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 Fite
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
2017-2018 Board of Directors
Brian Lohman, Chairman 
 ASAP Energy Inc.

Jerry Davidson
Pete’s Corporation

Jason Flinn 
Flowers Oil Company

Mike Gramm 
Speedy's, LLC 

Kurtis Hutchinson
Hutchinson Oil Company

John Netherton
Danielson Fuel Services

Tommy Shreffler
OnCue Marketing, LLC

Rob Toth
Coffeyville Resources
OPMCA NEWS
2018 OPMCA Member Day at the Capitol
   Please join OPMCA as we host a Member Day at the Capitol! We want to get you in front of legislators from your district to create more influence in stopping some of the proposals that are aimed at our industry. We will provide an issue briefing, talking points, and assist in getting you to your legislators, as well as lunch! 

More information and registration HERE!
Time is running out to register for the 2018 OPMCA Convention! With just two weeks to go , we are finalizing golf teams and wrapping things up! Please register as soon as possible if you plan on attending any convention events. We only have ONE room left at the 21c Museum Hotel, please contact the OPMCA office if you are interested!
Monday, April 16, 2018
  • ABLE Licensing Reminder - Expect Lengthy Wait Times
  • 2018 OCC Requirements
  • Fuel Transition Season Begins
  • Electronic Logging Device Enforcement Grace Period Ends
  • Congress Seeking Solutions for Driver Shortages
  • EPA to Ease Automobile Fuel Efficiency Standards
  • Federated Insurance Distracted Driving Webinar
ABLE Licensing Reminder - Expect Lengthy Wait Times
Although some laws regarding full strength alcohol sales in 2018 may not have been finalized yet, it is VITAL anybody who plans to carry ANY alcohol (including 3.2% product) begin the licensing process as soon as possible to avoid wait times.
The current wait time is 60-90 days to issue a license but this wait time will dramatically increase as October 1, 2018 approaches. The earlier you apply, the easier it will be to obtain licensing.
Click HERE for the Interim License Application
From now until September 30, 2018, an INTERIM license is available through the Oklahoma ABLE Commission. An INTERIM license allows a retailer to purchase full-strength beer and wine to be placed in storage, not available to the public, until 12:01 a.m. on October 1, 2018. An INTERIM license will become a PERMANENT license on October 1, 2018. Interim applications must be submitted by mail or in person at the OKC ABLE Commission offices, located at 3812 North Santa Fe, Suite 200, OKC, OK 73118. Tulsa and McAlester offices are enforcement offices only. 
Any stock (including 3.2% alcohol) in a retailer's inventory on October 1, 2018, will AUTOMATICALLY be considered "full point liquor" by Oklahoma law. Stores who have not obtained licensing will be unable to sell or keep stock of alcohol on location.
Please click HERE to view frequently asked questions and answers from the ABLE Commission regarding licensing and application.
More information can be found on the ABLE Commission website , or by calling the ABLE office at (405) 521-3484.
2018 OCC Requirements
NEW REQUIREMENTS FOR UST OWNERS & OPERATORS OCTOBER 13, 2018

October 13, 2018 is the deadline for new operation and maintenance requirements for owners and operators of underground storage tank systems for inspections of overfill prevention equipment, spill prevention equipment testing, containment sump testing, testing of release detection equipment, and walkthrough inspections. OCC has posted an information sheet and forms you can download at no cost from their website. Please note that some of these requirements begin October 13, 2018, but some must have the first inspection and/or test conducted by October 13, 2018. For complete information and to download the free forms go to the Classes, Forms and Guidance tab on the Petroleum Storage Tank Division's webpage at www.occeweb.com and click on the Compliance link.

Liquid Tightness Tests for Spill Buckets and Containment Sumps: Click HERE

Overfill Equipment Inspection Recordkeeping form: Click HERE

Release Detection Testing Recordkeeping form: Click HERE

30-Day Walkthrough Inspection Checklist: Click HERE
The RFS Drama Continues
Recently, the Trump Administration used its waiver authority under the RFS to exempt several small refiners from their renewable volume obligations (RVOs) which in turn has dampened ethanol RIN values. The EPA has the authority to grant exemptions from the program to refineries with a capacity under 75,000 barrels per day if the company can demonstrate financial hardship. Twenty-five exemptions have already been granted this year with possibly more to come. In response, Midwestern Senators fired off a letter to the EPA Administration earlier this week urging the EPA to halt the exemptions because it undermined the intent of the RFS. The letter stated, “The granting of waivers for 2016 RVOs have effectively reduced the 2016 requirement of 15 billion gallons to 13.8 billion gallons.” Click here to read the letter.  

Meanwhile, reports surfaced this week that the EPA is in the process of extending the 1 psi RVP waiver to allow E15 sales during the summer months. President Trump confirmed those reports yesterday which indicated that the EPA is likely to grant the waiver sometime soon. The ethanol industry claims that EPA has the authority to extend the waiver to E15, however, the Clean Air Act clearly limits the one psi RVP waiver to ethanol blends between 9 and 10 percent and current EPA regulations reflect the CAA RVP waiver limit. In order for the 1 psi waiver to be extended to higher ethanol blends, Congress would need to address it. 

PMAA continues to be concerned that small business petroleum marketers will be placed in a precarious situation if E15 starts to take hold because of the potential economic impacts of adding E15 including the costs associated with existing UST system incompatibility. 

Fuel Transition Season Begins
NACS resource helps explain why gasoline prices historically increase in the spring.

​April 1 marked a critical date for most retailers across the United States related to summer-blend fuels. An online NACS resource, “Why Prices Historically Go Up in the Spring,” offers more details on the transition season for fuels.

The U.S. Environmental Protection Agency (EPA) defines April to June as the “transition season” for fuel production. Refineries lead this transition and switch over to summer-blend production in March and April. During the annual switchover to summer-blend fuel, which begins in February, gasoline prices historically increase 50 cents per gallon, although they have only increased one cent to $2.65 per gallon, according to U.S. Energy Information Administration weekly data.

Across many areas of the country, refiners and retailers face deadlines to deliver summer-blend fuel. The deadline to sell summer-blend fuel in Southern California was April 1 and Easter Sunday was also the deadline for refiners to produce summer-blend fuel.

“Because U.S. convenience stores sell an estimated 80% of the gasoline purchased, NACS wants to demystify how the market works—from the time crude oil is extracted from the ground to when fuel flows into a consumer’s gas tank,” said NACS Vice President of Strategic Industry Initiatives Jeff Lenard, who helped develop the online resource. “We encourage retailers and other industry stakeholders to share this information with their customers and others concerned about the transition season.”

“Why Prices Historically Go Up in the Spring” and other resources providing an insider’s view on how fuel is produced, refined and ultimately sold at convenience stores across the United States are housed in the NACS Fuels Resource Center .

Electronic Logging Device Enforcement Grace Period Ends
The three-month enforcement grace period for use of electronic logging devices (ELD) to record CDL driver hours of service (HOS) ended on April 1, 2018. CDL drivers caught without an ELD after April 1 will be taken out of service for 10 hours, issued a civil penalty and have points added to their DOT safety scores. The ELD requirement was mandated by Congress in 2012 reauthorization legislation. ELD applies to most motor carriers and drivers who are currently required to prepare and retain written logbooks. ELD does not make any changes to driver HOS requirements. Instead, only the method for recording HOS is changed, from handwritten to electronic records. ELDs record driving time whenever the speed of a CMV exceeds 5 MPH. Petroleum marketers who operate under the 100 air-mile short haul exemption from keeping written logbooks are exempt from the ELD requirement as well. The short haul exemption requires a driver to stay within 100 air-miles from their point of origin, go off duty after 12 hours and take 10 consecutive hours off before returning to work. Trucks manufactured before model year 2000 are also exempt from the ELD mandate. 

The official deadline for installing ELD was December 18, 2017. The Commercial Vehicle Safety Alliance (CVSA), a group made up of state and federal motor carrier enforcement authorities nationwide, began partially enforcing the ELD mandate after the December deadline by issuing fines and points against motor carriers and drivers for violations. However, beginning April 1, drivers violating the ELD mandate will also be issued out of service orders. According to the CVSA, drivers receiving an out of service order may use paper logs to reach their final destination but may not be dispatched again for 10 hours and only then with a vehicle equipped with a fully functional ELD. 

Click here to see PMAA’s ELD Regulatory Compliance Bulletin.

Congress Seeking Solutions for Driver Shortage
The trucking industry has struggled with a shortage of drivers for nearly a decade and the problem is becoming more severe.

A bill that was introduced in the House recently would allow drivers under 21 years old to operate on interstate highways. Federal law currently restricts interstate trucking to CDL holders 21 years and older. However, most states allow drivers 18 or 19 and older to operate intrastate.

The DRIVE-safe Act, introduced by Reps Duncan Hunter (R-CA) and Rep Trey Hollingsworth (RIN), would allow drivers 18 and older to operate across state lines, if they meet rigorous training requirements — at least 400 hours of on-duty time with 240 hours of driving time with an experienced driver training them. Training would also be restricted to trucks equipped with active braking systems, video monitoring systems and speed limiters set to 65 mph or slower.

The “Developing Responsible Individuals for a Vibrant Economy Act”, H.R.5358, has received significant support from the industry, including UPS, the American Trucking Associations (ATA), the International Foodservice Distributors Association (IFDA) and the National Council of Chain Restaurants, a division of the National Retail Federation.

EPA to Ease Automobile Fuel Efficiency Standards
On April 2nd, the Environmental Protection Agency (EPA) announced that it will not be renewing Obama-era Corporate Average Fuel Economy (CAFE) standards for cars and light trucks when the program is scheduled to end in 2025. The Obama Administration initially set 50 miles per gallon (mpg) as an across the board fleet-wide target by 2025. However, the target will not be met because the EPA announced that there will be a reduction in CAFE standards already in place for 2022 through 2025. The EPA reports completion of a review that would affect vehicles for model years 202225 and details on new standards will be forthcoming. 

The EPA is taking the action because the regulation set under the Obama Administration “presents challenges for auto manufacturers due to feasibility and practicability, raises potential concerns related to automobile safety, and results in significant additional costs on consumers, especially low-income consumers.” Furthermore, the agency is taking the action because the market for electric vehicles hasn’t materialized as expected. Consumers are buying trucks and SUVs in record numbers while more fuel-efficient passenger cars and electric vehicle sales plummet. The EPA’s plan will essentially end the federal fuel efficiency program first initiated by the Obama Administration in 2008. EPA plans to partner with the National Highway Traffic Safety Administration (NHTSA) to come up with new standards.

The decision will set up a historic clash between the federal government and California which establishes its own strict mpg standards. California accounts for roughly 12 percent of new vehicle registrations annually, giving the state an outsized influence that largely dictates the standards by which auto manufacturers build cars. The Obama Administration aligned federal goals with California standards in 2008, temporarily resolving the federal/state regulatory conflict. EPA Administrator Scott Pruitt has already indicated that California “shouldn’t and can’t dictate to the rest of the country what these levels are going to be.” Bringing California into line would require eliminating the state's 50-year history of regulating mileage standards and vehicle emissions within its borders by revoking dozens of current waivers spanning decades. 

California Air Resources Board (CARB) vows to fight revocation of its Clean Air Act waiver authority. In September, California and four other states sued the federal government for delaying the rollout of the higher penalties, as did several environmental groups. A federal appeals court has set an April 12 hearing on the lawsuit. People familiar with the situation have said that California intends to withdraw its “deemed to comply provision,” a rule declaring that carmakers that satisfy the EPA’s tailpipe greenhouse gas standards automatically fulfill California’s rules too.

Federated Insurance Complimentary Webinar
Distracted Driving: Reinforcing the Importance of Driving S.A.F.E.
Tuesday, April 17, 2018 (1:00 PM CT)
30 minutes | Complimentary | Advance registration required

Distracted Driving awareness month occurs each April with companies, large and small, using this as an opportunity to reinforce best practices and driving habits behind the wheel in their businesses.

Tragically, our nation’s roadways are seeing significant year-over-year increases in deaths and injuries on our roadways. This webinar will discuss resources Federated has available to assist clients in distracted driving training and awareness, reinforce the importance of strong policies and procedures as they pertain to both employer and employee responsibility, and introduce new in-cab technology options to monitor and reinforce good employee driving behaviors behind the wheel.

Please click HERE for more information and registration.