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 May
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
2020-2021 Board of Directors

Kurtis Hutchinson, Chairman  
 Hutchinson Oil Company

Jerry Davidson
Pete's Corporation

Teresa Hollenbeck
Red Rock Distributing Company

John Netherton
Danielson Fuel Services

Jason Flinn
Flowers Oil Company

Rob Toth
Coffeyville Resource
2020 Fall Outing Registration Now Open!
We are excited to get the OPMCA membership together for the 2020 Fall Outing hosted at the Shangri-La Golf Club and Resort located on Grand Lake! Members will once again enjoy two days of golfing, dinner and reception and a two-hour yacht charter. We have a special celebration planned to honor our incoming chairman Kurtis Hutchinson as well!

We hope you can join us in September!
Click Here to View all PMAA Coronavirus Related Resources for Petroleum Marketers Including all Regulatory Reports
Wednesday, July 15, 2020
  • 2020 OPMCA Fall Outing Survey

  • Apply Now for ChargeOK Grant Program Round 2

  • PMAA Priorities Report July 2020

  • PMAA Comments on EPA Fuel Regulation Streamlining Proposal

  • Congress Extends Paycheck Protection Program (PPP) Deadline until August 8th

  • FMCSA Announces Conditional Enforcement Discretion for Random Drug and Alcohol Testing Requirements

  • U.S. Supreme Court Decision Defining "Indian Lands" in Oklahoma

  • Federal Reserve’s $600 Billion Main Street Lending Program Fully Operational

  • PMAA Signs Letter Supporting PPP Small Business Forgiveness Act

  • Federated Insurance Complimentary Webinar
Please Take Our 2020 OPMCA Fall Outing Survey!
The 2020 OPMCA Fall Outing is quickly approaching with just two months to go! We are hopeful we will still be able to host a wonderful event, but more than anything care for the health and safety of our members.

Please take the time to fill out the following survey on the 2020 OPMCA Fall Outing to help us better plan given the current circumstances. Thank you in advance for taking the time to complete our survey, we value your feedback!
Apply Now for ChargeOK Grant Program Round 2
Apply Now for FY2021 ChargeOK – Oklahoma Electric Vehicle Charging Grant Program

The Oklahoma Department of Environmental Quality (DEQ) along with the office of the Oklahoma Secretary of Energy and Environment (SOEE) are pleased to announce a second round of funding aimed at building out Oklahoma’s light-duty electric vehicle (EV) charging station network.

A full description of program requirements and eligible projects can be found in the Grant Solicitation at https://www.deq.ok.gov/air-quality-division/volkswagen-settlement/chargeok-oklahoma-electric-vehicle-charging-program Applications will be accepted from July 7, 2020, through September 8, 2020.

The ChargeOK Grant Program, funded by the Volkswagen State Environmental Trust, is offering approximately $1.1 million on a competitive basis for the purchase, installation, and operation of publicly accessible charging stations at 15 target locations in Oklahoma. Only projects located within 10 miles of the listed locations will be considered for the grant.

Altus, Alva, Atoka, Boise City, Broken Bow, Checotah, Clinton, Duncan, Hennessey, Hobart
PMAA Priorities Report July 2020
Please click HERE to view the full document with additional information on the following topics:

Top Issues
  • CDL Driver Shortage: Focus on Expanding the HOS Short Haul Exception
  • Surface Transportation Reauthorization/Electrification of Heating Fuels
  • Liability Protection from COVID-19 Lawsuits
  • Disaster Planning/PMAA Disaster Fuel Response Program
  • RFS Reform, E15 Description/Labeling
  • Swipe Fees and Litigation
  • Reducing UST Compliance Costs
  • Diesel Fuel Quality
  • Placarding
  • Tobacco Issues

Secondary Issues
  • CAFE Standards 
  • Tax Extenders/Biodiesel Tax Credit
  • Cougar Den of the Yakama Native American Tribe
  • Retrofit of Cargo Tanks with Side Underride Protection
  • NORA Reauthorization 
  • Meal and Rest Breaks for Motor Carriers
  • Method 27 -- Determination of Vapor Tightness of Gasoline Delivery Tank Using Pressure Vacuum Test
  • LIHEAP Funding
  • On-Demand Fueling
  • Consumer Data Privacy Principles

**Please note that the alternative energy grant program, rest area commercialization and EV Tax credit were combined under the Surface Transportation Reauthorization bullet point.

**New top issues include: COVID-19 liability protection.

**Top issues moved to Secondary Issues include: CAFE Standards; Tax Extenders/Biodiesel Tax Credit

**For all COVID-19 updates including PMAA Regulatory Alerts, information on the Paycheck Protection Program and additional Small Business Administration updates, please click HERE.

PMAA Comments on EPA Fuel Regulation Streamlining Proposal
PMAA submitted comments earlier in July on an EPA proposed rule that would streamline and reorganize the agency’s fuel regulations. The proposed rule will result in a major reorganization of the EPA fuel regulations but with few substantive changes that would impact downstream fuel marketers. PMAA’s comments were generally supportive of the streamlining and reorganizational changes but with a few cautionary reservations.

RFG, RVP, BOB and Neat Gasoline
PMAA supported, with reservations, the EPA’s proposal to combine existing RFG, RVP, diesel sulfur and E15 retail fuel quality surveys into one test. The change would reduce the number of retail surveys from 18,000 retail sites to just 5,000 sites nationwide according to the EPA. However, PMAA expressed concern that the EPA is not adequately testing for fuel quality above the terminal rack, leaving retail marketers exposed to liability for off spec fuels that may originate upstream. PMAA commented in favor of EPA’s proposal to express the summertime RFG standard for VOCs as a 7.4 RVP cap and allow for the co-mingling of conventional gasoline and wintertime RFG because it would increase downstream fungibility of the two fuels. The EPA is also proposing to allow downstream parties to redesignate BOB when more oxygenate is added than indicated on PTDs without triggering an array of onerous regulations that typically apply to upstream parties. PMAA supported the provision because it would clarify downstream parties’ obligations for higher blend ethanol blending.

Diesel Fuel and Heating Oil
PMAA supported the removal of obsolete regulatory language regarding ULSD sulfur warnings on PTDs and dispenser labels now that the transition to 15ppm diesel fuel and kerosene is complete, except for locomotive and marine diesels. PMAA supported revision of several important heating fuel provisions that would make distillates more fungible. The EPA is proposing to simplify downstream redesignation of diesel fuel to heating oil and vice versa provided cetane and aromatic standards are met. This change would make it easier for heating fuel dealers to use diesel fuel designated on PTDs as 15ppm as heating oil without triggering major regulatory requirements. Also, PMAA supported the EPA’s proposal to lift its ban against the presence of red dye in motor vehicle diesel fuel. The EPA currently requires higher sulfur distillates to be dyed red to prevent on-road use which is restricted to 15 ppm sulfur. The EPA said the red dye ban is no longer needed now that nearly all diesel fuel and heating oil is 15ppm. PMAA supports the change because it would make distillates more fungible. The IRS red dye requirements for nontaxable distillates is not affected by the EPA proposals. Finalization of the streamlining proposal is expected later this year.

Congress Extends Paycheck Protection Program (PPP) Deadline until August 8th
At the beginning of July, Congress approved a bill to extend the $660 billion Paycheck Protection Program through August 8th. The application period expired at 11:59 p.m. on June 30 with about $130 billion in PPP funds left over. The bill does not make any broader changes to the Paycheck Protection Program. The White House has indicated that the President will sign the bill into law.

Click here for more information about the Paycheck Protection Act.
FMCSA Announces Conditional Enforcement Discretion for Random Drug and Alcohol Testing Requirements
The Federal Motor Carrier Safety Administration (FMCSA) announced it will exercise conditional enforcement discretion for employers unable to comply with certain FMCSA random drug and alcohol testing requirements due to the COVID-19 emergency.

Click here to read the full PMAA Compliance Bulletin.

U.S. Supreme Court Decision Defining "Indian Lands" in Oklahoma
Last week, the U.S. Supreme Court issued its decision in McGirt v. Oklahoma, a case that could have a major impact on Indian tax issues in Oklahoma, and possibly in other States with large Indian reservations. The case involved the conviction in an Oklahoma state court of Jimcy McGirt, who was accused of serious sex crimes. McGirt argued that the State lacked jurisdiction to prosecute him because he is a member of the Seminole Nation and his crimes were committed on the Creek Reservation. The Major Crimes Act provides that any Indian who commits a crime in “Indian country” is subject to prosecution in the federal courts and may not be tried by a State.

The Supreme Court defined Indian country in this case to mean the area comprising the original Creek Reservation, which was ceded to the Creek Nation by Congress in 1852. In a surprise to many, the U.S. Supreme Court defined the area as comprising one-half of the State of Oklahoma, including eastern Oklahoma and the city of Tulsa. The court based its decision on the language of the original treaties and acts of Congress creating the Creek reservation, and it rejected the State’s arguments that encroachments by non-Native Americans over generations have altered the rights of the Creek. Many of the State’s arguments were based on the widespread ramifications of a decision that one-half of the State of Oklahoma is on the Creek reservation. The Supreme Court, however, was not persuaded by the State’s parade of horrors, holding that only the original interpretation of the treaties and laws creating the reservation are relevant to the issue.

The decision could impact the State of Oklahoma’s ability to tax Indian businesses in parts of the State that were, up until now, considered outside of Indian territory. It could, in fact, extend to the imposition of excise taxes on motor fuels sold in urban areas like Tulsa. It could also impact other States where Indian lands are viewed by the State as being considerably smaller now than they were when the original grants were made over a century ago. According to the Supreme Court, these original grants are not affected by non-Native American encroachment over generations, and arguments that large swaths of the reservation were abandoned by tribes as non-Native Americans people moved in and laid claim to the land.

Federal Reserve’s $600 Billion Main Street Lending Program Fully Operational
The U.S. Federal Reserve said last Monday that the Main Street Lending Program (MSLP) is fully operational. The Federal Reserve Bank of Boston also announced its intention to publish in the coming days a state-by-state listing of lenders accepting new business customers under the Main Street program and electing to be listed. As required by the program, lenders will assess a borrower for a Main Street loan based on meeting the terms of the program and the lenders’ own underwriting standards, as part of evaluating financial condition and creditworthiness. Lenders’ loan approvals are contingent on those factors.
Business borrowers must apply for MSLP loans through participating local banks. The Federal Reserve will purchase back 95% of loans from eligible lenders. Loans are available until September 30, 2020. Eligible borrowers include businesses with 15,000 employees or fewer: or businesses with 2019 revenues of $5 billion or less. Eligible lenders include participating federally insured depository institutions including, banks, credit unions and savings and loans institutions. Borrowers have 5 years to repay a loan made under the MSLP program. Principal and interest payments on the loans will be deferred for up to two years, with 33% payments due in each of the years following that for new loans. Borrowing limits on secured or unsecured loans start at a minimum of $250,000 up to a maximum of $50 million. The interest rate on the loan is LIBOR plus 3%.

Unlike the federal PPP and EIDL Advance emergency loans, MSLP loans must be paid back in full. Lenders and borrowers can visit www.bostonfed.org/mslp to find program information, including frequently asked questions, and can subscribe for e-mail updates. Inquiries about the program can be emailed to MSLP@bos.frb.org .

PMAA Signs Letter Supporting PPP Small Business Forgiveness Act
Last week, PMAA joined other members of the Small Business Legislative Council (SBLC) in sending a letter of support for the Paycheck Protection Program (PPP) Small Business Forgiveness Act, which would provide automatic forgiveness for PPP loans of under $150,000. PMAA supports proposals like this that simplify forgiveness for smaller PPP loans.

Click here to read the letter.

Federated Insurance Complimentary Webinar
Cannabis in the Workplace — Part 2
Tuesday, July 21, 2020, 12:00 p.m. CT
60 minutes | Advance registration required

This second of a two-part series on cannabis in the workplace will cover safety-sensitive positions, drug testing, and drug policies. Practical examples will provide fresh, up-to-date insight on how employers are meeting these challenges. We will review the latest legal challenges and provide practical tips your organization can use today.

This webinar is approved for one HR (General) recertification credit hour toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®).

Recommended Participants: HR Professionals, Risk Managers, Managers, and Supervisors