EMA Regulatory Alert: PHMSA Finalizes Broad Hazardous Materials Deregulatory Package

On August 4, 2026, PHMSA published sixteen final rules aimed at reducing paperwork, authorizing electronic compliance, and folding long-standing special permit relief into the Hazardous Materials Regulations. Most relevant actions for marketers take effect September 3, 2026.

Changes With the Most Immediate Value

Electronic emergency response information. Carriers and facilities may now maintain required emergency response information electronically rather than in hard copy. The information must remain immediately available to employees, inspectors, and responders. PHMSA warns that a dead battery, failed device, or absence of cellular service will not excuse noncompliance. Marketers should confirm dependable offline access before discarding paper backups.

Electronic PHMSA registration certificates. Drivers may carry the PHMSA hazardous materials registration certificate — or another document displaying the registration number — in electronic or paper form, produced on request. Paper copies in every vehicle are no longer required.

Electronic-only registration payments. PHMSA is eliminating payment by paper check. Registration fees must be paid electronically through DOT’s online system; ACH remains available, so payment is not limited to credit cards. Companies still renewing by check must revise procedures before their next filing.

Residue IBC exception (SP 21478). Qualifying “empty” intermediate bulk containers holding only residue, moving for reconditioning, remanufacture, or reuse, may travel without conventional shipping papers, placards, and UN identification numbers. A paper or electronic document must still accompany the load stating, “Residue IBC(s)” and the number of IBCs per hazard class or division. Limits apply to container capacity, residue quantity, materials, and destination. This may cut costs on returns of lubricant, additive, and chemical IBCs — but it is not a general exception for partially filled containers.

Smaller limited quantity marking. For qualifying highway, rail, and most vessel shipments, the limited quantity marking may be reduced to 25 mm by 25 mm and incorporated into the shipping label. Not authorized for air, radioactive materials, international vessel shipments, or overpack exteriors. Relevant to packaged c-store products, aerosols, and automotive chemicals.

Farmer security plan threshold. The gross receipts threshold rises from $500,000 (2005 dollars) to $825,000 (2025 dollars), with future inflation indexing. Farmers below the threshold are exempt from the security plan requirement and in-depth security training — but not from ordinary hazmat training. Estimated $5.7 million in annualized savings. Relevant to agricultural customers hauling fuels, fertilizers, and pesticides.

Special Permits and Packaging

Packaging manufactured under a valid DOT manufacturing special permit may remain in service for its useful life even if the permit expires, is not renewed, or the holder ceases operations, provided the packaging stays qualified, marked, maintained, and properly used. Renewal applications may now be filed any time before expiration rather than at least 60 days out, with continuation protections preserved.

By adopting SPs 12412 and 11646, PHMSA now permits discharge of specified materials from certain drums, IBCs, and portable tanks while still on the vehicle, subject to qualified attendance, bonding and grounding, no manifolding, and secured hoses and outlets. Critically for EMA, PHMSA expressly excluded petroleum distillate fuels. The explicit exclusion means this new regulatory flexibility cannot be used as authority for on-vehicle discharge of those fuels in mobile refueling scenarios. Companies seeking to perform mobile fueling of gasoline/diesel would still need to comply with other applicable rules (or seek separate authorizations if available) and cannot rely on this codified exception.

PHMSA also adopted SP 14175 (10-year requalification for specified DOT 3A/3AA cylinder bundles) and SPs 21287 and 21379 (streamlined transport of refrigerating machines using low-flammability refrigerants).

EMA Advocacy

These actions continue to reflect the Administration's broader appetite for reducing regulatory burdens across the transportation sector. EMA remains actively engaged with PHMSA to identify further opportunities to cut red tape and support safe, efficient fuel distribution for our marketers.

As we prepare to meet with senior PHMSA leadership this month to discuss placarding rules and other transportation issues, please send along any deregulatory ideas you'd like us to raise on the industry's behalf.

Inside the Beltway Update

Senators will gavel in at 11:30 a.m. today and confront a crowded agenda that stands between them and a five-week August recess.

Before the Senate moves to a floor vote on the bipartisan December 11 Continuing Resolution, it is expected to clear a package of 74 lower-level Trump administration nominees. Majority Leader John Thune (R-SD) originally saw the CR as a straightforward way to head off any October 1 shutdown risk, but the bill is now snarled in sharp disputes over hemp policy—as well as reconciliation maneuvers that have Democrats warning of a possible Republican end-run ahead of the recess. EMA supports a one-month delay of the hemp ban to give both sides more room to negotiate a deal.

Adding to the tension, Sen. Ted Budd (R-NC), joined by Sen. Pete Ricketts (R-NE), has filed an amendment to strip the hemp-delay language from the continuing resolution entirely. The Senate parliamentarian has reportedly ruled the amendment germane, meaning it could be adopted by a simple majority if brought to a vote. That significantly increases the prospect that the four-week delay could be removed before final passage of the CR.

Meanwhile, the long-awaited farm bill failed to advance out of the Senate Agriculture Committee this week, leaving another major agricultural priority unresolved before the recess. Included in the Senate farm bill was language to extend the year round waiver for E15. Unfortunately, negotiators could not bridge deep divides over a SNAP cost sharing provision with the states, with the measure ultimately falling short of the votes needed for markup.

The farm bill’s collapse in committee adds to the sense of unfinished business hanging over the chamber as it prepares to leave town. All of this sets the stage for an extended session that could stretch late into the evening. It remains unclear whether Thune will also bring up the SAVE America Act, the voter-ID and proof-of-citizenship measure President Trump is pressing hard despite the bill’s lack of 60 votes; the leader may still move it as a way to unify Republicans against Democrats rather than risk internal party friction.​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

Finally, three House Republicans — Reps. August Pfluger (R-TX), Jay Obernolte (R-CA), and Gary Palmer (R-AL) — introduced separate Congressional Review Act (CRA) resolutions of disapproval on Thursday to eliminate federal Clean Air Act waivers that permit California to enforce EV mandates. This coordinated effort marks the latest Republican push against such waivers, some dating to the Obama administration, following Congress’s elimination of three Biden-era waivers last year and the Trump administration’s call to repeal four more.

Rep. Gary Palmer’s resolution targets a first Obama administration waiver authorizing California emissions mandates starting with model year 2009 vehicles. Rep. Pfluger’s would revoke a Biden-era waiver supporting California’s Advanced Clean Cars I program, which restricts vehicle emissions. Rep. Obernolte’s aims to repeal a waiver enabling California to set emissions standards for small off-road engines, such as those in lawn mowers and golf carts. The Clean Air Act has long allowed California special authority to set different emissions standard than the federal government, with other states often adopting its standards, and the CRA provides a simple-majority mechanism to overturn such federal rules—a tool first applied to these waivers only last year.

This introduction builds on earlier Republican measures, including one by Rep. Harriet Hageman (R-WY) against the same 2009 waiver and another by Rep. John Joyce (R-PA) targeting a 2013 waiver for stricter standards through model year 2025, with Rep. James Gallagher (R-CA.) also planning a similar resolution. All four key sponsors serve on the Energy and Commerce Committee, which oversees the Clean Air Act, and the bills could advance to the floor after the August recess amid the administration’s broader goal of removing remaining California EV mandates.

The Senate has also followed the House by introducing four CRA resolutions on Thursday aimed at repealing the California EV mandate. Four Republican senators—Cynthia Lummis of Wyoming, Eric Schmitt of Missouri, Pete Ricketts of Nebraska, and Jon Husted of Ohio—introduced the CRAs. Senator Schmitt’s resolution targets a waiver from the first Obama administration authorizing California emissions mandates starting with model year 2009 vehicles; Senators Ricketts and Husted’s resolutions would revoke the waivers enabling California’s Advanced Clean Cars I program, which imposed progressively tighter standards through model year 2025; and Senator Lummis’s resolution seeks to eliminate a waiver covering emissions rules for small off-road engines such as those in lawn mowers and golf carts.

Trump Administration to Extend its Jones Act Waiver

The Trump Administration is preparing another extension of its Jones Act waiver to reduce the movement of oil and gas between U.S. ports as it seeks additional tools to ease pressure on gasoline prices. The Jones Act, enacted in 1920, requires that cargo shipped by water between U.S. ports travel on vessels that are built, owned, and registered in the United States and crewed by American workers. The White House first suspended the law for 60 days in mid-March and later extended the waiver by another 90 days in April. A White House official said discussions about a further extension remain active while the administration monitors how the existing waiver is being used.

Separately, American Petroleum Institute CEO Mike Sommers addressed political scrutiny of oil-industry profits. Responding to President Trump’s recent criticism of Exxon Mobil and Chevron for “making too much money” while retail gasoline prices remain elevated, Sommers noted that the sector understands it may face attacks in an election year. He emphasized that "American consumers have to understand that during this time of high earnings, this is the time when we invest for future production going forward.” He added that the industry is a “price taker, not a price maker,” and pointed to the roughly five-month closure of the Strait of Hormuz as a key driver of elevated pump prices.

In legal news, the Supreme Court scheduled oral arguments for October 5, the opening day of its new term, in Suncor v. Boulder. The case will test whether federal law or the Constitution prevents cities, counties, and states from suing oil and gas companies over the costs of addressing climate change. The outcome could shape the viability of dozens of pending climate-related lawsuits against fossil fuel producers.

NOAA: Below-Normal 2026 Atlantic Hurricane Season Expected

The Atlantic hurricane season is expected to remain below-normal, typical during an El Niño that subdues activity, NOAA said Thursday.

Forecasters assign a 75% chance of activity falling below the average of 14 named storms (seven of them hurricanes). The outlook calls for 7–13 named storms (including the two already formed), 2–6 hurricanes, and 0–2 major hurricanes.

“When El Niño emerges, it usually becomes the dominant factor in total hurricane season activity, and this El Niño continues to get stronger every month,” said Matthew Rosencrans, NOAA’s lead hurricane season forecaster. “Compared to a mature El Niño, other mechanisms play a smaller role in determining the number and intensity of tropical storms in the Atlantic basin.”

Even a quieter season can produce damaging storms, so communities should stay prepared.​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

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 July 16. Responding to the links on the invitation email is the recommended way to register. Sunday, October 4, 4 rooms are available, for Monday, October 5, 22 rooms are available, for Tuesday, October 6, 21 rooms are available and for Wednesday, October 7, 21 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.

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.

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.

July 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 July 1-31, 2026 time frame:

Connecticut: David Daniels, Jamieson Densmore, Matthew Mitchell

Louisiana: Rick Bearden, Josh Bigott, Will Butterfield, Dottie Curole, Dean Duplantis, Seth Dupuis, Adrienne Fontenot, Anne Gauthier, Stephen Hood, Joseph Isbill, Leslie Lowery, Daniel McCarty, Karlie McDonald, Josh Milazzo, Kellie Momenzadeh, Julie Montague, Rachel Pantinople, Matthew Raetzsch, Nick St. Romain, Albert Waguespack, Steven Waguespack

Michigan: Shane Applebee

Minnesota: Brian Johnson, Sara Johnson

Nevada: Aaron Aldape, Craig Allison, Jeremy Bautista, Ruy Bautista, Ren Bevell, Brett Bottenberg, Max Bowles, Ross Bown, Tom Bunting, Kyle Call, David Campbell, Mackenzie Campbell, Marlon Cartin, Steve Coldren, Christian Denney, Rick Edwards, Andy Everson, Brent Fergeson, Jon Fist, Kurt Goebel, Kevin Goodwin, Chad Headrick, Jeremy Holst, Gene Inglesby, Chris Kemper, Shristy Kumar, Christian Larsen, Roy Lawson, Ron Ludlow, Joe McGinley, Bob Michaelis, Fred Miller, Kevin Paprocki, Kate Posey, Jeremy Price, Armin Ray, Ben Roberts, Shaun Rullo, John Sande, Steve Schafer, Caitlin Scherr, Matt Servin, Sam Steoger, Fernando Trujillo, Shannon Ueunten, Chad Van Houten, Adam Vandermyde, Joe Welch

New Jersey: Lauren Hough, Ed Miller, Stephen Novack

South Carolina: Trevor Benton

Tennessee: Billy Harless, Chance Oliver

Virginia: Maurice C. Andrews Jr., Ryan Gray, Arnold Riggs, Mike O’Connor

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Federated Insurance Risk Management Academy Complimentary Webinar
Understanding Drug Testing Devices
Thursday, August 20, 2026, 2:00 PM Eastern Time

Discover Abbott’s workplace drug testing solutions in this informative webinar. Attendees will learn the key differences between the Abbott Workplace POCT Drug Test Program and MyeScreen Full Drug Test Program. Gain insights to select the ideal solution for your workforce based on testing needs, locations, and compliance requirements.

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• An overview of two different drug testing programs available to clients

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WHO SHOULD ATTEND

• Business Owners/Operators

• Risk Managers

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• 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: National Purchasing Partners (NPP)
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Crude Oil and Refined Products Outlook 2026 Complimentary Webinar by StoneX Financial Inc.
Tuesday, August 25, 2026, 3:00 PM Eastern Time

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.

REGISTER NOW