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
Sept. 13-14, 2021
Shangri-La Golf Club and Resort
The 2021 OPMCA Fall Outing will be hosted at Shangri-La resort on Monday, Sept. 13th and Tuesday, Sept. 14th. Members will enjoy two days of golfing, a yacht charter cruise, as well as a fun evening filled with activities. We ask that you please register in advance, we hope to see you then!
OPMCA Welcomes New Member:
Boyett Petroleum
Dale Boyett
601 McHenry Ave
Modesto, CA 95350-5411
(209) 577-6000

Steve Hopkins
John Netherton
2201 Tecumseh Drive
Norman, OK 73069
(405) 579-3835

  • Click Here to View all EMA Coronavirus Related Resources for Petroleum Marketers Including all Regulatory Reports

  • Click HERE to View the Latest Coronavirus Resources Provided NACS Relating to Convenience Stores as Essential Businesses
Monday, Aug. 30, 2021
  • Disruption to Coin Supply Has Retailers Asking for Change

  • Mastercard Chip-Card Move to Force EMV at Pump

  • New Drug and Alcohol Testing Custody and Control Form Must be Used Beginning 8/30/21

  • FMCSA Issues Drug and Alcohol Clearinghouse Registration Process for Student Drivers

  • Regulatory Reminder on Driver Hours of Service Requirements

  • Fuels Institute Releases Best Practices for EV Charging Infrastructure

  • FEMA Launches Full Application of the National Risk Index

  • New OSHA Guidance on Unvaccinated Employees and Ways to Protect All Employees

  • We Card Awareness Month is Approaching

  • Fuels Institute’s Diesel Fuel Quality Council Releases Best Practices Document

  • BGOV Report: EV Infrastructure Push Brings Cyber Concerns

  • New Federal Government Website Formed to Help Mitigate Ransomware Risks

  • OPMCA Members – NACS wants to hear from you!

  • Federated Insurance to Host Risk Management Academy

  • Federated Insurance August Educational Articles
Disruption to Coin Supply Has Retailers Asking for Change
Free signage is available for store operators to print and post.

Finding enough coins to make change for customers was a common challenge during the early days of pandemic in 2020, and now, some retailers are once again reporting that coins are scarce.

In June 2020, the U.S. Mint resumed operating at full capacity to boost the availability of coins, and the Federal Reserve placed a temporary cap on the coin orders placed by depository institutions to ensure the supply was fairly distributed. However, with coin supply still below pre-pandemic levels, the Fed reinstated those caps in May.

“Where we’re located, our local bank is out of change completely,” said Bill Decker, general manager of Davis Travel Center in Stony Creek, Virginia. “They have no idea when the shortage of coins will end. They’re frustrated, [as are] the [businesses] they serve.”

Financial experts say the current problem is not an actual shortage of coins but an issue with coin circulation. Because Americans are shopping online more frequently and paying with credit and debit cards, coins aren’t flowing back into the economy at their usual rate. Of course, the best way to return coin circulation to pre-pandemic levels is to spend coins, which puts them back in circulation and makes them available to businesses and other shoppers.

Through mid-July, financial institutions deposited about 15% fewer coins at their local Federal Reserve banks than they did during the same period a year ago, according to a Wall Street Journal report, citing the Fed. What’s more, coin deposits by banks were down by 45% compared with 2019.

Shoppers who usually pay with a card may not have noticed the issue. But according to the Federal Deposit Insurance Corporation (FDIC), 5.4% of American households (roughly 7.1 million total) are unbanked. They don’t have a credit or debit card and rely solely on cash.

The issue has inspired some retailers to post in-store signage asking shoppers to pay with coins or requiring exact change. NACS serves on the U.S. Coin Task Force, a group dedicated to identifying and promoting strategies to get coins moving again. The task force has created signage templates as part of its #getcoinmoving campaign. They are available at no charge for retailers to print and use. The page includes additional resources for both retailers and financial institutions.

“We do have signs at the registers,” said Decker. “Some guests are OK with this, and of course, some are not. We try and encourage guests to use their debit card for their purchases regardless of the amount.”

“Half of America stops by a convenience store every day, and the average in-store transaction is $7.34,” Anna Ready Blom, director of government relations, NACS, told NACS Daily. “The ability to make change for our cash-paying customers is imperative.”

To read more about the coin circulation challenge spurred by the coronavirus pandemic, read “Short-Changed” in NACS Magazine.

Mastercard Chip-Card Move to Force EMV at Pump
Fuel retailers need to upgrade before card firm stops issuing swipe cards by 2029.

Mastercard said that it will abandon magnetic stripes on its credit and debit cards beginning in 2024 in most markets, a move that will directly impact convenience and fuel retailers who haven’t yet upgraded their fuel pumps to accept chip card payments as part of the now-overdue EMV liability shift.

In a blog post, the credit card giant said that starting in 2027, U.S. banks will no longer be required to issue chip cards with magnetic stripes, and by 2029, no Mastercard credit and debit cards will have magnetic stripes. Mastercard said it is the first payments network to phase out magnetic stripe cards.
“Mastercard’s intention to issue only chip-enabled credit and debit cards with no magnetic stripes is a de facto mandate for merchants to implement EMV payments at the pump or be at a competitive disadvantage with outdoor payments,” said Linda Toth, Conexxus managing director. “That means retailers who don’t make the switch before Mastercard stops issuing magnetic stripe cards by 2029 will only be able to accept mobile payments at the pump or be forced to send fuel customers inside the c-store to process EMV payments.”

Convenience retailers are now fully liable for any fraudulent charges made at non-compliant outdoor payment terminals, and those who have not yet upgraded to outdoor EMV will be required to repay those charges to the credit card networks.

The deadline to shift liability from card issuers to retailers was originally scheduled for Oct. 1, 2017. However, given the challenges facing convenience retailers in compliancy, American Express, Discover, MasterCard and Visa extended the deadline to October 2020. When COVID-19 struck, many retailers had their efforts to become EMV-compliant disrupted. The card brands granted another extension, this time to April 16-17, 2021.

Although the EMV liability shift date has passed, retailers who have not converted to outdoor EMV and are met with fraud are likely to be dealing with chargebacks to cover the liability of fraudulent charges.

A Conexxus white paper “Resources and Guidance for EMV Implementation in a C-Store Environment” brings together educational information, frequently asked questions and links to resources for convenience retailers on EMV implementation.

Register to attend the 2021 NACS Show October 5-8, at McCormick Place in Chicago and take advantage of the education sessions, including The Payment Blueprint of the Future on October 7, which will explore the future of digital payments.

New Drug and Alcohol Testing Custody and Control Form Must be Used Beginning 8/30/21
Last year, the Office of Management and Budget (OMB) approved a new Department of Health and Human Services (HHS) Federal Drug Testing Custody and Control Form (CCF). The form must be used by employers performing drug and alcohol testing for CDL drivers. In order to allow for an orderly transition to the new form, the OMB authorized the use of the old CCF form through August 29, 2021. However, beginning August 30, 2021, DOT-regulated employers and/or their service agents (specimen collectors, laboratories, Medical Review Officers) must use the new form. The new CCF form is available here. Some laboratories may have already contacted employers and collectors with information about the delivery of the revised CCF form. A list of HHS certified laboratories can be found here.

Employers or collectors should monitor your existing supply of old CCF forms and coordinate the delivery of the new revised CCF form with an HHS-certified laboratory. Any employer or agent using the old CCF form after August 29, 2021, must provide a signed statement (i.e., a memorandum for the record) to accompany the CCF form to the testing laboratory. The memorandum must state that the incorrect form contains all the information needed for a valid DOT drug test, and that the incorrect form was used inadvertently or as the only means of conducting a test, in circumstances beyond the employer’s or agent’s control. The statement must also list the steps taken to prevent future use of expired Federal forms for DOT tests. The employer or agent must supply the memorandum on the same business day on which use of the expired form was discovered by fax or courier. Use of the expired form will only be deemed “corrected” if test of the accompanying specimen occurs at an HHS-certified laboratory. Additional information is available here.

FMCSA Issues Drug and Alcohol Clearinghouse Registration Process for Student Drivers
The Federal Motor Carrier Safety Administration (FMCSA) updated the CDL Driver Drug and Alcohol Clearinghouse registration process to clarify how student drivers with a commercial driver’s license (CDL) or commercial learner’s permit (CLP) should register. The Clearinghouse is a secure online, searchable electronic database where all CDL driver drug and alcohol violations are now posted. The Clearinghouse provides employers, CDL drivers, medical review officers (MRO), substance abuse professionals (SAP), state driver licensing agencies (SDLA) and enforcement authorities real-time information about CDL drivers drug and alcohol program violations. The Clearinghouse contain records of violations of drug and alcohol prohibitions, including positive drug or alcohol test results, test refusals, completion of return-to-duty (RTD) process and follow-up testing plan. CDL drivers, CLPs, employers, MROs, SAPs and SDLAs must all register to use the database.

What is The Registration Path for Student Drivers?

The registration path student drivers select depends on their employment status:
  • Student drivers who are employed by a motor carrier must Register as a Driver
  • Student drivers in training programs that are not affiliated with or operated by motor carriers must Register as a Student Driver

Student drivers who are enrolled in training programs that are not affiliated with or operated by motor carriers must designate a consortium/third-party administrator (C/TPA) to fulfill their drug and alcohol testing requirements.

What is a C/TPA?

A C/TPA is a service agent that performs required actions to help keep an employer or, in this case, a student driver, compliant with the DOT/FMCSA Drug and Alcohol Testing rules and regulations. Student drivers should contact a C/TPA before designating them in the Clearinghouse to act on their behalf. A driver training school may register in the Clearinghouse as a C/TPA to conduct queries and/or report violations on behalf of the student driver.

How Can a Student Driver Register?

Download step-by-step registration instructions below:

Additional instructional guides and learning materials are available in the Clearinghouse Learning Center.

Regulatory Reminder on Driver Hours of Service Requirements
EMA has been asked to provide a review of the FMCSA’s CDL Drivers Hours of Service (HOS), including record of duty logs and the short haul exception to the HOS requirements. EMA recently was able to expand hour and distance limitations of short haul exception from 100 air-mile radius and 12 hours maximum on duty time to a 150 air-mile and 14 on-duty hours.

  • 11 Hour Driving Limit
  • CDL drivers may drive a maximum of 11 hours per shift after 10 consecutive hours off-duty.
  • 14 Hour On-Duty Limit
  • CDL drivers may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
  • 60/70 Hour Weekly Limit
  • CDL drivers may not drive after 60 hours on duty in 7 consecutive days or after 70 hours over 8 consecutive days. A driver may restart the 7/8 consecutive day week period after taking 34 or more consecutive hours off duty.
  • Adverse Driving Conditions

CDL drivers are allowed to extend the 11-hour maximum driving limit and 14-hour on-duty limit by up to two hours each when adverse driving conditions are encountered. Adverse driving conditions are caused by severe weather-related events. The FMCSA defines adverse driving conditions as: “snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.” If any of the conditions described above exist, drivers may continue driving until the intended destination is reached or until they are able to safely reach a secure location, but for no more than two extra hours.
  • Short Haul Driver Exception

A CDL driver is exempt from recording hours of service if - the driver operates within a 150-air mile radius of the normal work reporting location, and the driver does not exceed the 14-hour maximum on-duty period. Drivers using the short haul exception must report and return to the normal work reporting location within 14 consecutive hours and stay within a 150 air-mile radius of that location.

Contact Mark S. Morgan, EMA Regulatory Counsel with any questions at markmorgan@verizon.net

Fuels Institute Releases Best Practices for EV Charging Infrastructure
Fuels Institute’s Electric Vehicle Council has released a Best Practice Guide for Installing and Operating Public Electric Vehicle Charging Infrastructure. The report provides a discussion of questions and issues that sites can expect to encounter when evaluating and installing public EV charging points at a site. The discussion is grouped into three categories: 1) developing a business case, 2) engaging the utility, and 3) working with local authorities having jurisdiction over the permitting and installation of EV charging points. In addition, the report provides a series of case studies to illustrate the issues and share success stories. The report discusses typical business models, site selection, cost considerations, make-ready infrastructure, and permitting and installation considerations.

If you are considering investing in public EV charging points, this 45-page report provides a good source of information, as well as a bibliography of additional information sources to support the evaluation process.

FEMA Launches Full Application of the National Risk Index
FEMA has announced the full application launch of the National Risk Index, an online resource that identifies traits of the communities most at risk from natural hazards.

This online mapping application provides a holistic view of community risk by providing baseline relative risk scores. It measures a community’s risk for 18 natural hazards, in addition to resilience, social vulnerability and expected annual loss.

The Index helps users understand natural hazard risk and to support informed risk reduction decisions for mitigation planning and emergency management. By providing standardized risk data and an overview of multiple risk factors, this interactive mapping and analysis tool can help communities, especially those with limited flood mapping and risk assessment capabilities, prepare for natural hazards.

The tool was originally released in November 2020 at a limited capacity. Now, fully available for use by state, local, tribal, and territorial partners, the Index includes the ability to generate more customized analyses and reports, including community risk profiles and risk comparison reports for any county or Census tract.

The tool is free and easy to use, and data from the site can be downloaded. Visit FEMA’s National Risk Index webpage to learn more about the data and the natural hazards that may affect your community. 

New OSHA Guidance on Unvaccinated Employees and Ways to Protect All Employees
The CDC recently updated recommendations for fully vaccinated people to reduce their risk of becoming infected with the Delta variant and potentially spreading it to others by: wearing a mask in public indoor settings in areas of high transmission; choosing to wear a mask regardless of level of transmission, particularly if individuals are at risk or have someone in their household who is at increased risk of severe disease or not fully vaccinated; and getting tested 3-5 days following a known exposure to someone with suspected or confirmed COVID-19 and wearing a mask in public indoor settings for 14 days after exposure or until a negative test result. In OSHA’s updated guidance, analogous recommendations are adopted.

To review the entire guidance go here

We Card Awareness Month is Approaching
September is We Card Awareness Month and it’s a great time to train or re-train employees and raise awareness of the FDA regulations and state law compliance.

OPMCA encourages all retailers to continue in their efforts to successfully identify and prevent underage age-restricted product sales. We Card resources include: 

  • We Card’s 2022 materials will be available to order on September 1st at www.wecard.org.  

  • Get an updated state law summary or a Federal Law Summary on FDA regulated products and requirements of retailers. See the Resource Center at www.wecard.org.

  • We Card’s Age Checker App, a smartphone app that scans driver’s license bar codes and provides an "OK to Sell" or "Do Not Sell" message — available in the App Store and Google Play. Learn more here.

Fuels Institute’s Diesel Fuel Quality Council Releases Best Practices Document
The Fuels Institute’s Diesel Fuel Quality Council (DFQC) released its second-best practices document related to the handling of diesel fuel. “Diesel Fuel Loading and Delivery: Industry Practices to Minimize Degradation and Improve Fuel Quality” is a seventeen-page document that provides recommended practices for the loading of diesel fuel on to a tanker at a terminal and unloading into a diesel fuel storage tank. Information is presented to ensure the delivery of quality diesel fuel and avoid potential fuel contamination problems while loading and unloading diesel fuel. EMA provided extensive comments on this document during its development. You can download the document for free by clicking here.

BGOV Report: EV Infrastructure Push Brings Cyber Concerns
Cyber security experts are concerned that a rush to push EV infrastructure could lead to unintended consequences as EV charging stations are potentially vulnerable to hacking. Click here to read a Bloomberg Government report as EV charging stations face heightened security concerns as the Biden Administration pushes electrification on American motorists. 

New Federal Government Website Formed to Help Mitigate Ransomware Risks
StopRansomware.gov is the new ransomware homepage for federal government agencies to pool resources that can give businesses and organizations of all sizes the opportunity to better protect their networks. The website will also highlight the latest ransomware-related alerts from these agencies.

Ransomware cases are on the rise. In 2020 there was a 300 percent increase in the amount of ransoms paid, compared to the previous year. Ransomware incidents have become more destructive and impactful in both nature and scope. Malicious cyber actors target critical data and can propagate ransomware across entire networks. These cyber criminals also increasingly use tactics, such as deleting system backups that make restoration and recovery more difficult or infeasible for impacted organizations. The economic and reputational impacts of ransomware incidents, throughout the initial disruption and, at times, extended recovery, have also proven challenging for organizations large and small.

The new website will enable organizations to enhance their network defense while helping organizations be more aware and prepared to deal with malicious cyber actors.

StopRansonware.gov includes information about the critical steps that should be taken to respond to and recover from a cyberattack. This includes a comprehensive Ransomware Guide and Cyber Hygiene services that are available at no cost to help organizations with vulnerability scanning, web application scanning, penetration testing, and phishing assessments. These services can help to assess, identify, and reduce exposure to cyber threats like ransomware.

OPMCA Members – NACS wants to hear from you!
Today’s consumers are rapidly changing how they shop and how they search.

This shift has only been accelerated by new technologies and the pandemic. And will forever transform the meaning of convenience to be more than physical location.

As shoppers become increasingly reliant on apps, voice search (e.g., Alexa, Siri), smartphone and in-dash vehicle voice navigation tools, the path to purchase is being redefined.

NACS wants to hear from you on how these technologies are affecting your operations. We invite you to participate in our short, 15-minute survey: https://www.surveymonkey.com/r/H2LMYQY

The results from this survey will help NACS guide the convenience and fuel industry and define this emerging tech-enabled landscape in a way advantageous to convenience retailers—helping us to continue to own and define “convenience.”

Your voice and input is very important and we are only contacting a select number of retailers.

This short survey will only take 15 minutes –https://www.surveymonkey.com/r/H2LMYQYPlease complete the survey by September 1.

And, to thank you for your time, EACH respondent will receive a digital code for a $10 Amazon gift card after fully completing the survey.

Thank You and best regards on behalf of NACS!
Federated Insurance to Host Risk Management Academy
November 8-10, 2021

Registration deadline: Monday, October 4, 2021
You are invited to attend an exclusive, complimentary Risk Management Academy session hosted by Federated Mutual Insurance Company. Click this video to help learn more about this session:
  1. Losses impacting your industry.
  2. Connect with industry peers facing similar challenges.
  3. Apply risk management best practices that make a difference at your business.

Attendance is limited so please register today! For more information on the event or the registration process, please feel free to contact Royetta Spurgeon at Federated Insurance by calling 507.455.5604 or e-mailing at drm@fedins.com.
Federated Insurance August Educational Articles
Risk Management Corner
tackles subjects related to workplace safety

HR Question of the Month
provides a human resources-related question and answer from independent legal professionals

It’s Your Life
discusses concepts related to life and disability income insurance
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