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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.
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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
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2018-2019 Board of Directors
Tommy Shreffler, Chairman
OnCue Marketing, LLC
Jerry Davidson
Pete’s Corporation
Jason Flinn
Flowers Oil Company
Teresa Hollenbeck
Red Rock Distributing Company
Kurtis Hutchinson
Hutchinson Oil Company
Brian Lohman
ASAP Energy, Inc.
John Netherton
Danielson Fuel Services
Duff Thompson
AVP Metro Petroleum LLC
Rob Toth
Coffeyville Resource
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- Last Chance to Advertise in OPMCA Membership Directory!
- Facility Portal Postcards
- FMCSA Online Driver Drug and Alcohol Database Requirements Set to Start January 1, 2020
- EPA Administrator Directs Agency Leaders to Reform How Costs and Benefits Are Considered in Rulemaking Process
- RFS Does Little to Reduce Gas Prices – GAO
- Federated Insurance Complimentary Webinar
- Federated Insurance Risk Management Academy Offered September 11-13, 2019
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Last Chance to Advertise in the
2019-2020 Membership Directory!
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Our publishing partner, E&M Consulting, is in the final stages of wrapping up production on the 2019 Membership Directory.
This is the last opportunity to advertise, directories will be finished and going out in July!
Don't hesitate to call
Rob at 918-992-6223
if you have any questions. As always, your support of OPMCA is greatly appreciated!
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SAVE OUR DATES!!
Coming up at OPMCA:
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OPMCA Annual Business NEXT WEEK!
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Please join us for the 2019 OPMCA Annual Business Meeting held on Wednesday, June 19, 2019 at The Press. The Luncheon will take place from 11am to 1pm with legislative and financial updates, a new slate of officers, as well as proposed OPMCA Bylaws changes.
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The 2019 OPMCA Fall Outing will be held on Sept. 9-10 at the Shangri-La Golf Club, Resort and Marina. Additional information and registration to come soon, mark your calendars in the meantime!
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Facility Portal Postcards
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The
attached postcard
regarding the new Facility Portal has been mailed to all tank owners as of last week. The postcard is a reminder to register for access because beginning July 1, 2019, paper forms will no longer be accepted and must be submitted electronically. We wanted all tank owners to be aware of the mail out in case there are any questions.
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FMCSA Online Driver Drug and Alcohol Database Requirements Set to Start January 1, 2020
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The Federal Motor Carrier Administration (FMCSA) is establishing the Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse (Clearinghouse). This new database will contain information pertaining to violations of the U.S. Department of Transportation (DOT) controlled substances (drug) and alcohol testing program for CDL drivers. Congress required the FMCSA to create the Clearinghouse in Section 32402 of the “Moving Ahead for Progress in the 21st Century Act (MAP-21).”
The Clearinghouse will provide FMCSA and employers the necessary tools to identify drivers who are prohibited from operating a CMV based on DOT drug and alcohol program violations and ensure that such drivers receive the required evaluation and treatment before operating a CMV on public roads. Specifically, information maintained in the Clearinghouse will enable employers to identify drivers who commit a drug or alcohol program violation while working for one employer, but who fail to subsequently inform another employer (as required by current regulations). Records of drug and alcohol program violations will remain in the Clearinghouse for five years, or until the driver has completed the return-to-duty process, whichever is later. FMCSA’s Clearinghouse is scheduled to be implemented later this Fall.
Driver Requirements
Under the FMCSA program, every CDL driver who applies for a driving job must register in the online Drug & Alcohol Clearinghouse beginning January 1, 2020. FMCSA’s Clearinghouse will require every driver who applies for a CDL driving job to:
- Register with the Clearinghouse.
- Log on to the Clearinghouse to provide an electronic “consent” to a prospective employer to search the Clearinghouse for the full details of any prior drug or alcohol program violations.
According to the FMCSA, the Clearinghouse website is the only valid method for drivers to provide consent for employers to access their drug and alcohol history. Drivers who fail to provide timely consent may result in a driver being prohibited from performing safety-sensitive functions (hauling HAZMAT) for that employer.
Employer Requirements
The Clearinghouse will require employers to do the following:
- Employers must query the Clearinghouse for current and prospective employees' drug and alcohol violations before permitting those employees to operate a commercial motor vehicle (CMV) on public roads.
- Employers annually query the Clearinghouse for each driver they currently employ.
State Driver Licensing Agencies will be required to query the Clearinghouse whenever a CDL is issued, renewed, transferred, or upgraded.
PMAA Will send out a more detailed compliance bulletin in June and follow up reminders through December.
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EPA Administrator Directs Agency Leaders to Reform How Costs and Benefits Are Considered in Rulemaking Process
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In a re-direction that will significantly alter some EPA rule proposals, EPA Administrator Andrew Wheeler signed a
memo on May 13, 2019 directing agency leadership to develop rules for notice and comment that outline how cost-benefit considerations will be applied to future rulemakings.
The memorandum describes how, as part of the EPA efforts to advance its mission of protecting public health and the environment, the agency should also ensure that its regulatory decisions are rooted in sound, transparent and consistent approaches to evaluating benefits and costs. Many EPA statutes contemplate the consideration of benefits and costs as part of regulatory decision-making. However, benefits and costs have historically been treated differently, depending on the media office and the underlying authority. This has resulted in various concepts of benefits, costs and other factors that may be considered. This memo will initiate an effort to rectify these inconsistencies through statute-specific actions. With these improvements, the EPA is “taking another step to provide the public with a more open federal government and more effective environmental and public health protection.”
Administrator Wheeler outlined the following principles to be followed in developing regulatory proposals: ensuring the agency balances benefits and costs in regulatory decision-making; increasing consistency in the interpretation of statutory terminology; providing transparency in the weight assigned to various factors in regulatory decisions; and promoting adherence to best practices in conducting the technical analysis used to inform decisions. The first proposal is due from the air office later this year.
According to the National Association of Manufacturers President and CEO Jay Timmons, "Reforming the way the EPA performs cost-benefit analysis is likely to have a greater positive impact on the future of manufacturing in America than any single EPA regulatory action."
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2019 Federal Heavy Highway Vehicle Use Tax
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The 2019 Heavy Highway Vehicle Use (HHVU) tax reporting year runs from July 1, 2019 to June 30, 2020. The HHVU tax is paid on each commercial motor vehicle with a gross vehicle weight of 55,000 pounds or greater that travels 5,000 miles or more per year. The HHVU applies to most petroleum cargo tank vehicles and transports. Once the HHVU tax is filed and paid, the IRS will send back a stamped IRS Form 2290 Schedule 1 within six weeks.
Click
here
to read PMAA’s compliance bulletin.
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RFS Does Little to Reduce Gas Prices – GAO
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Last Monday, the Government Accountability Office (GAO), which provides auditing, evaluation and investigative services for the U.S. Congress, released a report on the RFS which concluded that the program has done little to reduce prices at the pump. Citing evidence from several studies, expert interviews and analysis, the GAO reported that states outside of the Midwest saw pump prices rise due to transportation costs and lack of adequate infrastructure. The GAO also analyzed historical RIN values and efforts to date to reform the RFS RINs market such as changing the point of obligation. Finally, the GAO concluded that the RFS has had a limited impact on reducing America’s carbon footprint.
Click
here to read the report.
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Federated Insurance Complimentary Webinar
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Hidden Dangers of Employee Interactions
Tuesday, June 18, 2019, 1:00 p.m. CT
60 minutes | Advance registration required
In this webinar, Federated Insurance will address employee interactions that provide opportunities to reduce the risk of claims and accidents. Federated will offer examples and provide practical pointers that any employer can use right away.
Recommended Participants:
Risk Managers, Operations Managers, Owner/Operators, HR Managers
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Federated Insurance Risk Management Academy Offered September 11-13, 2019
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Federated Insurance is offering complimentary risk management training for petroleum marketers on September 11-13, 2019. Through this valuable session, you will discover methods you can use immediately to help protect profits by reducing risk at your business.
Companies that are the most successful at controlling losses and protecting profits have integrated risk management into their overall company culture. Many have designated a key person as their risk manager. This person is supported by top management and is both responsible and accountable for identifying loss exposures and implementing risk management solutions.
This seminar’s objective is to help your risk manager learn the exposures specific to the petroleum industry, connect with peers from across the country and apply these best practices within your business.
“Attending this training is one of the best investments you can make to help protect your business and its bottom line!” 2018 RMA Attendee
You can learn more by viewing a brief
video about the Risk Management Academy. To
reserve your spot in the upcoming session or for more information, please contact Royetta Spurgeon or (800)533-0472 Ext. 455-5604 or visit
Federated's website.
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