Energy Marketers of America weekly update on important national industry news
June 2, 2023  [WR-23-21]
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who generously supports The Energy Marketers of America

Quick Links to Articles

U.S. DOT Annual Hazmat Registration Due by July 1

Tired of Delayed IRS Tax Refunds?

EMA Urges FDA to Publish a List of Electronic Nicotine Delivery Systems to Eliminate Confusion and Uncertainty in the Marketplace

FTC Orders Mastercard to Stop Blocking the Use of Competing Debit Card Networks

Congressional Update

Special EMA Members Code for NACS Show 2023 Registration

Weekend Reads

May 2023 Energy Marketers of America Small Business Committee (SBC) PAC Contributions

Federated Insurance Risk Management Academy Webinar

EMA Member Services Spotlight Featuring: Airgas through National Purchasing Partners

Articles for June 2, 2023
U.S. DOT Annual Hazmat Registration Due by July 1

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) online portal for annual HAZMAT registration is now accepting registrations for the 2023-2024 registration period. Registration renewals must be completed by July 1, 2023.

PHMSA requires both hazardous material transporters and those who ship hazardous materials through common carriers to register and pay a fee each year in return for a certificate of authority to operate in intrastate and/or interstate commerce. Since PHMSA allows multiyear registration, not all registration certificates are up for renewal by July 1, 2023. Marketers should look at their registration certificate for the date of renewal or search registration status at PHMSA’s online portal at registration look-up to determine whether registration is due for renewal.

To read the full EMA compliance bulletin, go here.

Tired of Delayed IRS Tax Refunds?
EMA Member Service Benefit with IRS-Approved E-File Company ThinkTrade to Help Streamline IRS Tax Refunds
Webinar: Friday, June 16, 2023, 11:00 a.m. EST

On May 10, the Energy Marketers of America (EMA) announced an exclusive member service agreement with ThinkTrade, an IRS authorized e-filing service provider and a BBB accredited company with A+ rating, enabling safe and secured filing for taxpayers. ThinkTrade will grant EMA member companies a 15 percent discount off ThinkTrade’s e-filing services through a dedicated landing page to prepare, file and pay federal excise tax returns on IRS Forms 720, 8849 and 2290.

With over two decades of experience serving customers, ThinkTrade has a proven track record of delivering savings and support to trucking companies of all types and sizes when filing federal excise taxes. Energy marketers will also have access to ThinkTrade’s dedicated 24/7/365 support team, which provides one point of contact for all e-filing service needs.

EMA President Rob Underwood said, “In these times of IRS delays in processing paper claims, I encourage energy marketers to file IRS tax claims electronically to avoid processing delays. For the last 20 years, ThinkTrade has been helping organizations to simplify and reduce tax filing expenses. We look forward to growing this new relationship and helping our membership to reduce spending on filing taxes required for operations.”

“We are pleased to be selected as the preferred e-file provider for Energy Marketers of America and look forward to helping EMA members streamline their tax filings and reduce costs,” said Satish Sivaraman, ThinkTrade’s Head of Operations.

ThinkTrade will host a webinar to assist EMA members navigate the e-file software on Friday, June 16 at 11am EST. CLICK HERE to register for the June 16 webinar.

For more information about ThinkTrade and EMA’s landing page to file taxes, please visit

EMA Urges FDA to Publish a List of Electronic Nicotine Delivery Systems to Eliminate Confusion and Uncertainty in the Marketplace

Yesterday, the Energy Marketers of America (EMA) submitted a citizen petition to the Food and Drug Administration (FDA) to implore them to publish a clear and comprehensive list of electronic nicotine delivery systems (ENDS) to eliminate confusion and uncertainty in the marketplace. Although the FDA has provided a list of products with marketing granted orders (MDOs) and a list of companies that received MDOs, those lists have not proven useful to EMA’s members who need to determine which products can and cannot be legally sold.

Specifically, EMA requested that the FDA “publish a list by brand and category of (i) ENDS and other deemed tobacco products with tobacco-derived nicotine that were on the market as of August 8, 2016, and (ii) ENDS and other deemed tobacco products with nicotine not derived from tobacco that were on the market as of April 14, 2022, that indicates whether each of those products:

  • Has received a marketing granted order;

  • Has received an MDO that has been stayed by a court or FDA, rescinded by FDA, or vacated by a court; and/or

  • Has a timely filed premarket tobacco product application (“PMTA”) pending and is not subject to one of FDA’s enforcement priorities identified in FDA’s Enforcement Priorities for ENDS and Other Deemed Products on the Market Without Premarket Authorization."

“The delays and uncertainty have a very real impact on the daily lives of American entrepreneurs including EMA’s member companies who require predictability and transparency to operate. EMA’s member companies and other retailers are well positioned to aid in the fight against illegal and dangerous products by keeping them off their shelves, but the ability to do so requires clear and rational regulatory framework, with changes communicated consistently and transparently,” said EMA President Rob Underwood.

CLICK HERE to read EMA’s Citizen Petition.

FTC Orders Mastercard to Stop Blocking the Use of Competing Debit Card Networks

This week, the Federal Trade Commission (FTC) ordered Mastercard to cease tactics preventing retailers from using competing networks to process certain debit card transactions. The Durbin Amendment to the 2010 Dodd-Frank law required banks to enable at least two unaffiliated networks on every debit card, giving retailers a choice of which network to use for a given debit transaction. EMA and its 47 state associations proved critical to getting the Durbin Amendment over the finish line, obtaining a first of a kind law guaranteeing a network choice for retailers. The FTC alleged, however, that Mastercard violated the law by inhibiting retailers from using other, less expensive networks by depriving them of the customer account information they need to process debit payments. The order requires Mastercard to provide the relevant information to competing networks, and it also bans Mastercard from taking other actions to inhibit merchants in making the network choice guaranteed by the Durbin Amendment.

Congressional Update

What a difference a week makes! Last Friday, it was not clear that President Biden and Speaker McCarthy would reach an agreement on a debt ceiling increase, and it was less clear that whatever they ultimately produced would have a chance of getting through Congress. Well, a week later, the deal was made, written into a bill, and passed through Congress. It is expected to be signed as quickly as possible, averting a U.S. default.

The agreement, which is being called the Fiscal Responsibility Act (FRA), has a number of key provisions, but the most immediately critical is that it suspends, rather than raises, the debt limit until January 1, 2025. In this way, members of Congress are not required to vote to raise the debt by trillions of dollars, instead, kicking the proverbial can down the road for a future Congress to resolve. It is also worth noting that, technically, there is no cap between now and January 1, 2025. Further, in a major win for the White House, the next possible lapse would be after the next presidential election, averting another possible economic crisis in the midst of a major political campaign. Most critical pieces of the deal are limits to discretionary spending for the next two fiscal years, with FY 2024 levels set at $886.3 billion for defense and $703.7 billion for nondefense spending. In FY 2025, these numbers increase slightly to $895.2 billion and $710.7 billion, respectively. Technically, there are also restrictions on spending after FY 2024, restricting defense and nondefense to 1 percent growth for six years. However, the bill only includes teeth, so to speak, for FY 2024 and 2025. Should Congress appropriate more money in those two years, this law would trigger a sequester that would automatically cut the bills back to these prescribed levels. That mechanism does not exist in FY 2026 and beyond, so there is really no consequence if Congress decides to appropriate additional money at that time. Interestingly, the bill also includes an automatic trigger for a continuing resolution that would kick in at 1 percent below the most current year, should appropriations bills not be passed by January 1 of 2024 or 2025.

While the debt limit deal was this week’s main event, it was not its only event, with the White House pulling another nominee from contention for a federal appointment. Like FAA Administrator-nominee Phil Washington, Ann Carlson, who had been selected to run the National Highway Traffic Safety Administration (NHTSA), ran into a wall of opposition led by Sen. Ted Cruz (R-TX). Sen. Cruz raised concerns that Ms. Carlson, who practices environmental law, would prioritize green initiatives at NHTSA rather than focusing on traffic safety. Ultimately, he won over enough votes from the Senate Commerce Committee (where he is Ranking Member) to tank her nomination.

Additionally, Congress managed to pass a joint resolution to block the EPA’s rule that made changes to federal emissions standards for trucks. While this is a symbolic, bipartisan change, the White House has promised it would veto the measure. The proposal impacts emissions on heavy-duty trucks starting with the 2027 model year. Unfortunately for the proponents of this resolution, Congress will not have sufficient votes to override the President’s veto.

Finally, the Senate Energy and Natural Resources (ENR) Committee held a hearing this week to “Examine the Reliability and Resiliency of Electric Services in the U.S.” During the hearing, Jim Robb, President and CEO of the North American Electric Reliability Corporation, noted that “[u]nless reliability and resilience are appropriately prioritized, current trends indicate the potential for more frequent and more serious long duration reliability disruptions, including the possibility of national consequence events.” Some of the trends he emphasized were increases in long-duration bouts of extreme weather. It goes without saying that energy marketers serve as one of the last lines of defense when other sources of power fail, so it’s important that Congress take these concerns seriously, and we’ll continue to monitor this situation to see what types of action are spurred by this hearing, if any.

Special EMA Members Code for NACS Show 2023 Registration

Registration is now open for the 2023 NACS Show in Atlanta, Georgia from October 3 – 6.


EMA Registration Code

Using this code provides EMA with $100 for every retailer or jobber paid registration. And to assist with early registrations, this special code will extend the Early Bird rate until June 9, 2023, for anyone who uses the code as well as providing the $100 for anyone registering at any rate after the Early Bird rate expires. EMA encourages EMA state execs to promote and share with your state association’s member companies. **Please note that EMA State Execs are comped for NACS Show registration, and this link will be sent directly to them in the near future. Additionally, the NACS Show registration is separate from EMA’s Fall Meeting registration. Again, the EMA NACS Show Registration Code is: EMANS2023 and CLICK HERE for Full Instructions to register.

Questions registering? Contact NACS Show registration customer service at or 469-513-9489, Monday-Friday, 9:00 a.m. – 5:00 p.m. EST, for assistance.

Weekend Reads

US meteorologists predict near-normal ’23 Atlantic hurricane season | ICIS

Memorial Day Drivers Get Cheaper Gasoline Prices Thanks To Flagging Crude | 

Factbox: Permian set for M&A frenzy as cash-rich producers seek reserve boost | Reuters

PAC Co-Chairs Mike Downs and Tim Keigher are grateful for the Energy Marketers of America Small Business Committee (SBC) PAC contributions from the following individuals during the May 1-31, 2023 time frame:

Alabama: Chris Mohon

Colorado: Grier Bailey, Brian Haldorson

Connecticut: Mike Devine, David Foster

Florida: Max Alvarez, Carlos Arruza Jr.

Idaho: Brett Adams, Derek Berry, Matt Berry, Dennis Campo, Tyler Harker, Brad Holland, Justin Kerr, Jake Searl

Iowa: Donald Burd, David Carter, Tia Eischeid, Jim Ewing, Ashley Hartman, Glenn Hasken, Bev Jessen, Ronald Langston, Doug Matthees, Chad Monty, Donnie Olson, Dean Wendolek

Kentucky: Brian Clark, Bob Riley

Michigan: Mark Griffin

Minnesota: Kevin Beck, Jay Cattoor, John Derichs, Corey Freyberg, Deb Gappa, Ryan Gilbertson, Ryan Harrigan, Mavis Hutt, Bev Jessen, Sara Johnson, Clay Lambert, Anne Leikam, Dave Leikam, Kirsten Libby, Doug Matthees, John McNamara, Blake Molo, Dave Rahn, Al Seckinger, Brad Vining, Tracy Vining, Holly Werner, Glenn Winter

Mississippi: Calrenease Cook, Michael Dees, Joshua Dufford, Rex Gillis, Walter Gresham, Charles Morris, Joe Morris, Stanley Roberts, Bill Sumrall

Nebraska: Mark Whitehead

NECSEMA: Jim Garrett

New York: Kris DeLair, Cheryl Mirabito, Kristyn Schweitzer, Brandon Smith

North Carolina: John Clark, Daniel Erwin

North Dakota: Tom Haahr

Oregon: Gabriel Zirkle

South Carolina: Sam Bell, Matthew Greene, David Jordan, Donna Shook

Tennessee: Tommy Hunt, Emily LeRoy

Washington: Brad Bell, Gerry Ramm

Wisconsin: Matt Hauser

Wyoming: Grier Bailey

Federated Insurance Risk Management Academy Webinar
Who Are Your Safest Drivers?: Tuesday, June 20, 2023, 1:00 p.m. Central

Company drivers today face distractions unlike any in history, and poor driving behaviors put your company at risk. We’ll take a look into how you can recognize and promote safe driving through the use of our Federated DriveSAFE program.

What you will learn:

  • Why the safety of your drivers and others is so important to your business’ success

  • How it takes more than just a policy to get the message across and protect your business

  • How to help your drivers move from good to great

Advanced registration is required for this 30-minute webinar.

For additional information or to discuss this in further detail, please contact your Federated regional representative or EMA’s National Account Executive Jon Medo at 800.533.0472. Federated is a Partner in EMA’s Board of Directors Council.

EMA Member Services Spotlight Featuring: Airgas through National Purchasing Partners
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NPP is a member benefit provider of Energy Marketers of America offering members savings on products and services you use every day.

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