Regulatory Alert
Energy Marketers of America Submits Deregulatory Recommendations to the Trump Administration
EMA Regulatory Counsel Contacts: Jeff Leiter and Jorge Roman
Tuesday, May 6, 2025 – The Energy Marketers of America (EMA) submitted comments to the U.S. Department of Transportation regarding opportunities for regulatory relief in the transportation sector. EMA identified specific areas where deregulatory initiatives would meaningfully reduce burdens on liquid fuels transportation without compromising safety.
Specifically, EMA highlighted:
- The National Highway Traffic Safety Administration (NHTSA) Regulations
- EMA argued that the fuel economy standards for passenger cards and light trucks finalized during the Biden Administration are unachievable, result in an unlawful de facto electric vehicle mandate, and ignore consumer choice and investments in low carbon liquid fuels.
- EMA urged the NHTSA to halt any effort to require side underride
guards for commercial truck trailers and semitrailers. Such a
mandate is not currently supported by safety data and is not
technologically feasible for fuel cargo tank vehicles.
- Federal Motor Carrier Safety Administration (FMCSA) Regulations
- EMA requested that the FMCSA broaden the definition of “emergency” to include events caused by market forces that pose an immediate threat to public welfare, in line with long-standing regulatory interpretations when issuing Hours of Service waivers.
- EMA asked the FMCSA to tailor HazMat Tests by industry sector
when taking the commercial driver’s license knowledge test. This
targeted approach would reduce irrelevant testing burdens while
preserving safety standards.
- Pipeline and Hazardous Materials Safety Administration (PHMSA) Regulations
- EMA urged the PHMSA to allow fuel marketers to use the UN ID number for the lowest flash point in split loads and alternating straight loads of gasoline, diesel, heating oil, and gasoline blends up to 15 percent ethanol (E15), particularly when transported alongside fuels with lower ethanol content.
- EMA urged PHMSA to work with the EPA to reevaluate the
cost-benefit basis of a Biden Administration final rule which
modified the cargo tank vapor tightness standard from 3 inches to
between 0.5 and 1.25 inches of water pressure drop, depending on the
tank size. Unfortunately, some terminals are now enforcing the new
standard even though the rule doesn’t go into effect until 2027,
straining fuel logistics, especially for small businesses with older
tanks. EMA asked that, at a minimum, the compliance deadline be
extended to 2029.
- Transportation Security Administration (TSA) Regulations
- EMA urged the TSA to immediately eliminate costly background check redundancies, empowered by passage of the Transportation Security Screening Modernization Act last year. Specifically, the law requires TSA to streamline the credentialing process by (1) allowing the enrollment in any security threat assessment program based on one background check, (2) permitting an expedited renewal process, and (3) aligning credential expiration dates. EMA also urged the TSA to evaluate whether fingerprint collection is necessary for renewals. Fuel marketers, especially those in rural areas, are disproportionately burdened by this requirement.
“The Energy Marketers of America stands ready to work with the Trump Administration to ensure these common sense regulatory reforms are addressed to support small business energy marketers across the country,” said EMA President Rob Underwood.
Click here to read the full recommendations letter.