EMA Continues Push to Eliminate Unnecessary Regulatory Burdens on Fuel Transportation
The Energy Marketers of America (EMA) recently met with the Pipeline and Hazardous Materials Safety Administration (PHMSA) to discuss placarding rules applicable to fuel transportation. EMA appreciated the candid exchange and PHMSA’s openness to hearing directly from the fuel marketing industry about the practical, day-to-day compliance challenges members face on the road.
EMA commended PHMSA for its recent final rule, Hazardous Materials: Eliminating Unnecessary Regulatory Burdens on Fuel Transportation (91 FR 1433, Docket No. PHMSA-2018-0080), which restored the longstanding low-flashpoint placarding exemption for most commercially available petroleum distillates. Building on that progress—and consistent with Executive Order 14192 (“Unleashing Prosperity Through Deregulation”) and Executive Order 14156 (“Declaring a National Energy Emergency”)—EMA outlined two additional opportunities to make fuel transportation regulation more efficient without compromising safety.
Support Removal of Expansive Language from Section 10607
EMA is urging PHMSA to support the removal of the phrase “or by other modes of surface transportation frequently used to transport freight” from Section 10607 of the House Surface Transportation Committee mark (or its removal in conference). Although the provision responds to freight-train derailments and hazardous-material spills, the broader wording could extend new placard-durability requirements to highway fuel cargo tanks.
Removing the language would allow PHMSA to focus squarely on the rail-safety concern that prompted the provision, consistent with the existing Part 172 framework that already accommodates mode-specific placarding requirements for rail (see 49 CFR §§ 172.508 and 172.510).
If the phrase remains, the impact on the motor fuels industry would be substantial. EMA estimates that approximately 66,800 tank trucks and 124,100 tank trailers operate nationwide. A mandatory highway placarding change could impose more than $200 million in aggregate compliance costs—costs that would fall disproportionately on small and family-owned fuel marketing businesses. A rulemaking of that scope would likely require a Small Business Advocacy Review Panel, a process that could be avoided entirely with narrower, rail-specific statutory language.
Extend the Low-Flashpoint Placarding Exemption to E15 Blends
EMA also recommends that PHMSA extend the low-flashpoint identification number exemption under 49 CFR § 172.336 to expressly cover E15 blends. As federal policy increasingly supports year-round sale of E15, a growing share of the fuel transportation fleet will carry this blend. Current exemption practice does not extend to it, requiring carriers to display an additional, higher-flashpoint identification number that offers no meaningful safety benefit.
Discussions with Minnesota first responders confirm that emergency response protocols do not change based on the presence of E15 specifically. Responders identify the lowest-flashpoint product on the placard, consult the appropriate Emergency Response Guidebook, and select foam accordingly—whether the blend is E10 or E15.
EMA takes hazardous materials transportation safety seriously and remains committed to gathering additional information directly from the emergency response community. The association welcomes further engagement with PHMSA on this proposal, including the opportunity to share more data on firefighting foam selection and first-responder practices as research continues.
EPA Updates National Fuel Waiver — Extends E15, RVP Relief, and Accelerates Winter Gasoline Transition
Yesterday EPA Administrator Lee Zeldin issued a national fuel waiver under Clean Air Act Section 211(c)(4)(C), citing extreme and unusual fuel supply circumstances driven by ongoing Middle East conflicts and reduced U.S. refining capacity. The waiver — a renewal and extension of prior actions dating to March 2026 — provides immediate and near-term flexibility for fuel marketers and distributors across the country.
What the Waiver Does
Effective August 29, 2026, the waiver:
Extends the ethanol blending limit from 10% to 15%, authorizing E15 sales nationwide
Reinstates the 1 psi RVP allowance for ethanol blends in states where it had previously been removed
Waives federal RVP standards — allowing gasoline with an RVP of up to 10 psi (when blended with 9–15% ethanol) to be distributed and sold nationwide through August 31
Waives federal enforcement of state boutique fuel requirements for an additional 20 days through September 15, 2026, or September 17 where SIP requirements extend beyond that date
Accelerates the transition to winter gasoline — beginning September 1 rather than the standard September 16 date, using the location-specific ASTM D-4814 volatility limits applicable to September 16
As EPA highlights in the waiver, “it remains at the discretion of the states to waive, or maintain, their state level enforcement of state level fuel requirements given the specific circumstances faced in each state.”
Rationale Behind the New Fuel Waiver
National motor gasoline inventories remain 6% below the five-year average for this time of year, and EIA projects inventories to remain below the seasonal five-year range until fall 2026. Iranian attacks on tankers transiting the Strait of Hormuz and strikes against regional oil and gas infrastructure have disrupted global energy markets, while U.S. refining capacity has declined by 800,000 barrels per day since January 2020. Refinery utilization currently stands at 96.2% — leaving virtually no production cushion to absorb disruptions.
Implications for EMA Marketers
The waiver eliminates the near-term obligation to transition to lower-volatility summer blends, preserving fuel supply volumes at a critical time. Fuel marketers and distributors may continue selling gasoline under the waiver's RVP standards through the applicable expiration dates. EPA has indicated its intention to issue a further renewal if extreme and unusual supply circumstances persist beyond the current control period. EMA will continue to monitor for any EPA renewal notice ahead of September 15.
Full waiver letter available at epa.gov/gasoline-standards/fuel-waivers. For questions contact EMA counsel at jleiter@bmalaw.net / jroman@bmalaw.net
EMA's Fall Meeting at the NACS Show 2026: October 5-6: Website and Registration Open!
Get ready for an exciting and productive EMA Fall Meeting, held alongside the NACS Show! Connect with industry leaders, gain valuable insights, and celebrate excellence at the Wynn Las Vegas!
Event Highlights:
Oct 5, Afternoon: Kick off with a New Attendee Orientation & Federal Legislative Update to get up to speed on key issues.
Oct 5, Evening: Join the EMA/NACS Reception Salute to State Association Executives at the Wynn/Encore Chopin Patio sponsored by Altria and PMI.
Oct 6, Morning: Start your day with a Buffet Breakfast, followed by Region and Committee Meetings to collaborate and strategize.
Oct 6, Afternoon: Celebrate at the Distinguished Service Award Luncheon, honoring former Kentucky/Ohio Marketer and EMA Past Chair Jeff Lykins, proudly sponsored by Federated Insurance. The EMA Board of Directors Meeting will follow.
Register now in the link below and be part of the EMA Fall Meeting at the NACS Show. We look forward to seeing you in Las Vegas! For more details, visit the website.
An invitation was sent to your inbox on August 19. Responding to the links on the invitation email is the recommended way to register. Sunday, October 4, 3 rooms are available, for Monday, October 5, 19 rooms are available, for Tuesday, October 6, 19 rooms are available and for Wednesday, October 7, 19 rooms are available so please do not delay in making plans click the link below! Members have access to all other hotels with availability in the block. If the general block has rooms, you will continue to see those options.
| Click Here for EMA's Fall Meeting at the NACS Show Information! |
Remember, the NACS Show registration is separate from EMA's Fall Meeting registration.
Special EMA Members Code for NACS Show 2026 Registration
Using the EMANS2026 code provides EMA with $100 for every retailer or marketer paid registration at any rate. EMA encourages EMA state execs to promote and share with your state association's member companies. Click here for the flyer.
**Please note that EMA State Execs are comped for NACS Show registration. Additionally, the NACS Show registration is separate from EMA's Fall Meeting registration.
Questions registering for NACS Show? Contact NACS Show registration customer service at nacs@maritz.com or 469-513-9489, Monday-Friday, 9:00 a.m. - 5:00 p.m. EST, for assistance.
| Click Here to Register for the NACS Show |
IEA’s emergency reserve release slows significantly | Oil & Gas Journal
Why Has Oil Not Rallied to $150 or Higher? | Rigzone
EIA, IEA, OPEC Reports Highlight 'Massive Divergence' | Rigzone
Federated Insurance Employment Practices Network HR Question of the Month
Federated Insurance’s HR Question of the Month focuses on employment-related practices liability issues. This month’s question is: Children in the Workplace. Summer camps are coming to a close, and school is starting soon. We have employees requesting to bring their children to work during the school year when they have random days off from school. Is this a bad idea? What are some risks of having children in the workplace?
As a general matter, the presence of children in the workplace may not be conducive to a productive and safe work environment. Some risks of having children in the workplace may include, but are not limited to:
Injury from a physical aspect in the workplace (e.g., paper shredders, boxes falling or standing on swivel chairs);
Injury to an employee who trips over objects a child places on the floor, or even from tripping over the child;
Distractions that prevent an employee’s full concentration on the job, thus affecting productivity or service; and
Additional responsibilities during emergency evacuations or other actions.
That said, employers may wish to allow children in the workplace under limited circumstances, such as for approved events like a “Take Your Child to Work Day” or during emergency situations. Whether employers wish to allow children in the workplace or not, they are strongly encouraged to consult with local counsel to draft a clear policy outlining if and when children are allowed in the workplace, along with any applicable notice or other procedural requirements. Legal consultation may help ensure compliance with all applicable laws while minimizing any risks posed to children, employees, and the workplace in general.
For additional information or to discuss this in further detail, please contact your Federated regional representative or EMA’s National Account Executive Jack West at 507.455.5175 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council.
At Federated Insurance, It’s Our Business to Protect Yours®
The HR Question of the Month is provided by Zywave®, a company wholly independent from Federated Insurance. Federated provides its clients access to this information through the Federated Employment Practices Network with the understanding that neither Federated nor its employees provide legal or employment advice. As such, Federated does not warrant the accuracy, adequacy, or completeness of the information herein. This information may be subject to restrictions and regulation in your state. Consult with your own qualified legal counsel regarding your specific facts and circumstances.
Join us for a comprehensive overview of the crude oil and refined products market presented by Alex Hodes, Director of Market Strategy – Energy, for StoneX Financial Inc.'s FCM Division.
This webinar provides an outlook on these markets for the upcoming quarter, including:
What potential supply/demand risks exist?
Where do inventories stand?
What is the expected pricing environment ahead?
What infrastructure changes or developments may be important over the next several months?
Get unique insights from quantitative metrics, along with tips for navigating these uncertain times.