chances of passing are unlikely; however, it is odd that Congress would try to end the federal law that prohibits commercial services at rest areas after it pumped billions of dollars into the National Electric Vehicle Infrastructure formula program to incentivize private investment along our nation’s interstate highways.

Disaster Response Information for Marketers Responding to Hurricane Debby

Hurricane Debby made landfall as a Category 1 in Florida’s Big Bend region Monday morning and remnants of the storm continue up the northeast coast. There are not any refinery or terminal closures in the region, and most ports remain open (some with restrictions). Marketers are working diligently to maintain everyone’s access to fuel.

To provide vital supplies and transportation services to a disaster area in the United States, emergency declarations have been issued. These declarations trigger the temporary suspension of certain Federal safety regulations, including Hours of Service, for motor carriers and drivers engaged in specific aspects of the emergency relief effort.

In addition, please reach out to Sherri Stone at EMA if you have any questions, including the status of utility outages and state re-entry procedures. Further, suggestions on ways that EMA can assist you in disaster planning and response are encouraged. Sherri can be contacted at 703-472-7980 or at sstone@emamerica.org.

EMA’s Fall Meeting at the NACS Show 2024: October 6-7: Website and Registration Open!

EMA will hold its Fall Meeting in conjunction with the NACS Show on October 6-7 at the Encore at Wynn Las Vegas. The EMA meeting will begin with a New Attendee Orientation/Federal Legislative Update mid-afternoon on October 6. NACS/EMA Reception Salute to State Association Executives (all EMA members are welcome) will follow at Las Vegas Convention Center in the Hunter Club Lounge. On the morning of October 7, there will be a Buffet Breakfast followed by Region and Committee Meetings. The EMA Board of Directors meeting is scheduled after the Distinguished Service Award Luncheon honoring Spirit® Petroleum President and former Washington State Marketer Gerry Ramm exclusively sponsored by EMA Board of Director Council Partner Federated Insurance.

A reminder invitation was sent to your inbox on July 31. Registration deadline is September 3, 2024 and our room block is nearly sold out so please do not delay in making plans! Responding to the links on the invitation email is the recommended way to register.

Remember, the NACS Show registration is separate from EMA’s Fall Meeting registration.

Special EMA Members Code for NACS Show 2024 Registration

The NACS Show is returning to Las Vegas this October, and deadlines are approaching.

Using this code provides EMA with $100 for every retailer or jobber paid registration at any rate. EMA encourages EMA state execs to promote and share with your state association’s member companies. Please see attached flyer.

**Please note that EMA State Execs are comped for NACS Show registration, and this link is expected to be sent out this week from NACS. Additionally, the NACS Show registration is separate from EMA’s Fall Meeting registration.

Again, the EMA NACS Show Registration Code is: EMANS2024 and CLICK HERE for full instructions to register.

Questions registering for NACS Show? Contact NACS Show registration customer service at nacs@maritz.com or 469-513-9489, Monday-Friday, 9:00 a.m. – 5:00 p.m. EST, for assistance.

Department of Treasury and IRS Release Inflation Reduction Act Clean Energy Statistics

Yesterday, THE Department of the Treasury and the Internal Revenue Service issued statistics on the Inflation Reduction Act clean energy tax credits for tax year 2023.

The Inflation Reduction Act, or IRA, extended and expanded tax credits that allow taxpayers to claim residential and energy efficient home energy credits. Taxpayers have claimed more than $2 billion in credits for residential clean energy investments on 2023 tax returns filed and processed through May 23, 2024. Residential clean energy investments include heat pumps, efficient air conditioners, insulation, windows and doors.

EMA MDF Contributors for July 2024

Energy Marketers of America’s Marketer Defense Fund wants to thank the following individuals for their contributions during the July 1- 31 timeframe:

Arizona: Arizona Petroleum Marketers Association
California: Reed Rinehart
Colorado: Colorado Petroleum Marketers and Convenience Store Association
Connecticut: Connecticut Energy Marketers Association
Louisiana: Grady Gaubert
Missouri: Missouri Petroleum & Convenience Association
New Mexico: New Mexico Petroleum Marketers Association
North Dakota: Paul Mutch, North Dakota Petroleum Marketers Association
Oregon: Oregon Fuels Association
Washington: Washington Independent Distributors of Energy

Corporate donations are acceptable. MDF funds have been used to create a COVID-19 Situational Update & Resources webpage, to hire experts to cover important regulatory agencies and disaster relief dedicated to strengthening our lobbying efforts on Capitol Hill. Click here to donate to the EMA MDF.

Cash, Cash, Cash & More Cash: MDF Raffle Being Held During EMA’s Fall Meeting at the NACS Show

Get your Energy Marketers of America Marketer Defense Fund (MDF) raffle tickets now for a chance to win $1,000 in cash. The EMA MDF will hold a raffle during the Las Vegas, Nevada October 6-7 conference. The raffle winner will be identified on October 7 and does not have to be present to win. If you are not attending the conference, you will be notified the week following the October drawing if you are the $1,000 “richer” raffle winner.

The proceeds of the raffle will benefit the EMA MDF. The EMA Marketers established the MDF to assure that the industry’s best interests are represented on the legislative and regulatory front. This fund has already effectively defeated regulatory initiatives such as proposed requirements to place the point of compliance for fuel quality at the retailer, to force a 10-micron diesel filter mandate as well as a costly wetlines retrofit and automatic temperature compensation (ATC) at retail.

A marketer can make corporate contributions by check or credit card to this program and there is no limit on the amount of contribution. All the money is used to support EMA lobbying goals. You can donate online by clicking here or by scanning the QR code on the flyer.

Tickets are $25 each or five for $100. Advanced tickets are available until October 4. Ticket sales will continue at the Energy Marketers of America’s conference in Las Vegas until the drawing on October 7. Tickets can be purchased with personal or corporate funds by MasterCard, VISA, American Express, cash or check (checks should be made out to the Energy Marketers of America Marketer Defense Fund). To purchase tickets before October 5, please email completed MDF Raffle flyer to Sabrina Pitcher.

California Fuels+Convenience Alliance Launches PowerFUEL Women’s Network

The California Fuels + Convenience Alliance (CFCA) is proud to announce the launch of the PowerFUEL Women’s Network (PWN), a groundbreaking initiative designed to empower and connect women in the fuels and convenience sector. Recognizing the importance of fostering strong networks and providing opportunities for professional growth, CFCA has created this platform to support women at all stages of their careers.

Research has consistently shown that women who engage in networking and empowerment activities experience significant benefits, including enhanced career opportunities, increased job satisfaction, and improved leadership skills. Studies reveal that women with strong professional networks are 2½ times more likely to attain executive positions and report a 27% higher likelihood of career advancement. By creating a space where women can share experiences, mentor one another, and collaborate on industry advancements, PowerFUEL aims to break down barriers and promote gender equality within the industry.

The PowerFUEL Women’s Network will offer a variety of programs and events tailored to meet the unique needs of women in the fuels and convenience industry. From leadership workshops and mentorship programs to networking events and industry panels, PowerFUEL is committed to providing resources that help women thrive both personally and professionally. As part of CFCA’s broader mission to drive innovation and excellence in the industry, this new initiative underscores the organization’s dedication to diversity and inclusion. “We believe that empowering women is essential to the continued success and growth of our industry,” said Elizabeth Graham, CEO of CFCA. “The PowerFUEL Women’s Network will not only support individual career development but also foster a more inclusive and dynamic industry environment. We are excited to see the positive impacts this initiative will have on our members and the industry as a whole.”

Weekend Reads

Exclusive: US EPA says it is auditing biofuel producers' used cooking oil supply | Reuters

Canada's crude oil has an increasingly significant role in U.S. refineries | EIA

Powering electric vehicles: Human rights impacts of Indonesia's nickel rush | Business & Human Rights Resource Centre

‘Charger hogs’ are ruining the electric vehicle experience. One company is clamping down on bad manners | CNN Business

Petrochemicals are bringing home the gold | AFPM

Cities aren't ready to handle EV fires, experts say | Axios

Federated Insurance® Launches 2½-Day Risk Management Academy Offerings for 2024
FINAL ONE: All Industries: November 5-7

Federated Insurance® is excited to formally invite business owners to attend one of our complimentary 2½ - Day Risk Management Academy (RMA) offerings that began in January 2024. These industry-specific sessions are held at Federated®’s Home Office in Owatonna, Minnesota, and are led by risk management professionals.

Often, business owners may find themselves so busy in the day-to-day workings of their company that they may have less time to focus on the overall safety of their business. The RMA sessions can help business owners learn how to prevent losses impacting their bottom line by developing risk management best practices, connecting with industry peers facing similar challenges and insurance professionals who are committed to helping owners, and applying what is learned to make a difference at their businesses.

Building a culture of workplace safety starts with business leaders. Learn more and sign up today to attend one of these valuable 2½-Day RMAs to help take risk management to the next level. Need answers to questions or would you prefer to speak with one of our Risk Management Resource Consultants? Call 1-800-533-0472 or please contact your Federated regional representative or EMA’s new National Account Executive Patrick Cunningham at 507.455.8935. Federated is a Partner in EMA’s Board of Directors Council.

At Federated Insurance, It’s Our Business to Protect Yours®

About Federated Insurance

Founded in 1904, Federated Insurance is a national insurance and risk management organization that serves the property, casualty, and life insurance needs of clients in select industries. The organization has 500+ recommendations from state, regional, and national associations and buying groups and is rated A+ (Superior) by industry analyst A.M. Best®.

Chevron Renewable Energy Group Calls for Higher Renewable Volume Obligations (RVO) Levels

Brownfield Ag News published the following interview with Paul Nees, General Manager of Global Supply and Trading with Chevron Renewable Energy Group, on July 5.

A biofuels market specialist says demand has been increasing for biomass-based diesel.

Paul Nees, general manager of global supply and trading with Chevron Renewable Energy Group, says new production capacity has been coming online. “So much so that we’re actually starting to see some compression of margins as the production of the fuels has outpaced the mandates from the Renewable Volume Obligations.”

He tells Brownfield the U.S. EPA’s RVO levels need to be a focus for the industry. “Renewable Volume Obligations already set for 2025. But we’ll start the rule making process for 2026 and forward. The EPA will start collecting information and making some decisions, collecting input from the industry.”

Earlier this year, Chevron REG shut down two of its Midwestern biodiesel plants, citing poor market conditions resulting from weak biodiesel volumes under the federal Renewable Fuel Standard. Nees says higher volume targets in 2026 will be critical to the future of biomass-based diesel production. Click here for the interview.

Learn more about lower carbon fuels and how to move further on your journey to a lower carbon future by reading more at regi.com, or contacting Jason Lawrence today.

For additional information about Chevron, please visit or contact Jason Lawrence. Chevron is an EMA Executive Committee Council Partner.