Inside the Beltway Update
Thinking Ahead: When Congress Returns After the Election

The House and Senate have left town and will not return until after the midterm elections. Before adjourning, both chambers passed the Common Cents Act by voice vote. The bill would end production of the penny for general circulation and require cash transactions to be rounded to the nearest five cents. Totals ending in 1, 2, 6, or 7 cents may be rounded down, and totals ending in 3, 4, 8, or 9 cents may be rounded up. Checks, cards, and other noncash payments would remain exact to the penny.

A uniform federal rounding rule would replace the patchwork of store-level practices that has grown as pennies leave circulation. Because card transactions are exempt, the change should not affect interchange or fleet cards. It will, however, require a one-time systems check so cash drawers, lottery, and money-order transactions do not produce rounding disputes.

Regulatory Updates: Good News for Energy Marketers

The Environmental Protection Agency published a proposed rule on hazardous air pollutants for gasoline distribution facilities and standards of performance for bulk gasoline terminals. The agency is reconsidering several Clean Air Act requirements for storage and transfer facilities, including air emission control devices, vapor tightness standards, and the modification criteria in the New Source Performance Standards.

Most importantly, EPA proposes to replace the 2024 Method 27 limits with the graduated pressure-drop limits of 1.0 to 2.5 inches of water column, depending on cargo tank compartment size, that applied under NESHAP Subpart R before the 2024 final rule. The proposal follows extensive EMA advocacy before EPA and Congress on the technical feasibility and operational impacts of the 2024 requirements.

The 2024 final rule set a graduated pressure-drop limit of 0.5 to 1.25 inches of water column over a five-minute test period, depending on compartment size—significantly tighter than the prior standards. EMA raised concerns that limits at the low end of that range could not be reliably demonstrated using EPA Method 27 under real-world operating conditions. EMA provided EPA with information on difficulties experienced by fuel marketers and cargo tank operators, including temperature fluctuations and limitations in the test method that can produce false failures, unnecessary retesting, and premature equipment replacement. EMA also documented the costs of the 2024 standard, including retrofits, repairs, and operational downtime.

EMA took those concerns to Congress as well. In March 2026, Senator Kevin Cramer (R-ND), joined by Senate Environment and Public Works Committee Chairman Shelley Moore Capito (R-WV) and nine other senators, urged EPA Administrator Lee Zeldin to reverse the 2024 cargo tank vapor tightness requirements and restore the prior testing standard.

EMA will continue working with EPA and Congress to ensure the final requirements are technically feasible, cost-effective, and capable of being reliably demonstrated under EPA’s testing procedures. Until EPA issues a final rule, the 2024 requirements remain in effect.

Separately, the Department of Transportation finalized new corporate average fuel economy (CAFE) standards, reversing Biden-era rules designed to promote electric vehicles. The updated standards for passenger vehicles reduce the Biden-era requirements by one-third through model year 2031. President Trump framed the changes as a way to support the domestic auto industry and lower consumer costs, and Sen. Jon Husted (R-OH) echoed that view. DOT estimates the rule will reduce vehicle prices, but lower fuel efficiency would increase what consumers spend on gasoline.

Farm Bill, E15, and SNAP

Following Sen. Mitch McConnell’s (R-KY) return, Senate Agriculture Republicans advanced a farm bill out of committee on a party-line 12–11 vote. The package includes year-round E15. Buried in the nutrition title are three SNAP provisions retailers have tracked for years: a ban on EBT processing fees through 2031, a nationwide shift to chip-enabled EBT cards, and permanent SNAP online purchasing. No Democrats voted for the bill. The package delays for one year the SNAP benefit cost-sharing provision enacted in last year’s reconciliation law; Democrats had demanded a two-year delay.

The push for a year-round E15 fix continues. A permanent fix would end the annual waiver scramble and give retailers a clearer summer product slate. It would not force convenience stores to offer E15; it would remove the legal barrier to doing so.

On SNAP, the fee ban is the margin item for convenience stores. EBT fees work like swipe fees—an extra charge retailers cannot negotiate. C-stores remain a major SNAP channel. In many rural and highway markets, the fuel site is the nearest place to buy staples, and those customers often stop for gasoline first. Chip cards would cut skimming risk for recipients and chargebacks for retailers. Permanent online SNAP, by contrast, tilts toward large chains, grocery apps, and delivery platforms.

Funding Deadline and the Credit Card Competition Act

Congress faces a December 11 government-funding deadline. President Trump signed a continuing resolution that expires on that date, so lawmakers must pass full-year appropriations or another stopgap. The House has passed three of twelve spending bills—Agriculture-FDA, Military Construction-VA, and National Security-State. The remaining nine have cleared the House Appropriations Committee. The Senate has not yet advanced any of its bills out of committee.

Of particular importance to EMA, the Credit Card Competition Act (H.R. 7035 / S. 3623) remains pending. The Senate version, introduced in January, picked up three additional cosponsors in August. President Trump has endorsed the CCCA five times and the last time he said it would pass this year.

Lame-duck spending fights are when riders move. Interchange remains one of the largest and least negotiable expenses at the pump and inside the store. A continuing resolution or an omnibus spending package is the most likely vehicle if sponsors try to attach routing-choice language. EMA and the Merchants Payments Coalition are planning to engage both chambers to place the CCCA on must-pass legislation.

Cold-Weather Diesel, DEF, and Inducements

The Senate Environment and Public Works Committee reported S. 3135, the Cold Weather Diesel Reliability Act, on a 10–9 party-line vote. EPA under Administrator Zeldin has already issued guidance easing engine derates and dropping certain DEF sensor requirements and is preparing a 2027 heavy-duty NOx proposal that would further limit or eliminate inducements. Related House legislation, including the Diesel Engine Flexibility Act, has also advanced. Because every Democrat on the committee opposed S. 3135, the bill is unlikely to become law; the Senate will need 60 votes to advance it.

Inducements and DEF faults are not only a trucking problem. Marketers sell DEF, service fleet accounts, and operate their own delivery trucks and cardlock sites. Derates in cold weather strand product and customers. Guidance that eases sensor and inducement rules would reduce emergency DEF dumps and limp-home calls at retail. A statutory cold-weather fix would give manufacturers cover to keep trucks running in northern markets.

Diesel Export Bans and Other Pump-Price Proposals

With elections approaching, Republicans floated several proposals aimed at pump prices. Rep. Tim Burchett (R-TN) introduced H.R. 10423, which would impose a temporary prohibition on U.S. diesel exports through January 2027, and H.R. 10422, which would trigger an export control if the national average diesel price reaches $5 per gallon and lift it only after prices remain at or below $4.50 for 30 consecutive days.

President Trump has also said a diesel export ban remains a possible course of action. That statement came as Energy Secretary Chris Wright sent a proposal to European governments asking them to release a portion of the European Union’s strategic diesel reserves. Secretary Wright’s plan is a potential alternative to a total ban on U.S. diesel exports.

Interior Secretary Doug Burgum, who chairs the National Energy Dominance Council, drew the opposite line. Speaking in Houston as diesel topped $6 a gallon, he said the Administration would consider an export ban only if it would actually lower prices—“but that’s not the case.” In his view, blocking oil or refined-product exports would not deliver lasting relief at the pump and could invite retaliation from trading partners that buy U.S. barrels and, in some cases, supply U.S. markets in return.

Separately, Rep. Andy Harris (R-MD) and members of the House Freedom Caucus pressed for a vote to suspend the federal gasoline tax (18.4 cents) and diesel tax (24.4 cents), holding up a procedural vote to force the issue. Speaker Mike Johnson (R-LA) said there was no Republican consensus and halted the push. House Transportation and Infrastructure Committee Chairman Sam Graves (R-MO) opposed bringing a tax holiday to the floor, in part because the Highway Trust Fund depends on the motor fuels excise tax. With both chambers adjourned, a temporary repeal before the elections is unlikely.

Meanwhile, the House Sustainable Energy and Environment Coalition released its policy agenda for the next Congress. The report calls for more Low Income Home Energy Assistance Program funding and proposes that data centers pay into a fund that would support LIHEAP directly.

Congressional Review Act Resolutions

The House passed two CRA resolutions—H.J. Res. 210 and H.J. Res. 213—to overturn Biden-era EPA actions that allowed California to impose stricter emission standards on ocean-going vessels at berth and on commercial harbor craft. The Senate did not vote on either resolution, nor on four additional CRA resolutions introduced in June and July that target EPA Clean Air Act waivers covering vehicles, small off-road engines, and greenhouse gases.

California waivers rarely stay in California. When California Air Resources Board rules become the default specification for engines, equipment, and fuels, marketers inherit higher equipment costs, tighter product specs, and pressure to carry boutique blends. Overturning the vessel and harbor-craft waivers is a step in the right direction. Congress also needs to overturn the Advanced Clean Cars waiver to slow the spread of state-driven engine and fuel mandates that raise the cost of delivery trucks, generators, and off-road equipment that marketers own or serve.

Looking Ahead

Senate Majority Leader John Thune has said government funding, reconciliation 3.0, and the farm bill are all potential items on the year-end agenda. Before leaving town, the Senate confirmed Keith Sonderling as Secretary of Labor and passed college sports legislation, but it did not take up the CRA resolutions targeting California’s emissions standards. That matters: some of those resolutions are likely to have expired by the time the Senate returns.

The Energy Marketers of America (EMA) will also advocate for increased funding for the Low Income Home Energy Assistance Program (LIHEAP) in response to currently elevated heating oil prices, which are placing added strain on households that rely on oilheat. LIHEAP provides critical assistance that helps low-income families cover energy bills, supports timely fuel deliveries, and reduces the risk of unpaid accounts for local energy marketers. Sustained and supplemental funding is especially important this winter, as higher prices threaten to leave vulnerable customers—including seniors and those on fixed incomes—unable to afford adequate heat.

EMA will continue to press for reauthorization of the National Oilheat Research Alliance (NORA). NORA is an industry-funded program, supported by a small assessment on heating oil rather than federal appropriations, that finances research, development, technician training, consumer education, and efficiency improvements across the liquid heating fuels sector. Reauthorization would preserve the program’s ability to advance lower-emission fuels, equipment upgrades, and long-term reliability for the millions of homes that depend on oilheat, while giving the industry the certainty needed for multi-year projects and partnerships.

When Congress returns after the election, the same file will still be open: government funding, CRA waivers, swipe fees, E15, SNAP, LIHEAP funding, NORA, diesel-engine rules, and—if prices stay elevated—export controls. EMA will continue to monitor developments.

Senators Urge USDA to Delay New SNAP Stocking Requirement Rules

The Energy Marketers of America (EMA) endorsed a letter cosigned by 12 Senators urging a six-month deferral of enforcement regarding the new SNAP stocking requirements that are slated to take effect on November 4. The letter was signed by Senators Jim Justice (R-WV), Roger Marshall (R-KA), Kevin Cramer (R-ND), Deb Fischer (R-NE), Pete Ricketts (R-NE), Chuck Grassley (R-IA), John Curtis (R-UT), Shelley Capito (R-WV), Jerry Moran (R-KA), Cindy Hyde-Smith (R-MS), Bill Cassidy (R-LA) and Jon Husted (R-OH). The September 29 letter warns that without a delay, tens of thousands of small-format retailers risk losing SNAP authorization on day one.

"If a delay is not granted, tens of thousands of small format SNAP retailers will be unable to meet the requirements on the effective date of November 4, 2026, meaning they will immediately be at risk of losing their authorization. When that happens, the very households SNAP was designed to serve will lose critical access to food at the stores they have come to rely on. We therefore respectfully request that USDA defer enforcement of the final rule by 6 months, until May 4, 2027. This will ensure that USDA can publish and circulate additional substantive guidance on the rule to give convenience retailers the best opportunity to comply," the Senators said.

Click here to read the letter.

PAC Raffle Being Held During EMA’s Fall Meeting at the Wynn Las Vegas to Win a MacBook Air

Get your Energy Marketers of America Small Business Committee (SBC) PAC raffle tickets now for a chance to win a MacBook Air. The EMA PAC will hold a raffle during the Las Vegas, NV conference on October 5-6. The raffle winner will be identified on October 6, and the winner does not have to be present to win. If you are not attending the conference and you are the raffle winner, you will be notified the week following the October drawing.

MacBook Air with the M5 chip brings blazing speed and powerful AI capabilities into an incredibly portable design. With Apple Intelligence, up to 18 hours of battery life, and fast SSD storage starting with 512GB, you can work, create, and play anywhere life takes you.

The proceeds of the raffle will benefit the EMA SBC PAC. The money distributed to the PAC is used to benefit federal legislators who support the industry and have a solid record on key industry legislative issues.

Tickets are $25 each or five for $100. Advanced tickets for the MacBook Air are available for purchase until October 1. Ticket sales will continue at the EMA’s conference in Las Vegas until the drawing on October 6. Tickets must be paid for with personal funds by MasterCard, VISA, American Express, cash (cash cannot exceed $100 due to Federal regulations) or check, which should be made out to the EMA SBC PAC. To purchase tickets before October 2, please email completed PAC Raffle flyer to Sabrina Pitcher.

September 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 September 1-30, 2026 time frame:

Colorado: Troy Lindsey

Connecticut: John Bowman, Chris Herb

Michigan: Bob Cleary

Minnesota: Eric Lawson

Mississippi: Jake Sumrall

Nebraska: John Blatchford, Amy Harper, Nathan Johnson, Jennifer Likes, Matt Lippincott, Jacob Otte, De Lone Wilson, Travis Wright, Chad Wollan

New Mexico: Leland Gould

Oregon: Jeffrey Arntson, Marc Baker, Ryan Ballard, Michael Boffing, Bruno Busnardo, Matt Calaman, Steve Corah, Brian Dempsey, Brandi Elumbaugh, Brad Hughbanks, Riley Jacobs, Matthew Jubitz, Alan Kappel, Mark Lauer, Steve Miller, Jim Moran, Steven Ruhl, Joe Sacomano, Chris Sather, Shel Singh, Tanner Squires, Nick Staub, Brad Swayne, Brian Urquidez, Jaime Young

Pennsylvania: Andy Bradigan, Michael DeBerdine, Steve McCracken

Tennessee: Caroline Carver

Virginia: Robert Brady Jr., Julie Deshazo

Utah: Roy Hall

Weekend Reads

Energy Groups Urge Trump to Reject Fuel Export Restrictions | Rigzone

Gas vs. EV: Trump’s Fuel Economy Rollback Could Give Buyers More Choice | Yahoo!Autos

Trump ‘thinking about’ diesel export ban, but says it could have ‘negative impact’ on gasoline | CNBC

White House urges EU to draw down diesel inventories, sources say | Reuters

White House taps Strategic Petroleum Reserve | Yahoo!News

Federated Insurance: Risk Management Corner
Reducing Accidents With Regular Housekeeping

Poor housekeeping can correlate directly to slips, trips, and falls at workplaces, which can result in serious injuries, costly claims, and lost productivity.¹ Maintaining a clean and organized workspace is one of the simplest ways to help protect your employees and clients.

Where Do You Start?

Establishing a routine housekeeping plan is a solid first step. Consider incorporating the following practices at your business:

• Keep floors clean, dry, and free of clutter

• Ensure walkways and emergency exits are clear at all times

• Clean up spills and place wet floor signs where needed

• Store materials and equipment in designated areas

• Dispose of waste regularly

• Avoid letting grease and dirt build up on machines and equipment

• Inspect and repair damaged flooring, handrails, and lighting

• Make sure that electrical cords are routed away from doorways and not run under rugs or carpets

• Use proper flooring covers at entryways to reduce slips from tracked-in moisture

How Often Should You Clean?

Frequency matters. High-traffic areas, such as entryways, restrooms, and break rooms, should be addressed daily. Broader facility walkthroughs should occur weekly, with deeper cleaning and inspections conducted on a monthly basis.

Take Action

Housekeeping at your business is essential to help prevent slips, trips, and falls, and it can make a difference in keeping clients and employees safer during their day-to-day activities. A clean workplace reflects a culture of care and accountability that benefits everyone who walks through your doors.

Reach out to your local Federated^® marketing representative to learn more about workplace safety topics and the risk management resources available to you or 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®

This article is for general information and risk prevention only and should not be considered legal or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all risk of loss. Examples shown are for illustrative purposes only. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. Qualified counsel should be sought with questions specific to your circumstances. ©2026 Federated Mutual Insurance Company.

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