U.S. DOT PHMSA Proposes Increase in Annual HAZMAT Registration Fee

The U.S. DOT Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a proposed rulemaking recently that would increase the hazardous material registration fee that energy marketers operating cargo tank vehicles must pay each year.

Currently, the annual registration fee is set at $275 for small businesses and $2,575 for large businesses. Under existing regulations, most energy marketers qualify as small businesses and pay the $275 fee. Under the proposed rule, fees for small businesses and not-for-profit organizations would increase to $375 annually. Fees for large businesses would increase $2,575 to $3,000 per year, the maximum allowed by current federal statutes. HAZMAT registration fees were last raised in 2006. The fees collected from HAZMAT registration program are distributed as Hazardous Material Emergency Preparedness grants to state emergency response authorities, primarily fire departments.

The 2021 Bipartisan Infrastructure Law increased the statutory amount PHMSA is allowed to collect through the registration program by $18.5 million to $46,825,000 annually. However, the agency only collected $24.6 million under the program during the 2022-2023 registration period. “To achieve full funding of the grants program at the increased amount, PHMSA will need to adjust the fees for the national hazardous materials transportation registration and fee program,” the agency said.

In addition to the planned rate hikes, PHMSA also proposed implementing an electronic-only registration fee payment – eliminating check-by-mail options for carriers completing the registration process. Additionally, PHMSA has proposed revisions to the statutory requirements to “clarify that both an electronic and paper form for the Certificate of Registration is acceptable provided the Certificate of Registration can be made available upon request to authorized personnel or DOT enforcement personnel.”

EMA will formulate a position on the proposed rule after consultation with EMA’s Motor and Heating Fuels Committees.

Reduce Your Business’s Card Processing Fees by Signing up with Worldpay!

Worldpay offers EMA members the lowest possible transaction cost in the industry. Participants in this program enjoy reduced fees as a result of processing efficiencies. With no hidden fees, percentage rates or complicated statements, the program offers EMA members a flat $0.029 cent transaction fee after interchange on all card payments.

To learn how Worldpay can serve your payment card processing needs or to set up your account, please call our EMA Account Sales Representative, Erick Wilde or 813-600-0447.

NACS Show Early Bird Pricing Ends TODAY – June 7

The NACS Show is returning to Las Vegas this October, and it’s time to start planning.

Register now to save $300 with early bird pricing. The deadline for early bird pricing is rapidly

approaching—you have until TODAY, June 7 at 11:59 p.m. EDT to save $300.

If you have already registered, please provide your full name, company, state and date you registered to Susan Isard so we can work with NACS to get you re-coded.

Using this code provides EMA with $100 for every retailer or jobber paid registration. And to assist with early registrations, this special code will extend the Early Bird rate until June 7, 2024, for anyone who uses the code as well as providing the $100 for anyone registering at any rate after the Early Bird rate expires. 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 will be sent directly to them in the near future. Additionally, the NACS Show registration is separate from EMA’s Fall Meeting registration.

Questions registering? 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.

Washington Update

Fresh back from Memorial Day recess, Washington is abuzz as members – at least in the House – work through this years’ appropriations and National Defense Authorization Act (NDAA) reauthorization processes, hoping to complete work before August Recess. But tale as old as time, the Senate is on its own schedule, and is unlikely to make any major strides until sometime later in the year. With both chambers on vastly different timelines, we do not expect either bill to become law until after the election.

And while Washington works slowly through its annual must-pass legislation before members hit the campaign trail, there is action taking place at the state levels, including in the Illinois State Legislature, which passed a budget that included legislation called the Interchange Fee Protection Act. This bill would prohibit swipe fees on sales taxes and gratuities, and Senate Majority Whip Dick Durbin (D-IL) said he was glad the Illinois state legislature passed this first-of-its-kind law and stated “the federal government should take a page out of Illinois’ book. My bipartisan Credit Card Competition Act would benefit consumers and prevent the Visa-Mastercard duopoly from employing its unfair price-gouging tactics that disproportionally hurt American families and small businesses. We must keep fighting for consumers and small business owners across America who are asking for economic fairness.”

FDA Rescinds JUUL Marketing Denial Orders

The FDA announced it is rescinding the Marketing Denial Orders (MDO) that were issued in June 2022 for JUUL device and JUUL pods: Virginia tobacco flavored pods at nicotine concentrations of 5.0% and 3.0% and menthol flavored pods at nicotine concentrations of 5.0% and 3.0%. As a result, these products’ PMTA application status is now pending, and they remain available on the U.S. market during this review (note: this is not an authorization or a denial and does not indicate whether the applications are likely to be authorized or denied). Click here for the announcement.

May 2024 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 May 1-31, 2024 time frame:

Arkansas: Aaron Littlefield
California: Nathan Crum
Georgia: Rob Underwood
Idaho: Brett Adams, Nate Brazier, Clint Burke, Dennis Campo, Ed Croymans, Brad Holland, Ben Roberts, Jake Searle, Kristal Searle
Indiana: Cathy Melton
Iowa: Pete Bartelt, Don Burd, Doug Ecklund, Dallas Fischer, Glenn Hasken, Sara Johnson, Frank King, Donovan Olson, David Rahn, Erik Sommer, Joel Wolter
Minnesota: Katie Boettger, Don Burd, Jay Cattoor, Rick Dehn, Matthew Gappa, Deb Gappa, Tim Gross, Glenn Hasken, Sara Johnson, Vern Kelley, Robert Knutson, Clay Lambert, Anne Leikam, Dave Leikam, Susan McCaskey, Donovan Olson, Tera Petersen, David Rahn, Paul Starke, David Troutwine, Brad Vining, Tracy Vining
Mississippi: Philip Chamblee, Jim Lipscomb, Parker Lipscomb
Nebraska: Tim Keigher, Mark Whitehead
NECSEMA: Peter Brennan, Tom Frawley
New Jersey: Norman Wooley
New York: Brandon Smith
North Dakota: Mike Rud
Oklahoma: Scott Minton
Oregon: Matthew Jubitz, Gabriel Zirkle
South Carolina: Michael Fields, Matthew Greene, Jason Terry
Tennessee: Charles Edwards, Tommy Hunt, Emily LeRoy
Utah: Blain Boelter, Roy Hall
Virginia: Lewis Wall
Washington: Brad Bell, Travis Coulter

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 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®.

EMA MDF Contributors for May 2024

Energy Marketers of America’s Marketer Defense Fund wants to thank the following individuals for their Marketer Defense Fund (MDF) contributions during the May 1- 31, 2023 time frame:

Arkansas: Aaron Littlefield
Connecticut: Mike Devine
Florida: Max Alvarez
Georgia: Andy Jones
Mississippi: Parker Lipscomb
NECSEMA: Stephen Garrett
Nebraska: Mark Whitehead
Nevada: Peter Krueger
New Mexico: Benny Hodges
North Dakota: Tracy Good, Mike Rud
Tennessee: Hershel Basham
Washington: Travis Coulter
Wisconsin: Joseph Zietlow

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.

Weekend Reads

Manchin to keep Energy gavel after dumping Democratic Party | Governors’ Wind and Energy Coalition

Many Americans are still shying away from EVs despite Biden’s push, an AP-NORC/EPIC poll finds | AP News

Virginia Passed a Law Adopting California’s EV Standards. Now It Wants Out.

Fossil Fuel Lawsuits Are A Tax On Consumers | Forbes

US buys 3 million barrels of oil for strategic reserve | Reuters

EV Charging Utilization Data: The Key to Your Electric Vehicle Charging Rollout

Understanding how your EV charger will be used once installed is a pillar of your electrification plan and rollout. AGI uses multiple tools to analyze EV infrastructure & identify prime EV charging site locations. Our tools will model and predict utilization data for 10 years + via robust databases and AI, with variables in addition to historical data, such as EV ownership demographics, proximity to corridors and competition from other chargers. AGI uses this data daily to help our customers choose optimal charging sites, and as outputs are malleable and consistently updated and we have seen a very small margin of error.

A 15 to 20 percent utilization rate is often used as the baseline, and a rate above this may warrant network expansion. If customers are steadily increasing, you may need to install more electric vehicle charging infrastructure to cut queue time and maintain steady utilization rates. You can also maximize your EV charger utilization rate by using the right software, maintaining your equipment, and getting your charger listed on the apps that EV drivers use regularly (i.e., PlugShare.) Advertising and signage will also create visibility for your location and drive traffic to your chargers, increasing utilization and profits.

Questions? ev@agi.net. For additional information about AGI, please visit or contact Kira Constanza. AGI is an EMA Executive Committee Council Partner.

Member Services Benefit with RINAlliance
Are You Taking Advantage of the Renewable Fuel Standard?

Earlier this year, the Energy Marketers of America announced an exclusive member service agreement with RINAlliance, so that every fuel marketer has an opportunity to leverage the Renewable Fuel Standard (RFS).

Whether a fuel marketer is determining whether to blend and take renewable fuel with RINs, or whether they are a current RFS participant looking to improve RIN management, RINAlliance can help with strategies, tools and expert support.

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.