New RFS Volumetric Blending Mandates Unlikely to be Finalized This Year According to White House

New Renewable Fuel Standard (RFS) volumes for 2026 and beyond could be delayed if an EPA regulatory agenda released by the White House is followed. The U.S. Environmental Protection Agency is required by statute to finalize RFS volumes for 2026 by October 31, 2024. However, the latest unified regulatory agenda released by the White House on July 5, indicates December 2025 as the finalization date for RFS volumetric blending obligations for cellulosic biofuels, biomass-based diesel, advanced biofuels, and total renewable fuel.

According to the agenda, EPA plans to release an RFS proposed rule by March 2025 with a final rule finalized by the end of next year. The unified agenda sets deadlines for all regulatory actions but isn't necessarily determinative of the direction an agency will ultimately take. Under the new “set rule” finalized in June 2024, the agency set RFS volumes through 2025.

The rule will also include "several regulatory changes to the RFS program intended to improve the program's implementation," the agenda said. The Biden Administration has considered changes to the RFS before, including a potential credit-generating pathway for electricity from renewable natural gas that powers vehicles. If the EPA sticks to the agenda as written, the next RFS volumes could be set by a new Administration. The unified agenda also indicates there is no legal deadline to set the next RFS volumes.

Biofuel producers are expected to hold EPA’s feet to the fire by pressuring the agency to move forward more quickly, as it did when it won a court-ordered consent decree setting a deadline for the 2023-2025 renewable volume obligations.

Inside the Beltway Update

Even though this week was smack between July 4 recess and the Republican Convention, Members of Congress made time to visit their offices this week, and members did not waste a lot of time getting to work on a slate of mostly messaging bills. One of significance was House Republicans on Ways and Means passing a Congressional Review Act resolution to repeal the Biden Administration’s EV tax credit which, of course, has virtually no chance of passing the Senate or being signed into law by President Biden, but it still served as an opportunity for Rep. Carol Miller (R-WV), who led the charge, to voice her displeasure with the manner in which the rule allows automakers to source materials from China. The resolution passed on party lines, and may pass the House, but that will be the end of the line at this time. House Republicans passed several other messaging bills this week, including the Stop Unaffordable Dishwasher Standards Act and the Refrigerator Freedom Act.

However, the week was not entirely lost to politics, as House and Senate Appropriators both took additional steps forward in the FY 2025 funding process, with the Senate Appropriations Committee approving its first 3 bills, and the House Appropriations Committee completing committee passage of its entire slate of legislation. And while the House is moving much more swiftly and is expected to finish consideration of the full dozen bills this month, we do not expect any funding conversations to be completed until after the election, and at that point, the timeline will very much depend on the outcome of the races in November.

Obviously, the biggest story in Washington is from the campaign trail, where Democrats are waiting to see if President Biden will remain on the ticket. He has said he’s running, but we expect fundraising (or lack thereof) to serve as the invisible hand here. On the other side, Republicans are awaiting the announcement of the Vice Presidential Nominee. Needless to say, there will be no shortage of drama and action over the coming few weeks.

Reminder: USDA Accepting New Applications for the Higher Blends Infrastructure Incentive Program (HBIIP) through September 30^th

The USDA began accepting new applications in grants through the Higher Blends Infrastructure Incentive Program (HBIIP). These grants support the infrastructure needed to lower out-of-pocket costs for energy marketers to install and upgrade biofuel-related infrastructure such as pumps, dispensers and storage tanks. The HBIIP funds are available for both retail and wholesale fueling/storage facilities. The application window to distribute the $90 million in HBIIP grants began July 1, 2024, and ends September 30, 2024.

Main Street Privacy Coalition (MSPC) Urges Senate Committee to Oppose the American Privacy Rights Act of 2024 (APRA)

This week, the Main Street Privacy Coalition (MSPC) sent a letter to the Senate Commerce Committee in advance of its hearing on “The Need to Protect Americans’ Privacy and the AI Accelerant” regarding its concerns with the inclusion of a private right of action that will expose Main Street businesses to thousands of demand letters threatening frivolous litigation currently included in the American Privacy Rights Act of 2024 (APRA). 

In its current form, the APRA would allow persons or classes of persons to bring a civil action in federal court seeking actual damages, injunctive and declaratory relief, and reasonable attorney’s fees and litigation costs. A federal data privacy law enforced by such a robust PRA that targets consumer-facing businesses will only result in lawful Main Street businesses being forced to fight never-ending lawsuits pursued on baseless allegations instead of truly protecting consumers and their personal data from bad actors. Additionally, the need to reallocate resources to pay settlements or fight lawsuits without merit will cost Americans jobs. Click here to read the letter.

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.

An invitation was sent to your inbox on July 1. 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 it’s time to start planning.

Using this code provides EMA with $100 for every retailer or jobber paid registration at any rate. EMA encourages EMA state executives 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 will be sent directly to them in the near future 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.

Weekend Reads

The Impact Of Hurricanes On Oil Prices | Forbes

Energy, other critical infrastructure providers press for limits on cyber incident reporting rules | Utility Dive

Alabama Sues to Stop California’s Climate-Change Power Grab | Wall Street Journal

June 2024 Energy Marketers of America Small Business Committee (SBC) PAC Contributions

PAC Co-Chairs Mike Downs and Tim Keigher are grateful for the EMA Small Business Committee (SBC) PAC contributions from the following individuals during June 1-30, 2024 time frame:

Connecticut: Chris Herb
Montana: Leslie Earl Allen Jr., Liam Breen, Scott Curry, Scott Effinger, Brett Kavlie, David Morice, Adam Norcutt, Shawna Poole, Jason Rorabaugh, Scott Ross, Roger Schmechel, Kary Tonjum, J. Calvin Wilson, Scott White
New Mexico: Benny Hodges
South Carolina: Philip Buck, Roland Drake, Marty Postell
Virginia: Al Alfano
Washington: Steven Clark, Matthew Jubitz, Brian Whitley

Federated Insurance® Launches 2½-Day Risk Management Academy Offerings for 2024 
Petroleum: August 20-22
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 beginning in January 2025. 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 Federatedregional 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
Supporting Your Lower Carbon Journey at All Stages

Companies are at different stages in their lower carbon journeys. To help your organization find meaningful ways to make an impact, Chevron Renewable Energy Group has created a guide that outlines tips to help you work toward your lower carbon targets. In the April and May issues we reviewed Stage 1 – Getting Started and Stage 2 – Building upon Your Low Carbon Journey. This month, we look at Stage 3 – More Advanced Strategies. You can read the entire lower carbon journey guide here.

In stage 3, your company is already leading the way on its journey to lower carbon emissions. Your organization may have reduced waste, upgraded facilities, modernized equipment, or may have hired and grew sustainability staff and capabilities. As part of your efforts, you are actively tracking emission reductions and have set goals to reach a net zero target. At this point, you may be looking to add more aggressive strategies to meet your benchmarks.

As your company continues to look for ways to accelerate your lower carbon journey, we’ve provided some additional steps you may consider taking.

• Explore additional lower carbon solutions, such as biodiesel and/or renewable diesel.
• Incorporate higher blends of biodiesel.
• Enhance your transport operations with B100 with Optimus Technologies.
• Explore other lower carbon fuel solutions, including renewable natural gas, compressed natural gas, and hydrogen.
• Understand Scope 1, 2 and 3 emissions and how to measure them.
• Encourage supply chain partners to lower their carbon emissions.

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. Chevron is an EMA Executive Committee Council Partner.

EMA Journal Summer Issue Online Now – NACS Show Preview

EMA Summer Journal is the current issue online. You can take the digital edition with you wherever you go. Scroll to select the articles that catch your eye, then share the content with the icons at the top of your screen. Archived covers are handy on the left side of your browser or use our convenient search feature to find a specific topic. If you prefer to read with pages that flip, select "page view" from the menu bar for a classic page-turner.

In 2023, the Journal adjusted to three issues per year, making it even easier and more affordable for our members and industry supporters to find and connect with each other. For information on marketing to our members, please call 844.423.7272 or email them at advertise@innovativepublishing.com.

Ads for EMA Fall Journal / Annual Directory are due by August 16, 2024 to be delivered in late October 2024. This issue features EMA’s Annual Directory and is retained as a reference guide year-round by our members so please bookmark it.