EMA Regulatory Alert: EPA Finalizes 2026–2027 Renewable Fuel Standards Obligations
On April 1, 2026, the Environmental Protection Agency (EPA) finalized its Renewable Fuel Standard (RFS) “Set 2” Rule, establishing renewable fuel volume requirements for 2026 and 2027 at the highest levels in the program’s 20-year history. The rule increases volume mandates across all fuel categories, reallocates a significant portion of previously granted small-refinery exemptions (SREs), eliminates renewable electricity as a qualifying fuel pathway, reduces equivalence values for renewable diesel, and introduces new structural changes affecting heating oil and biogas. With an effective date of June 15, 2026, EMA marketers should begin reviewing compliance and commercial strategies now.
| CLICK HERE TO READ EMA’S REGULATORY COUNSEL’S DETAILED ANALYSIS |
Main Street Competition Coalition Announces Major Expansion
This month, a coalition of trade associations, including EMA, and industry leaders announced the formal expansion of the Main Street Competition Coalition (MSCC) into a permanent 501(c)(4) advocacy organization. The cross-sector alliance is dedicated to restoring competitive fairness across the American economy by challenging the market power abuses squeezing Main Street.
The MSCC is the first business-backed advocacy organization built specifically to take on market power through antitrust enforcement and to fight policies that entrench the dominance of incumbent corporations. From under-enforcement of the antitrust laws and regulatory capture at the agency level, to systemic barriers that block legal recourse, independent businesses have lacked the infrastructure to fight back against rising monopoly and oligopoly across the economy. The MSCC changes that by serving as a permanent bridge between the small, mid-sized and even large businesses and agriculture producers experiencing these abuses, and the elected officials and enforcers positioned to address them.
Originally formed in 2021 to reinvigorate enforcement of the Robinson-Patman Act, the Coalition – a collection of business trade associations – has delivered concrete results over the past five years, most notably the renewal of Robinson-Patman Act enforcement at the FTC and building a growing bipartisan coalition of supportive policymakers on Capitol Hill and at the state level.
Now, with a formalized structure and expanded mission, the MSCC is positioned to confront the dominant conglomerates that stifle competition, inflate consumer prices, and threaten the survival of independent businesses and farmers anchoring communities across America.
Follow the coalition at its social platforms and sign up on the website at www.mainstreetcompetition.com to stay informed, participate in calls to action, and to make your voice heard.
A landmark 9th Circuit ruling, L.A. International Corp v. Prestige Brands, just gave independent businesses one of the biggest Robinson-Patman Act wins in decades. Join Chris Jones, Katie Van Dyck Counsel to the MSCC, and Nicolas Stebinger from Simonsen Sussman, who worked on the Pepsi case at the FTC, on April 21st at 2:00 PM ET to talk about what the decision means, where things stand on private litigation and enforcement, and what your options are if you're dealing with price discrimination. It's free for your members, so feel free to share with them. Register here.
EMA Regulatory Reminder: EPA Issues Update to National Fuel Waiver
EPA issued a new letter
to the nation’s governors, setting forth supplements to the fuel waiver
announced by the Agency on March 25, 2026, under Clean Air Act. In the
letter, EPA makes two regulatory clarifications and extends the federal
waiver of state “boutique” fuel requirements by an additional 20 days,
effective April 14, 2026.
The combined effect of these coordinated waivers is to permit the
production and distribution of gasoline containing 9 to 15 percent
ethanol at a single common Reid Vapor Pressure (RVP) standard of 10 psi
nationwide — eliminating the patchwork of differing state volatility
requirements that would otherwise restrict fuel fungibility across
distribution systems.
The two new clarifications address butane blending and CBOB
redesignation. First, EPA is waiving limitations on butane blending
applicable to Reformulated Blendstock for Oxygenate Blending (RBOB)
under 40 C.F.R. § 1090.220(e), allowing butane to be blended into RBOB
on the same terms currently permitted for Conventional Blendstock for
Oxygenate Blending (CBOB).
Second, EPA is interpreting 40 C.F.R. § 1090.1010(b)(2)(iii) to permit
distributors to redesignate CBOB as RBOB, thereby enabling fuel
fungibility between conventional gasoline and RFG covered areas.
EPA continues to ground its action on the hostilities in the Middle East
disrupting Strait of Hormuz tanker traffic, reduced U.S. refining
capacity (down 490,000 bpd since January 2020), and refinery utilization
already running at 90.8 percent — leaving minimal surge capacity. EPA
stated its intent to renew the fuel waivers through September 15, 2026,
or until the supply situation normalizes.
Urgent Cybersecurity Advisory: Nationwide Cyberattacks Targeting Automatic Tank Gauges (ATGs)
The Energy Marketers of America has been informed of known cyberattacks targeting automatic tank gauging (ATGs) in Tennessee, and cyber criminals are targeting systems nationwide. One convenience store chain has had at least 15 tanks now hit by this cyberattack. Thus far, there are no reports of any physical impacts.
Automatic tank gauging (ATG) systems are commonly used for fuel inventory and leak detection systems at retail fueling facilities, truck stops, marinas, and emergency generator facilities. Many of these devices are accessed remotely by computer networks to schedule fuel deliveries and maintain environmental compliance records for underground storage tank (UST) operational inspections.
Early reports indicate there have been multiple successful attempts to use computer network connections to gain unauthorized access to ATGs at multiple retail fueling convenience stores throughout the country. The attacks have allowed unauthorized access to fuel tank and fuel sensor information, and, in some cases, such information has been deleted from the ATG system.
The most common ATG system used is manufactured by the Veeder-Root Corporation. It appears that several successful attempts to modify the settings on these devices took place with sites equipped with Veeder-Root TLS-350 and TLS-450 Plus series consoles which were not programmed with network or password protection. Veeder-Root previously issued cybersecurity bulletins to address similar issues, which can be found at the links below:
The cyberattacks have also been documented on ATGs manufactured by other companies as well. In those instances, the targeted ATGs are not password-protected for remote network access. Each ATG should be equipped with site-specific network password protection (change the default password) and begin implementing network internet routers equipped with firewall protection.
The origin or purpose of the cyberattacks are currently unknown, but many suspect Iran is the instigator. To prevent unauthorized access to the local network and routers, tank owners should contact their local ATG service provider, which can add additional security measures to ensure your ATG system is adequately protected.
Recommended Immediate Actions
Change the default password on every ATG console (Veeder-Root TLS-350, TLS-450 Plus, and equivalents from other makers).
Deploy a dedicated firewall/router with the ATG on a segmented network (no direct internet exposure).
Contact your certified ATG service provider immediately—they can implement the hardening measures Veeder-Root recommends and verify compliance.
Store updated passwords securely inside or near the console (along with setup docs) for inspections.
Report incidents promptly via the CISA portal (https://www.cisa.gov/report), email report@cisa.gov, or phone (888-282-0870). Out-of-band communication is best if the network may be compromised.
When submitting a report to CISA’s portal, here’s the typical information that’s helpful to include:
Out-of-band method of communication (i.e., not via your potentially compromised IT network email) preferred for sharing any updates or sensitive information
Date and time of detection
Systems or networks affected
Type of incident (such as ransomware, DDoS, intrusion)
Indicators of Compromise (IOCs), like IPs, domains, or hashes
Impact details (data loss, operational disruption)
Mitigation steps already taken
EMA and the Tennessee Fuel & Convenience Store Association (TFCA) are working with DOE Cybersecurity, Energy Security and Emergency Response (CESER) and DHS Cybersecurity and Infrastructure Security Agency (CISA) to coordinate mitigation efforts and communication.
Additionally, EMA, TFCA and the Departments of Homeland Security (DHS) and Energy (DOE) urge members to use this opportunity to promote better cyber security in general. This incident is exploiting very basic cybersecurity deficiencies, and organizations that have this problem may also have vulnerabilities in other systems/equipment.
EMA urges its members to take advantage of CISA’s no-cost services to shore up cyber deficiencies at No-Cost Cybersecurity Services & Tools | CISA.
Inside the Beltway Update
House Appropriations Chair Tom Cole has officially launched the fiscal 2027 funding process by releasing a markup schedule that aims to have all spending bills ready for floor action by late June. This ambitious timeline begins this week with the Military Construction-VA and Financial Services bills, following a budget request from President Trump that proposes a significant shift in federal priorities.
This week the chief House and Senate
Appropriators defended the Low Income Home Energy Assistance Program
(LIHEAP) in spite of the administration’s renewed effort to have
Congress eliminate the program. Earlier this week White House budget
chief Russ Vought stated that LIHEAP is notoriously fraudulent, and
that incarcerated and dead people should not receive funding –
referencing findings from a 2010 Government Accountability Office
(GAO) report.
House Appropriations Chair Tom Cole (R-Okla.)
reported that he wouldn’t eliminate a “generally good program” and
if there is fraud, we need to address that. Furthermore, Senate
Appropriations Chair Susan Collins (R-Maine) said the program is
worthwhile. In the most recent appropriations cycle for fiscal 2026,
Congress did not follow through on this Trump administration’s
request for fiscal 2026 funding either.
Energy Secretary Chris Wright and Interior Secretary Doug Burgum held a call with the CEOs of major U.S. oil and gas companies, including Exxon Mobil and Chevron, to urge them to increase drilling. This move is part of President Trump’s "energy dominance" agenda aimed at lowering high oil prices. While the White House describes these discussions as a regular occurrence, the specific call comes as the administration faces fuel shortages and price spikes driven by international conflict.
House Transportation Chair Sam Graves has scheduled an April 29 markup for a new five-year surface transportation reauthorization bill with a proposed topline between $500 billion and $550 billion. This funding level, which remains under negotiation with ranking member Rick Larsen who seeks higher spending, is intended to be more traditional than the 2021 infrastructure law by focusing primarily on roads and bridges. A key component of the legislation is the inclusion of a registration fee for electric vehicles and likely hybrid cars, though Graves noted that the specific EV fee has been lowered from his previous $250 proposal. While the total figure is lower than the previous $1.2 trillion package, Graves aims for the bill to prioritize core infrastructure maintenance through a combination of authorizations and contract authority.
Below-Average Activity Forecast for 2026 Hurricane Season
Last week, Colorado State University (CSU) forecasted that the 2026 Atlantic basin hurricane season activity to be lower than normal. The CSU forecast is in line with AccuWeather’s expectations for the hurricane season, which was released last month. The Atlantic hurricane season runs from June 1 to November 30.
CSU expects six hurricanes with a 32 percent probability of a major hurricane making landfall somewhere on the U.S. coastline and 13 named storms during the season, while AccuWeather is calling for a near-to-below-average Atlantic hurricane season, with 11 to 16 named storms. CSU expects four to seven hurricanes and two to four major hurricanes and AccuWeather forecasters expect three to five direct impacts to the U.S. during the season.
The CSU forecasters noted that their outlook for the season comes amid conflicting weather signals in the Atlantic. Waters in the western tropical Atlantic are currently warmer than normal, which would usually favor above-normal activity, however, waters in the eastern tropical and subtropical Atlantic are slightly cooler than normal. Those conditions usually favor below-normal activity.
The CSU forecast is not much different from what was seen during the 2025 Atlantic hurricane season, which produced 13 named storms, five hurricanes and four major hurricanes. Three of those hurricanes - Erin, Humberto and Melissa - were Category 5 storms.
Both groups will regularly update their forecasts as the hurricane season progresses and EMA will update you as needed.
EMA’s annual Washington Conference and Day on the Hill will be held in Washington, DC from May 13-15 at The Mayflower Hotel. Our industry continues to have many important legislative and regulatory issues to discuss and the Day on the Hill remains the primary focus of this conference for you to meet with your members of Congress and network with other marketers from across the country!
Hotel reservations will close April 30 at 6:00pm Eastern or when the room block is sold out. Tuesday night (Sold out), Wednesday night (13 available), and Thursday night (Sold out). If we sell out, please refer to Additional Hotel Information #3.
Registrations must be received by April 30 to be included in our hotel guarantee.
| Click here to Register and Book your Hotel Room for EMA’s DC Conference and Day on the Hill |
Energy Marketers of America Small Business Committee (SBC) PAC Co-Chairs Mike Downs and Tim Keigher would like to thank Emily LeRoy and Tennessee Fuel and Convenience Store Association (TFCA) for donating a Mursi Backpack and a Cardholder.
Upgrade your everyday carry with the beautifully crafted leather set
from Jubilee Trading Co., featuring the Mursi Backpack and a matching
minimalist Cardholder. Designed for both style and practicality, the
backpack offers a spacious interior that fits up to a 13" laptop, along
with thoughtfully placed pockets and durable brass closures—perfect for
work, travel, or daily errands.
Paired with it is a sleek leather cardholder, designed with simplicity
in mind. Compact yet functional, it features three card slots and a slim
profile that fits easily into your pocket or bag—ideal for keeping your
essentials organized on the go.
The auction will take place in conjunction with EMA’s Washington Conference May 13-15, and bidding and raffle purchase will begin April 20 and will close May 15 at 9:00 am. The auction items will be displayed at the Welcome Reception on May 14. Last year, there was tremendous support in contributions for the auction and EMA SBC PAC Co-Chairs Mike Downs and Tim Keigher urge your participation this year as well! Please consider helping to grow the EMA PAC so that we can reach and support lawmakers that help you and the entire industry by contributing to the use of your vacation home or an experience for the auction. No value is too low to help generate funds for the EMA PAC during the 2026 Midterm elections.
If you have items that you would like to contribute for the Silent Auction, please click here or contact Sabrina Pitcher at 703-351-8000.
As Iran war drives up fuel prices, states are hesitant to suspend gas taxes. Here's why.
$133 vs. $99. What Is the Real Price for a Barrel of Oil? | The Wall Street Journal
Enbridge Energy wins US permits to operate border pipelines in North Dakota and Michigan | MSN
Iran war damaged as much as $58 billion of energy infrastructure, Rystad estimates | CNBC
Petrochemicals in a volatile world | Yahoo!Finance
Trump issues several pipeline permits for US-Canada oil transportation | MSN
Federated Insurance: Risk Management Corner
Manage Your Reputation With Smart Hiring
Practices
The people you hire play a key role in the success and bottom line of your business. Your team often serves as the face of your company, directly shaping public perception. When customers interact with an employee, they may form an opinion about your entire brand.
Think about your business' reputation within your community and online. Are your employees polite and professional in their actions and responses? Do they consistently follow company policies? If your workplace is open to the public, does your team keep it clean and organized? If you have company drivers, do they drive safely?
Your Team Can Help Shape Your Reputation
The people you hire directly reflect on you and your business. To help manage your reputation and make appropriate hiring decisions, consider these tips:
Post Transparent Job Openings: Clearly outline all job qualifications, responsibilities, work hours, pay, benefits, titles, and growth opportunities.
Define Your Values: Clearly communicate your business’s values and the qualities you seek in applications and during interviews.
Screen Carefully: Look beyond practical skills to assess an applicant's attitude and personality.
Check References: When possible, contact previous employers and references. Keep in mind that past actions can predict future behavior.
Train Thoroughly: Have an onboarding plan ready to ensure every new hire understands your workplace standards and policies.
Your reputation is as important to your business as the people you hire and employ. Contact your local Federated Insurance® marketing representative to learn more about this important risk management topic. Clients can access human resources content on the Training & Resources page of mySHIELD® 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 262.719.7750 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®
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