Energy Marketers of America Weekly Review - March 7, 2025
Energy Marketers of America Weekly Review - March 7, 2025
EMA Regulatory Alert: Tariffs on Canadian USMCA-Compliant Energy Products Paused
EMA Regulatory Counsel Contacts: Jeff Leiter and Jorge Roman
The Trump Administration has delayed the imposition of 10 percent tariffs on energy resources from Canada, including refined petroleum products (including motor fuels and heating fuels) and biofuels, if the products are covered by and compliant with the United States-Mexico-Canada Agreement (USMCA). Imported energy goods that are technically covered by but fail to comply with USMCA requirements (such as rules of origin) remain subject to the import duties that took effect on March 4. This carve out seeks to, in part, minimize disruptions in the automotive and other key industries.
According to press reports, the majority of $125 billion in Canadian energy exports to the U.S. in 2024 would be subject to the 10 percent tariff imposed this week, because importers last year did not claim USMCA treatment on $78 billion in Canadian crude oil that entered the U.S. and another $16 billion in energy products came in from Canada tariff-free and outside the USMCA. With the amount of money at stake, importers likely will be making USMCA claims. However, any tariffs paid since March 4 will not be refunded.
EMA encourages effective communication with suppliers to ensure origin requirements and other trade stipulations are met to be outside of the scope of the 10% ad valorem rate of duty.
“EMA is pleased and supports the carve-out for valuable liquid fuels that comply with international trade law, and we will continue to elevate the voice of energy marketers to prevent adverse effects on consumers at the pump and heating oil households –– consistent with the energy dominance agenda of the administration,” said EMA President Rob Underwood.
Click here to read the White House’s Fact Sheet regarding the new tariff structure
Click here to read the Federal Register Notice
Click here to read EMA letter to the White House supporting an exemption to petroleum products
Trump Administration Suspends Beneficial Ownership Penalties, Fines and Deadlines
While the nationwide injunction prohibiting the enforcement of the Corporate Transparency Act (CTA) has been lifted, the U.S. Department of Treasury announced March 2 that “with respect to the Corporate Transparency Act, not only will it not enforce any penalties or fines associated with the beneficial ownership information reporting rule under the existing regulatory deadlines, but it will further not enforce any penalties or fines against U.S. citizens or domestic reporting companies or their beneficial owners after the forthcoming rule changes take effect either.”
This development comes after FinCEN extended the reporting deadline to March 21, 2025 , citing Treasury’s concerns over regulatory burdens on businesses. The agency now plans to publish a proposed rule that will narrow the scope of the BOI reporting rule to foreign reporting companies only. 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. Again, as of now, members do not need to meet the March 21 BOI reporting deadline. By March 21, FinCEN will announce a new BOI reporting deadline.
End Tobacco Loopholes Act of 2025
Earlier this week, Senators Ron Wyden (D-OR) and Dick Durbin (D-IL), along with U.S. Representative Raja Krishnamoorthi (D-IL-08), introduced the bicameral “End Tobacco Loopholes Act of 2025” (S.819/H.R.1798). The bill is unlikely to move in the GOP controlled Congress. The tobacco tax provisions include substantial increases and an annual adjustment in the proposed rates below based on inflation:
- Double the tax on cigarettes from $1.01 to $2.02 per pack
- Implement a new e-cigarette tax that would equalize to the tax on cigarettes (methodology based on per 1,810 milligrams of nicotine
- Increase the tax on moist snuff from 11 cents per 1.2 oz. tin $2.02 per tin
- Establish a new tax on smokeless tobacco sold in discrete single-use units (e.g., nicotine pouches) to $100.66 per thousand units.
- Double the tax on small cigars
- Change to a new weight-based tax methodology (to $49.56/lb.) on large cigars resulting in substantial tax increase
- Double the tax on RYO (from $24.78/lb. to $49.56/lb.)
Equalize the tax on chewing tobacco and pipe tobacco to tax these products like cigarettes.
President Trump made waves on both sides of Pennsylvania Avenue this week as his Administration continues enacting its second term agenda at full speed.
On Tuesday, President Trump addressed a Joint Meeting of Congress to outline his early accomplishments and his legislative priorities, including on the border, social issues, taxes, tariffs, and other issues. Trump’s speech, the longest in modern history, was met with applause from Republicans and at times provoked jeers and protests from Democrats. On trade, President Trump emphasized tariffs as a key tool in his economic strategy, calling them a "beautiful word" that would “make America rich again” and protect American jobs. President Trump’s remarks were the first of many statements on tariff actions by the President and cabinet officials this week as the White House continues to propose and modify tariffs on goods from Canada and Mexico, prompting confusion among policymakers and financial markets.
On tax policy, President Trump reiterated support for congressional action on several tax proposals from his presidential campaign, including making his 2017 tax law permanent and restoring full expensing, allowing businesses to immediately deduct the full cost of certain business investments, retroactive to January 20, 2025. Trump urged Congress to address expiring tax cuts prior to the end of 2025 and challenged congressional Democrats to support extending expiring tax cuts for individuals. Next week, House Republicans will begin drafting key provisions of their much-anticipated tax bill in two closed-door meetings on Monday and Wednesday.
Before acting on President Trump’s legislative agenda, however, Congress must avert a pending government shutdown and pass a Continuing Resolution (CR) before March 14. House Republicans are expected to release the text of a stopgap funding measure over the weekend prior to a series of votes on the CR next week. It is unclear whether House Republicans can advance the stopgap bill without the support of Democrats. Several conservative House Republicans and defense hawks have threatened to withhold support for a CR. However, several Democrats may cross party lines to avoid a government shutdown despite broader Democratic concerns over the Department of Government Efficiency (DOGE) and the Trump agenda. A CR will also require the support of several Senate Democrats for final passage.
Meanwhile, legal challenges to several Trump Administration actions and orders continue. On Thursday, the Government Accountability Office (GAO), a congressional agency, ruled that Congress cannot use the Congressional Review Act (CRA) to overturn Clean Air Act waivers granted to California by the Biden Administration, setting up a potential legal challenge. The Trump Administration has maintained that Congress can utilize the CRA to overturn the Biden-era waivers, which allow California to implement stringent pollution requirements. In addition, on Thursday a federal judge in Rhode Island blocked the Trump Administration from freezing federal grants and loans in two dozen states in response to a lawsuit filed by Democratic Attorneys General.
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 for you to meet with your members of Congress and network with other marketers from across the country!
Hotel reservations will close the earlier of April 23 6:00 pm Eastern or when the room block is sold out. Tuesday night (1 available) (3-6-25), Wednesday night (39 available) (3-6-25), and Thursday night (10 available) (3-6-25). We will most likely SELL OUT.
Registrations must be received by April 23 to be included in our hotel guarantee.
| Click here to Register and Book your Hotel Room for EMA’s DC Conference and Day on the Hill |
Tariff impacts on diesel prices will likely hit New England first - FreightWaves
South Dakota bill blocks Summit Carbon from using eminent domain
U.S. withdraws from global clean energy partnership - Reuters By Investing.com
February 2025 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 February 1-28, 2025 time frame:
Alabama: Robert Brasher, Debby Jenkins, Karen Moore, Dean Mooty, Whitney Shirley, Dustin Smith, Jon Tang
Florida: Tondra King Matthews
Kansas: Alison Bridges, Patrick Lingg
Mississippi: Drew Bryant, Kirk Dickerson, Parker Lipscomb, Joe Morris, W. Clifton Van Cleave
Missouri: Brent Anderson, Brian Baker, Robert Forsyth, Anthony Gier, Jeffery Adam Naegler
South Carolina: Michael Fields, William Rogers IV, Neil Winter
Utah: Roy Hall
Washington: Dan Averill
February 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 February 1-28, 2025 timeframe:
Arizona:
Arizona Petroleum Marketers Association (APMA)
Connecticut:
Donald Mitchell, Norbert E. Mitchell Company, Inc.
Indiana:
Trout Moser, National Oil & Gas
Mississippi:
Parker Lipscomb, Lipscomb Oil Company, Inc.
Missouri:
Missouri Petroleum & Convenience Association (MPCA)
New Mexico:
New Mexico Petroleum Marketers Association (NMPMA)
North Dakota:
North Dakota Petroleum Marketers Association (NDPMA)
Oklahoma:
Oklahoma Petroleum Marketers & CSA (OPMCA)
Oregon:
Oregon Fuels Association (OFA)
Virginia:
Lewis Wall Jr., Davenport Energy
Washington:
Steve Clark, Genesee Energy
Washington Independent Distributors of Energy (WIDE)
Wisconsin:
Jonathan Crawford, Crawford Oil Company
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.
New EMA Member Service Benefit: You Need Drivers. EMA Can Help
The Energy Marketers of America has partnered with the National Propane Gas Association (NPGA) to provide a new member benefit to help your company get drivers on the road. The ACE (Administrative Compliance Experts) Services Program guides individuals through the Entry Level Driver Training (ELDT) requirements set by the Federal Motor Carrier Safety Administration (FMCSA).
What does ACE do?
Serving as the FMCSA Registered Training Provider, ACE handles:
- FMCSA paperwork and filings
- FMCS audits
- Training materials and training equipment guidance to meet FMCSA requirements
ACE will save you thousands of dollars – up to $3,000 per driver – AND help you cut through all the red tape.
To begin enrollment, please click HERE and when prompted, enter the Energy Marketers of America as your ACE Network Partner.
Learn more about how ACE works, how much it costs, and how you can enroll your company by viewing EMA’s webinar from October 24, 2024.
| Click Here to View the EMA ACE Webinar |
Please contact ACE at 202-466-7203 or eldt@npga.org if you have any questions.
“Our company has had many drivers go through the program… ACE keeps all of the records for you and allows you to keep it in house. Simple, easy, cost effective. An absolute unbelievable program. To me, signing up for ELDT and utilizing the ACE program is a no-brainer” – Damon Gibson, CHS
For over 50 years AGI has helped the most recognizable brands construct, refresh and maintain their physical locations. In addition to the EV Charging Solutions AGI is known for in the EMA community, AGI is well positioned to assist EMA members with electrical, lighting and maintenance, interior and exterior branding, and signage solutions. With over 1,000 employees, in-house engineering and half-a-million square feet of manufacturing, AGI holds electrical contractor licenses and general contractor licenses in all 50 states. Get to know AGI’s multiple divisions and reach out to us today to learn how we can support your construction and facilities projects!
Electrical, Lighting & Maintenance: Our Electrical, Lighting & Maintenance division was built to keep every brand-defining detail up and running, efficiently and cost-effectively. Built for facility managers who need the right service, right now, our fast-moving team provides rapid response and comprehensive upkeep to make sure the details that define your brand always look its best. Offering electrical services, lighting upgrades, lighting and sign maintenance, energy efficiency and energy management services and EVSE solutions.
Signage Solutions: Brand experience starts with a great sign. That’s why it’s so important to get it right. Here, we rethink the way signage solutions are defined and delivered, so you can make the greatest impact with your brand’s first impression. We handle exterior signage, interior signage and wayfinding and ATM housings, kiosks and topers, from site updates to signage programs. Our team of experts knows what it takes to get the job done.
Architectural Branding: Actuating your brand identity into your retail architecture and physical environment enhances your customer’s experience every time they walk through your doors. Our Architectural Branding team helps assemble the brand elements to create the brand image of the physical space, creating memorable, distinct experiences that connect your customers to your brand. As the leading provider of integrated architectural branded solutions, we’ll work along-side your architects and GC’s to develop distinctive, recognizable architectural features and components that clearly represent your brand. Our in-house team of professionals work together to build comprehensive architectural branding solutions for your brand. With dedicated architects, project managers, design consultants, engineers and manufacturing and installation crews, our team includes every expert needed to get the job done. From exterior finishes and wall cladding to branded logos, integrated signage, interior walls, ceilings, and entry elements—we craft a customized experience for every angle and area of your brand’s space.
Innovative Solutions: Today, vying for customer attention is more difficult than ever. Great environmental experiences help you stand out by building emotional connections and loyalty to your brand. From concept through construction, our Innovative Solutions Team is a group of professional experts who are committed to disrupting the norm with exceptional service offerings and client focused value. Offering a nationwide, holistic, and turnkey approach, we seamlessly deliver interior branded environments by blending expertise, customer connection and space to create innovative experiences.
For additional information about AGI, please contact Kira Costanza 270-246-3188 or Michael Hanson 727-250-8640. AGI is an EMA Executive Committee Council Partner.
Federated Insurance Risk Management Academy Webinar
Who Are Your Safest Drivers: Thursday, March 20, 2025, 2:00 pm Eastern Daylight Time
Company drivers today face distractions unlike any in history, and poor driving behaviors put your company at risk. We’ll take a look into how you can recognize and promote safe driving through the use of our Federated DriveSAFESM telematics program.
What you will learn:
- Why the safety of your drivers and others is so important to your business’ success
- How it takes more than just a policy to get the message across and protect your business
- How to help your drivers move from good to great
Advanced registration required for this 30-minute webinar.
For additional information or to discuss this in further detail, please feel free to contact your Federated regional representative or EMA’s National Account Executive Jack West at 262.719.7750. Federated is a Partner in EMA’s Board of Directors Council.
EMA Member Services Spotlight Featuring: Member Benefits Available Through NPP (National Purchasing Partners)
Members of the Energy Marketers of America can access business, employee, and personal discounts through National Purchasing Partners (NPP). NPP is a member benefit provider of EMA and helps members reduce costs with exclusive pricing.Members can save on many useful brands, including Airgas, Batteries Plus+, Cintas, ODP Solutions, Sherwin Williams, Staples, Unifirst, and, if eligible, Verizon Wireless.
Sign up here. Once you sign up with NPP, you will receive a verification email. When your account is verified, just log in and explore the catalog of offers.
NPP membership is free and there is no obligation to buy. If you need help registering, please contact or call 800.810.3909.
Restrictions may apply.