EMA Submits Deregulatory Recommendations to the Trump Administration

On Tuesday, the Energy Marketers of America (EMA) submitted comments to the U.S. Department of Transportation regarding opportunities for regulatory relief in the transportation sector. EMA identified specific areas where deregulatory initiatives would meaningfully reduce burdens on liquid fuels transportation without compromising safety. Specifically, EMA highlighted:

1. The National Highway Traffic Safety Administration (NHTSA) Regulations

• EMA argued that the fuel economy standards for passenger cars and light trucks finalized during the Biden Administration are unachievable, result in an unlawful de facto electric vehicle mandate, and ignore consumer choice and investments in low carbon liquid fuels.
• EMA urged the NHTSA to halt any effort to require side underride guards for commercial truck trailers and semitrailers. Such a mandate is not currently supported by safety data and is not technologically feasible for fuel cargo tank vehicles.

2. Federal Motor Carrier Safety Administration (FMCSA) Regulations

• EMA requested that the FMCSA broaden the definition of "emergency" to include events caused by market forces that pose an immediate threat to public welfare, in line with long-standing regulatory interpretations when issuing Hours of Service waivers.
• EMA asked the FMCSA to tailor HazMat Tests by industry sector when taking the commercial driver's license knowledge test. This targeted approach would reduce irrelevant testing burdens while preserving safety standards.

3. Pipeline and Hazardous Materials Safety Administration (PHMSA) Regulations

• EMA urged the PHMSA to allow fuel marketers to use the UN ID number for the lowest flash point in split loads and alternating straight loads of gasoline, diesel, heating oil, and gasoline blends up to 15 percent ethanol (E15), particularly when transported alongside fuels with lower ethanol content.
• EMA urged PHMSA to work with the EPA to reevaluate the cost-benefit basis of a Biden Administration final rule which modified the cargo tank vapor tightness standard from 3 inches to between 0.5 and 1.25 inches of water pressure drop, depending on the tank size. Unfortunately, some terminals are now enforcing the new standard even though the rule doesn't go into effect until 2027, straining fuel logistics, especially for small businesses with older tanks. EMA asked that, at a minimum, the compliance deadline be extended to 2029.

4. Transportation Security Administration (TSA) Regulations

• EMA urged the TSA to immediately eliminate costly background check redundancies, empowered by passage of the Transportation Security Screening Modernization Act last year. Specifically, the law requires TSA to streamline the credentialing process by (1) allowing the enrollment in any security threat assessment program based on one background check, (2) permitting an expedited renewal process, and (3) aligning credential expiration dates. EMA also urged the TSA to evaluate whether fingerprint collection is necessary for renewals. Fuel marketers, especially those in rural areas, are disproportionately burdened by this requirement.

"The Energy Marketers of America stands ready to work with the Trump Administration to ensure these common sense regulatory reforms are addressed to support small business energy marketers across the country," said EMA President Rob Underwood.

Click here to read the full recommendations letter.

Inside the Beltway Update

Tensions are rising in Washington as the House of Representatives is barreling towards its optimistic Memorial Day deadline to consider an energy, border, and tax package on the House floor. Eager to strike a deal and deliver on key promises, House Republicans are planning to markup their multi-trillion-dollar tax bill starting on Tuesday, despite remaining sticking points in negotiations, including critical open questions on the Inflation Reduction Act and the state and local tax (SALT) deduction.

This week, the House Agriculture, Energy & Commerce, and Ways & Means Committees have continued to negotiate draft legislation to meet their reconciliation instructions outlined in the Republican-led budget resolution agreed to in early April. All eyes are on timeline, as the three panels must conclude work on their portions of the reconciliation bill by mid-next week to allow time for necessary procedural steps prior to floor consideration later in May, including markup by the House Budget Committee and for the House Rules Committee to tee up floor consideration of the reconciliation bill. House leadership is optimistic that the committees will conclude key negotiations over the weekend and will advance legislative proposals early next week, with separate marathon markups planned for the House Energy & Commerce and Ways & Means Committees on May 13.

Behind the scenes, Republicans on the House Ways and Means Committee met this week for a final series of meetings in an attempt to resolve several remaining questions, including how long to extend key tax cuts, how to include several of President Trump’s campaign promises, whether to repeal or sunset Inflation Reduction Act tax incentives, and how to provide relief to taxpayers in high-tax states. On IRA, House Republicans are reportedly split on changes to tax incentives for clean energy and EVs, with some Members of Congress favoring full repeal of Biden-era law and others seeking more targeted changes, including earlier sunset dates for existing credits and stronger rules for eligibility. Meanwhile, House leadership and several Republican lawmakers are directly negotiating an increase in SALT deduction for individuals, capped at $10,000 by TCJA. Nevertheless, lawmakers have so far failed to reach an agreement on a compromise SALT proposal, and SALT proponents reportedly remain divided among themselves on the size of a proposed increase in the cap. House leadership and several moderate House Republicans remain optimistic, however, that the two sides will reach consensus.

While all eyes are currently on the House, the Senate is working behind the scenes on the details of its own reconciliation proposals. Senate markups are likely to follow consideration of reconciliation legislation on the House floor, meaning the Senate will continue to make quiet progress on counterproposals over the next two weeks.

Special EMA Members Code for NACS Show 2025 Registration

The NACS Show is returning to Chicago this October and this year's Energy Marketers of America's Registration Code is: 2025EMANS

Using the 2025EMANS code provides EMA with $100 for every retailer or marketer paid registration at any rate. EMA encourages EMA state execs to promote and share with your state association's member companies. Click here for the flyer and the early bird pricing ends June 13, 2025.

**Please note that EMA State Execs are comped for NACS Show registration. Additionally, the NACS Show registration is separate from EMA's Fall Meeting registration. 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.

Urge Lawmakers to Support Biodiesel Blender’s Tax Credit Extension

Last week, Representatives Mike Carey (R-OH), Andrew Garbarino (R-NY), Dusty Johnson (R-SD), Mike Kelly (R-PA), Darin LaHood (R-IL), Mariannette Miller-Meeks (R-IA), Ashely Hinson (R-IA) and Claudia Tenney (R-NY) introduced the “Biodiesel Tax Credit Extension Act of 2025,” (H.R. 3137) which aims to extend the $1 per gallon biodiesel blender’s tax credit through 2026. Extending the biodiesel blender’s tax credit is important to energy marketers to sell a growing portfolio of affordable, efficient, and environmentally friendly liquid fuels that are helping to reduce emissions while propelling Americans forward and lowering heating fuel costs.

Unfortunately, the Inflation Reduction Act (IRA), which was signed into law in 2022, replaced the biodiesel blender’s tax credit with a new 45Z Clean Fuel Production Credit (CFPC) based on carbon intensity scores. Ethanol, biodiesel, renewable diesel and sustainable aviation fuel (SAF) will all be eligible for the new production tax credit, however, the Department of the Treasury has yet to publish final CFPC guidance. Therefore, it is important that Congress acts soon to extend the biodiesel blender’s tax credit to give impacted industries market certainty for at least another year.

• Heating fuels marketers -- click here to write Congress to extend the Biodiesel Blender’s Tax Credit.
• Motor fuels marketers -- click here to write Congress to extend the Biodiesel Blender’s Tax Credit.

Meanwhile, EMA submitted comments on 45Z implementation and the Importance of Extending the Biofuel Blender’s Tax Credit. Click here to read the comments.

April 2025 Contributors to EMA MDF

EMA’s Marketer Defense Fund (MDF) committee wants to thank the following for their MDF contributions during the April 1-30, 2025 timeframe:

Arizona:
Arizona Petroleum Marketers Association

Colorado:
Colorado Petroleum Marketers and Convenience Store Association

Illinois:
Fueling Illinois Political Action Committee

Missouri:
Missouri Petroleum & Convenience Association

Mississippi:
Rex Gillis, Dutch Oil Company
Kevin Sayle, Sayle Oil Company
Benjamin Van Cleave, Buffalo Services Inc./B-Kwik Food Marts

Nebraska:
Tim Keigher, Nebraska Petroleum Marketers & Convenience Store Association

New Mexico:
New Mexico Petroleum Marketers Association

North Carolina:
Reynolds Services Company

North Dakota:
North Dakota Petroleum Marketers Association

Oklahoma:
Oklahoma Petroleum Marketers & Convenience Store Association

Oregon:
Oregon Fuels Association

South Carolina:
Matthew Greene, Lindsay Oil Company, Inc.

Tennessee:
Zachary Lee, Parman Energy Group

Washington:
Washington Oil Marketers Association

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

Coalition of GOP attorneys general celebrate win against California’s clean-truck rule | The Hill

The Politics of EVs Have Changed | WSJ

Senate GOP to bypass key rulemaker on California's EPA waiver | AXIOS

Congress Should Keep California From Dictating To Whole Country

The Senate Can End California’s EV Mandate - WSJ

Republican senators question Trump’s plans to change FEMA

States sue Trump administration for blocking the development of wind energy | The Associated Press

Federated Insurance® Launches 2½-Day Risk Management Academy Offering for Petroleum Business Owners in May

Federated Insurance® is excited to formally invite business owners in the petroleum industries to attend our complimentary 2½ -Day Risk Management Academy (RMA) offerings from May 20-22, 2025. Led by risk management professionals, this session will be held at Federated®'s Home Office in Owatonna, Minnesota.

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 owners in the petroleum industry 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.

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• Developing a risk management culture
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• Advantages of using Federated DriveSAFE℠ Telematics
• Evaluating workers compensation risks
• Focusing on business succession and employee retention

Building a culture of workplace safety starts with business leaders. Learn more and register now to attend this valuable 2½-Day RMA to help take risk management to the next level. To reserve your spot in the upcoming session, or for more information, please contact FederatedRMA@fedins.com or please reach out to 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.

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 Member Services Spotlight Featuring: Hertz from National Purchasing Partners (NPP)
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