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
OPMCA Round Table Meetings go Virtual!

Please join us via Zoom on Thursday, Oct. 22nd at 11 am! We will be discussing topics such as the upcoming OPMCA year and all things you need to know for the election. If you are unable to attend at that date and time, we will be recording the meeting and posting the saved recording to our website.
OPMCA Welcomes New Member:
GetUpside is a startup that personalizes brick-and-mortar commerce to help communities thrive. They identify which nearby customers aren't visiting your station and c-store, and use personalized cash back offers via their mobile app to attract them to your location. These unique offers are based on the data you already have, and your profit is guaranteed.

For more information, contact:

Malina Pelitera
1701 Rhode Island Ave., Washington D.C. 20036
Phone: 512-573-5770
Email: mailina@getupside.com
Click HERE to visit their website
Click Here to View all EMA Coronavirus Related Resources for Petroleum Marketers Including all Regulatory Reports
Thursday, Oct. 15, 2020
  • PMAA Name Change

  • Reminder: Short-Haul Driver Hours of Service Amendments Now Effective

  • OCC Chapters 15, 25, 26, 27 and 29 effective 10/1/2020

  • EMA Urges State and Local Governments to Help Resolve IRS UV Claim Backlogs

  • EPA grants Oklahoma environmental regulatory authority in Indian Country

  • Relentless Hurricane Season Continues, FMCSA Issues Multi-State Hours of Service Waiver in Response to Hurricane Delta

  • NACS Crack the Code Experience: November 2 - December 4, 2020

  • Federated Insurance Complimentary Webinar
PMAA Name Change
Petroleum Marketers Association of America (PMAA) is now The Energy Marketers of America (EMA)!

Energy Marketers of America Name Change Reflects Growing Portfolio of Liquid Fuels Industry

Trade association’s portfolio includes affordable, environmentally friendly fuels such as renewable diesel and biodiesel.

The Energy Marketers of America (EMA) announced Tuesday a new era for the trade association previously known as the Petroleum Marketers Association of America. The name change is reflective of the group’s growing portfolio of affordable, efficient, and environmentally friendly liquid fuels and other alternative energy sources that are helping to reduce emissions while propelling Americans forward.

Liquid fuels have played a critical role in lowering emissions over the past half century, and through innovation and technological advancement, they will continue to reduce emissions further in the coming decades. Investments in cleaner liquid fuels helped reduce U.S. air emissions by 73 percent from 1970 to 2016, even as total miles driven nearly tripled. Innovative technologies will ensure liquid fuels are part of a lower-emission future for decades to come.

“Liquid fuels are and will continue to be a crucial driver of economic growth in this county and a catalyst for affordable transportation,” EMA President Rob Underwood said. “EMA spans 47 states, our members own and operate 60,000 fuel stations across the country, and they supply heating fuel to more than 5 million American homes and businesses. The small businesses they represent provide thousands of jobs and help Americans get where they need to go as well as keep them warm during the winter.”

While much progress has already been made, EMA believes that addressing improvements in fuel efficiency and the carbon value of the fuel will yield significant gains for the environment. Policies and funding to reduce carbon emissions should be spread over all carbon sources and be applied to all fuels and energy sources equally. Research and funding for reductions in carbon emissions associated with liquid fuels should be treated with the same urgency as afforded to electrification, particularly since about 98% of vehicles sold in 2019 still rely on liquid fuels. Additionally, EMA supports policies and programs which allows the oilheat industry to provide more efficient and reliable heat and hot water to American consumers.

“Lawmakers should consider a technology neutral approach when it comes to promoting policies that reduce emissions,” Underwood said. “The most cost-effective way to reduce emissions from transportation is to support technologies that do so for the vast majority of vehicles on the road.”

Reminder: Short-Haul Driver Hours of Service Amendments Now Effective
The Federal Motor Carrier Safety Administration’s (FMCSA) long awaited CDL hours of service (HOS) amendments for short-haul drivers are effective as of 9/29/20. The FMCSA issued an HOS final rule earlier this year that adopted several provisions requested by EMA that provides regulatory relief for short haul drivers. The final rule adopted the following EMA reforms:

  • Expands the short haul driver exception from recording driver hours of service from 100 air-miles to 150 air-miles.
  • Increases the maximum daily on duty time for short haul drivers from 12 hours to 14 hours.
  • Extends the maximum daily 11 hour driving window by two hours during adverse weather conditions and allows drivers (in addition to dispatchers) to determine if the weather conditions exist to trigger the extension.

These reforms are important for motor fuels and heating fuels marketers because the majority of drivers they employ are short-haul drivers. The reforms provide short haul drivers additional on duty time and expanded operating range without losing their current exception from having to record daily hours of service. In addition, many long haul drivers may now be reclassified as short haul drivers so long as they stay within the newly expanded 150 mile air radius limitation. As a result, these former long-haul drivers are no longer required to use electronic on-board HOS recorders mandated by the FMCSA several years ago. Instead, their HOS can now be demonstrated the same way as all short-haul drivers - by timecards and/or other business records if requested by the DOT during an audit. This will reduce the recordkeeping burden on both motor and heating fuels marketers and provide them with more flexibility to schedule drivers while adding a significant number of on-duty hours per company across all drivers.

EMA Staff Contact: Mark. S. Morgan, Regulatory Counsel markmorgan@verizon.net

OCC Chapters 15, 25, 26, 27 and 29 effective 10/1/2020
Following a successful rulemaking process, the modified rules for Chapter 15 Fuel Inspection, Chapter 25 Underground Storage Tanks, Chapter 26 Aboveground Storage Tanks, Chapter 27 Indemnity Fund and Chapter 29 Corrective Action of Petroleum Storage Tank Releases became effective on Thursday, October 1, 2020. These rules are accessible on the OCC’s website at www.occeweb.com and are attached below:

EMA Urges State and Local Governments to Help Resolve IRS UV Claim Backlogs
EMA sent a letter asking the National Governors Association, National Association of Counties, National League of Cities and the National Association of Towns and Townships, to express their concern to the IRS Commissioner over the lengthy delays in processing ultimate vendor refund claims for the tax free sale of motor fuel to state and local government entities.

“Many small business petroleum marketers have not received payment from the IRS on ultimate vendor claims since April. Consequently, these marketers are in grave financial peril due to loss of essential operating capital which places severe cash flow problems on their businesses. If the IRS delays continue much longer, state and local governments may be required to pay the FET, thus placing on them the burden of making reimbursement claims and suffering the resultant financial and budgetary consequences,” said EMA President Rob Underwood.

Click here to read the letter.

EPA grants Oklahoma environmental regulatory authority in Indian Country
Article Source: The Oklahoman

Federal regulators have granted Oklahoma continued authority to regulate key environmental programs across Indian Country.

But at least one tribe in eastern Oklahoma and the Democratic nominee for Oklahoma’s U.S. Senate seat up for election this year are criticizing the decision.

The Cherokee Nation and Abby Broyles, the Democratic nominee in a race for Sen. Jim Inhofe’s U.S. Senate seat, characterized Oklahoma’s granted request as a “knee jerk” reaction to a Supreme Court ruling earlier this year that they asserted reaffirms tribal sovereignty across much of the state.

“It’s disappointing the Cherokee Nation’s request that EPA (the U.S. Environmental Protection Agency) consult individually with affected Oklahoma tribes was ignored,” Cherokee Nation Principal Chief Chuck Hoskin Jr. said Monday.

“Unfortunately, the governor’s decision to invoke a 2005 federal law ignores the longstanding relationships between state agencies and the Cherokee Nation. All Oklahomans benefit when the tribes and state work together in the spirit of mutual respect and this knee-jerk reaction to curtail tribal jurisdiction is not productive.”

A spokesman for the Muscogee (Creek) Nation also said Monday that tribe was disappointed by the decision.

"Like the SAFETEA Act itself, this was a swift move meant to circumvent the appropriate time and available information to adequately respond," a spokesman said Monday. "The Muscogee (Creek) Nation submitted a request for tribal consultation just two days after the Governor submitted his request. The nation was granted two consultations, but it seems the concerns raised did not suffice. The nation will continue seeking remedies to the situation."
Relentless Hurricane Season Continues, FMCSA Issues Multi-State Hours of Service Waiver in Response to Hurricane Delta
The Federal Motor Carrier Safety Administration (FMCSA) granted an Hours of Service (HOS) waiver last Wednesday in response to Hurricane Delta for Alabama, Florida, Louisiana, Mississippi and Texas effective immediately and shall remain in effect for the duration of the emergency or until November 6, 2020, whichever is less.

Click here to read the notice. The waiver applies to all CDL drivers nationwide who deliver designated emergency supplies including fuel into the emergency areas covered by the declaration. FMCSA Regulations Exempted: Parts 390 through 399 of FMCSA regulations as limited by the waiver.

With 25 named storms so far, this is the second most active Atlantic hurricane season on record. EMA will continue to work closely with the FMCSA and other federal agencies to ensure regulatory waivers important to petroleum marketers are in place throughout the duration of the storm related emergency.

EMA Staff Contact: Mark. S. Morgan, Regulatory Counsel markmorgan@verizon.net.

NACS Crack the Code Experience: November 2 - December 4, 2020
It’s hard to believe it was just seven weeks ago when NACS had to make the cancellation announcement for the NACS Show. And here they are with an entirely new offer and marketplace known as the NACS Crack the Code Experience. Registration is now officially open. There is no additional charge for EMA members who are not NACS members…it’s one price for all!

Over a five-week timeframe—November 2 through December 4—NACS will bring to life a robust digital experience and curated marketplace, connecting convenience retail buyers and sellers from around the globe. All attendees will have 24/7 access to forward-looking ideas and insights, innovative new-to-channel products and strategic connections.

As part of the push for this new Experience, there is also building excitement with two elements:

  1. “Sizzle reel”: Here’s a short (under one minute), high-energy video to communicate the new offer (you can watch it and share it across your network using this link and is also posted to the official Experience site).
  2. Social media: They have a hashtag (#CTCexperience) and graphics. Help share the word across your networks by crafting your own post or using one from the Word document for inspiration.

Our industry is about to do something great together. And there is a lot more to come.

Federated Insurance Complimentary Webinar
Cybercriminals are Going Phishing

Tuesday, October 20, 2020 (1 PM CT)
60 minutes | Complimentary | Advance registration required

Cybercriminals love a good tragedy, natural or otherwise, as a tool to scam people around the world. With the COVID-19 pandemic in play, attackers have increased the attacks through email phishing as they rely on heightened emotions and fear in their scams. The psychology used in these attacks to bypass critical thinking is becoming more and more advanced. By leveraging techniques like focus redirection and exploiting the way our brain filters can be tricked in to perceiving a different reality, attackers are outpacing our best efforts to defend ourselves. We do know that throwing money at a problem doesn’t make it go away. Social engineering methods and the cyber criminals behind the attacks are furiously innovating, keeping IT professionals off-guard.

In this webinar, we will look at the tools and tricks these attackers are using to spread malware, steal credentials and infect organizations with ransomware. We will look at how we can defend against these attacks as well.
Who Should Attend:
  • Risk Managers
  • Operations Managers
  • HR Professionals
  • Owners/Operators
  • IT Professionals
What You Will Learn:
  • Perception vs. reality
  • Psychology behind the attacks
  • Identifying and developing defensive practices