• 2022 OPMCA Fall Outing Registration NOW OPEN!
• Please Join EMA at the 2022 NACS Show! September 30-October 4
• National Roadside Commercial Motor Vehicle Enforcement Blitz
• FMCSA Warns Motor Carriers to Upgrade HOS Electronic Recording Devices
• EMA Compliance Report:  2022-2023 Federal Heavy Highway Vehicle Use Tax Due August 31 for Vehicles Used on Road During July 2022
• EPA Extends Emergency RVP Waiver Permitting the Summertime Sale of E15 Nationwide

The 2022 OPMCA Fall Outing will be hosted at Shangri-La resort on Monday, Sept. 12th and Tuesday, Sept. 13th. 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!

REGISTER HERE!

Please Join EMA at the 2022 NACS Show! September 30 - October 4 

Registration is now open for the 2022 NACS Show in Las Vegas September 30 – October 4! The Early Bird Special is available for Energy Marketers of America members (even if you are also a member of the NACS) through July 1 by CLICKING HERE.

When prompted, enter the EMA NACS Show Registration Code: EMANS2022

**Please note that the NACS Show registration is separate from EMA’s Fall Meeting registration which will open later this month. You can find all available details, including EMA’s Fall Meeting Conference Schedule (September 30-October 1), EMA Housing link and NACS Show registration for EMA Members by CLICKING HERE.

Again, the EMA NACS Show Registration Code is: EMANS2022 

National Roadside Commercial Motor Vehicle Enforcement Blitz Scheduled for July 10-16, 2022

Energy marketers with transportation operations should be prepared for a nationwide roadside commercial motor vehicle (CMV) enforcement blitz scheduled to take place July 10 -16, 2022. Operation Safe Driver Week is an annual event organized by the Commercial Vehicle Safety Alliance (CVSA), a group of state and local transportation enforcement personnel and the Federal Motor Carrier Safety Administration (FMCSA). The goal of Operation Safe Driver Week is to take unsafe CDL drivers and vehicles off the road, increase awareness of inspections and their function, educate drivers about vehicle maintenance and safe operation and gather general motor carrier compliance data. The joint effort will fan out more than 10,000 enforcement personnel at 1,500 sites nationwide to identify unsafe CDL drivers. During the weeklong enforcement blitz, enforcement personnel will be focusing on unsafe driving violations including speeding, improper lane change, improper lane travel, following too closely, distracted driving (including cell phone use), driving under the influence, failure to wear a seat belt, failure to obey traffic signals and more. Identified unsafe drivers will be pulled over and issued a citation, warning or issued an out of service order for driver and/or vehicle.

According to the FMCSA, the average out of service order costs a CMV carrier approximately $861, excluding fines and penalties. A recent FMCSA CMV crash study found that driver behavior is the cause of 94 percent of all CMV crashes. A total of 4014 people died in CMV crashes in 2020. Fifteen percent of these deaths were truck occupants, 68 percent were occupants of cars and sixteen percent were pedestrians, bicyclists or motorcyclists. The FMCSA is concerned that despite ongoing enforcement efforts, CMV related accidents and deaths continue to rise.

A similar CVSA enforcement blitz in April and focusing on CMV brakes resulted in 8750 inspections nationwide with 1228 out of service orders issued. Energy marketers should alert CDL drivers to the increased level of enforcement during the upcoming Operation Safe Driver Week.

FMCSA Warns Motor Carriers to Upgrade HOS Electronic Recording Devices

The Federal Motor Carrier Safety Administration (FMCSA) is warning motor carriers, including energy marketers using hours of service (HOS) electronic recording devices (ELD), to upgrade to 5G networks. The warning comes as mobile carriers are shutting down their 3G networks to make room for more advanced network services, including 5G. As a result, many older cell phones and HOS ELDs devices will be unable to use data services. Once a 3G network is no longer supported, it is highly unlikely that any ELDs relying on that network will be able to meet the minimum requirements established by the ELD Technical Specifications, including recording all required data elements and transferring ELD output files.

As a result, any ELD that requires 3G cellular connectivity to perform its functionality will no longer be in compliance with the technical specifications in the ELD rule after the 3G network it relies on sunsets according to the FMCSA. When in an area that does not support 3G, a 3G device will register a malfunction. In accordance with 49 CFR 395.34, the carrier has 8 days to get the malfunction resolved, in this case by replacement, unless an extension is granted.

The announced sunset dates below are subject to change (contact your mobile carrier for updates).

• AT&T 3G: February 22, 2022
• Sprint 3G (T-Mobile): March 31, 2022
• Sprint LTE (T-Mobile): June 30, 2022
• T-Mobile 3G: July 1, 2022
• Verizon 3G: December 31, 2022

Many other carriers, such as Cricket, Boost, Straight Talk, and several Lifeline mobile service providers, utilize the AT&T, Verizon, and T-Mobile networks.



Energy marketers unsure of whether their ELD relies on a 3G network should contact their ELD provider. No further action is necessary for ELDs not reliant on a 3G network. Energy marketers with 3G ELD devices should ask their ELD providers about their plan for equipment replacement or software upgrade to remain in compliance. 

EMA Compliance Report: 2022-2023 Federal Heavy Highway Vehicle Use Tax Due August 31 for Vehicles Used on Road during July 2022

The 2022 Heavy Highway Vehicle Use (HHVU) tax reporting period runs from July 1, 2022 to June 30, 2023. 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 filers a stamped IRS Form 2290 Schedule 1, proof of payment within 6 weeks.

CLICK HERE TO READ THE FULL EMA COMPLIANCE REPORT

EPA Extends Emergency RVP Waiver Permitting the Summertime Sale of E15 Nationwide

The EPA issued another 20-day extension of the temporary emergency waiver effective July 1, 2022 that allows the nationwide sale of E15 during the summer driving season. The EPA cites the “extreme and unusual” global fuel supply shortages caused by the war in Ukraine affecting all regions of the nation as a continuing justification for the waiver. The temporary waiver is authorized under Clean Air Act and extends the current waiver to 11:59 PM on July 20, 2022.

EMA has repeatedly warned both the EPA and the White House of the limitations involving the sale of E15 for the majority of retail gasoline stations across the nation. Those limitations include compatibility issues with existing UST system components, motorcycles, boats and small gasoline powered equipment and downstream supply chain disruptions. As a result, only 1.5 percent of the 150,000 gasoline stations nationwide are equipped to sell E15. While the emergency waiver is only valid for a maximum 20 days, the EPA said it will issue waiver extensions “so long as the current fuel supply emergency continues.”



UUnder the temporary waiver, gasoline that does not meet the applicable RVP requirements may not be introduced into terminal storage tanks from which gasoline is dispensed into trucks for distribution to retail outlets in the designated states after July 20, 2022, unless EPA extends the waiver. In addition, any gasoline meeting the conditions of the waiver that is stored in terminal storage tanks for distribution to retail outlets and wholesale purchaser-consumers may be distributed and sold in subject areas in the designated states until the supply is depleted. Likewise, retailers and wholesale purchaser consumers in these areas may continue selling or dispensing gasoline that meets the conditions of the waiver after July 20, 2022 until supplies in their E15 storage tanks are depleted. EMA expects the EPA will extend the temporary waiver until the end or the summer driving season on September 15.

In areas of the country where the 1.0 psi increase for E10 is not allowed through state or EPA regulations (e.g., in reformulated gasoline areas) E15 can already be sold in the summer and no action is needed under the temporary waiver to continue to allow the sale.

EMA will report additional waiver related developments as they occur.