The 2026 midterm elections brought significant change to both the House and Senate. While not every race has been called, Democrats took control of both chambers. In the House, Democrats gained 24 seats, pushing the party well beyond the 218-seat threshold. Notably, Democrats are on track to amass the largest majority since 2008. In the Senate, Democrats flipped seven seats, including Iowa, Kansas, Maine, North Carolina, Ohio, South Carolina, and Texas. The Mississippi and Alaska Senate races have yet to be finalized but may increase Democrats’ control. At a minimum, Democrats will have an eight-seat majority in the Senate, outperforming the initial polling data. Many districts and states that heavily supported President Trump in 2024 voted for Democrats in the 2026 election.
As for the lame duck session, it is still up in the air on what Congress can get done before the end of the year. Lawmakers face hard deadlines on government funding (December 11) and expiring farm and surface transportation authorities (December 31), so some form of stopgap funding and short-term extensions is likely, along with a strong push to clear the annual defense authorization bill. A farm-bill compromise on SNAP cost-sharing that unlocks year-round E15 remains possible if both sides cut a deal, but broader priorities—including a debt-ceiling increase or permitting reform—face a compressed calendar, leadership flux, and the realities of an outgoing majority. A second surface transportation extension is expected. Rep. Rick Larsen (D-WA), who is seeking the top spot on the House Transportation and Infrastructure Committee, aims to complete the full surface transportation reauthorization bill in early 2027. Also looming is the federal ban on hemp, which is set to take full effect on December 11, lawmakers could still delay it further or swap in a regulatory framework as part of the funding package.
With Democrats in control of Congress, House Democratic Leader Hakeem Jeffries (D-NY) is on track to become speaker, and Sen. Chuck Schumer (D-NY) will likely become Senate majority leader. According to Leader Jeffries, Democrats plan to focus on reversing Medicaid cuts, stopping the Trump tariffs, and ending the Iran War in their first few weeks in the majority. Leader Jeffries added that Congress' top priority should be reaching a spending agreement that meets the needs of the American people. Meanwhile, Republican leadership is in flux after Speaker Mike Johnson (R-LA) announced he would not run for leadership. Current House Majority Leader Steve Scalise (R-LA) and House Judiciary Chair Jim Jordan (R-OH) have both launched their bids for minority leader.
This week, the Department of Energy (DOE) announced that it awarded contracts to four firms to supply heating oil from the Northeast Home Heating Oil Reserve. The announcement comes after Sen. Susan Collins (R-ME), who called for a heating oil release, lost her reelection bid to Democrat Troy Jackson. About 300,000 barrels, roughly one-third of the reserve's stockpile, will be distributed by the end of the week. DOE stated that the companies receiving the fuel will need to return it with interest before next winter. The reserve was last tapped after Hurricane Sandy in 2012.
Additionally, a group of Senate Republicans led by Senate Majority Leader John Thune (R-SD) asked a federal appeals court to overturn a ruling that the Environmental Protection Agency (EPA) improperly sent vehicle emissions rules to Congress for potential repeal. The EPA had previously granted California waivers under the Clean Air Act to set its own vehicle emissions standards. The EPA submitted these waivers to Congress for repeal in June, but a federal district court judge ruled the action was unlawful.
Looking ahead, divided government is returning to Washington. The 120th Congress will likely be marked by congressional investigations and partisanship as both parties look toward the 2028 presidential election. The shift in power will have broad implications for major policy issues, including affordability, energy, and investment in emerging technologies.
CDL Drivers Should Apply Early for HME Renewals to Avoid Loss of Operating Authority
Drivers seeking to renew or obtain a hazardous materials endorsement (HME) must undergo a Transportation Security Administration (TSA) security threat assessment, which includes background checks and fingerprinting. The HME must be renewed every 5 years. While the process typically takes 45 days, TSA can experience elevated demand for HME renewals and new enrollments, causing processing times to exceed that standard window. Thus, TSA recommends that all applicants enroll for the HME assessment a minimum of 60 days before applicants require an eligibility determination. Drivers who apply outside the suggested window risk a temporary loss of authority to haul fuels regulated as hazardous materials.
HME Application Process
Drivers may apply online or in person at the nearest TSA application center. Appointments can be scheduled online or by calling (855) 347-8371, weekdays 8 a.m. to 10 p.m. ET. Walk-ins are welcome, but appointments take priority.
When applying in person, drivers must:
Provide required documentation and fingerprints.
Present a current U.S. passport or a driver’s license and birth certificate (other acceptable documents are listed on TSA’s website).
Pay a non-refundable fee by credit card, money order, company check, or certified/cashier’s check. The fee is valid for five years:
$88.25 for new and renewing applicants
$41.00 for applicants who already hold a valid TWIC card and are licensed in a state that accepts the TWIC threat assessment in lieu of the HME assessment.
Drivers may check their application status online at any time.
Important: Drivers in Florida, Kentucky, Maryland, New York, Pennsylvania, Texas, Virginia, and Wisconsin must apply and complete fingerprinting through their local Department of Motor Vehicles. TSA application centers are not available to drivers in these states.
Security Threat Assessment Determination
Once TSA completes its security threat assessment, it notifies the relevant state — and typically the applicant — of its eligibility determination. If TSA identifies potentially disqualifying information, it will issue a Preliminary Determination of Ineligibility to the applicant, which includes instructions for next steps.
Importantly, applicants have 60 days from the date of that notice to request an appeal or waiver. Failure to respond within that window may result in a final denial of eligibility.
Additional Information
Consult TSA’s HAZMAT Endorsement website to apply online, schedule an in-person appointment, or find an application center. For questions, contact the TSA HME Application Program at (855) 347-8371 or HME Customer Service at (833) 848-4759.
Cybersecurity Advisory for Commercial Refrigeration and Cold Chain Systems
EMA is sharing a cybersecurity advisory issued on 11-05-26 by DHS CISA and its federal partners regarding cyber threats targeting industrial refrigeration and cold chain monitoring systems.
Recent cyber incidents involving commercial refrigeration systems have been reported in several European countries, resulting in disruptions to refrigeration operations and potential inventory losses. Similar incidents in the United States are also being investigated as possible cyberattacks.
Cyber actors are targeting refrigeration controllers used in grocery stores, cold storage facilities, and other businesses that rely on temperature-controlled storage. These attacks could allow unauthorized users to remotely change temperatures or force refrigeration units into defrost cycles, potentially resulting in spoiled inventory, equipment damage, and operational disruptions.
The advisory recommends several measures to reduce these risks, including:
Removing unnecessary internet access to refrigeration control systems.
Changing default passwords and strengthening authentication.
Updating software and firmware to address known vulnerabilities.
Securing remote access and monitoring systems for unusual activity.
Although incidents have been confirmed overseas, the vulnerabilities could also affect businesses and critical infrastructure throughout the United States, particularly within the food and transportation sectors. Please review the following CISA Advisory which includes the specific ways to mitigate the likelihood of being attacked.
Click here for the CISA Advisory.
October 2026 Contributors to EMA MDF
EMA’s Marketer Defense Fund (MDF) committee wants to thank the following individuals for their MDF contributions during the October 1-31, 2026 timeframe:
Alabama:
Bart Fletcher, Petroleum & Convenience Marketers of Alabama
Connecticut:
David Daniels, Daniels Energy
Georgia:
Drina Miller, AVM Continuity
Iowa:
John Maynes, FUELIowa
Mississippi:
Parker Lipscomb, Lipscomb Oil Company
Nebraska:
Tim Keigher, Nebraska Petroleum Marketers & Convenience Store
Association
Nevada:
Miranda Hoover, Energy & Convenience Association of Nevada
North Dakota:
Kaitlyn Cose, Dale’s Truck Stop
Paul Mutch, Paul’s Petromax Inc.
Scott Ross, Sunoco
Oklahoma:
Candace McGinnis, Oklahoma Petroleum Marketers & Convenience
Store Association
South Carolina:
Michael Fields, South Carolina Convenience & Petroleum Marketers
Association
David Jordan, R.L. Jordan Oil Company
South Dakota:
Dawna Leitzke, South Dakota Petroleum & Propane Marketers
Association
Tennessee:
Brooklyn Vizard, Kimbro Oil Company
Washington:
Dustin Nelson, NelsonReisner
Corporate donations are acceptable. MDF funds have been used to create a COVID-19 Situational Update & Resources webpage, to hire experts to cover important regulatory agencies and disaster relief dedicated to strengthening our lobbying efforts on Capitol Hill. Click here to donate to the EMA MDF.
FDA Authorizes Marketing of 24 Velo Nicotine Pouches | US Food & Drugs
Oil executives warn global supply buffers are thinning despite rising Hormuz flows | World Oil
Federated Insurance: Risk Management Corner
Monthly Fire Checks Can Help Your Business Stay
Flame-Free
During Fire Prevention Awareness Month each October, it is important to remember that workplace fires do more than damage property. They endanger people, disrupt operations, release pollutants into the environment, can cause serious losses, and may lead to permanent closures. In fact, 40% of businesses fail to reopen after a catastrophic event, such as a fire.1
Keep Your Fire Risks in Check
Take fire safety a step further at your business by assigning a key staff member to conduct a monthly walkthrough of your facilities with a fire prevention checklist. This can help you monitor common causes of fires, including poor housekeeping and deferred equipment maintenance. It’s also a good way to regularly evaluate electrical systems and appliances, keep evacuation routes clear, and confirm fire protection systems are in good working order.
Plus, walkthroughs can help your team identify and resolve hazards threatening the business before a fire sparks up. If you have multiple locations, be sure to assign a trusted employee to walk through them with a checklist. This proactive approach can make a difference in enhancing general safety and teaching good habits.
Make Fire Prevention a Priority
Fire Prevention Awareness Month will come and go, but fire hazards are ever present. Making routine checklist-driven walkthroughs part of your workplace culture can make a lasting difference in your business. Reach out to your local Federated Insurance® marketing representative to learn more about risk management resources, including a fire prevention assessment checklist. Federated® clients can also access mySHIELD® for sample safety meeting guides, fire prevention handouts, and more,
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.
Member Services Benefit with RINAlliance
Are You Taking Advantage of the Renewable Fuel Standard?
The Energy Marketers of America announced an exclusive member
service agreement in 2024 with RINAlliance, so that every fuel marketer
has an opportunity to leverage the Renewable Fuel Standard (RFS).
Whether a fuel marketer is determining whether to blend and take
renewable fuel with RINs, or whether they are a current RFS participant
looking to improve RIN management, RINAlliance can help with strategies,
tools and expert support.
Schedule your consultation today to learn more by visiting www.rinalliance.com/contact.
Be sure to tell them you heard about RINAlliance through EMA or one of
its Federation members.
| CLICK HERE FOR MORE INFORMATION AND TO SCHEDULE A CONSULTATION WITH RINAlliance |
EMA
Member Services Spotlight
Featuring: Cintas
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Facility Services
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looking their best. New Cintas contracts enjoy special discounts and a
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Enroll your business for FREE with NPP to learn more about Cintas discounts. Enroll with NPP here. NPP is a member benefit provider of Energy Marketers of America. Restrictions may apply.