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 


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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Friday, July 29, 2022

  • 2022 OPMCA Fall Outing Registration Continues
  • Please Join EMA at the 2022 NACS Show!
  • OCC PSTD Summer Industry Roundtable Follow-Up
  • OCC - Permanent Rule Documents
  • EMA Regulatory Report - Legalized Marijuana and CBD Oil Strictly Prohibited Under DOST Drug Testing Regulations
  • U.S. DOT Provides States with $44 Million to Speed CDL Licensing
  • FDA Issues Warning Letters for Unauthorized Sales of Synthetic Nicotine
  • Federated Insurance - July 2022 Educational Articles

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 

OCC PSTD Summer Industry Roundtable Follow-up

The Oklahoma Corporation Commission's Petroleum Storage Tank Division would like to thank industry stakeholders for participating in the annual Summer Industry Roundtable Meeting held on July 14, 2022. We greatly appreciate everyone who provided input on the issues discussed at the meeting. We believe partnering with industry serves as an invaluable asset and will optimize our efforts to meet the needs of stakeholders. 


We also want to thank Commissioner Dana Murphy for participating in the meeting and providing the impetus for staff and stakeholder collaboration. Thanks as well to the Oklahoma Petroleum Marketers and Convenience Store Association for its efforts in ensuring members are informed and have the opportunity to engage with staff.   


A video of the meeting has been posted on the Division's webpage at the link below. In addition to the video, a summary of the meeting has also been posted.



PST Industry Meetings (oklahoma.gov)

  

Best Regards,

Petroleum Storage Tank Division


Oklahoma Corporation Commission - Permanent Rule Documents

Following the Governor’s declaration approving the Oklahoma Corporation Commission’s rule amendments, the OCC submitted the below Permanent Rule Documents for publication in the Oklahoma Register. The effective date for each of these amended chapters is October 1, 2022. Updated versions of the rules will be distributed prior to the effective date. 


The Permanent Rule Documents are hyperlinked below and will be placed on the OCC website at https://oklahoma.gov/occ/dockets/rules.html.


For questions regarding the Permanent Rule Documents for Chapters 5 and 14, please reach out to Jeff Kline at jeff.kline@occ.ok.gov or (405) 521-2308. For questions regarding the Permanent Rule Document for Chapter 10, please contact Susan Dennehy Conrad at susan.conrad@occ.ok.gov or (405) 521-3939.  For questions regarding the Permanent Rule Documents for Chapters 15, 25 and 26, please contact Daniel Boyle at daniel.boyle@occ.ok.gov or (405) 521-4749.

EMA Regulatory Report: Legalized Marijuana and CBD Oil Strictly Prohibited Under DOT Drug Testing Regulations

The U.S. Department of Transportation’s (DOT) Office of Drug and Alcohol has clarified the agency’s drug and alcohol policy concerning the legalized use under state laws of CBD oil and marijuana by CDL drivers. The policy is important to energy marketers and heating fuel dealers because it addresses how state legalization of CBD oil and marijuana for medical and recreation purposes is treated under U.S. DOT drug testing requirements for CDL drivers (49 CFR Part 40). The federal DOT does not recognize state legalization laws. The substances are banned under federal law.


Both CBD oil and marijuana contain THC, a banned Schedule 1 substance under U.S. DOT regulations. CBD oil derived from hemp contains 0.3% concentration of THC. THC concentrations in marijuana may range from anywhere between 5% and 30%. The U.S. DOT drug testing regulations do not authorize the use of Schedule I drugs for any reason. Therefore, a medical review officer (MRO) conducting driver drug tests will not issue a negative test result simply because the THC detected in a driver’s urine specimen was from the legalized recreational use of CBD oil or marijuana. In addition, an MRO will not issue a negative drug test based upon information that a physician recommended that the employee use medical marijuana where states have passed medical marijuana initiatives. Instead, THC from these (or any other) source will result in a positive test for the driver.


What Do U.S. DOT Regulations Require?


  • Use of THC is forbidden for a regulated driver, no matter the source. As a result, medical and recreational marijuana and CBD oils, even if legal under state law, are banned under federal law.
  • Since THC is banned under DOT drug testing regulations, a medical review officer (MRO) must not take the medicinal use of a CBD oil into consideration when determining a drug test result.
  • A positive drug test result requires the motor carrier to remove the driver from safety-sensitive functions until specific steps in the DOT return-to-duty process are successfully completed. After a positive test, the driver must:
  • Be evaluated by a substance abuse professional,
  • Complete prescribed drug rehabilitation treatment, and
  • Have negative results for follow-up testing.


Communicate Cautions to CDL Drivers


  • A driver’s career may be in jeopardy if a drug screen comes back positive. To avoid any misunderstandings surrounding the use of CBD oils and legalized medical or recreation use of marijuana, employers should communicate the following to CDL drivers:
  • Trace amounts of THC from CBD oils or marijuana may show up in a DOT urine specimen for many days after use,
  • MROs will not accept CBD oil or marijuana as a valid medical explanation for a positive DOT drug test, and
  • Enforcement authorities may consider CBD oil in a commercial vehicle as possession. Officers are unable to determine the concentration of THC in the oil, and there has been no official guidance for them to follow. 

U.S. DOT Provides States with $44 Million to Speed CDL Licensing

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is awarding more than $44 million in grants designed to make the process to obtain a Commercial Driver’s License (CDL) more efficient. The funding is part of the administration’s Trucking Action Plan (TAP) authorized last year under the Bipartisan Infrastructure L-aw. Under TAP, states will be able to improve their CDL programs by reducing wait times, ensuring conviction and disqualification data is electronically exchanged and implementing regulatory requirements. Earlier this year, the U.S. DOT provided $56 million in grants to states to kick start the drive for speedier CDL processing. According to the DOT, this resulted in a 112 percent increase in CDL processing in January and February 2022 compared to January and February 2021.


EMA plans to discuss streamlining the hazardous material endorsement training and testing process to increase the number of CDL drivers qualified to haul petroleum products. EMA is asking for the creation of a new hazardous material training and testing module that focusses solely on petroleum products. The streamlined training and testing process will require a new hazardous material endorsement (“P” in place of the current “H”) that restricts driver qualification to petroleum products. EMA believes the module approach will likely result in a higher pass rate while removing cost and time disincentives that discourage drivers from initially pursuing an H endorsement or retaking the test after failing. The licensing restriction would also increase the pool of qualified drivers available to the petroleum industry and increase driver retention as well.

FDA Issues Warning Letters for Unauthorized Sales of Synthetic Nicotine

The Consolidated Appropriations Act that went into effect on April 14 clarified the FDA’s authority to regulate tobacco products containing nicotine from any source, including synthetic nicotine. Recently, FDA issued its first two warning letters to manufacturers for unlawfully marketing non-tobacco nicotine e-liquid products without the required authorization. Collectively, these two companies, AZ Swagg Sauce LLC and Electric Smoke Vapor House, have listed a combined total of approximately 10,000 products with FDA. Neither company submitted a premarket application for its non-tobacco nicotine products by the May 14, 2022, deadline as required by the new law.


In addition, FDA issued 107 warning letters to retailers for illegally selling non-tobacco nicotine products, including certain e-cigarette or e-liquid products, to underage purchasers. The law makes it clear that tobacco products, including non-tobacco derived nicotine products, cannot be sold legally to customers under age 21 following passage of the new law.


Any new non-tobacco nicotine product that has not received premarket authorization from FDA cannot be legally marketed. FDA is processing applications for one million non-tobacco nicotine products submitted by more than 200 manufacturers by the May 14, 2022, deadline. FDA is preparing to issue refuse-to-accept (RTA) letters soon for those applications that do not meet the criteria for acceptance.

When companies are found to be illegally marketing non-tobacco nicotine products, the agency will typically first issue warning letters to achieve voluntary compliance and will pursue enforcement actions, as needed, including civil money penalties, no-tobacco sale orders, seizure, or injunction. In addition, any unauthorized non-tobacco nicotine products detected for import into the United States can be detained or refused admission.

Federated Insurance - July 2022 Educational Articles

Attached are links to articles provided by Federated Insurance:

 

Risk Management Corner tackles subjects related to workplace safety

Do You Have Your Employee’s Backs – Literally? (federatedinsurance.com)


HR Question of the Month provides a human resources-related question and answer from independent legal professionals

Remote Employees? (federatedinsurance.com)


It’s Your Life discusses concepts related to life and disability income insurance

Planning for the Family Business Transition: "What's Next" (federatedinsurance.com)

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