• EMA Weekly Review

  • EMA Weekly Review

    Energy Marketers of America weekly update on important national industry news
    April 22, 2022  [WR-22-16]
     
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    Quick Links to Articles for April 22, 2022

     
    NFPA Standards Council Rejects Overly Restrictive Fire Safety Rules for EV Charging at Gas StationsEPA Proposes New RFS Renewable Fuel Pathway for Canola Oil Used as Diesel Fuel, Heating Oil, Jet Fuel and LPG
    Biden Administration Launches New Initiatives to Address National Truck Driver Shortage
    Lawmakers Urge Visa and Mastercard to Call Off Planned Swipe Fee Increases
    Another Democrat Price Gouging Bill Introduced
    Biden Re-Opens Oil and Gas Leases
    CISA, DOE, NSA, and FBI Publish Joint Advisory for Energy Sector
    Weekend Reads
    Please Make Your FINAL PLANS Now for EMA’s Washington Conference and Day on the Hill: May 17-19, 2022
    Sign-in to C2Auction to Purchase PAC Raffle Tickets for a Chance to Own Arnold Palmer, Tiger Woods, & Jack Nicklaus “Masters Champions” Picture
    Federated Insurance Employment Practices Network HR Question of the Month
    Check Out EMA Journal Anytime Online
    Federated Insurance: Risk Management Corner
    Promote Your Products or Services in EMA’s Online Buyer’s Guide
     
    Articles for April 22, 2022
     
    NFPA Standards Council Rejects Overly Restrictive Fire Safety Rules for EV Charging at Gas StationsRecently, the NFPA Standards Council voted not to issue the proposed Tentative Interim Amendment (TIA) which would have added a new section to the 2021 edition of NFPA 30A (Code for Motor Fuel Dispensing Facilities and Repair Garages) regulating the placement of Electric Vehicle (EV) charging stations at motor fuel dispensing facilities. A TIA generally serves as an emergency recommended amendment to an existing NFPA standard that has not gone through the formal standard revision process. The TIA failed to achieve the necessary support of the Technical Committee on both its technical merit and emergency nature when balloted prior to submission to the Standards Council. As a member of the Technical Committee, EMA submitted a “no” vote on the TIA.

    As justification for its vote on the TIA and in public input on the TIA, EMA submitted detailed comments outlining its specific concerns with the proposal including provisions requiring setbacks from excluding property lines, buildings and other areas of a motor fueling facility. These concerns raised the potential for the unintended consequence of excluding motor fueling facilities from the opportunity to be part of the development of an EV charging infrastructure. Instead, EMA urged NFPA to wait to develop a EV charging installation standard during the normal 2024 revision cycle for NFPA 30A rather than through a temporary interim amendment. In this way, marketers would have sufficient time to comment and collaborate with NFPA on the standard so that it does not unduly restrict installation of EV chargers at retail gasoline stations.

    NFPA 30A is currently in the midst of the 2024 revision cycle and is accepting public input on the proposed amendments to the 2024 edition of NFPA 30A which include proposed requirements for the installation of EV chargers at motor fuel dispensing facilities. EMA will be submitting comments on the EV charging and other proposals and will continue to work with the Technical Committee to prevent the adoption of overly restrictive requirements for EV charging.
    EPA Proposes New RFS Renewable Fuel Pathway for Canola Oil Used as Diesel Fuel, Heating Oil, Jet Fuel and LPGThe EPA issued a proposed rulemaking this week to approve new Renewable Fuel Standard (RFS) pathways for biofuels that are produced from canola/rapeseed oil. Only biofuels meeting EPA threshold greenhouse gas (GHG) emission reductions are eligible for the RFS program. The EPA assessed the GHG emission from canola/rapeseed biofuels produced via hydrotreating for use as diesel fuel, heating oil, jet fuel, naphtha and LPG. The EPA found these fuel pathways meet the lifecycle GHG emissions reduction threshold of 50 percent required to qualify as advanced biofuels (D5 RIN) and biomass-based diesel fuel (D4 RIN).

    Renewable diesel made from canola/rapeseed oil is a “drop-in” biofuel that is chemically the same as petroleum diesel, with excellent cold-flow properties and can be used in existing transportation vehicles at 100 percent replacement without blending. The new canola/rapeseed oil pathways would level the playing field among vegetable oils and fats in the biofuel market, give canola farmers new channels for their crops in times of surplus production and provide renewable fuel producers diversified feedstock options.

    According to the EPA, approximately 200 million gallons of canola oil-based renewable diesel, jet fuel, naphtha, LPG and heating oil will be consumed in the United States during 2022. That volume will triple by the end of 2023. The Energy Information Administration expects total U.S. renewable diesel production will total 5.1 billion gallons per year by the end of 2024, up from just 600 million gallons in 2020.
    Biden Administration Launches New Initiatives to Address National Truck Driver ShortageThe Biden Administration is launching a new series of initiatives aimed at increasing the number of qualified CDL drivers available to motor carriers nationwide. The “Trucking Action Plan” (Plan) is designed to draw new CDL drivers into the profession and retain those currently employed in an effort to eliminate the current 80,000 driver shortfall nationwide. The Departments of Transportation and Labor will be spearheading the effort with specific driver recruitment and retainment initiatives, stakeholder meetings, listening sessions and regulatory reform. The Plan will address an array of issues, including low pay, regulatory processing delays long hours that force drivers and potential applicants into other professions. The goal is to support and expand access to quality driving jobs that attract new drivers, according to the Administration. Click here for the details.
    Lawmakers Urge Visa and Mastercard to Call Off Planned Swipe Fee IncreasesRecently Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, Senator Roger Marshall, M.D. (R-KS), and Representatives Peter Welch (D-VT) and Beth Van Duyne (R-TX) sent a bipartisan, bicameral letter to the CEOs of Visa and Mastercard urging the companies not to proceed with plans to raise their interchange fee rates.

    In 2021, according to the Nilson Report, Visa and Mastercard charged merchants a total of $77.48 billion in credit card fees and $28.06 billion in debit card fees. These fees, the majority of which are interchange fees, are deducted out of transaction amounts for credit and debit card purchases and are ultimately borne by consumers in the form of higher prices for goods and services.

    The Wall Street Journal reported that Visa and Mastercard are planning to increase their interchange fee rates later this month, after previously delaying fee increases in response to letters from Durbin and Welch. These planned fee increases reportedly will apply to a variety of types of transactions, including many types of online purchases as well as in-store purchases in retail settings. The Visa/Mastercard duopoly dominates the U.S. payment cards market, combining to hold about a 70 percent share of card purchase volume.

    The letter said in part, “We urge you to withdraw your plan to raise credit and debit card fees on American business owners and hard-working American families. As Americans are dealing with the highest rate of inflation in decades, your profits are already high enough and any further fee increase is simply taking advantage of vulnerable Americans.”

    Full text of the letter is available here.
    Another Democrat Price Gouging Bill IntroducedYesterday, Reps. Val Demings (D-FL), Jerry Nadler (D-NY), David Cicilline (D-RI) and Kathy Castor (D-FL) introduced legislation “The Oil and Gas Industry Antitrust Act” which calls on the Federal Trade Commission (FTC) to conduct an investigation “to determine if the price of gasoline is being manipulated by reducing refinery capacity or by any other form of market manipulation or artificially increased by price gouging practices.” In conducting the investigation, the FTC may consider “the impact of mergers and acquisitions in the oil and gas industry, including mergers and acquisitions involving producers, refiners, transporters, and gas stations.” The FTC must report to Congress within 270 days of enactment a report on the investigation, plus long-term strategy for the Commission and Congress to address oil and gas markets during times of national or international crisis or emergency. Even if the House passes the bill, it is likely dead on arrival in the Senate.
    Biden Re-Opens Oil and Gas LeasesOn Monday, the Biden Administration published sales notices for oil and gas leases in June on public lands in six states. In its’ announcement, the Department of Interior said it would proceed with the sales, but with diminished acreage and steeper royalties for oil and gas companies. Still though, this is a sharp policy reversal for Biden and a step forward toward true energy independence. To read the entire article, click here.
    CISA, DOE, NSA, and FBI Publish Joint Advisory for Energy SectorThe Cybersecurity and Infrastructure Security Agency (CISA), Department of Energy (DOE), National Security Agency (NSA), and Federal Bureau of Investigation (FBI) released a joint Cybersecurity Advisory to warn that certain advanced persistent threat (APT) actors have exhibited the capability to gain full system access to multiple industrial control system (ICS)/supervisory control and data acquisition (SCADA) devices.

    DOE, CISA, NSA, and the FBI urge critical infrastructure organizations, especially Energy Sector organizations, to review the advisory for specific products affected, implement the detection and mitigation recommendations to detect potential malicious APT activity, and harden their ICS/SCADA devices.

    In addition to reviewing this joint advisory, CISA encourages critical infrastructure executives and senior leaders to review their “Shields Up” webpage at www.cisa.gov/shields-up. Also, organizations should share information about incidents and unusual activity with CISA’s 24/7 Operations Center at report@cisa.gov or (888) 282-0870.
    Weekend Reads:Oil Trade Group Drafts Carbon-Tax Proposal That Could Raise Prices at the Pump
    AFPM CEO—Fuel Waivers won’t Solve Energy Price Challenges

    How a Wonky Metric Became the Proxy War on Climate Change
    Please Make Your FINAL PLANS Now for EMA’s Washington Conference and Day on the Hill: May 17-19, 2022EMA’s annual Washington Conference and Day on the Hill will be held in Washington, DC from May 17-19 at The Mayflower Hotel. Our industry continues to have dozens of important legislative and regulatory issues to discuss and the Day on the Hill continues to be the primary focus of this conference. While there will be a different process for Hill visits, we are thrilled to be able to host this event after two years of distancing.

    You can find all available details for Washington Conference and Day on the Hill herePlease email any cancellations or arrival and departure changes to Susan Isard, who will manage them with The Mayflower Hotel so we are sure they are handled properly and stay in the EMA room block. We are excited that over 214 members and Corporate Partners have made hotel reservations and over 166 members, their guests and Corporate Partners have registered for the meeting. Reservation and registration deadline is April 25, 2022 or until sold out or at capacity, whichever comes first!

    See you in DC next month! 
    Sign-in to C2Auction to Purchase PAC Raffle Tickets for a Chance to Own Arnold Palmer, Tiger Woods, & Jack Nicklaus “Masters Champions” PicturePurchase your EMA Small Business Committee (SBC) PAC raffle tickets now for an opportunity to win your own Arnold Palmer, Tiger Woods, and Jack Nicklaus picture.
    If you love playing golf you will appreciate this 11x14 framed photo of the greatest golfers in the world “Masters Champions” Arnold Palmer, Tiger Woods, and Jack Nicklaus. It is also backed by SportsMemorabilia.com’s authenticity guarantee.

    The EMA SBC PAC will hold the raffle during the Day on the Hill Meeting in Washington, DC on May 17-19 and the raffle winner will be identified during the Board Meeting on May 19. The winner does not have to be present to win. If you are not attending the conference, you will be notified the week following the May drawing if you are the fortunate owner of the Arnold Palmer, Tiger Woods, and Jack Nicklaus picture.

    The proceeds of the raffle will benefit the EMA SBC PAC. The money distributed to the PAC is used to benefit federal legislators who support the industry and have a solid record on key industry legislative issues.
    To participate in the EMA PAC auction raffle, please click here for instructions. Entries are $25 each or 5 for $100. Payments must be made by personal funds via MasterCard, VISA, American Express. A C2Auction Representative will be available onsite for assistance or you can contact Sabrina Pitcher at 703-351-8000.
    Federated Insurance Employment Practices Network HR Question of the Month
    Internal vs External Hiring?Federated Insurance’s HR Question of the Month focuses on employment-related practices liability issues. This month’s question is: We had an employee leave employment in one division of our company, leaving the position vacant. An employee from another division showed interest in the vacant position and emailed the managers to request an interview. The two managers had been planning to post the job externally and are thinking of not considering the internal applicant because her department is short-staffed, and her managers are already really struggling. Would there be any discrimination issues with not considering this internal candidate? Please click here to read the response.

    For additional information or to discuss this in further detail, please 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 Partner in EMA’s Board of Directors Council.

    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. © 2022 Federated Mutual Insurance Company
    Check Out EMA Journal Anytime OnlineEMA Winter Journal is the current issue onlineEMA Spring Journal is expected to be mailed in the late April/early May. You can take EMA Journal with you wherever you go. Scroll to select the articles that matter to you, then read, learn and share with the icons at the top of your screen. Looking for a past issue? Scroll through past covers on the left side of your browser or use our convenient search feature to find a particular topic. Miss flipping pages? Select "page view" from the menu bar or click the handy magazine icon for a classic page-turner. You can find our Annual Directory here which is featured in each Fall Issue.

    For information on advertising, please call 844.423.7272 or email Innovative PublishingAds for Summer 2022 advertising are due by June 3.
    Federated Insurance: Risk Management Corner
    Reviewing the OSHA Top 10Safety violations can occur in any number of ways, but there are plenty of opportunities to help create safer work environments. One way is to become familiar with the Occupational Safety and Health Administration (OSHA) Top 10 list, which accounts for the most frequently cited standards following inspections of businesses and work sites by federal OSHA. This helpful list can be used as a guide to learning what common risks to watch out for and accessing vital information to help avoid devastating — and costly — worker injuries or fatalities.

    To read about the most recent Top 10 violations, please click here
    For additional information or to discuss further, please contact your Federated regional representative or EMA’s National Account Executive Jon Medo at 800.533.0472. Federated is a Partner in EMA’s Board of Directors Council.
    Promote Your Products or Services in EMA’s Online Buyer’s GuideThe Energy Marketers of America (EMA) is pleased to announce that the exclusive EMA Buyers’ Guide, the premier resource of relevant products and services for energy marketers, is available on the EMA website at www.energymarketersofamerica.org.

    The EMA partnered with Strategic Value Media - a leading nationwide provider of print and digital media solutions for national, state and local trade and membership associations - to produce this resource. Like the 2021 version, the 2022 edition of the Buyers’ Guide will feature updated and expanded company and product listings, in addition to other valuable information relating to the energy marketing industry. Please read the full press release here.

    To learn more about advertising your products or services in the Buyers’ Guide, please email.