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
Don't forget to book your room for the 2020 OPMCA Fall Outing before it is too late! The nightly rate at Shangri-La for OPMCA guests is $164.00 per night. Guests can reserve their rooms by calling (918) 257-4204 and referring to the OPMCA room block.
Please Reserve your room before August 28th, 2020

We hope you can join us in September!
Click Here to View all PMAA Coronavirus Related Resources for Petroleum Marketers Including all Regulatory Reports
Friday, Aug. 14, 2020
  • TSA Issues 90-Day Extension of Exemption

  • 2020 NACS Show Canceled

  • EPA General Enforcement Discretion Policy Ends on August 31, 2020

  • Urge Lawmakers to Cosponsor the Safe to Work Act

  • PMAA Sends Letter to Congress Asking for Tax Credit for Business Cleaning Expenses

  • New 2020 Edition of DOT ERG Requires Update of In-Cab Emergency Response Information

  • COVID-19 Relief Talks Collapse

  • PMAA Sends Trio of Letters to Congress in Support of Businesses

  • Federated Insurance Sponsored Webinar
TSA Issues 90-Day Extension of Exemption
TSA Issues 90-Day Extension of Exemption that Allows States to Extend Validity of Expiring Hazardous Material Endorsements

Department of Homeland Security’s Transportation Security Administration (TSA) issued an extension of an exemption that allows states to recognize the validity of expired hazardous materials endorsements (HME) through October 29, 2020. Without the TSA exemption, drivers with an expired HME could not drive after July 31, 2020.
PMAA worked closely with the TSA to obtain the extension because many drivers are still unable to renew their hazardous material endorsements due to COVID-19 related closures and operational delays experience by state motor vehicle licensing agencies nationwide.
The TSA exemption only applies in states that adopt the extension and only for HMEs expiring between March 1, 2020 and October 29, 2020.
The TSA expiring hazardous materials endorsement exemption can be downloaded here.

The PMAA Regulatory Alert describing the TSA exemption in detail may be downloaded here.
PMAA Contact: Mark S. Morgan, Regulatory Counsel: mmorgan@pmaa.org

2020 NACS Show Canceled
NACS has been notified by the Las Vegas Convention and Visitors Authority (LVCVA) that the 2020 NACS Show, scheduled for October 11-14, cannot be held due to the ongoing pandemic. Therefore, the PMAA Fall Meeting at the NACS show, scheduled for October 10-11 at The Mirage, will not take place.
NACS Housing is issuing hotel cancellation confirmation emails. Registration refunds will be issued in the near future.
The PMAA Executive Committee will be discussing next steps soon about possibly going Virtual for the Fall meeting. Stay tuned.

EPA General Enforcement Discretion Policy Ends on August 31, 2020
The EPA will not extend its current enforcement discretion waiver beyond August 31, 2020, the agency announced at the end of July. The EPA issued the open-ended general enforcement discretion policy on March 26, 2020 due to movement and work limitations imposed by the COVID-19 pandemic. The enforcement discretion policy was open ended with no termination date when first issued. The EPA set the August 31 deadline this week due to the loosening of stay at home orders in many states nationwide. The enforcement discretion was designed to address difficulties regulated parties may have maintaining certain routine compliance requirements during the COVID-19 pandemic including routine monitoring and reporting; integrity testing; sampling; lab analysis; training; and certification.
The EPA enforcement discretion policy is beneficial to fuel marketers because it provided compliance relief and flexibility from UST regulations, SPCC regulations, fuel quality attest engagements sampling and testing, among many other EPA program requirements except spill and release cleanup related activities. The EPA said that as state and local restrictions are relaxed or lifted, the need for regulatory compliance flexibility has been significantly reduced. However, the EPA said it would continue to monitor COVID-19 developments and provide enforcement discretion on a case by case basis if necessary.
The EPA COVID-19 enforcement policy can be found here: EPA COVID-19 Enforcement Discretion Policy. The PMAA Regulatory Alert explaining the EPA policy can be found here: Regulatory Alert.

Urge Lawmakers to Cosponsor the Safe to Work Act
Senator John Cornyn (R-TX) recently introduced important legislation to expand liability protections for businesses amid the COVID-19 pandemic known as the “Safe to Work Act” (S. 4317). The bill is retroactive to December 2019 and provides reasonable liability protection against COVID-19 lawsuits through October 2024 for businesses who have made good faith efforts to comply with government guidance. The legislation does not protect bad actors in cases where there is willful misconduct or gross negligence to the safety of an individual. The legislation provides preemption from state laws unless state laws provide greater liability protection. Click here for the full summary.
Meanwhile, PMAA joined a coalition in sending a letter to Senate leadership in support of the bill. Specifically, the letter states, “The Safe to Work Act would ensure that businesses that made reasonable, good faith efforts to protect customers and employees from the spread of COVID-19 are protected from frivolous legal claims arising from events occurring at any point during this national emergency. Moreover, it would put important procedural protections in place that will ensure that America’s businesses are not inundated with and pressured to settle meritless lawsuits.” Click here to read the letter.
It is important for everyone to reach out to their lawmakers in support of the bill. Click here to do so.

PMAA Sends Letter to Congress Asking for Tax Credit for Business Cleaning Expenses
Last month, PMAA joined a coalition of more than 30 associations urging Congress to include a tax credit in the next federal stimulus package that would protect the safety of workers, customers, and the public. The Clean Start Coalition has urged Congress that the tax credit should be targeted, temporary and available to business entities.
Specifically, PMAA and the coalition requested that Congress include the following qualified expenses with any “reopening safely” tax credit as part of the next stimulus bill:

  • Cleaning and workplace safety-related costs, including staff training; applicable building certifications; purchasing necessary cleaning, sanitation, and disinfection-related products and equipment; as well as the hiring of a professional services company to clean, sanitize and disinfect.
  • Personal protective equipment (PPE).
  • Other expenditures associated with maintaining a healthy physical workplace, including those necessary to comply with federal, state, and local guidelines, as well as industry best practices.

Click here to view the letter.
Fortunately, language was recently included in a Senate bill known as the “Help End Abusive Living Situations (HEALS) Act” that would provide a tax credit for business expenses, including testing for COVID-19, PPE and cleaning supplies.

New 2020 Edition of DOT ERG Requires Update of In-Cab Emergency Response Information
Every four years, the U.S. DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) publishes an updated version of its Emergency Response Guidebook (ERG) required for use by CDL drivers hauling hazardous materials. The latest version of the emergency response guide, ERG 2020 is now available. ERG 2020 updates and replaces the ERG 2016 edition now currently in use by petroleum marketers. The ERG guidebook is intended for use by first responders during the initial phase of a transportation incident involving hazardous materials.
Click here to view the full PMAA Regulatory Alert.

COVID-19 Relief Talks Collapse
Last week, the White House and Congressional Democrats were unable to reach a deal on a COVID-19 relief package as both sides accused the other of being unwilling to compromise. The GOP rank and file are unenthusiastic over the prospect of another trillion-dollar spending package while GOP moderates up for reelection need a COVID-19 deal to increase their chances for reelection. Most Senators left town last night, however, they will return if a deal is reached between the White House and Democratic leadership. Click here to read Squire Patton Boggs analysis and here from the Washington Post.

PMAA Sends Trio of Letters to Congress in Support of Businesses
Last week, PMAA joined a coalition in sending a letter to Congress in support of the “Continuing Small Business Recovery and Paycheck Protection Program (CSBRPPP) Act,” which would offer a second round of Paycheck Protection Program (PPP) loans to qualifying small businesses. Specifically, the letter urges Congress to lower the gross revenue reduction requirement under the PPP from 50 percent to 20 percent if there is going to be a second round of PPP loans. Click here to view the letter.
Additionally, PMAA sent a letter to Congress urging that it restore tax-free loan forgiveness under the PPP to be tax-free. The letter requests that Congress reaffirm its original intent and restore the tax benefits it intended to give struggling businesses as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act.” Click here to view the letter.
Lastly, PMAA sent a letter asking that Congress provide a “healthy workplace” tax credit in the upcoming COVID-19 relief bill that will protect the safety of workers, customers and the public. Specifically, the tax credit would cover business expenses related to the COVID-19 response effort that include the purchase of personal protection equipment (PPE), cleaning supplies and technology used to trace physical contact between customers and employees. Click here to view the letter.

Federated Insurance Sponsored Webinar
Cyber Risk Management
Tuesday, August 18, 2020 (1 PM CT)
45 minutes | Complimentary | Advance registration required

Hardly a day goes by that we don’t hear about a security breach or incident involving the loss of sensitive data to outside influence or hackers. We will discuss several layers of risk management that help reduce a business’s exposure, as well as coverage options available to transfer this risk to an insurance carrier. Cyber crime is the fastest growing and most dynamic exposure in business today and we’ll address strategies to minimize the risk.

  • Owners/Officers
  • Operations Management
  • Risk Managers
  • HR Professionals
  • IT Professionals

  • Data breach and cybercrime trends, statistics and costs 
  • Business responsibility pertaining to data breaches and cyber intrusions 
  • Common data security concerns 
  • Risk management best practices and insurance solutions