Energy Marketers of America Weekly Review - February 28, 2025
Energy Marketers of America Weekly Review - February 28, 2025
Congress remains laser focused on a reconciliation bill to advance Republican priorities, extend the 2017 Trump tax cuts, and repeal targeted Inflation Reduction Act (IRA) programs. Meanwhile, government funding is set to expire on March 14, 2025. However, Thursday night, President Trump took to Truth Social to express his support for a Continuing Resolution that would extend current Fiscal Year 2025 government funding levels through the end of September 2025. In his post, President Trump criticized “Sleepy Joe Biden” for the chaos surrounding the current state of government funding.
Late Wednesday night, the House narrowly adopted its budget resolution (required to unlock the reconciliation process) after Speaker Johnson (R-LA) eroded hardliner opposition by emphasizing the vote as the first procedural step to deliver on Republican priorities rather than a final product. The House vote tees up tough negotiations with the Senate on a path forward. The Senate is unlikely to accept the House’s approach, focusing instead on making the 2017 tax cuts permanent, meaning a compromise will require negotiations between chambers. Senate consideration of the House resolution may prompt a second “vote-a-rama” where Democrats can offer unlimited amendments to the resolution to slow consideration. A modified resolution out of the Senate will also require additional House votes - further complicating Speaker Johnson’s ability to whip the necessary Republican votes in the House.
Reconciliation is an arduous process and passage of the House resolution is a positive sign for moving forward. However, the House and Senate dynamic over the past 10 days indicates that congressional leaders remain far apart on key tax and spending priorities, raising doubts about whether Congress can meet its mid-April target for final passage. It’s possible that consideration could move to mid-May and make for an active week during EMA’s Day on the Hill!
Republicans in Congress continue to pursue legislation to pull back on many IRA incentives - notably those related to Electric Vehicles (EVs). Similar to the Senate bill introduced earlier this month, the House Transportation Committee is drafting a plan to impose a $150 annual fee on electric vehicles, with the funds going to the Highway Trust Fund to help address a projected $280 billion deficit by 2034. The fee is intended to match what the average gas-powered vehicle owner pays in gas taxes, and it would be implemented through the states, with federal support to help set up the system. While many states already charge EV fees, a coalition of industry groups is urging Congress to pass a national EV fee to ensure all drivers contribute to infrastructure funding, though they acknowledge it would only partially address the Trust Fund’s financial issues.
When Congress passed the IRA in 2022, it added seven new sections to the Clean Air Act (CAA). President Biden and the Democrats on the Hill intended the new statutory language to enhance the durability of the Obama administration’s endangerment finding by including language that expressly deemed greenhouse gas emissions (GHGs)—including carbon dioxide, methane and hydrofluorocarbons—to be pollutants for purposes of the amended sections of the CAA, which included the additional program for clean heavy-duty vehicles. For background, in 2007, the U.S. Supreme Court ruled that GHGs are "air pollutants" under the CAA, which required EPA to determine whether they pose a danger for regulatory purposes. In 2009, the agency published an Endangerment Finding, concluding that various GHGs threaten public health and contribute to climate change. This determination serves as the foundational authority for GHG emissions regulation for both mobile sources (e.g., vehicles) and stationary sources (e.g., power plants).
These statutory determinations of GHGs as pollutants likely will complicate EPA’s determination by revisiting the endangerment finding. Congress would need to consider repealing the IRA provisions as part of the budget reconciliation process.
Drug and Alcohol Clearinghouse Requirements
Pursuant to 49 C.F.R. § 382.701, FMCSA mandates that all employers follow specific requirements for using the Drug and Alcohol Clearinghouse. The Clearinghouse is a secure, online, searchable electronic database containing all drug and alcohol violations from CDL drivers. The Clearinghouse provides employers, CDL drivers, medical review officers (MRO), substance abuse professionals (SAP), state drive licensing agencies (SDLA), and enforcement authorities real-time information about CDL drivers’ drug and alcohol program violations. The Clearinghouse contains various records, including positive drug or alcohol test results, test refusals, completion of return-to-duty (RTD) processes, and follow-up testing plans. CDL driver, employer, MROs, SAPs, and SDLAs must all register to use the database.
Energy marketers as employers are required to perform annual queries for current employees and pre-employment queries for new employees. Note that the Clearinghouse mandate does not change any existing substantive regulation related to drug and alcohol testing beyond the use of the online database for queries.
For more information, please contact EMA Regulatory Counsel: Jeff Leiter and Jorge Roman.
EPA Allows Midwestern States to “Opt-Out” of E10 Fuel Volatility Waiver
On Monday EPA announced it will maintain the Biden Administration’s decision to permit several Midwestern states to remove the one-pound per square inch (psi) Reid vapor pressure (RVP) volatility waiver for E10 blends in their states. This puts E15 on equal footing with E10 blends, creating an artificial boutique fuels market in those and in nearby jurisdictions during the summertime.
The implementation of the E10 volatility “opt-out” is set for April 28, 2025, after the agency initially delayed the effective date of the rule due to concerns over insufficient supply of gasoline. However, EPA is offering states the option to delay implementation for one year if they need more time to comply. Ohio has already requested this delay, and other states must submit their requests in writing by Wednesday.
At the federal level, EMA will meet with EPA in the coming days to continue elevating the voice of marketers in the development of long-term biofuels policy. EMA will also seek legislative action on this issue.
“Not the response we were looking for, but EMA will continue to express marketers’ serious concerns regarding the effects of allowing the establishment of boutique fuels markets without adequate infrastructure and preparation, as well as the need for legislative action,” said EMA President Rob Underwood.
For any questions, contact EMA President Rob Underwood or EMA Regulatory Counsel Jeff Leiter or Jorge Roman.
EMA Urges Congress to Support the House Budget Resolution and Make 199A Tax Deduction Permanent
This week in advance of the House vote on the budget resolution, EMA joined over 100 other business groups in support of making the 20-percent pass through business tax deduction (Section 199A) permanent. The letter was sent to Speaker Johnson and Minority Leader Jeffries.
The bottom line: Congress needs to act before the end of this year to prevent a massive tax hike on Main Street businesses by making Section 199A permanent.
FinCEN Will Not Enforce CTA BOI Filings March Deadline
While the nationwide injunction prohibiting the enforcement of the Corporate Transparency Act (CTA) has been lifted, FinCEN announced that the agency “will not issue any fines or penalties or take any other enforcement actions” against companies for failing to comply with the March deadline. The discretionary policy of non-enforcement will last until a forthcoming interim final rule becomes effective, outlining the new relevant due dates for BOI filings. See FinCEN Announcement here.
This development comes after FinCEN extended the reporting deadline to March 21, 2025 , citing Treasury’s concerns over regulatory burdens on businesses. See the notice here: FinCEN Notice, FIN-2025-CTA1, 2/18/2025. The agency now plans to publish an interim rule by that date to provide compliance clarity. While the rule will take effect soon after publication, the new reporting deadlines remain uncertain. Additionally, FinCEN will also start a public comment period to solicit input on potential revisions to existing BOI reporting requirements. FinCEN intends to launch a more comprehensive rulemaking process to balance national security concerns with regulatory burden reduction, acknowledging that the current regime has failed to strike the right balance.
Meanwhile, Congress is considering legislation to delay the reporting deadlines by a year. The House recently unanimously passed legislation, H.R. 736, which would postpone the CTA reporting requirements until January 1, 2026. In the Senate, a group of Republicans led by Senator Tim Scott (R-SC), introduced a companion bill (S. 505).
EMA is actively monitoring developments inside the Beltway and at the agencies to ensure that small businesses, including energy marketers, benefit from burden reduction mechanisms. EMA will keep you updated on any official actions.
Wolters Kluwer Has a New BOI Promotional Toolkit –– EMA partnered with Wolters Kluwer last year to prepare marketers to file through BizFilings’ BOI reporting tool which reduces filing times and errors through a streamlined, secure and automated workflow. BizFilings offers EMA member companies a 12 percent discount on BOI report filings. The discount can be accessed via a dedicated EMA-member landing page below. Wolters Kluwer has created a new BOI Promotional Toolkit to ensure marketers can comply with the CTA by the new deadlines. The benefit of this kit is to help educate your small business customers/members on the reinstated CTA BOI filing requirements and encourage filings using the BizFilings’ BOI platform. You can download the kit components from the .zip file in the following link: WK BOI 2025 BOI Promotional Kit for Partnersb.zip (be sure to click “Download File” when prompted).
| Click Here to Visit the EMA-Exclusive Landing Page to File your BOI Reports with our Special Discount Now |
Biofuel Groups Urge EPA to Set 2026 Renewable Fuel Standards | Transport Topics
BP's Strategy Reset: 5 Things to Watch | Rigzone
Detroit Automakers Delay EVs, Shift Focus Back to Gasoline and Hybrids | Autobody News
Exclusive: BP to ditch renewables goals and return focus to fossil fuels | Reuters
How Trump gutted climate policy in 30 days | msn
Multi-car pileup as electric vehicles collide with reality | The Washington Post
Trump Wants Canada’s Keystone XL Oil Pipeline Built ‘Now’ | yahoo!news
Who gets stuck with the bill for tariffs on imported Canadian oil? | Fox Business
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Member Services Benefit with RINAlliance
Are You Taking Advantage of the Renewable Fuel Standard?
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Schedule your consultation today to learn more by visiting www.rinalliance.com/contact. Be sure to tell them you heard about RINAlliance through EMA or one of its Federation members.
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