OPMCA Connection - Keeping You Informed!
OPMCA Connection keeps you informed and current on regulations from all state and national agencies as well as laws pertaining to the petroleum marketing/c-store industry.
Candace McGinnis
Executive Director 

Hannah Fite
Director of Member Services 

6420 N. Santa Fe, Suite B
Oklahoma City, OK 73116
Phone: (405) 842-6625 
(800) 256-5013 
Fax: (405) 842-9562
2017-2018 Board of Directors
Brian Lohman, Chairman 
 ASAP Energy Inc.

Jerry Davidson
Pete’s Corporation

Jason Flinn 
Flowers Oil Company

Mike Gramm 
Speedy's, LLC 

Kurtis Hutchinson
Hutchinson Oil Company

John Netherton
Danielson Fuel Services

Tommy Shreffler
OnCue Marketing, LLC

Rob Toth
Coffeyville Resources
2018 OPMCA Fall Outing
The 2018 OPMCA Fall Outing registration is now open! We hope you can join us in September!
Friday, June 29, 2018
  • Oklahoma Primary Election Results
  • UST Compliance Testing Delay
  • Reminder: Annual Hazmat Registration
  • 2018 OCC Requirements
  • Federated Insurance Educational Articles
Oklahoma Primary Election Results
Some of the most significant outcomes in this week's Oklahoma primary elections were the following:
  • As expected there will be a runoff in the Republican primary for Governor, between Former OKC Mayor Mick Cornett, R-OKC and Tulsa Businessman and first-time candidate Kevin Stitt, R-Tulsa. Lt. Governor Todd Lamb received 23.87% of the vote and finished a 3rd in the 10-candidate Republican primary. Cornett won 29.35%, followed by Stitt with 24.41%. None of the remaining seven candidates broke the double-digit barrier.
  • The very “vicious” Attorney General Republican primary will extend until the primary runoff on August 28th.  Current Attorney General Mike Hunter, R-Edmond will face opponent Gentner Drummond, R- Hominy. Hunter received 44.48% of the vote while Drummond received 38.46%. 
  • With the exception of State Insurance Commission, all other Statewide races will go into a runoff. State Rep. Glenn Mulready, R- Tulsa won the Republican primary for Insurance Commissioner and will face Democrat Kimberley Fobbs in November. 
  • 5 members of the self-proclaimed constitutional conservatives in the House “Platform Caucus” faced tough reelections, and two lost their re-election bids - - Rep. Chuck Strom, R-Ponca City and Rep. Scott McEachin, R- Tulsa. While the remaining 3 were forced into a primary runoff - - Rep. Dr. Mike Ritze, R –Broken Arrow, Rep. Sean Roberts, R- Hominy, and Rep. Tess Teague, R- Midwest City.
  • SQ 788 to allow Medical Marijuana in Oklahoma passed with a very strong showing with 56.84% of the vote. We expect a Special Session to follow in the coming weeks to clarify regulations for implementation. Current discussions range from making very few changes as “the voters have spoken” to perhaps delaying the implementation for as much as a year. The exact path forward is still to be determined. 
  • Six Republican legislative incumbents fail to advance out of primary election:
  • Sen. Ervin Yen, R-Oklahoma City, lost his primary bid to Joe Howell in SD 40. Yen captured just 39.95% of the vote to Howell's 60.05%.
  • The most surprising loss in the House might be Rep. George Babinec, R-Cushing. Babinec only received 28.57% of the vote in the HD 33 GOP primary. John Thomas Talley won the primary with 61.35% of the vote and will face Democrat Brandon Phillips in November.
  • Rep. Steven Vaughan, R-Ponca City, also saw a crushing defeat in the primary. In an interesting twist, former Democratic representative Ken Luttrell switched parties and won the HD 37 Republican primary with 57.93 % of the vote. Luttrell is now elected as there is no Democrat opponent in the race. 
  • Rep. Scooter Park, R-Devol, lost HD 65's GOP primary to Toni Hasenbeck. Hasenbeck, who received 51.85 % of the vote and will face Democrat Brandon Thompson in November.
  • Rep. Chuck Strohm, R-Broken Arrow, also lost his seat. Strohm received 36.30% of the Republican primary vote in HD 69 while his opponent, Shelia Dills, received 63.70%. She will face Democrat Andy Richardson in November.
  • Rep. Scott McEachin, R-Tulsa, lost the HD 67 GOP Primary to Jeff Boatman, who received 62.19% of the vote. Boatman will face Democrat Carly Hotvedt in November.
  • Ten Republican Legislative Incumbents were forced into runoffs:
  • Rep. Mark Lawson, R-Sapulpa, will face Kent Glesener in the August 28th runoff. The winner of that contest will claim the seat as there is no Democrat opponent. Lawson received 47.48% of the primary vote. 
  • Rep. Travis Dunlap, R- Bartlesville, received 46.11% of primary votes in HD 10 and will face Judd Strom in the primary runoff.
  • Rep. John Pfeiffer, R-Mulhall, received 42.55 % of the primary vote and will face Brian Hobbs in August. The winner of the runoff will win HD 38.
  • Rep. Jeff Coody, R-Grandfield, who received 39.71% of the vote in HD 63, will face Trey Caldwell, who received 39.08%, in the primary runoff election.
  • Rep. Tess Teague, R-Choctaw, received 37.99% of the vote in the HD 101 Republican primary while Robert Manger, one of three primary opponents, received 26.55%.
  • Rep. Sean Roberts, R-Hominy, received 33.04 % of the HD 36 primary votes. Louise Redcorn, received 32.13% of the vote.
  • Rep. Mike Ritze, R-Broken Arrow, came in second in the HD 80 Republican primary with 36.56% of the vote. Stan May received 39.47% of the vote
  • Rep. George Faught, R- Muskogee, received 44.61% of the vote and will face his opponent Chris Sneed who received 28.48%, of the vote in HD 14.
  • Rep. Jadine Nollan, R- Sand Springs, received 46.71% of the HD 66 vote and will face opponent Brian Jackson who received 36.63% of the vote.
  • Rep. Bobby Cleveland, R – Slaughterville, received 43.04% of the vote in HD 20 while opponent Sherrie Conley received 16.62% of the vote. 
Please click HERE to review the complete Primary Election results.
PMAA, NATSO, NACS and FMI Request UST Compliance Testing Delay
Last week, PMAA, along with the Food Marketing Institute (FMI), the National Association of Convenience Stores (NACS) and the National Association of Truck Stop Operators (NATSO), requested a short delay in the 2015 UST final rule compliance deadline for the testing of sumps, spill buckets and overfill prevention devices until October 13, 2024. The associations argued, “In light of the 10-year compliance period provided by OUST for the initial 1988 UST upgrade requirements, we believe a six-year deadline extension for the specific UST equipment mentioned above is both reasonable and necessary for small business UST operators to adequately comply in an orderly manner.” Click here to read the letter. 

“This letter represents a unified front among our associations which demonstrates that delaying the compliance deadline for these specific UST system components is necessary to help small business petroleum marketers,” said PMAA President Rob Underwood. Late last year, PMAA sent a letter to the EPA asking for the delay. Click here to read the letter.  

Earlier this month, members of the U.S. Senate sent a bipartisan letter to EPA Administrator Scott Pruitt requesting that the compliance deadline in the 2015 underground storage tank amendments for containment sumps, spill buckets and overfill prevention equipment operability testing be delayed until October 13, 2024. The letter was led by Senator Jerry Moran (R-KS). Meanwhile, members of the House Energy and Commerce Committee spearheaded by Rep. Tim Walberg (R-MI) also sent their own letter. PMAA supported both letters which would allow tank owners and operators adequate time to acquire the capital needed to pay for the compliance costs associated with the initial testing requirements.

Click here to read the House letter and here to read the Senate letter.


BACKGROUND : The U.S. DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) requires hazardous material transporters to register and pay a fee each year in return for a certificate of operation. PHMSA began mailing the 2018-2019 registration information to HAZMAT transporters earlier this month. Only those with expiring DOT PHMSA HAZMAT registration certificates must re-register before July 1, 2018 or risk losing authority to operate and pay substantial civil penalty. Petroleum marketers should check their HAZMAT certificate for the expiration date as multiple year reservations are offered and 2018 may not be your expiration date. The validity of HAZMAT registration certificates is checked at roadside inspections.

Who must register and pay the fee?
  • HAZMAT Transporters - Any business (intrastate or interstate) shipping hazardous materials requiring a U.S. DOT placard must register each year and pay the fee. Petroleum marketers who ship their products in trucks must register and pay the fee.

What happens if I don’t register?
  • Loss of Operating Authority - If you fail to register by the deadline then you lose your authority to operate your trucks in both intrastate and interstate commerce. Your authority to operate is the certificate you receive from PHMSA once you register and pay the fee. A current certificate must be kept in the cab of each HAZMAT vehicle at all times. If you are subject to a roadside inspection or DOT audit and do not have a current certificate your authority to operate will be revoked and you could be fined up to $50,000.

Why is the U.S. DOT collecting the fee?
  • Emergency Response Funding -The money collected from the registration program is given back to state emergency response authorities in the form of training grants for fire and police and emergency preparedness organizations.

How do I know my registration is current or not?
  • Registration Look-up - Registration status may be checked online by clicking here: Look Up. Enter either your company name, U.S. DOT number or zip code in the data fields provided to check whether your HAZMAT registration certificate is current.

How do I register?
There are several ways to file HAZMAT registrations:
  • U.S. Mail - You must register by filling out the 2016-2017 registration application and sending it by U.S. Mail to PHMSA (along with the required fee). PHMSA generally mails new registration forms out to all registrants. If you have not yet received a form for the 2016-2017 registration year, one may be downloaded from the Internet by clicking here: Registration Form
  • Online Registration - Online registration is available by clicking here: Online Registration. Online registration allows you to register, pay the fee and download your operating certificate.

When is the HAZMAT registration deadline?
  • The Deadline for filing for the 2018-2019 registration period is July 1, 2018.
  • Important! Since HAZMAT registrations can be multiyear, not all certificates will expire on July 1, 2018. Check the expiration date on your registration certificate before renewing your registration.

What documentation should I put in my trucks after July 1, 2018?
  • Place a photocopy of the updated registration certificate in the cab of each HAZMAT motor vehicle by July 1, 2018.

How much is the annual HAZMAT registration fee?
The annual registration fee is based on business size:
  • Small Business Registration Fee - For registration year 2018-2019 the fee for small businesses is $275 for one year; $525 for two years (2018-2020) and $775 for three years (2018-2021).
  • Large Business Registration Fee - For registration year 2018-2019 the fee for large businesses is $2,600 for one year.

How do I determine the size of my business so I know which fee to pay?
  • Business Size Calculation for Determining the Fee Amount - It is very likely that your business qualifies for the lower registration fee. Determining size is left up to the company applying for the registration certificate. PHMSA follows Small Business Administration (SBA) size categories to classify whether a business is large or small for the purposes of determining the amount of the annual registration fee. The SBA determines business size according to NAICS (North American Industrial Classification System) codes based on either the number of employees in the company or on annual gross receipts. The following NAICS codes and size criteria apply when calculating which fee to pay:
  • NAICS CODE 424710 - Petroleum Bulk Stations or Terminals: Petroleum marketers in this category are considered small businesses and must pay the $275 fee if the company employs fewer than 100 employees.
  • NAICS CODE 424720 - Petroleum and Petroleum Product Wholesalers (no bulk storage): Petroleum marketers in this category are considered small businesses and must pay the $275 fee if the company employs fewer than 100 employees.
  • NAICS CODE 454311 - Heating Oil Dealers: Heating oil dealers in this category are considered small businesses and must pay the $275 fee if the company employs fewer than 50 employees.
  • NAICS CODE 454312 - Liquefied Petroleum Gas Dealers: Propane dealers in this category are considered small businesses and must pay the $275 fee if the company employs fewer than 50 employees.

What if I registered as a large business but now I qualify for the small business fee?
  • If your business circumstances have changed and you now qualify for small business status under the HAZMAT registration fee, contact the PHMSA Hazardous Material at (800) 467-4922.

What if my company was involved with a merger, acquisition or name change since the last registration period?
  • The general rule is that HAZMAT registration certificates are non-transferable in any merger, acquisition, sale of assets, or other business transaction. If a company purchases a company that is registered, the purchasing company would need to register. Also, certificates of registration are non-transferrable in bankruptcy proceedings, and thus, a debtor may not use a certificate as an asset to sell in order to drive up the purchase price. If a company’s name changes, but the same legal structure is maintained, then an amended certificate must be filed within thirty days of the change. For more information on the conditions under which you must amend your registration certificate click here.
  • If a company name changes but the same legal structure is maintained then an amended certificate must be sent to PHMSA within 30 days of the change. You may submit an amendment through the Internet or on the paper form by marking “Amendment to Registration,” entering the “Current Registration #,” recording the new name or address in items 2 and 3, and completing and signing item 10, “Certification of Information.” Attach a copy of the original certificate of registration to the amended form. Send amendment using paper form to:

U.S. Department of Transportation Hazardous Materials Registration
PO Box 530273
Atlanta, GA 30353-0273

Online amendment registration or in the alternative, a mail-in registration amendment form can be accessed my clicking here: Registration Amendment.

Where can I find additional information?
  • Questions about the Hazardous Materials Regulations including Registration: (800)467-4922 or e-mail INFOCNTR@dot.gov.
  • Status of Registration Application: (800)942-6990 or (202)366-4109
  • Internet Registration Assistance: (202)366-4109
  • Questions about the SBA Size Standards: Use the links to SBA at: http://www.phmsa.dot.gov/hazmat/registration.

2018 OCC Requirements
October 13, 2018 is the deadline for new operation and maintenance requirements for owners and operators of underground storage tank systems for inspections of overfill prevention equipment, spill prevention equipment testing, containment sump testing, testing of release detection equipment, and walkthrough inspections. OCC has posted an information sheet and forms you can download at no cost from their website. Please note that some of these requirements begin October 13, 2018, but some must have the first inspection and/or test conducted by October 13, 2018. For complete information and to download the free forms go to the Classes, Forms and Guidance tab on the Petroleum Storage Tank Division's webpage at www.occeweb.com and click on the Compliance link.
Liquid Tightness Tests for Spill Buckets and Containment Sumps: Click HERE
Overfill Equipment Inspection Recordkeeping form: Click HERE
Release Detection Testing Recordkeeping form: Click HERE
30-Day Walkthrough Inspection Checklist: Click HERE
Federated Insurance June Educational Articles
Bonus for not using sick time okay?
Click HERE to view the HR Question of the Month

Risk Management Academy:

It's Your Life: