• EMA Weekly Review

  • EMA Weekly Review

    Energy Marketers of America weekly update on important national industry news
    January 15, 2021  [WR-21-02]
    Sponsored by Altria Group Distribution Company
    who generously supports The Energy Marketers of America 

    Quick Links to Articles for January 15, 2021

    Revised OSHA Injury and Illness Compliance Bulletin

    EMA SBC PAC: Missouri Donates $12,050, or 254 Percent of Their 2021 Goal! 

    New EPA Proposed Rule Designed to Make E15 Easier to Use with Existing UST Equipment

    Free FMCSA Drug and Alcohol Clearinghouse How-to Webinar and Presentation Slides now Available

    President-Elect Biden Announces $1.9 Trillion “America Rescue Plan” 

    SBA Announces Paycheck Protection Program Reopening 

    EDC Alert | EEOC Permits Employers to Mandate COVID Vaccinations to Employees

    Trump Administration Punts Decision on Applications for Small Refinery Waivers 

    Trump Delays Start of Auto Industry’s Higher Penalties for Not Meeting Fuel Requirements

    EMA Urges Congress to Fully Fund LIHEAP 

    EMA Corporate Platinum Partner Spotlight Introducing: Reynolds American Inc.

    Federated Insurance: It’s Your Life

    EMA Corporate Gold Partner Spotlight Featuring: Sound Payments Petro Solutions

    EMA’s Marketer Defense Fund Names Top 2020 Association Contributors

    Articles for January 15, 2021
    Revised OSHA Injury and Illness Compliance Bulletin

    The OSHA Injury and Illness Compliance Bulletin in last week’s EMA Weekly Review has been revised to include updated requirements for COVID-19 recording. According to OSHA, COVID-19 can be a recordable illness for employers who must comply with Injury and Illness reporting if an employee is infected as a result of performing their work-related duties. Recording a COVID-19 illness does not, of itself, mean that the employer has violated any OSHA standard. Employers are only responsible for recording cases of COVID-19 if all of the following are true:

    • The case is a confirmed case of COVID-19,

    • The case is work-related, and

    • The case involves one or more of the general recording criteria set forth in recordable injury and illness (e.g., medical treatment beyond first aid, days away from work, etc).

    The revised Compliance Bulletin also reflects OSHA changes to NAICS industry categories that now exempt gasoline stations with convenience stores from OSHA Injury and Illness reporting. Prior to the change, most gasoline stations with convenience stores were already exempt from Injury and Illness requirements under the “primary activity” measurement. Now, all gasoline stations with convenience stores are exempt because they are classified under the general Gasoline Station NAICS category. 

    The updated Compliance Bulletin can be downloaded here.

    EMA SBC PAC: Missouri Donates $12,050, or 254 Percent of Their 2021 Goal! 
    Since 2008, MPCA Has Donated $151,000!

    For more than 19 years in a row, the Missouri Petroleum Marketers & Convenience Store Association (MPCA) has exceeded, and for the past 14 years has more than doubled, their annual EMA SBC PAC goal. 

    In 2020, MPCA members donated $11,850, and for 2021 MPCA members have already donated $12,050.

    And between 2008 and 2021, MPCA members have raised and donated more than $151,000 for the EMA SBC PAC!

    EMA SBC PAC Co-Chairs Brad Bell and Tim Keigher send their thanks to all MPCA members, in particular MPCA Past President and EMA SBC PAC delegate, Wayne Baker, Warrenton Oil Company, for their dedication to the EMA SBC PAC!

    Since 2008 MPCA has more than doubled their goal as follows:

    • 2008: MPCA raised $8,200, or 202% of our annual goal.
    • 2009: MPCA raised $8,738, or 226% of our annual goal.
    • 2010: MPCA raised $9,337, or 252% of our annual goal.
    • 2011: MPCA raised $9,850, or 280% of our annual goal.
    • 2012: MPCA raised $11,320, or 338% of our annual goal.
    • 2013: MPCA raised $11,650, or 320% of our annual goal.
    • 2014: MPCA raised $11,250, or 304% of our annual goal.
    • 2015: MPCA raised $11,275, or 295% of our annual goal.
    • 2016: MPCA raised $11,450, or 228% of our annual goal 
             (annual goals increased to 21.23% of annual PMAA dues).
    • 2017: MPCA raised $12,200, or 251% of our annual goal.
    • 2018: MPCA raised $10,450, or 207% of our annual goal.
    • 2019: MPCA raised $11,650, or 244% of our annual goal.
    • 2020: MPCA raised $11,850, or 248% of our annual goal.
    • 2021: MPCA raised $12,050, or 254% of our annual goal.

    EMA SBC PAC is funded by voluntary personal contributions from marketers across the country. EMA regularly reports the activities of the PAC (as required by law) to the Federal Election Commission (FEC) and information about that activity is available to the public. Personal contributions are limited to individuals who are members of a EMA Member Association. Contributions to the SBC PAC are not tax deductible..

    New EPA Proposed Rule Designed to Make E15 Easier to Use with Existing UST Equipment

    The U.S. EPA is set to publish a proposed rule designed to make it easier to sell E15 from E10 certified equipment. The two prong rule addresses dispenser labeling and underground storage tank system compatibility. The first part of the rule seeks public comment on whether to modify, or eliminate altogether, the E15 dispenser warning label. The label warning label is required by the E15 misfueling mitigation rule. The label is designed to warn consumers against dispensing E15 into the fuel tanks of cars manufactured before 2001, boats and other gasoline powered equipment to prevent damage. The E15 warning label also helps protect gasoline retailers from liability for equipment damage due to consumer misfuelling. The second part of the proposed rule is designed to make it easier for UST system owners to demonstrate E15 compatibility for existing equipment. The EPA is proposing to change compatibility requirements so that existing double walled USTs and piping with interstitial monitoring qualify as E15 compatible. However, all other equipment in the UST system must still meet existing compatibility requirements including manufacturer and/or UL E15 certification. Moreover, the proposed rule would require all new UST system installations and or replacement parts be certified to 100 percent ethanol content.

    The EMA Motor Fuels Committee and UST Task Force will convene to discuss the proposed rule and formulate a response.  

    Free FMCSA Drug and Alcohol Clearinghouse How-to Webinar and Presentation Slides now Available

    In December 2020, the Federal Motor Carrier Safety Administration (FMCSA) hosted a series of live informational webinars on how to use the agency’s new online Drug and Alcohol Clearinghouse. The Clearinghouse is a secure online database that gives employers, the FMCSA, State Driver Licensing Agencies, and State law enforcement personnel real-time information about commercial CDL drivers’ license and commercial learner’s permit (CLP) holders’ drug and alcohol program records. Energy marketers must use the Clearinghouse to perform CDL driver annual drug and alcohol record checks and to record driver drug and alcohol test results, test refusals, violations, return to duty and follow-up testing. The EMA Drug and Alcohol Clearinghouse Compliance Bulletin can be downloaded here

    There are separate FMCSA webinars for employers and CDL drivers. The webinars provide detailed instruction on: Clearinghouse registration, using limited and full queries for record searches, uploading drug and alcohol violations and return to duty information, obtaining driver consent, purchasing query credits and common user issues and how to address them.
    The webinars are valuable tools to help marketers to integrate mandatory Clearinghouse requirements into existing drug and alcohol programs. 

    The FMCSA webinar and presentation slides are now available for downloading:

    For more information: Contact Mark S. Morgan, EMA Regulatory Counsel at mmorgan@emamerica.org

    President-Elect Biden Announces $1.9 Trillion “America Rescue Plan” 

    On January 14, President-elect Biden announced a $1.9 trillion” American Rescue Plan” to combat COVID-19 and help American recover. President-elect Biden’s ambitious plan would send $1,400 stimulus checks to Americans; increase the federal minimum wage to $15/hour; and leverage $35 billion in government funds into an additional $175 billion in low-interest loans to entrepreneurs, particularly those in the clean energy sector. The plan also includes $5 billion to cover home energy and water costs and provides a competitive set-aside of funding for states that invest in clean energy and energy efficiency projects in an effort to reduce electricity costs for families in disadvantaged communities. The proposal is already facing pushback from Republicans and liberal Democrats. COVID-19 relief will be President-elect Biden’s top priority when he assumes office on January 20th and this plan will test the strength of a slim Democrat majority in the House and Senate. 

    Congress is largely out of session through Inauguration, however, Senate Democrats are discussing combining a COVID-relief package with an infrastructure package that, theoretically, could pass without Republican votes through budget reconciliation (50 vote threshold in the Senate so long as the legislation relates to spending). Incoming Budget Committee Chairman Sen. Bernie Sanders (I-VT) is said to be considering whether to use this tool to include President-elect Biden’s $2 trillion clean energy and infrastructure plan. 

    However, such plans to pass legislation without Republican support may not be possible. Incoming Senate Energy and Natural Resources Committee Chairman Joe Manchin (D-WV) said he will “stick with bipartisanship” and will prioritize investments for communities in his home state that have lose coal jobs to newer energy sources. In a recent Politico interview, Sen. Manchin said his “main goal is to make sure we maintain energy independence. That’s an all-in energy policy and doing it in a cleanest fashion humanly possible through innovation and technology.” Sen. Manchin has not yet scheduled confirmation hearings for Biden Energy Secretary nominee Jennifer Granholm.

    SBA Announces Paycheck Protection Program Reopening 

    The Small Business Administration (SBA) and the Treasury Department announced this week that the Paycheck Protection Program (PPP) reopened to new borrowers and qualifying second time borrowers. 

    Click here for more information on the Second Draw PPP loans.

    EDC Alert | EEOC Permits Employers to Mandate COVID Vaccinations to Employees

    EEOC Permits Employers to Mandate COVID Vaccinations to Employees: Now What? As we approach the end of this tumultuous and uncertain 2020, there are strong signs that in 2021, life as we once knew it, will once again return to some level of normalcy. This means employers can look forward to re-opening their doors to employees, clients, patients and customers.

    The U.S. Food and Drug Administration (“FDA”) has just granted Emergency Use Authorization for two COVID-19 vaccines. With the distribution of these vaccines, employers will now face a different set of challenges as they grapple with the decision of whether or not to require employee vaccination. 

    Click here for more information. Courtesy of Gordon Rees Scully Mansukhani Law Firm.

    Trump Administration Punts Decision on Applications for Small Refinery Waivers 

    The EPA said Thursday that it is proposing to extend the compliance deadline for 2019 renewable volume obligations (RVOs) to November 30, 2021 as well as the 2020 deadlines to January 31, 2022, and June 1, 2022. However, the EPA is unlikely to act on pending applications for small refinery exemptions from RFS blending mandates before the end of the Trump Administration. The EPA is delaying action on granting small refinery exemptions for 2019 and 2020 biofuel-blending requirements due to ongoing litigation over the validity of such waivers. The EPA decision came shortly after the U.S. Supreme Court agreed to review an U.S. Circuit Court of Appeals ruling last year invalidating three small refinery exemptions. The court of appeals ruled that the EPA improperly issued the exemptions retroactively to small refineries whose earlier temporary exemptions had already lapsed. Since 2017, the retroactive small refinery exemptions have reduced renewable blending volumes by nearly 4 billion gallons, primarily corm ethanol. Review by the U.S. Supreme Court is likely to add volatility to the RINs market until a final ruling is handed down.

    Trump Delays Start of Auto Industry’s Higher Penalties for Not Meeting Fuel Requirements

    The National Highway Traffic Safety Administration (NHTSA) announced it has delayed implementation of the higher penalty amounts for auto industries that do not meet fuel efficiency requirements. The delay will save the industry hundreds of millions of dollars. 

    The fines were set to increase $14 from $5.50 for every 0.1 mile per gallon new cars and trucks consume in excess of required standards. NHTSA granted a petition from the Alliance for Automotive Innovation to delay the increase to $14 to the 2022 model year through an interim rule. 

    "Today's interim rule ensures that the increased CAFE civil penalty rate will not be applied retroactively to previous model years, or with design and manufacturing plans that cannot be changed to improve fuel economy," NHTSA said in its statement. 

    EMA Urges Congress to Fully Fund LIHEAP 

    The National Energy & Utility Affordability Coalition (NEUAC) is circulating their annual associations letter in support of full FY22 funding for the Low Income Home Energy Assistance Program (LIHEAP). EMA has joined the letter NEUAC Advocacy - NEUAC, but if states want to also sign on (in addition to being covered through EMA), the letter will be open briefly and then circulated to policymakers in time for upcoming budget discussions.

    Support for increased LIHEAP funding is especially critical this year due to the millions of newly unemployed families who are now eligible for heating assistance this winter. According to leading economists, a one-percent increase in the unemployment rate is associated with a 13 percent increase in the likelihood of experiencing bill hardship and a 16 percent increase in the probability of not having sufficient funds to pay for residential heating. Without robust LIHEAP funding levels this year, millions of Americans will risk losing the ability to heat their homes and potentially their lives as we approach the height of the winter heating season. NEUAC is urging Congress to maximize funding for LIHEAP for FY22 in order to prevent and address a catastrophic loss of energy access across the country.

    Thank you to all the heating fuel dealers who contacted their elected representatives in Congress to urge them to support increased funding for LIHEAP during EMA’s call to action last November. 

    EMA Corporate Platinum Partner Spotlight Introducing: Reynolds American Inc.
    Announcing Mike Auger’s Retirement and the Naming of Frank Silva as his Successor

    Mike Auger, President of RAI Trade Marketing Services Company, has announced his plans to retire in mid-February 2021 after a career spanning a combined 30 years of service and leadership to Reynolds American. 

    With Mike’s retirement, RAI is taking the opportunity to capture additional synergies by further integrating its Trade Marketing Team with the Digital and Commercial Activation Teams.

    Frank Silva, currently Senior Vice President Digital Marketing and Commercial Activation, has been appointed as Senior Vice President Trade Marketing and Activation.

    To read all about Mike and Frank, please click here. For additional information or to discuss this or any other tobacco topics in further detail, please contact Matt Domingo at 336-741-1486 or visitRAI Trade Marketing Services Company is a EMA Corporate Platinum Partner. 

    Federated Insurance: It’s Your Life
    Is an Annuity an Option You Should Consider?

    Figuring out the best options for investing for your future can be confusing and time consuming, especially for a business owner with a full schedule. A common goal for many investors is to maximize growth while minimizing risk. When considering investment vehicles for your assets, one option you might want to consider is an annuity.

    Please click here to learn more what an annuity is and how they might fit into your overall planning needs.

    Please always feel free to contact your Federated regional representative or EMA’s National Account Executive Jon Medo at 800.533.0472 for any additional information or risk management questions. Federated is a EMA Corporate Platinum Partner.

    This article is for general information and risk prevention only and should not be considered legal or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all risk of loss. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. Qualified counsel should be sought with questions specific to your circumstances. © 2020 Federated Mutual Insurance Company. 

    EMA Corporate Gold Partner Spotlight Featuring: Sound Payments Petro Solutions
    EMV at the Pump Webinar Before the Deadline: Thursday, January 21, 2021 at 2:00pm ET

    The clock is ticking with only a few months left until the EMV deadline, which places the responsibility on station owners for all fraudulent activity at pumps that don’t support EMV. Join us to learn about the numerous options to upgrade your pumps and protect your stations. We will provide field examples of retrofit installations and even installs with no kits. Whether it is a full pump replacement or a cost-effective, simplified retrofit, it will be critical that every station upgrades. 

    Click here to register.

    A retrofit, semi-integrated payment solution is cost-effective and helps eliminate touch points at the pump with contactless capabilities. The lower price is much more manageable for stations even during this time. 

    Unable to attend the webinar or prefer a one-on-one to learn about retrofit solutions? We would love to set up a call! Reach out here or call 844-319-5635. Stay connected with us through social media and visit us hereSound Payments is a EMA Corporate Gold Partner. 

    EMA’s Marketer Defense Fund Names Top 2020 Association Contributors

    Energy Marketers of America would like to take this opportunity to acknowledge the Top Three Associations for their achievement to their state’s contributions to our 2020 Marketer Defense Fund (MDF): 

    1. Florida Petroleum Marketers Association Inc. (FPMA) who raised $9,280

    2. Tennessee Fuel & Convenience Store Association (TFCA) who raised $5,744

    3. North Dakota Petroleum Marketers Association (NDPMA) who raised $4,565 

    This national program does not set annual state goals like EMA’s Small Business Committee Political Action Committee (SBC PAC). Unlike PAC funds, the MDF Program does not make donations to candidates. Therefore, corporate donations are acceptable, and the monies raised for this special fund 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. 

    PMAA values every donation we receive, especially in the challenging year, and will continue to appreciate any additional support. Click here to donate and find out more about this program. Please contact Susan Isard at 703-351-8000 with any additional questions.