NPCA Member Newsletter September 1, 2017

YOUR WEEKLY MEMBER NEWS LETTER: is a service provided only to members of the Nebraska Petroleum Markers & Convenience Store Association (NPCA). If you have any key personnel that would like to be added at no additional charge, please feel free to reply to tkeigher@npcainc.com, katie@npcainc.com or call (402)-474-6691.

BREAKING NEWS... PMAA Requests and Receives Multi-State Hours of Service Waiver

Yesterday evening, the Federal Motor Carrier Safety Administration (FMCSA) granted an immediate regional Hours of Service waiver for the following PMAA member states: Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, South Carolina, North Carolina, Virginia, Washington D.C. and West Virginia. The emergency declaration applies to all states and jurisdictions listed in the letter. The "emergency" is normal fuel supply and distribution activities in those states and jurisdictions caused by pipeline and refinery outages. This waiver covers all fuel deliveries in the states and jurisdictions listed because they support the "emergency" which in this case is maintaining adequate fuel supply in those areas. Short answer all fuel deliveries are covered. Important: The FMCSA waiver covers interstate delivery of fuel in and out of the states and jurisdictions listed in the waiver letter. The FMCSA waiver does not cover intrastate deliveries since it is a state issue. Click here to read the letter.

PMAA requested the waiver in response to the ongoing flooding that has caused fuel supply shortages throughout much of the country, therefore, requiring petroleum marketers to travel significant distances to secure fuel. Please click here to view the letter sent yesterday.

Meanwhile, PMAA urged the EPA for a multi-state emergency fuel waiver earlier this week. PMAA requested that EPA waive the 9.0 RVP requirements through September 15th, permitting the distribution of 11.5 RVP fuel, and waive the prohibition on comingling Conventional and Reformulated Gasoline through September 15. EPA Administrator Scott Pruitt announced on Wednesday that EPA was issuing an emergency fuel waiver to help ensure an adequate supply of fuel throughout the country, as a result of the continuing effects on refineries and disruption to the fuel distribution system caused by Hurricane Harvey. The waiver waives requirements for reformulated gasoline and low volatility conventional gasoline through Sept. 15 in the following states and District of Columbia: all east coast states located in PADD 1 - Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont, Delaware, District of Columbia, Maryland, New Jersey, New York, and Pennsylvania, Florida, Georgia, North Carolina, South Carolina, Virginia, and West Virginia; all Midwestern states located in PADD 2 - Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Ohio, Oklahoma, Tennessee, and Wisconsin; and all Gulf coast states located in PADD 3 - Alabama, Arkansas, Louisiana, Mississippi, New Mexico, and Texas. Click here to read Multi-State Fuel Waiver.

Please Donate to the Fuel Relief Fund to Assist in Hurricane Harvey Recovery Efforts

Fuel Relief Fund (FRF) is responding to the devastating Category 4 Hurricane Harvey that hit the coast of TX, by providing free fuel needed for emergency medical vehicles, police and fire responders. Due to current power outages and flooding there will be a desperate need to fuel generators as well. The country's refining and pipeline network have been forced to temporarily shut down which as lead to severe gasoline shortages across the impacted region. Fuel is needed to power generators and provides victims access to emergency care and shelter. Sometimes they just need a few gallons to flee the area. The FRF can provide this fuel for generators in nursing homes and care facilities. Free fuel will also be given to individuals so they can access resources such as food, water, and shelter.

Please support the FRF's efforts and consider participating by making a donation now.
You can also: Click HERE to send your donation now or through - PayPal
- TEXT +1 949-304-5338 to give via our secure Text-to-Give pay system. Simply type the amount you are giving in the text message (i.e. "100") - that's it!
- Mail FRF a check made out to Fuel Relief Fund, 5230 Wilson St., Riverside, CA 92509.

Hurricane Harvey - PMAA Stands Ready to Help

With Hurricane Harvey approaching Texas and Louisiana as the largest hurricane to hit the U.S. in 12 years, PMAA reminds you that we are available to help with federal and national communications and requests. We also wish to remind you of the national Energy Waiver Library, a helpful resource produced by the Department of Energy (DOE) with PMAA's support. The Energy Waiver Library consolidates resources from across the Federal Government to create a central location for common waivers and special permits used for energy response (RVP, RFG, HOS, Jones Act, IRS, FMCSA and PHMSA waivers). DOE has consolidated and verified resources and includes background on the waiver or special permit, historical examples of past use, links to previously issued waivers, and an appropriate point of contact to request such waivers should the need arise.

In addition, the site has links to national policies of significance such as the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

This information is intended to assist the sector, as well as state, local, tribal and territorial partners to identify appropriate federal regulatory assistance during disasters.

The library can be found at https://energy.gov/oe/energy-waiver-library.

PMAA is participating in federal government and affected industry calls regarding preparation and response to Hurricane Harvey, and we are prepared to join the Department of Energy's National Command Center should that become operational.

PMAA Submits RFS Comments to the EPA

Yesterday, PMAA submitted comments to the EPA regarding its proposed rulemaking on the federal Renewable Fuel Standard (RFS) which assigns 2018 volumetric blending mandates for ethanol, cellulosic biofuel and biomass-biodiesel mandates for 2019. The main concern PMAA has with the proposed standard is its 15-billion-gallon ethanol volumetric blending mandate for 2018.

PMAA urged the EPA to fix the RFS by immediately reducing the maximum amount of ethanol blended into gasoline at 9.7 percent of anticipated demand for 2018 and future years. PMAA believes that reducing the ethanol mandate to this level is the most effective way to lower the value of RINS and, in turn, allow all petroleum marketers to compete on a level playing field and not break the law by storing and dispensing a product that is not compatible with their storage tank systems

Click here to read PMAA's comments.

Urge Your Members of Congress to Delay the Electronic Logging Device Mandate

As part of the Moving Ahead for Progress in the 21st Century (MAP-21) Act, Congress mandated that commercial vehicles operating in interstate commerce must be equipped with electronic logging devices (ELDs). The ELD mandate requires all CDL drivers to replace paper log books for recording driver hours of service with FMCSA approved and certified ELDs by December 18, 2017. For trucks already equipped with automatic onboard recording devices, the switch over to ELDs is not required until December 16, 2019. Short haul drivers operating under the 100-air mile exception for written log books are exempt from the ELD requirement. To execute this mandate, the Federal Motor Carrier Safety Administration (FMCSA) published the ELD final rule in December 2015.

However, Congressman Brian Babin (R-TX) recently introduced an amendment (#35) to H.R. 3354, the "Make America Secure and Prosperous Appropriations Act," that would delay the current implementation deadline for FMCSA's ELD mandate until September 30, 2018. This responsible delay would provide the agency, law enforcement and the regulated community more time to sufficiently prepare for implementation of this complex rule.

PMAA supports delaying the ELD mandate because it unfairly burdens small businesses, will not improve safety, violates drivers' harassment and privacy rights and provides a flawed cost-benefit analysis. Click here to send comments to your members of Congress.

EPA Announces Teleconferences for Seeking Input on WOTUS Rule

Last week, the EPA and the U.S. Department of the Army announced that they will hold ten teleconferences to hear from stakeholders regarding their recommendations to revise the definition of the Obama administration's Waters of the U.S. (WOTUS) rule under the Clean Water Act (CWA). The rule is important to petroleum marketers because it defines how far federal clean water regulations extend into local land use and permitting decisions including the construction of new gasoline stations and surface water runoff from parking and fueling areas. Many petroleum marketers with bulk storage could also be adversely affected by the revised 2015 definition from the Obama Administration.

Nine of the teleconferences will be tailored to a specific sector, including one for the energy industry. One of the teleconferences will be open to the general public. The teleconferences will run throughout the fall beginning on September 19 and there will be an in-person meeting with small entities on October 23.

Since President Trump issued his executive order on the WOTUS rule in February, EPA Administrator Scott Pruitt has been working on a two-step process to repeal the rule and create his own, narrower definition of the rule. The teleconferences are intended to solicit recommendations for the Step 2 rulemaking to define "waters of the United States." During the teleconferences, EPA will provide background information on the Step 2 rulemaking and progress to date.

Last month, the EPA extended the public comment period for commenting on its efforts to repeal the rule by one month, until September 27.

Announcing Our Fall Meeting Partner Sponsors!

PMAA wants to give a huge THANK YOU to our Fall Meeting 2017 Partner Sponsors: Federated Insurance, RAI Trade Marketing Services, INTL FCStone Financial, Inc., Source North America Corporation, Oil Price Information Service (OPIS) Spirit® Petroleum, Multipoint Inc. and Worldpay.

We appreciate the loyalty and support of our PMAA Corporate Partners and their continuous commitment to the petroleum industry. For more information on our Partner Programs and to be a Fall Meeting Event Sponsor, please contact Susan Isard.

August 2017 PMAA Small Business Committee (SBC) PAC Contributions

PAC Co-Chairs Brad Bell and Tim Keigher are grateful for the PMAA Small Business Committee (SBC) PAC contributions from the following individuals during the August 1 - 31, 2017-time frame:

Idaho : Brett Adams, Ron Berry, Eric Busch, Dennis Campo, Bob Coleman, Ian Coleman, Holly Claiborn, Bonnie Grande, Mike Jensen, Charley Jones, Justin Kerr, Jim Lynch, Steve Tubbs

Montana: Wes Burley

Nebraska: Mark Lippincott, Thomas Lippincott, Daniel O'Neill

Virginia: James Addington, M. C. Andrews, Lash Barksdale, Danny Cockerham, Gary Gilmore, Timothy Hutchens, Chris Kimbler, Bill Lester, William Murphy, Michael O'Connor, Ronald Prewitt, James Ridenour Sr., William Russell, Herman Sadler, Sherri Stone

PMAA MDF Contributors for August 2017

PMAA's Marketer Defense Fund wants to thank the following individuals for their contributions during the August 1- 31 timeframe:

Colorado: Brian Haldorson

Florida : P.N. Risser III

Missouri : Stephen Ayers

North Carolina : T. Scott Aman

Oregon : Lila Leathers-Fitz, John Truax

Pennsylvania : Steve Oehlert

Corporate donations are acceptable. MDF funds have been used for various studies, litigation and disaster relief dedicated to strengthening our lobbying efforts on Capitol Hill. Click here to donate to the PMAA MDF.

PMAA Corporate Platinum Partner Spotlight Featuring: Federated Insurance Sponsored Webinar on September 19 at 2:00pm ET: Employment Insights - The Hidden Dangers of Oversharing

This one-hour webinar will explain some of the dangers of oversharing at work or with employees, and the potential claims that result when employees overshare with employers,
co-workers, customers, and vendors.

We'll also discuss some practical steps you can take today to avoid making these mistakes and to minimize the chances that an employee can make a valid claim of discrimination or retaliation against you as a result of sending or receiving inappropriate information.

Advance Registration is required.

For additional information or to discuss this in further detail, please contact your Federated regional representative or PMAA's National Account Executive Jerry Leemkuil at 800.533.0472. Federated is a PMAA Corporate Platinum Partner.

PMAA Member Services Spotlight Featuring: Laborchex A Serious Message to Clients Who Hire Anyone Who Drives a Vehicle

PLEASE think about this:

You hire sales representatives who are on the road making calls. The representatives use their own vehicles and pay for insurance. You reimburse theses employees for some expenses. One day the representative runs a stop sign while looking at a cell phone and causes an accident in which the driver and passenger in the car he/she hit are seriously injured. The investigating officer on the scene immediately learns that your employee has been driving with an expired, suspended, or revoked license.

To read our response and recommendation of the story in its entirety, please view here.

Please note that the general information provided is not a substitute for legal advice. Please consult with your legal counsel regarding these topics and other general employment questions.

Laborchex, a PMAA Vendor who has been serving clients nationwide since 1991, provides a program of background checks for PMAA members. For more information and to discuss your needs, please review PMAA's current program or email PMAA's New Account Consultant Ricky Rayborn or call him directly at 601.832.2174.