Energy Marketers of America Weekly Review - February 14, 2025
Energy Marketers of America Weekly Review - February 14, 2025
EMA Secures Another Extension of the HOS Regulatory Relief for Heating Oil and Motor Fuels
Yesterday, FMCSA issued another extension to its Regional Emergency Declaration, which was initially issued on January 10 and first extended on January 27. This extension covers motor fuels and heating oil in the following states: Connecticut, Delaware, Florida, Kansas, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, Vermont, and Wisconsin.
As a result, EMA marketers will continue to have much-needed HOS relief for fuel transportation in these jurisdictions. The extension is effective immediately and will remain in effect until the end of the emergency or February 28, whichever comes first.
“EMA continues to make the case that regulatory relief is critical in safely addressing strained logistics caused by low temperatures, increased demand, and icy highways. FMCSA has attentively listened to our marketers’ concerns,” said Vice President Sherri Stone.
Important: The FMCSA waiver covers the interstate shipment of heating fuels, gasoline, and diesel fuel in and out of the jurisdictions listed in the waiver declaration. The relief does not cover intrastate transportation. Since interstate transportation is defined based on the intent of the delivery of the commodity––not the movement of the vehicle––there may be instances where transportation is considered interstate even if the vehicle never leaves the state (e.g., from a port to a location within the same state).
Click here to review and download FMCSA’s new extension. For any questions, contact EMA Vice President Sherri Stone or EMA Regulatory Counsel Jeff Leiter or Jorge Roman.
On Wednesday, the Energy Marketers of America (EMA) sent a letter to the Trump administration, urging the EPA to delay until at least April 2026 the implementation of the decision that granted the petition of eight Midwestern state governors (Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio, South Dakota, and Wisconsin) to remove the one pound per square inch (psi) Reid vapor pressure (RVP) volatility waiver for E10 blends in their states. The Biden administration decision permits the summertime sale of E15 in the eight states, which was authorized under a provision in the Clean Air Act (CAA). The CAA allows governors to request an exclusion from the 1 psi waiver for E10 if they substantiate that the higher RVP limit will increase air emissions in that state. EMA is concerned that the 1 psi exclusion waiver will create a boutique fuel market exclusive to the petitioning states, thus limiting gasoline supply to the entire Midwest region and other regions of the country.
The ability to adapt to the 9.0 psi standard depends on refiners’ willingness to invest in infrastructure necessary to produce low-RVP E10 for the eight-state region. Site specific limitations, such as space to add extra storage capacity, and the variety of crude oil types processed will also determine whether a refinery can switch to low-RVP E10 production. The EPA acknowledged these serious concerns in its final rule, recognizing that removing the 1-psi RVP waiver for E10 gasoline would lead to an “insufficient supply of gasoline” in Midwestern states in 2024. The EPA also recognized the critical role energy marketers play in the motor fuels supply chain. The underlying market dynamics have not changed and thus warrant another extension to mitigate the risk of gasoline supply inadequacy through 2026.
“EMA does not oppose legislation to exempt E15 gasoline from the RVP volatility requirements that effectively block sales during the summertime driving season. EMA believes that an extension of the opt-out deadline into 2026 provides the necessary time for Congress, industry, and the Trump administration to develop an effective biofuels policy that balances environmental, energy, cost, and infrastructure realities. In doing so, the Trump administration can support small business energy marketers’ competitiveness by providing additional funding for the Department of Agriculture’s Higher Blend Infrastructure Incentive Program (HBIIP), which will allow small business energy marketers to legally and safely sell E10 gasoline and B20 plus biodiesel blends,” the letter states.
Click here to read the letter.
For more information, please contact EMA President Rob Underwood or EMA Regulatory Counsel: Jeff Leiter and Jorge Roman.
Yesterday, Midwest lawmakers reintroduced legislation to extend the year-round sale of E15 known as the “Nationwide Consumer and Fuel Retailer Choice Act of 2025.” The push follows Trump’s Day 1 executive order that called on EPA to consider issuing emergency fuel waivers to allow the year-round sale of E15. Senators Deb Fischer (R-NE) and Tammy Duckworth (D-IL) as well as Representatives Adrian Smith (R-NE) and Angie Craig (D-MN) are leading the charge to get the bill over the finish line.
Meanwhile, House and Senate Republicans have left the starting gate in their race to pass reconciliation legislation that includes policy priorities on tax, energy, national security, and immigration, but so far are running in opposite directions. The Senate Budget Committee advanced a resolution to fast-track border security and military funding, offset in part by expanded U.S. energy development. However, the measure faces opposition in the House, where Speaker Mike Johnson (R-LA) and Budget Chair Jodey Arrington (R-TX) back a one-bill approach.
On Thursday, the House Budget Committee advanced its own resolution, combining border and defense funding with $4.5 trillion in tax cuts and deep spending reductions. Even so, the reconciliation path will take more twists and turns (and time) before reaching the President’s desk.
Looming over any major congressional action is the March 14 deadline to avert a federal government shutdown. Further delay in reaching an agreement between Republicans and Democrats on appropriations topline spending amounts may soon prompt House and Senate leadership to pursue a further continuing resolution (CR) to fund the government past mid-March.
Even so, Congressional Republicans are ramping up efforts to roll back Biden Administration policies while advancing initiatives aligned with former President Trump’s agenda. Two bills introduced in the Senate this week signal renewed Congressional efforts to prioritize domestic energy production, including oil and gas.
Senate Majority Leader John Thune (R-SD) and Senate Majority Whip John Barrasso (R-WY) were joined by 14 Senate Republican colleagues to reintroduce the “Eliminate Lavish Incentives To Electric Vehicles Act” or the “ELITE Vehicles Act”. If enacted, the bill would eliminate, within 30 days, Inflation Reduction Act (IRA) handouts including the $7,500 tax credit available for new EV purchases, the $4,000 credit for used EVs, and incentives for EV charging infrastructure. Further targeting EVs beyond the push to repeal EV tax credits, Senators Deb Fischer (R-NE), Pete Ricketts (R-NE), and Cynthia Lummis (R-WY) introduced legislation that would impose a one-time $1,000 fee charged at the time of an EV purchase, a fee that bill sponsors estimate is equal to the tax gas-powered vehicle owners pay into the Highway Trust Fund over 10 years.
Market trends are following these political developments. J.D. Power’s January 2025 E-Vision Intelligence Report projected that EV retail market share will stabilize at 9.1% for the year, signaling a potential slowdown in adoption. The Report calls 2025 a "reset year," where automakers and policymakers reassess the future of EVs in light of changing federal policies, consumer hesitancy, affordability concerns, and ongoing infrastructure challenges.
Meanwhile, the Senate continued its swift confirmation of key Trump Administration officials. This week’s confirmations include: Robert F. Kennedy, Jr. as Secretary of Health and Human Services, Brooke Rollins as Secretary of Agriculture, and Tulsi Gabbard as Director of National Intelligence. Additionally, the Senate advanced the nominations of Howard Lutnick for Secretary of Commerce and Kelly Loeffler to lead the Small Business Administration, setting up final confirmation votes in the coming days.
EMA’s Washington Conference and Day on the Hill 2025 Hotel Reservations and Registration Open!
EMA’s annual Washington Conference and Day on the Hill will be held in Washington, DC from May 14-16 at The Mayflower Hotel. Our industry continues to have many important legislative and regulatory issues to discuss and the Day on the Hill remains the primary focus of this conference.
The meeting will begin with an Opening Session / Issues Briefing / New Attendee Orientation and Region meetings in the afternoon of May 14. Our welcome reception, exclusively sponsored by EMA’s Board of Directors Council Partner Federated Insurance, will include EMA’s popular PAC “live” silent auction fundraiser (bidding and virtual viewing through download of the C2Auction App on your mobile phone), which concludes the day!
On the morning of May 15, marketers will head to Capitol Hill with their Congressional delegations, after a buffet breakfast and issues briefing for those who were not able to attend the opening session. There will be a luncheon exclusively sponsored by EMA’s Board of Directors Council Partner Altria Group Distribution Company at their Corporate Offices on the Hill. On the evening of May 15, we will feature our 2025 EMA Chair Jim Lipscomb along with honoring our other Past Chairs in attendance. Our conference will conclude after the EMA Board of Directors meet on May 16 following a buffet breakfast and committee meetings.
EMA’s Washington DC Conference and Day on the Hill is also sponsored by EMA’s Board of Directors Council Corporate sponsors including Altria, Marathon, Reynolds, Phillip Morris International as well as Executive Committee Council Corporate sponsors Valero, StoneX, Shell, Chevron, CITGO, ExxonMobil, HF Sinclair, BP, and AGI.
| Click here to Register and Book your Hotel Room for EMA’s DC Conference and Day on the Hill |
Please make your room reservations now to attend this important and productive forum to meet with your members of Congress and network with other marketers from across the country! See you in DC this May!
Annual Tier II Reports Compliance Deadline
Pursuant to Section 312 of the Emergency Preparedness and Community Right-to-Know Act (EPCRA), Tier II chemical inventory reports for calendar year 2024 must be filed with the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire department by March 1, 2025.
For more information, please contact EMA Regulatory Counsel: Jeff Leiter and Jorge Roman.
EPA and DOE Announce Agendas for Unleashing American Energy
Federal agencies continue to ramp up efforts to implement President Trump’s second-term agenda. Now, with confirmed political appointees, the Department of Energy (DOE) and the Environmental Protection (EPA) have announced their programmatic priorities in line with the Executive Order “Unleashing American Energy.”
On February 4, 2025, EPA Administrator Lee Zeldin announced the "Powering the Great American Comeback Initiative," outlining five pillars to guide the agency’s actions over the next four years. Among these pillars, lowering energy costs for Americans –– both at the pump and at home –– is a top priority. Additionally, the agency will support the automotive industry through regulatory relief, including eliminating the electric vehicle mandate to promote true consumer choice and removing barriers to motor vehicle access. Finally, the EPA will seek to streamline permitting processes that affect petroleum infrastructure.
Similarly, on February 5, 2025, DOE Secretary Chris Wright directed the agency to act swiftly to unleash American Energy. Relevant to marketers, DOE will shift the focus of federal policy from carbon reduction to energy and national security. While the agency does not directly regulate vehicle emissions or set fuel economy standards, it plays a supporting role in these programs, and this policy shift may influence decision-making in those areas. Additionally, DOE will review existing appliance standards to promote consumer choice and affordability in home appliances and products. Like EPA, DOE will also seek to expedite approvals for energy infrastructure projects.
How Trump might topple California’s clean truck experiment | POLITICO
Oil prices climb to 2-week high on supply worries, US tariffs check gains | yahoo!finance
OPEC takes long-term view of global oil markets, aims for stability | Reuters
Former TFCA Executive Director Passed Away
With deep sorrow, we share the news that former Tennessee Fuel & Convenience Store Association (TFCA) Executive Director Marylee Booth passed away Wednesday. Click here for the obituary.
Marylee was an incredible leader in the “Tennessee Oil Marketer’s Association” and nationally in the “Petroleum Marketers Association of America.” One of Marylee’s first legislative successes was passing the “fee” and the underlying legislation to create the Petroleum Underground Storage Tank fund and program. It was an incredibly hard bill to work on and passed by one vote. But this effort by Marylee & the association leadership was groundbreaking in support of the industry and the environment. This is just one of the many instances in which Marylee worked to support TFCA members and help improve and advance the industry.
Marylee believed strongly in associations and how those organizations can motivate and provide learning opportunities for members. Under her leadership and guidance, TFCA members united to work for the betterment of the industry as a whole.
She was inspirational to work with and an example of how to provide leadership.
Alabama Leads the Nation in EMA PAC Contributions
Alabama has already contributed $11,215, or 165 percent of their 2025 EMA Small Business Committee (SBC PAC) goal of $6,778! SBC PAC chairs Mike Downs and Tim Keigher would like to acknowledge Bart Fletcher, Jonathan Tang and Petroleum & Convenience Marketers of Alabama (P&CMA) for investing in EMA PAC fundraising to ensure that EMA has the resources to advance and protect our industry’s legislative and regulatory agenda in Washington, D.C.
January 2025 Contributors to EMA MDF
Energy Marketers of America’s Marketer Defense Fund committee wants to thank the following individuals for their Marketer Defense Fund (MDF) contributions during the January 1-31 timeframe:
California:
Mike Downs, Downs Energy
Mississippi:
Jim Lipscomb, Lipscomb Oil Company, Inc.
New York:
Brandon Smith, Scott Smith & Son, Inc.
North Dakota:
Matt Bjornson, Bjornson Oil Company, Inc.
Oklahoma:
Oklahoma Petroleum Marketers & Convenience Store Association (OPMCA)
West Virginia:
Greg Rogers, R. T. Rogers Oil Co., Inc.
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.
Please Support the EMA SBC PAC Silent Auction and EMA MDF Fall Auction!
If you have items that you would like to contribute to the EMA SBC PAC Silent Auction or the MDF Fall Auction, please click here or contact Sherri Stone or Sabrina Pitcher at 703-351-8000.
Tired of Delayed IRS Tax Refunds?
EMA Member Service Benefit with IRS-Approved E-File Company ThinkTrade to Help Streamline IRS Tax Refunds
Last year, the Energy Marketers of America (EMA) announced an exclusive member service agreement with ThinkTrade, an IRS authorized e-filing service provider and a BBB accredited company with A+ rating, enabling safe and secured filing for taxpayers. ThinkTrade will grant EMA member companies a 15 percent discount off ThinkTrade’s e-filing services through a dedicated landing page to prepare, file and pay federal excise tax returns on IRS Forms 720, 8849 and 2290.
With over two decades of experience serving customers, ThinkTrade has a proven track record of delivering savings and support to trucking companies of all types and sizes when filing federal excise taxes. Energy marketers will also have access to ThinkTrade’s dedicated 24/7/365 support team, which provides one point of contact for all e-filing service needs.
| CLICK HERE FOR MORE INFORMATION ON ThinkTrade and EMA’s LANDING PAGE TO FILE TAXES |