| EPA Authority Over Local Wetlands Significantly Reduced by New Rule Defining Waters of the U.S.
The EPA and the Department of the Army (Army) today finalized the Navigable Waters Protection Rule. The final rule limits the EPA’s and Army Corp of Engineers authority under the Clean Water Act to impose land use controls involving a broad category of what were previously defined as wetlands. This is good news for petroleum marketers who have been prevented from putting property to its full commercial use due to the regulatory limitations triggered by the occasional accumulation of standing rainwater on their parcel or adjacent lots. Click here to view the Navigable Waters Protection Rule.
The previous definition of waters of the United States was so broad and lacking in clarity that it greatly expanded federal regulatory authority over local land use issues. This broad jurisdictional authority led to the imposition of significant development limitations on almost any parcel of land where rainwater collects. The final rule narrows federal authority over local land use by creating a dozen categories of land features that are not waters of the United States, including features that only contain water in direct response to rainfall; groundwater; most ditches; prior converted cropland; and waste treatment systems.
Finally, the rule provides a new definition for the term “adjacent wetlands” as wetlands that are meaningfully connected to other jurisdictional waters by directly abutting or having regular surface water communication with jurisdictional waters of the United States. These categories essentially remove the need to obtain federal permits, conduct federal environmental assessments and other burdens imposed that limit development for qualifying land. The final rule on waters of the United States may be seen here.
Environmental groups will challenge the rule, which could lead to a regulatory patchwork with the Trump rule on judicial hold in some states but in effect in others. Ultimately, the reach of the Clean Water Act may only be resolved when the Supreme Court weighs in again.
USDA Seeks Input on New Ethanol Sales Infrastructure Incentive Program
The U.S. Department of Agriculture has published a request for information regarding new ethanol sales infrastructure. Unfortunately, the USDA only provided for a 14-day comment period which is unusually short. PMAA has requested a 30-day extension but has yet to receive an answer. Comments are due by January 30th.
Click here to read the USDA’s news release that explains the Higher Blends Infrastructure Incentive Program.
Langston Named FUELIowa President and CEO
 Ronald N. (Ron) Langston will become President and Chief Executive Officer for FUELIowa, effective January 20, 2020. The association’s Board of Directors voted to hire him as the successor to Dawn Carlson, CAE, who has been with the fuel industry trade organization for the past 25 years and held the top leadership role since 2003.
“After conducting a nationwide search, we have found a highly credentialed and capable executive to lead our association forward and build upon the proud legacy that Dawn Carlson has created,” said Jason McDermott, FUELIowa Board Chair. “We are excited to work with Ron Langston and put his vast leadership experience and extensive skill sets to work for our association, our industry and fuel consumers statewide.”
Langston returns to Iowa from Washington, D.C., where he has been working as a Senior Consultant and Director of Small and Medium Enterprises with The Stevenson Group, as well as Principal Consultant for Langston Global Enterprises, LLC.
“It’s great to be back in Iowa and I’m looking forward to hitting the ground running,” said Langston. “Dawn is leaving the organization well positioned for great things, I look forward to working with her over the next several weeks to connect with the membership and develop plans to lead the team and take FUELIowa to new levels of success.”
Dawn Carlson is leaving her position at FUELIowa in February 2020 to spend more time with her family, and place more energy on mission work and professional opportunities through her equestrian business, River Heights Ranch.
You can read the full press release here. Ronald can be reached by phone at 515.421.4045 or byemail.
Annual OSHA Workplace Injury and Illness Posting Begins February 1st
The 2019 posting cycle for OSHA’s workplace injury and illness reporting rule begins on February 1, 2020 and runs through April 30, 2020. The OSHA injury and illness recording and posting requirements apply to most establishments (workplaces) with more than 10 employees. OSHA requires employers to record and post all work-related injuries occurring during the previous calendar year. The following list identifies establishments within the petroleum marketing industry and indicates whether the establishment must comply with the OSHA Injury and Illness recording and posting requirements.
Click here to view the full Compliance Bulletin.
DOD, DOE, DHS to Research Using Carbon Captured from Air and Sea Water to Make Fuel
A provision in the National Defense Authorization Act that was passed in December directs the Defense Department (DOD) to work with DOE and DHS to research ways to use carbon capture technology to make fuel out of carbon dioxide pulled directly from ocean water and the ambient air. The Direct Air Capture and Blue Carbon Removal Technology Program seeks to “develop and demonstrate technologies that capture carbon dioxide from seawater and the air to reuse such carbon dioxide to create products for military uses.”
Now that the military is researching carbon capture technology including capturing carbon for conversion to military transportation fuel, it is likely that advances will be made rapidly. Until DOD’s involvement, only a few small companies have attempted to determine how to pull carbon from the air and turn it into energy. A Brown University study found that the U.S. military emits more carbon than any company, and more than many industrialized nations, so DOD is a good start for development and commercialization of technology.
Carbon removal technology is aimed at removing existing carbon emissions out of the atmosphere and Congress wants The Direct Air Capture and Blue Carbon Removal Technology Program to clean the existing emissions and to make transportation fuel.
Developing technology to produce carbon dioxide from any location and combining it with hydrogen means the military can essentially make fuel anywhere. For instance, military readiness could be supported by direct-ocean-capture technology on an aircraft carrier.
House Republicans to Release Climate Plan Within the Next Few Months
Last week, House Republicans met to discuss crafting a comprehensive climate plan that will counter House Democrat’s Green New Deal. The plan is expected to focus on cutting carbon dioxide emissions, providing funding to enhance clean-energy innovation and focusing on plastics intended to strengthen conservation efforts.
The plan is expected to focus on increasing the number of trees grown in the U.S. that is intended to reduce carbon dioxide emissions. Rep. Bruce Westerman (R-AR) is developing a bill, called the “Trillion Trees Act,” that would commit the U.S. to increasing the number of trees grown to a certain goal. Additionally, the climate plan would double the amount of investments in research and development of clean-energy technology, while also providing tax breaks to companies who export clean-energy technology. The plan will also focus on cleaning up plastic pollution and recommends the U.S. Department of Energy (DOE) to find better ways to recycle. Furthermore, the GOP plan will seek to provide funding to countries that have significant plastic pollution in their rivers.
The plan is expected to face significant opposition from House Democrats because the GOP plan does not set specific emissions targets, and many Democrats believe the details outlined in the plan do not do enough to address climate issues. Republicans have said they plan to introduce their full proposal sometime this Spring.
PMAA Member Services Spotlight Featuring: National Purchasing Partners (NPP)
Introducing New Sherwin Williams Program
 Save on Paints, Stains, Coatings & Supplies with Sherwin-Williams and NPP! Looking to refresh your building’s exterior and interior paint this year? Through our member benefit provider NPP, PMAA members get exclusive discounts and personalized service from Sherwin-Williams, the nation’s largest specialty retailer of paints, coatings and painting supplies. Order online or in-store and pick up at more than 4,000 Sherwin-Williams stores nationwide.
Enroll your business for FREE here to access special pricing.
You will find additional discounts from Airgas, Staples and, if eligible, Verizon Wireless.
NPP is a member benefit provider of PMAA. Restrictions may apply.
Please Reserve Your Rooms NOW for PMAA’s Washington Conference 2020
PMAA’s annual Washington Conference and Day on the Hill will be held in our Nation’s Capitol of Washington, DC from May 13-15. Our industry continues to have several important legislative and regulatory issues to discuss and the Day on the Hill continues to be the primary focus of this conference.
The meeting will begin with an Opening Session / Issues Briefing and Region meetings in the afternoon of May 13. Our welcome reception, including our fun and popular PAC silent auction fundraiser, concludes the day! On the morning of May 14, marketers will head to Capitol Hill for visits with their Congressional delegations after a buffet breakfast and issues briefing for those who were not able to attend the opening session. It is not too early to make your Congressional appointments. There will be a hospitality suite and luncheon on the Hill. On the evening of May 15, we will feature our 2020 PMAA Chair Aaron Littlefield along with honoring our other Past Chairs in attendance. Our conference will conclude after the PMAA Board of Directors meet on May 15 following a buffet breakfast and committee meetings.
There has been an overwhelming response to the room block. We are excited that 170 members have made hotel reservations at our Headquarter Hotel, The Mayflower, and 67 members have hotel reservations at our Overflow room block Hotel at Capital Hilton within short walking distance of The Mayflower Hotel. Please contact Susan Isard as soon as possible to inquire if any rooms have opened up prior to booking rooms elsewhere.
You can find all available details, including additional information under Hotel and Travel for Washington Conference and Day on the Hill here. Registration will open in February 2020 and will be posted on this page and announced in this Weekly Review.
Please make your plans now to attend this important and productive forum to meet with your members of Congress and network with other marketers from across the country! See you in DC in the spring!
Federated Insurance: It’s Your Life
Year-end Tax Planning
Now that we’ve lived under the Tax Cuts and Jobs Act (TCJA) for more than a year, let’s look at what we’ve learned about how to take full advantage of its provisions.
To read about the six moves to consider, please click here. For additional information or to discuss this in further detail, please contact your Federated regional representative or PMAA’s National Account Executive Jon Medo at 800.533.0472. Federated is a PMAA Corporate Platinum Partner.
Worldpay from FIS Webinar: Protection for Non-EMV Fraud Liability on January 30, 2020 at 2:00pm ET
The liability shift for Automated Fuel Dispensers (AFD’s) EMV compliance set for October 1, 2017 was moved to October 1, 2020 and despite this extension we know many of our petroleum merchants are still unprepared for this deadline.
There are real risks associated with this change and we’re here to help protect you with Worldpay from FIS FraudSight.
FraudSight offers a customized fuel model, targeting fraudulent transactions at AFDs, that mitigates fraud losses and offers immediate and strong protection against the costs associated with this liability shift.
Ready to learn more? Join us on our upcoming webinar as we discuss how truly easy it is to implement and where you will also learn:
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Ways to reduce pay at the pump fraud losses
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How to secure service stations (inside the store) from fraud
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Why you need to protect yourself before the deadline
For additional information or questions, please reach out to your designated Worldpay Account Manager or PMAA’s new Worldpay Enterprise Relationship Manager, Kat Briggs at 678.587.1440. Worldpay is a PMAA Corporate Silver Partner and Vendor.
PMAA Platinum Partner Spotlight Featuring: Meridian Associates, Inc.
Seven Steps to Make Money Off Your Competition by Betsi Bixby
How many times have you stayed late in your office or perhaps a quiet rainy weekend trying to figure out how to make more money? Surely there must be a magic bullet somewhere! You might even be looking at your volume report showing a decline and wondering when will the good old days reappear? And there may be a feeling deep in your gut that questions, “What if they don’t? What will happen when a few of my contracts expire?”
Recently, I was talking with a family going through exactly this realization. The gross profit from one large chain of c-stores was over one-third their bottom-line profit. That chain had decided to negotiate a direct supply contract. Ouch!
Please read the article in its entirety about the proven seven-step method by clicking here. To learn more about PMAA’s Corporate Platinum Partner, Meridian Associates, please visit or contact them at 800.728.9005.
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