Industry Coalition Calls on Congress to Finish the Job on California Waiver CRAs
The Energy Marketers of America (EMA) and its 48 state and regional trade associations have signed a coalition letter urging Congress to use its Congressional Review Act (CRA) authority to disapprove six remaining California waiver rules transmitted to Capitol Hill this summer. The coalition letter was also signed by the American Petroleum Institute (API) and American Fuel and Petrochemical Manufacturers (AFPM).
The signatories represent a broad coalition of stakeholders across the energy, manufacturing, agriculture, and transportation sectors. The letter commends Congress for last year’s bipartisan CRA resolutions on Advanced Clean Cars II, Advanced Clean Trucks, and the Heavy-Duty Omnibus Low NOx rule. Those actions constrained California’s ability to ban the sale of new internal combustion engines and force electrification of heavy-duty trucks. EMA and its partners now say lawmakers should complete the work they started.
On June 12 and July 22, 2026, the Environmental Protection Agency transmitted a total of six additional California waiver rules to Congress for CRA review:
• Advanced Clean Cars I
• Reinstatement of Advanced Clean Cars I
• Small Off-Road Engine (SORE) Amendments
• Greenhouse Gas (GHG) Emissions standards
• Commercial Harbor Craft
• Ocean-Going Vessels At-Berth
These waivers authorize California to restrict — and, in the case of SORE, to ban — the use of internal combustion engines in vehicles, lawn and garden equipment, and other engines. The two July 22 submissions target marine vessels and port operations that are central to the movement of fuel and other essential goods.
Each of these rules carries significant implications for consumers, fuel producers, equipment manufacturers, the maritime industry, and the broader U.S. economy. EMA and the coalition argue that policies of this magnitude should be decided by Congress, not a single state. The letter strongly urges Congress to protect consumer choice by disapproving these rulemakings. Doing so, the coalition says, will protect consumers, the economy, and national security.
For energy marketers, the remaining waivers matter because California standards — once approved by EPA — can be adopted by other states under Clean Air Act Section 177 and reshape national markets for gasoline, diesel, heating fuel, and related equipment. Last year’s CRA votes on ACC II, ACT, and Low NOx were a major win for liquid fuels and consumer choice. EMA is pressing Congress to apply the same standard to the six waivers now pending.
CRA resolutions have already been introduced on some of the maritime waivers, and additional vehicles are expected as Congress considers the June and July transmissions. The House will need to address the CRAs before leaving town for the midterms.
Click here to read the letter.
The House returned to Washington, DC following a five-week recess, with government funding at the top of its agenda. As a reminder, while the House was away, the Senate passed a continuing resolution (CR) to fund the government at current levels through December 11. On Tuesday, the House voted 370-48 in favor of the Senate-passed CR, before President Trump signed the CR into law on Wednesday. Prior to the vote, some House Republicans, including Rep. Andy Harris (R-MD) and Rep. Chip Roy (R-TX), indicated their opposition to the CR due to its inclusion of the hemp ban delay.
This week, the Trump administration granted more small refinery exemptions from biofuel-blending mandates. Specifically, the EPA exempted 1.76 billion renewable identification numbers for 29 small refineries during the 2025 compliance year. The decision's impact is widespread, affecting over 13.4 billion gallons of gas and diesel that would have been required to mix with biofuels in 2025. Alongside the biofuel exemptions, the EPA announced a direct final rule to extend the Renewable Volume Obligation compliance date by 30 days to October 1. This rule would reallocate the exempted gas from 2025 into refiners’ 2026 and 2027 obligations. Leading up to these announcements, Midwestern Republicans shared their opposition to the increased exemptions under the Renewable Fuel Standard. Sen. Chuck Grassley (R-IA) stated that the exemptions would be detrimental to biofuels, but ultimately applauded President Trump for his commitment to reallocating the exempted biofuels. Sen. Joni Ernst (R-IA) and Sen. Deb Fischer (R-NE) also shared their support for the proposed reallocation.
In an effort to lower gas prices, the Trump administration hosted oil executives at the White House this week. The meeting focused on ways to expand refining capacity and unleash American energy dominance. Notably, the meeting comes as President Trump previously accused large oil refiners of price gouging. Energy Secretary Chris Wright, Interior Secretary Doug Burgum, and National Energy Dominance Council Executive Director Jarrod Agen participated in the meeting.
House Republicans have continued their attacks on California emission standards. Rep. James Gallagher (R-CA) introduced the Protect America from CARB Act of 2026 (H.R.10154), which would require states to receive approval from the EPA and the Departments of Agriculture, Energy, Interior, and Transportation before obtaining federal Clean Air Act waivers. Currently, states only require permission from the EPA for a waiver.
Looking ahead, the next funding battle will emerge during the lame-duck session and will be heavily influenced by the results of the midterm elections. Although House Democrats have shared their hopes of passing bipartisan FY27 spending bills, they currently oppose the GOP-drafted bills. Following this week, the House will be on recess again and return on September 14 alongside the Senate.
EMA Objects to
Proposed Interchange Fee Settlement
The Energy
Marketers of America urged the U.S. District Court for the Eastern
District of New York to deny final approval of the proposed amended
settlement in the Interchange Fee and Merchant Discount Antitrust
Litigation. This marks another attempt by credit card issuers to
resolve the case after courts rejected earlier settlement efforts.
EMA, representing thousands of fuel retailers and energy
marketers across the United States, objected to the settlement
because it would grant Visa, Mastercard, and card-issuing banks
sweeping immunity from their anti-competitive practices while
providing merchants with meager and ineffective relief.
In
its objection filed with the Court, EMA argued that the proposed
settlement is filled with loopholes and would not meaningfully
change the anticompetitive problems with the current system.
The proposed settlement would direct Visa and Mastercard to
reduce average credit card interchange rates by 0.1% for five
years—only a small fraction of Visa’s and Mastercard’s current
average rate of about 2.36%. After five years, Visa and Mastercard
could raise interchange fees. Any interchange fee relief provided
can also be cancelled out if Visa and Mastercard increase the
network fees currently charged to merchants on each card
transaction. Additional loopholes allow Visa and Mastercard to
increase their network fees anytime “in response to market
conditions.” The proposed settlement also fails to contain language
preventing the credit card companies from creating new types of
merchant fees.
The 1.25% cap on certain interchange fees is
only temporary and can easily be manipulated by raising network and
other non-interchange fees. Visa and Mastercard would also retain
centralized control over interchange fees and restrictive acceptance
rules. While the settlement would allow merchants to decline some
rewards cards, the card companies could attach rewards—even small or
token ones—to all their cards, rendering that right meaningless.
EMA further objected to rules that force merchants to accept
Visa or Mastercard branded cards from every bank that issues such
cards, even if the issuing bank provides substandard service or
fraud prevention or imposes excessive or disproportionate fees.
For energy marketers, who operate on razor-thin margins, swipe
fees remain one of the largest costs of doing business after
payroll. A temporary, easily offset cut does not fix a system that
has driven swipe fees past $111 billion a year. EMA also warned that
approval of a weak settlement could be used to undercut real reform,
including the Credit Card Competition Act.
EMA urged the
Court to reject the proposed settlement.
EMA Asks Visa to Extend Utility Interchange Rates to Delivered Heating Fuels
The Energy Marketers of America (EMA) has formally requested that Visa expand eligibility under its CPS/Utility interchange program — or an equivalent flat-fee utility rate structure — to delivered residential and commercial heating fuels classified under Merchant Category Code (MCC) 5983 (Fuel Dealers – Fuel Oil, Wood, Coal, and Liquefied Petroleum).
In a letter to Visa’s Merchant Relations team, EMA noted that member companies supply heating oil, propane, Bioheat blends, and related fuels to more than five million homes and businesses nationwide. Those deliveries are an essential household energy service, comparable in character and risk profile to the electric, natural gas, water, and sanitary services that already qualify for Visa’s preferential utility rates under MCC 4900. Visa’s published rules currently exclude propane, home heating oil, and similar delivered fuels from MCC 4900 eligibility and from the associated CPS/Utility flat-fee structure, commonly $0.75 per transaction on many consumer credit products, including Signature and Signature Preferred cards. Mastercard, by contrast, has long allowed the same fuel dealers to qualify for low flat utility-style rates. The result is a material cost disparity: Visa premium rewards cards often clear at significantly higher percentage-based rates even when the transaction is a routine, low-risk home energy delivery.
EMA told Visa the disparity places independent heating-fuel marketers — already operating on thin margins — at a competitive disadvantage and raises the cost of providing an essential service. Extending utility-rate eligibility to MCC 5983 transactions, or creating a parallel flat-fee program for delivered heating fuels, would: Align Visa treatment more closely with Mastercard practice and with the low-risk nature of these payments; Reduce processing costs that are ultimately borne by consumers or absorbed by small businesses; Recognize the essential, utility-like role of delivered heating fuels, particularly in regions without natural-gas infrastructure; and Support Visa’s broader goal of promoting card acceptance for recurring essential services.
EMA emphasized that any change should preserve program integrity, including appropriate data requirements, registration (such as Merchant Verification Value where applicable), and safeguards against misuse. The association said it is prepared to work with Visa, member acquirers, and processors to define clear eligibility criteria limited to bona fide residential and commercial heating-fuel deliveries. EMA will keep members informed once Visa responds.
September is National Preparedness Month 2026
FEMA’s Ready Campaign launched National Preparedness Month 2026. This year’s theme—Americans Stand Ready—empowers individuals to take charge of their own readiness. Observed since 2004, National Preparedness Month encourages Americans to prepare for emergencies. The month is a great time to take small steps to make a big difference in being prepared – and to promote preparedness in your communities. This year’s theme highlights that preparedness is a civic responsibility and patriotic duty. It also celebrates the self-reliant, resourceful spirit of the American people. In the face of disasters like tornadoes, wildfires and hurricanes, Americans can take simple, practical steps to keep themselves and their families safe. By proactively preparing, Americans make the nation stronger and more resilient.
Throughout Preparedness Month, FEMA’s Ready Campaign will celebrate and encourage American resourcefulness by sharing simple, affordable steps to take to stand ready:
Make a plan for your household, including your pets, so that you and your family know what to do, where to go and what you will need to protect yourselves during a disaster. Consider the unique risks where you live and the needs of your family. Know where you’ll go if you need to leave your home and learn your evacuation routes so you can get there safely.
Be in the know. Sign up for your community’s warning system. Disasters can happen suddenly, so it’s important to have multiple ways to get alerts. The Emergency Alert System and National Oceanic and Atmospheric Administration Weather Radio also provide emergency alerts.
Build a kit. We know how to keep our loved ones safe when things go wrong, but do you have what you need to stay safe and comfortable until help arrives? You may think building a well-stocked emergency kit is difficult or expensive, but it doesn’t need to be. You can gather supplies over time, starting with items you may already have at home like canned food and first aid supplies. Visit ready.gov/kit for a list of items to include and how to tailor your kit to meet your family’s needs.
FEMA and EMA encourage everyone to celebrate National Preparedness Month this September by visiting Plan Ahead for Disasters | Ready.gov for updated resources and to learn how to start their disaster preparedness journey.
EMA Submits Comments on EPA DEF Inducement Proposal
Recently, the Energy Marketers of America (EMA) submitted comments on EPA’s proposed amendments to selective catalytic reduction (SCR) inducement requirements for diesel exhaust fluid (DEF) systems. EMA supports relief from false DEF faults, unreliable sensors, and severe derates that strand trucks, coaches, farm equipment, and construction machinery. EMA does not oppose replacing severe or rapidly escalating derates with better diagnostics, longer cure periods, and less restrictive schedules.
Many EMA members store, transport, and retail DEF as part of on-road and off-road diesel service. Members have invested in DEF storage, dispensing, and quality programs in reliance on the framework EPA adopted in 2023.
Click here to read the comments.
Fuel Relief Fund Seeks Help for Nepal
As is often the case, Fuel Relief Fund (FRF) is one of the first aid organizations on the ground following a disaster. With a team now in Nepal, the area hardest hit by the deadly mudslides, and an initial shipment of fuel being sent from the US mainland, FRF will be able to start distributing fuel. But this will not even come close to being enough. FRF needs tens of thousands more gallons of fuel to reach those in need.
Please consider donating today to help the people of Nepal. Every dollar counts! To read the notice in its entirety and to donate, click here.
August 2026 Energy Marketers of America Small Business Committee (SBC) PAC Contributions
PAC Co-Chairs Mike Downs and Tim Keigher are grateful for the EMA Small Business Committee (SBC) PAC contributions from the following individuals during the August 1-31, 2026, time frame:
Idaho: Brett Adams, Jessica Berry, Derek Brewer, Clint Burke, Ed Croymans, Brad Holland, Justin Kerr, Jeff Rouse
Illinois: Curt Adams
Maine: Maine Energy Marketers Association Energy PAC for Maine
Michigan: Brad Van Manes
Virginia: Bruner Lash Barksdale, Barry Grizzard, Richard Koontz, Elizabeth McCormick, Timothy Murphy, Cary Nelson, John Phillips, Ronald Prewitt, Herman Sadler III, John Howlett Woodfin Jr.
FDA Authorizes 11 New Nicotine Pouches | US Food & Drug
Altria sues FDA over tobacco product review system | Reuters
New York cannot enforce $75 billion climate ‘superfund’ law, US judge rules | US News
U.S. EPA to Extend Renewable Fuel Standard Compliance Deadline for Refiners | Successful Farming
Why diesel prices keep rising | AXIOS
US Judge Bars EPA Effort to Send California Vehicle Emissions Rules to Congress | Reuters
Federated Insurance Risk Management Academy Complimentary
Webinar
Everyone Is a Target - How Can Cybersecurity Help
You?
Thursday, September 17, 2026, 2:00 PM Eastern
Time
This webinar gives an overview of the importance of implementing cybersecurity measures to protect against evolving threats, including ransomware attacks and AI-powered phishing. It will highlight the growing trend of double extortion, Ransomware-as-a-Service (RaaS), and critical infrastructure attacks, along with insights from case studies of significant ransomware incidents.
WHAT YOU WILL LEARN
How cybercriminals use AI-powered phishing and deepfakes.
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Why employee training and monitoring are vital.
Steps to choose the right cybersecurity tools and providers.
Click here to Register Today!
WHO SHOULD ATTEND
Business Owners/Operators
Risk Managers
Operations Managers
HR Professionals
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®
EMA
Member Services Spotlight Featuring: Member Benefits Available Through
NPP (National Purchasing Partners)
Members of the Energy Marketers of America can access business,
employee, and personal discounts through National Purchasing Partners
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Members can save on many useful brands, including Airgas,
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