Congratulations to the first ever recipient of the OPMCA Distinguished Service Award, Jim Griffith OnCue CEO! Jim was celebrated with a surprise luncheon with those that have worked with him in the industry for many years. Jim's journey in the c-store industry has not only been influential but extremely beneficial. We thank you for your service to OPMCA and the industry! Please click HERE to read more about Jim and his impact.

The Transportation Security Administration (TSA) has granted an extension of the exemption that allows state motor vehicle licensing agencies to extend expiring CDL driver hazardous material endorsements through December 31, 2020. The current HME extension was set to expire on October 30, 2020. The TSA action is important to petroleum marketers and heating fuel dealers because it ensures CDL drivers with expiring HMEs can maintain their licensure without interruption during the coronavirus emergency.

Click here to view the full Regulatory Alert.

The U.S. Small Business Administration (SBA) announced a simpler loan forgiveness application for Paycheck Protection Program (PPP) borrowers of $50,000 or less. The new streamlined application is 2 pages, making it much easier on small businesses. While applicants still need to be approved to receive loan forgiveness, borrowers of $50,000 or less now have less paperwork to be approved for loan forgiveness.

Click here to view the SBA Press Release which also provides the new application.

The National Leak Prevention Association-Ken Wilcox Associates, Inc. (NLPA/KWA) recently completed the development of a standard for the repair of UST system containment sumps. Under EPA UST regulations (40 CFR 280.33(a)), all UST system repairs must be conducted according to a code of practice developed by a nationally recognized association or an independent testing laboratory to ensure that repairs will prevent releases once the sump is returned to service. Without proper repairs, sumps may fail to prevent releases when piping or pumping equipment leaks. The EPA has authorized Standard 823 as compliant for the proper repair of UST system sumps.

Specifically, NLPA/KWA Standard 823 establishes requirements for repairing sumps due to structural failure or corrosion by providing:

NLPA/KWA Standard 823 also provides post sump repair testing procedures for liquid tightness. EPA UST regulations require owners and operators using the standard to ensure that sump repairs follow all applicable steps in the standard, including post-repair testing for liquid tightness.

UST system owners and operators should check with their state UST implementing agencies to determine whether state specific sump repair requirements vary from EPA's Standard 823 determination. Generally, most state UST authorities adopt EPA requirements without change. The contact information for every state and territorial UST authority can be found here.

The EPA’s Office of Underground Storage Tanks (OUST) technical online compendium has been updated to reflect that this code of practice meets the regulatory requirements as an acceptable standard for containment sump repairs and more information about the standard can be found here.

In addition, the New England Interstate Water Pollution Control Commission (NEIWPCC) is planning to host a webinar about this standard in December.

Click here for more information. 

Earlier this year, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued an enforcement waiver for the reoccurring hazardous material training that CDL drivers with hazardous material endorsements must undergo every three years. PHMSA issued the enforcement waiver due to the forced closures and social distancing limitations imposed by the COVID-19 emergency. PHMSA first issued the training waiver on March 23, 2020 and subsequently extended it through October 31, 2020. Last week, PHMSA issued another extension of the training enforcement waiver through December 31, 2020.

However, this most recent extension only applies to maritime haulers of hazardous materials. Hazardous material training enforcement discretion for all other industries, including energy marketers, ended on October 31, 2020. As a result, energy marketers who put off recurrent training during the waiver period are required to come into compliance immediately. Any hazardous material drivers or safety sensitive employees who missed recurrent HAZMAT training must now be trained.

As a reminder, the hazardous material training curriculum subject to the temporary enforcement waiver covered reoccurring training under 49 CFR 172.704 (c)(2). Reoccurring training includes:

IMPORTANT! The federal hazardous materials training regulations do not require in person classroom instruction. Any method of training delivery, including web-based, self-paced computer instruction, remotely delivered classroom instruction, on the job training, or some combination of those methods that cover the required elements in 49 CFR 172 Subpart H are acceptable. For additional information or questions, contact Mark S. Morgan, EMA Regulatory Counsel at (703) 281-6600.

Every four years, the U.S. DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) publishes an updated version of its Emergency Response Guidebook (ERG) required for use by CDL drivers hauling hazardous materials. The latest version of the emergency response guide, ERG 2020, is now available. ERG 2020 updates and replaces the ERG 2016 edition currently in use by energy marketers. The ERG guidebook is intended for use by first responders during the initial phase of a transportation incident involving hazardous materials.

Click here to read the full Regulatory Report.

The Trump Administration is taking a step back in negotiating a future coronavirus relief package. Senate Majority Leader Mitch McConnell (R-KY) who recently called on Congress to approve a relief package before the end of the year is now the lead Republican negotiator. Prior to the election, negotiations over another coronavirus relief package were handled predominately between House Speaker Nancy Pelosi (D-CA) and Treasury Secretary Steven Mnuchin. Despite reported progress, negotiators failed to reach an agreement on the overall price tag of the next coronavirus relief package. The Trump Administration proposed a $1.8 trillion deal; Speaker Pelosi called for funding exceeding $2 trillion; and Senate Republicans expressed reluctance to support any package that exceeded $1 trillion. Liability protections remain a top priority for Senate Republicans; Speaker Pelosi insists robust state and local aid is paramount for Democratic support.

House Democrats could refuse to advance a smaller COVID-19 relief package and wait for President-elect Biden to take office to reach a better deal. However, there are no guarantees since Democrats will be working with a very slim House majority and the Senate is likely to stay in GOP hands. In addition to a coronavirus relief measure, Congress must keep the government funded beyond the current December 11 continuing resolution deadline. Should Congress pass a coronavirus measure before January, an outstanding question is whether President Trump would sign the legislation into law.

Click here to read the latest Politico story.

President-Elect Joe Biden’s recent presumed victory in the general election will push forward major shifts in US policy across a wide array of issues, including transportation and infrastructure. Broadly, Biden and his transition team have indicated a desire to work with Congress in early 2021 to enact a large-scale infrastructure package, which would include what is viewed as “traditional” infrastructure – i.e. roads, bridges, transit, etc. – but it would also likely include language relating to ports, airports, schools, broadband access, water infrastructure, and clean energy projects, and could move as a combined package or as pieces of a number of bills.

There is also broad bipartisan support in Congress for a comprehensive infrastructure package; however, there are significant differences of opinion on major issues between Republicans and Democrats, such as what elements should be included, the size of the package, and how to pay for it. House Democrats have shown support for far-reaching climate- and environment-related language, which they would likely push in a broad infrastructure package. In July, on a strictly partisan vote, House Democrats passed a $1.5 trillion infrastructure package (the Moving Forward Act – H.R. 2), which House Transportation and Infrastructure Chairman Peter DeFazio (D-OR) has discussed with the Biden transition team. Keep in mind that H.R. 2 included language that would allow EV charging stations to be installed at rest areas, expands the controversial EV tax credit and creates $1.4 billion grant program for states and localities to deploy EV charging stations along alternative fuel corridors. Republican lawmakers adamantly opposed H.R. 2 and with President-Elect Biden likely facing a divided government next Congress, there will be limits on what Democrats are able to accomplish with regard to electrification.

In addition to infrastructure, the 117th Congress will have to address surface transportation reauthorization. The one-year extension of the Fixing America’s Surface Transportation (FAST) Act – authorizing highway, transit, rail, and vehicle safety programs – expires in September 2021. House Democrats included a surface transportation title in the Moving Forward Act, and House Republicans released their own proposal (the STARTER Act), which will serve as a starting point for their interests in any conference negotiations. Meanwhile in the Senate, Environment and Public Works Chairman John Barrasso (R-WY) and Ranking Member Tom Carper (D-DE) passed the bipartisan America’s Transportation Infrastructure Act out of committee by unanimous consent. These bills will likely serve as the starting points for surface transportation reauthorization discussions in the respective chambers. Should an infrastructure package move, it is possible that surface transportation reauthorization will be included.

However, the key question for both infrastructure and surface transportation reauthorization remains the same: how will Congress pay for such a bill, and what action will be taken to find a sustainable, long-term revenue source for the Highway Trust Fund (HFT)? Will electric vehicles (EVs) finally pay into the HFT? The current state of the economy and previous COVID-relief packages indicate a greater willingness by Congress to deficit spend on infrastructure as a next step in recovery from the pandemic; however, historically, surface transportation bills have been primarily user financed. Stay tuned.

Over a five-week timeframe—November 2 through December 4—NACS will bring to life a robust digital experience and curated marketplace, NACS Crack the Code Experience, connecting convenience retail buyers and sellers from around the globe. All attendees will have 24/7 access to forward-looking ideas and insights, innovative new-to-channel products and strategic connections.

Click here to register through the Energy Marketers of America unique URL Code. There is no additional charge for our members who are not NACS members…it’s one price for all!