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.
OPMCA STAFF

Candace McGinnis
Executive Director  
Candace@opmca4you.com 

Hannah May
Director of Member Services  
Hannah@opmca4you.com

OPMCA  
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
  • 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
Friday, Jan. 29, 2021
  • Revised OSHA Injury and Illness Compliance Bulletin

  • New EPA Proposed Rule Designed to Make E15 Easier to Use with Existing UST Equipment

  • Free FMCSA Drug and Alcohol Clearinghouse How-to Webinar and Presentation Slides now Available

  • SBA Announces Paycheck Protection Program Reopening

  • EDC Alert | EEOC Permits Employers to Mandate COVID Vaccinations to Employees

  • Biden Administration Policy Priorities

  • Biden Administration Places Freeze on Federal Agency Rulemaking Process

  • Reminder: EMA’s COVID-19 Situational Update & Resources Webpage

  • Appeals Court Blocks Last Minutes Trump Administration Refinery Exemptions

  • Keystone XL Pipeline Permit Revoked

  • EMLI (PMLI) Registration is Open Now

  • Federated Insurance January Educational Articles
OPMCA Convention Registration is OPEN!
The 2021 OPMCA Convention will be held on May 4th, with the Oklahoma Super Trade Show the following day on May 5th. Both will be taking place live and in person with COVID-19 safety precautions strongly encouraged. We know that with the current circumstances large events are subject to change, but regardless the OPMCA Convention will take place!

We want to encourage those that are interested in attending to please register in advance. We know times are unprecedented, but we are doing everything we can to have a safe and enjoyable event! OPMCA encourages all members to attend and participate in convention activities.
Revised OSHA Injury and Illness Compliance Bulletin
The OSHA Injury and Illness Compliance Bulletin previously published in the EMA Weekly Review has been revised to include updated requirements for COVID-19 recording. According to OSHA, COVID-19 can be a recordable illness for employers who must comply with Injury and Illness reporting if an employee is infected as a result of performing their work-related duties. Recording a COVID-19 illness does not, of itself, mean that the employer has violated any OSHA standard. Employers are only responsible for recording cases of COVID-19 if all of the following are true:


  • The case is a confirmed case of COVID-19,
  • The case is work-related, and
  • The case involves one or more of the general recording criteria set forth in recordable injury and illness (e.g., medical treatment beyond first aid, days away from work, etc).


The revised Compliance Bulletin also reflects OSHA changes to NAICS industry categories that now exempt gasoline stations with convenience stores from OSHA Injury and Illness reporting. Prior to the change, most gasoline stations with convenience stores were already exempt from Injury and Illness requirements under the “primary activity” measurement. Now, all gasoline stations with convenience stores are exempt because they are classified under the general Gasoline Station NAICS category.

The updated Compliance Bulletin can be downloaded here.


New EPA Proposed Rule Designed to Make E15 Easier to Use with Existing UST Equipment
The U.S. EPA is set to publish a proposed rule designed to make it easier to sell E15 from E10 certified equipment. The two prong rule addresses dispenser labeling and underground storage tank system compatibility. The first part of the rule seeks public comment on whether to modify, or eliminate altogether, the E15 dispenser warning label. The label warning label is required by the E15 misfueling mitigation rule. The label is designed to warn consumers against dispensing E15 into the fuel tanks of cars manufactured before 2001, boats and other gasoline powered equipment to prevent damage. The E15 warning label also helps protect gasoline retailers from liability for equipment damage due to consumer misfuelling. The second part of the proposed rule is designed to make it easier for UST system owners to demonstrate E15 compatibility for existing equipment. The EPA is proposing to change compatibility requirements so that existing double walled USTs and piping with interstitial monitoring qualify as E15 compatible. However, all other equipment in the UST system must still meet existing compatibility requirements including manufacturer and/or UL E15 certification. Moreover, the proposed rule would require all new UST system installations and or replacement parts be certified to 100 percent ethanol content.

The EMA Motor Fuels Committee and UST Task Force will convene to discuss the proposed rule and formulate a response.  


Free FMCSA Drug and Alcohol Clearinghouse How-to Webinar and Presentation Slides now Available
In December 2020, the Federal Motor Carrier Safety Administration (FMCSA) hosted a series of live informational webinars on how to use the agency’s new online Drug and Alcohol Clearinghouse. The Clearinghouse is a secure online database that gives employers, the FMCSA, State Driver Licensing Agencies, and State law enforcement personnel real-time information about commercial CDL drivers’ license and commercial learner’s permit (CLP) holders’ drug and alcohol program records. Energy marketers must use the Clearinghouse to perform CDL driver annual drug and alcohol record checks and to record driver drug and alcohol test results, test refusals, violations, return to duty and follow-up testing. The EMA Drug and Alcohol Clearinghouse Compliance Bulletin can be downloaded here.

There are separate FMCSA webinars for employers and CDL drivers. The webinars provide detailed instruction on: Clearinghouse registration, using limited and full queries for record searches, uploading drug and alcohol violations and return to duty information, obtaining driver consent, purchasing query credits and common user issues and how to address them.
The webinars are valuable tools to help marketers to integrate mandatory Clearinghouse requirements into existing drug and alcohol programs.
The FMCSA webinar and presentation slides are now available for downloading:




For more information: Contact Mark S. Morgan, EMA Regulatory Counsel at mmorgan@emamerica.org


SBA Announces Paycheck Protection Program Reopening
The Small Business Administration (SBA) and the Treasury Department announced this week that the Paycheck Protection Program (PPP) reopened to new borrowers and qualifying second time borrowers.

Click here for more information on the Second Draw PPP loans.


EDC Alert | EEOC Permits Employers to Mandate COVID Vaccinations to Employees
EEOC Permits Employers to Mandate COVID Vaccinations to Employees: Now What? With the end of the tumultuous and uncertain 2020, there are strong signs that in 2021, life as we once knew it, will once again return to some level of normalcy. This means employers can look forward to re-opening their doors to employees, clients, patients and customers.


The U.S. Food and Drug Administration (“FDA”) has just granted Emergency Use Authorization for two COVID-19 vaccines. With the distribution of these vaccines, employers will now face a different set of challenges as they grapple with the decision of whether or not to require employee vaccination.


Click here for more information. Courtesy of Gordon Rees Scully Mansukhani Law Firm.


Biden Administration Policy Priorities
On January 20, Joe Biden was inaugurated as the 46th President of the United States. At the top of President Biden’s policy agenda is COVID-19 relief and recovery.

As outlined on January 14, the Biden Administration intends to pursue a $1.9 trillion COVID relief plan, which is expected to include an additional $20 billion for transit to maintain employee payroll and ensure maintained service. In February, the Administration will likely release its second piece of COVID relief legislation focused on Recovery, which may include an infrastructure portion used to spur economic growth and generate immediate jobs. Although a $15 federal minimum wage is included, Senator Roy Blunt (R-MO) says that is an absolute no starter, as are expanding paid leave for workers and providing $350 billion to state and local governments.

Beyond the current pandemic, the first days of the Biden Administration will inform his approach to tax, national security, climate, trade, healthcare, antitrust, and technology policy. On day one, President Biden’s Executive Orders made it abundantly clear he will seek to reverse much of the Trump Administration’s regulatory agenda. Biden is directing his team to review nearly 100 Trump-era actions, ranging from relaxed Corporate Average Fuel Economy (CAFE) standards to restrictions on how the agency considers science in policymaking to decisions declining to tighten federal air quality limits. However, much of Biden’s regulatory agenda will take months, if not years, to implement with no guarantee that these efforts will be successful. The requirements of the Administrative Procedure Act and various federal statutes could impose hurdles to the Biden Administration’s goal of repealing or revising the prior administration’s major regulatory initiatives. Plus, Republican led states and conservative groups are likely to challenge the Biden Administration’s final rules in court.

The Biden Administration may leverage a tool known as the Congressional Review Act (CRA). With a simple majority vote in the House and Senate, Congress can use the CRA to undo any regulations implemented by the Trump Administration within the last 60 legislative days (August 21, 2020). Of note - using the CRA to repeal a rule would prevent the Biden Administration from issuing a future new rule that is substantially similar, unless otherwise directed by Congress. The practical effect is that the Biden Administration will exercise caution when deciding whether to use the CRA.

Narrow Democratic majorities in Congress will require President Biden to reach across the aisle to recruit Republican support. Infrastructure was front-and-center during the Biden campaign and, given historical bipartisan support, an infrastructure package may prove to be President Biden’s key bipartisan priority in his first 100 days.


In addition to policy priorities, President Biden announced appointments to several cabinet and senior-level positions, including South Bend, Indiana Mayor and former Presidential Candidate Pete Buttigieg as Secretary of Transportation. Although Buttigieg seemed to indicate he was open to all manners of funding during his confirmation hearing yesterday, a DOT spokesperson announced that Buttigieg does not support increasing the federal gas tax. Biden also announced that New York City Transportation Commissioner Polly Trottenberg would serve as Deputy Secretary.


Also, Deanne Criswell is selected to lead the Federal Emergency Management Agency (FEMA) which is primarily responsible for responding to natural disasters. She is currently the commissioner of the New York City Emergency Management Department, and she also worked at FEMA under the Obama Administration.

While President Biden will begin his term with a Democratic Congress, the events leading up to the inauguration have stymied Congress’s ability to confirm cabinet members and, as such, it may take a few weeks for the Biden Administration to be fully operational, especially with the prospect of another impeachment trial looming.


Biden Administration Places Freeze on Federal Agency Rulemaking Process
The Biden Administration last week, imposed a freeze on new and pending federal regulations. The freeze is designed to ensure that new and pending regulations are first reviewed by Biden appointees for consistency with the incoming Administration’s regulatory agenda before they take effect. The freeze is directly aimed at the flurry of regulations proposed or issued during the closing days of the Trump Administration. Last minute regulations and subsequent freezes are common when presidential administrations change, particularly when the incoming president is a member of the opposing party.

The freeze places a 60-day hold on all final rules already published in the Federal Register but, with effective dates after January 20, 2021. Pending review, final rules subject to the 60-day hold may be issued as written, amended or withdrawn entirely after a 30-day public notice and comment period.

The freeze also halts further action on proposed rules, policy determinations, regulatory interpretations and other regulatory actions currently under agency consideration. Once reviewed, regulatory actions subject to the freeze will be amended or withdrawn altogether. Among these regulatory actions is a recent proposal by the EPA to ease underground storage tank compatibility requirements in order qualify existing E10 certified UST systems for E15 service. The EPA is also proposing to modify or eliminate the current E15 dispenser warning label and determine whether states are preempted from issuing their own E15 label requirements.

Trump era regulations that do not qualify for the regulatory freeze because they took effect before January 20, 2021, could be rolled back more slowly by pending lawsuits or through the public notice and comment rulemaking process. These rules include: lowered mileage standards for cars and trucks; less stringent greenhouse gas emission standards for both stationary and mobile sources; and the recent “waters of the United States” rule that limits the definition of wetlands that qualify for protection from development. 


Reminder: EMA’s COVID-19 Situational Update & Resources Webpage
EMA is working closely with the U.S. Departments of Energy, Transportation, Small Business Administration (SBA), Homeland Security, Office of Cybersecurity, Energy Security, & Emergency Response, the EPA, and the Federal Emergency Management Administration (FEMA) to mitigate any negative impact of the COVID19 coronavirus on energy marketers. The talks are a continuation of EMA’s ongoing emergency preparedness initiative to establish and maintain coordination between marketers and emergency response officials during declarations of emergency to ensure adequate fuel supply is available to consumers. EMA encourages you to notify EMA staff of any needs or concerns that you have so that we can communicate to the most efficient government employees to obtain the information or the help that you may need.

Click here to access EMA’s COVID-19 Situational Update and Resources webpage which provides updates on important issues impacting energy marketers such as Automatic Extension of Expiring CDLs, CLPs and Medical Certificates; TSA Driver Hazmat Endorsements; CDC updates; State and Local Orders and Paycheck Protection Program information.


Appeals Court Blocks Last Minutes Trump Administration Refinery Exemptions
Before President Trump left office, the U.S. EPA issued a total of three small refinery exemptions from RFS blending mandates (two waivers for the 2019 compliance year and one waiver for the 2018 compliance year). However, the D.C. Circuit Court of Appeals temporarily blocked implementation of the three refinery exemptions and gave EPA until February 3 to provide an explanation of its action. Several waiver requests remain outstanding for 2019 and 2020, which the Biden Administration will need to address although the Trump Administration did extend the compliance deadline for 2019 renewable volume obligations (RVOs) to November 30, 2021 as well as the 2020 deadlines to January 31, 2022, and June 1, 2022.

The Trump Administration delayed action on granting most of the small refinery exemptions for 2019 and 2020 biofuel-blending requirements due to ongoing litigation over the validity of such waivers. The EPA decision came shortly after the U.S. Supreme Court agreed to review an U.S. Circuit Court of Appeals ruling last year invalidating 3 small refinery exemptions. The court of appeals ruled that the EPA improperly issued the exemptions retroactively to small refineries whose earlier temporary exemptions had already lapsed. Since 2017, the retroactive small refinery exemptions have reduced renewable blending volumes by nearly 4 billion gallons, primarily corm ethanol. Review by the U.S. Supreme Court will likely add volatility to the RINs market until a final ruling is handed down.


Keystone XL Pipeline Permit Revoked
Last Wednesday, among the many environmental policies that the new Administration is expected to reverse, President Biden signed an Executive Order revoking a critical permit for the Keystone XL pipeline. “The Permit is hereby revoked,” Biden's executive order says. “Leaving the Keystone XL pipeline permit in place would not be consistent with my Administration’s economic and climate imperatives.”

EMA strongly supports development of the Keystone XL Pipeline which has had more than ten years of debate and multiple environmental impact studies that have shown the pipeline would have no effect on climate change.

Meanwhile, President Biden also announced a moratorium on oil and gas leasing activities in the Arctic National Wildlife Refuge that Trump’s administration had recently opened to development. Click here for the story. 


EMLI (PMLI) Registration is Open Now
EMA is excited to announce that registration is open for the Energy Marketers Leadership Institute (EMLI)!
 

EMLI is new and improved and is designed to make it easier and more affordable for OPMCA members to attend. The EMLI programs will be delivered online via Zoom video conference and will include breakout rooms so that the leaders who are attending can interact and learn together.  


Special thanks to Lea McCullough for her leadership in working with Meridian to design and deliver the EMLI programs. Here are the dates and information on how to register.  
 
 
Growing as a Leader Through MBTI
(includes MBTI – The Myers Briggs Type Indicator Assessment)
Understanding Ourselves and Others
Facilitator: Lea McCullough
Friday, Monday, Tuesday - 2/26, 3/1, 3/2 @ 1:00 – 2:30 PM EDT
Registration Fee: $795
   
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Pathways to Leadership
Making a Difference In and Through State Associations
Facilitator: Lea McCullough
Wednesday – 3/3 @ 1:00-2:30 PM EDT
Registration Fee: $195
  
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How to Become a Better Lobbyist
Learn to Have Conversations That Have More Influence
Facilitator: To Be Announced
To be scheduled in June
Registration Fee: $195
 
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Three Course Bundle for $995
  
 
To register , please click on this link:
Federated Insurance January Educational Articles