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.
OPMCA STAFF

Candace McGinnis
Executive Director  
Candace@opmca4you.com 

Hannah May
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
2020-2021 Board of Directors

Kurtis Hutchinson, Chairman 
 Hutchinson Oil Company

Jerry Davidson
Pete's Corporation

Teresa Hollenbeck
Red Rock Distributing Company

John Netherton
Danielson Fuel Services

Jason Flinn
Flowers Oil Company

Rob Toth
Coffeyville Resource
  • Click Here to View all EMA Coronavirus Related Resources for Petroleum Marketers Including all Regulatory Reports

  • Click HERE to View the Latest Coronavirus Resources Provided NACS Relating to Convenience Stores as Essential Businesses
Friday, May 28, 2021
  • Energy Marketers Win Important Strategic Victory in Supreme Court

  • U.S. EPA Will Likely Maintain Current RFS Blending Volumes for 2020 and 2021 Compliance Years

  • FDA Releases List of Deemed New Tobacco Products

  • 2021 NACS Show Housing and Registration Open

  • Federated Insurance May Educational Articles
2021 OPMCA Annual Business Meeting
2021 OPMCA Annual Business Meeting
Tuesday, June 8, 2021
11am - 1pm
Charleston's in Bricktown
Please join us for the 2021 OPMCA Annual Business Meeting held on Tuesday, June 8, 2021 at Charleston's in Bricktown. The Luncheon will take place from 11am to 1pm with association, legislative and financial updates, as well as a new slate of officers!
Energy Marketers Win Important Strategic Victory in Supreme Court
On May 17, 2021, the United States Supreme Court issued its decision in BP v. Mayor and City Council of Baltimore, a climate change case in which EMA submitted an amicus brief in support of BP and the other major oil company defendants. Although the case involved a procedural issue related to whether the case would proceed in a federal or state court, it is of significant importance in determining whether cities, like Baltimore, can ultimately prevail. State courts, applying traditional state law causes of action, have allowed the cases to proceed to where they will ultimately be tried by a jury. Federal courts, on the other hand, are considerably more likely to decide the cases under federal common law, which would warrant a dismissal of the cases before the huge potential liability and enormous costs of litigation leave the defendants with no alternative but to settle. As one federal court of appeals recently stated in affirming the dismissal of a climate change case brought by the City of New York, the responsibility for global warming cannot be shifted to energy producers when “every single person who uses gas and electricity contributes to global warming.”

EMA got involved in the Baltimore case after local marketers were added to the list of (mostly major oil company) defendants as part of a strategy to defeat federal jurisdiction and keep the cases in local state courts. The Supreme Court’s opinion could dampen the enthusiasm of coastal cities, like Baltimore, to continue to bring these cases against energy producers and marketers. Although it dealt only with a procedural issue, the decision could also hasten the day when one of the cases proceeds to the Supreme Court for a substantive review and, very likely, a decision that the effects of global climate change are not the responsibility of the petroleum industry.


U.S. EPA Will Likely Maintain Current RFS Blending Volumes for 2020 and 2021 Compliance Years
The U.S. EPA’s biofuel blending mandates for this year and next are likely to be in line with those of 2020 as the agency accounts for weaker fuel demand since the onset of the coronavirus pandemic, three sources familiar with the matter said. The move is designed to spare the U.S. refining industry the added RIN costs associated with the usual annual expansion in renewable volume obligations under the Renewable Fuel Standard, at the expense of biofuel producers and the corn industry which depend on regular increases to grow their businesses. The agency is now intending to issue both the 2021 and 2022 volumes proposals this summer. The EPA last set the annual RFS blending obligations in 2019, when the agency mandated that refiners must blend 20.09 billion gallons of renewable fuel into nation's fuel mix for the 2020 compliance year. The mandate included 15 billion gallons of conventional biofuels like ethanol, with the rest including other forms of biofuels. The upcoming volume proposals are due to include requirements that are largely the same, the three sources said, citing the impact of the coronavirus pandemic. The Biden administration is also expected later this summer to lay out how electric vehicles could qualify for tradable credits under the RFS adding automakers to the mix of RFS stakeholders.


FDA Releases List of Deemed New Tobacco Products
Last week, the FDA Center for Tobacco Products (CTP) released a list of deemed new tobacco products for which a premarket tobacco product applications (PMTA) was submitted to FDA by September 9, 2020.

The lists include deemed new tobacco products for which a premarket tobacco product applications (PMTA) was submitted to FDA by September 9, 2020. A court order provided for a one-year period during which time such products might remain on the market pending FDA review. If a negative action is taken by the FDA on the application prior to September 9, 2021, the product must be removed from the market or risk FDA enforcement. If a positive order is issued by the FDA on a product in the lists, the product will be listed on the positive marketing orders page and may continue to be marketed according to the terms specified in the order letter. It is important to keep in mind that the lists are only one source of information. For example, retailers should discuss with their suppliers about the status of any particular tobacco product’s application or any product’s marketing authorization.

Under a court order from the District Court of Maryland, e-cigarette products that were on the market prior to August 8, 2016, were required to submit PMTAs for the FDA to review and approve by the September 9, 2020 deadline. PMTAs require a product to meet a regulatory hurdle that can be complex and costly. By the FDA providing a public list of e-cigarette products that meet the proper requirements, retailers of these products will be informed as to which they can sell legally in their stores. The Energy Marketers of America, the National Association of Convenience Stores (NACS), the National Association of Truckstop Operators (NATSO), the Society of Independent Gasoline Marketers of America (SIGMA) and the Food Industry Association (FMI) submitted a letter earlier this year to the FDA urging it to release a list of approved e-cigarette products.


2021 NACS Show Housing and Registration Open
Join Us in Chicago October 5-8 to Discover What’s Next at the NACS Show


Get ready to tap into the convenience retailing community this October at the 2021 NACS Show as the industry gathers live, in-person to share innovative ideas, solve problems, source on-trend products and propel convenience retail into the future—together.

This October, explore more than 1,200 exhibitors across 420,000 square feet of expo floor space at Chicago’s lakefront convention center. View hundreds of Cool New Products and see what exciting things suppliers have been working on.

Meet the innovators, leaders and storytellers who will share their unique take on where the industry is headed and how you can stay competitive. Plus connect directly with industry experts and analysts and dive into key insights and industry trends to keep your business one step ahead in more than 40 education sessions.

The Energy Marketers of America (EMA) has held its Fall Meeting as part of the NACS Show since 1995. EMA’s Fall Meeting at the NACS Show will be held on October 4-5 at InterContinental. You can find all available details here. Please note that the NACS Show registration is separate from the EMA Meeting Registration which will open in July.

Registration is now open for the 2021 NACS Show to be held October 5-8 in Chicago at McCormick Place. Register by June 11 to save $300 and snag the early-bird rate. NEW FOR ALL EMA MEMBERS: Click here to register for the NACS Show (enter promo code: EMA2021NS) in order for EMA to receive $100 per registrant. EMA encourages you to promote and share with your state’s member companies (especially the ones who already attend NACS). For more detailed information and specific screen shot instructions for registering, please view.

The convenience industry never stopped running throughout more than a year of lockdowns, supply chain disruptions and uncertainty. Convenience stores adapted to whatever the world threw at them and continued to meet the evolving needs of their customers and communities. Now, it is time to look ahead. The 2021 NACS Show is where the industry will come together to seize new opportunities, side by side.


Federated Insurance May Educational Articles
It's Your Life
Catch a Break with Disability Income Insurance
Click HERE to view.

Risk Management Corner
In-Cab Technology: The Future of Fleet Safety
Click HERE to view.

HR Question of the Month
Back to Normal…or Not? A Year Into the Pandemic – What’s the Path Forward?
Click HERE to view.
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