House Passes Congressional Resolutions to Overturn the “California Car” Mandate
Yesterday, the House of Representatives approved three Congressional Review Act (CRA) resolutions to overturn Biden-era rules granting Clean Air Act waivers to California. The resolutions, introduced by Reps. John Joyce (R-PA), John James (R-MI), and Jay Obernolte (R-CA), would overturn the Environmental Protection Agency’s approval of the Clean Air Act waiver for California's Advanced Clean Cars (ACC II) rule, along with approved federal waivers for the State's clean trucks and heavy-duty NOx rules. 10 Democrats supported the Congressional Resolution to stop California from dictating which cars motorists should drive and 13 democrats voted to block California’s electric truck mandate.
The CRA resolutions were strongly supported by the Energy Marketers
of America. Under the CRA, Congress is empowered to review “rules”
issued by federal agencies, including EPA, before the rules take effect.
Congress may review a rule for a period of 60 days and then disapprove
it using special procedures, including a joint resolution of
disapproval. The EPA transmitted the three waiver approvals to Congress
earlier this year, starting the clock for review of the waivers by
lawmakers.
Now the House approved resolutions head to the Senate where chances of
success are likely, however, there does remain a few outstanding
procedural questions. That’s because Senate parliamentarian Elizabeth
MacDonough, who acts as the Senate’s independent referee, disagrees that
the CRA can be used to overturn California’s emissions standard rules.
Her ruling followed a Government Accountability Office opinion issued
last month saying that California’s waivers aren’t federal rules subject
to CRA. GOP Senators Susan Collins, Lisa Murkowski, John Curtis and John
Cornyn remain undecided. The GOP needs 51 votes to approve the CRA so
they can only lose two votes.
California’s ACC II rule includes a mandate for vehicle manufacturers to
sell increasing percentages of zero-emission vehicles in the State,
beginning in model year 2026, and culminating in a ban on internal
combustion engine-powered vehicles in 2035. To date, 17 states have
adopted portions of California’s light- and heavy-duty vehicle
regulations. By design, California’s ACC II rules operate to reduce the
liquid fuels market by giving preferential treatment to electric
vehicles, thereby injuring energy marketers and others who participate
in the market. EPA’s waivers not only increase vehicle costs but also
increase the costs of goods and the cost of living for American
families.
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As President Trump marked his 100th day in office in Michigan and Washington this week, Congressional Republicans returned to the Capitol from April recess this Monday eager to make progress on their stalled legislative agenda.
Behind the scenes, Republicans are slowly making progress on their energy, border and tax mega bill as House committees begin to release and debate individual portions of the legislation. However, Republicans are far from the finish line as landmines persist in the multi-trillion-dollar package. Deadlines for sending the bill to President Trump’s desk have shifted from mid-April to Memorial Day, and now to the Fourth of July.
This week, several House Committees marked up legislation that will soon be folded into the broader reconciliation package, including the House Armed Services, Education & Workforce, Financial Services, Homeland Security, Judiciary, and Transportation & Infrastructure (T&I) Committees. To meet its target of cutting $10 billion in spending under its jurisdiction, on Wednesday, T&I advanced draft legislation rescinding several Inflation Reduction Act programs including the Neighborhood Access and Equity Grants, Environmental Review Implementation Funds, and Low-Carbon Transportation Materials Grants Programs. In addition, T&I has proposed a new annual registration fees on electric and hybrid vehicles to support the Highway Trust Fund (HTF). Unexpectedly, the initial draft of the T&I legislation would have also imposed a fee on gasoline vehicles beginning in 2031. However, that provision was stripped from the draft legislation during markup, after it generated opposition from several House Republicans.
House leadership continues to stress that the Ways and Means Committee is prepared to mark up a tax title – the primary focus on the reconciliation package – late next week. Nevertheless, the Ways and Means Committee continues to wait for other House Committees to advance their portions of the bill, including the Energy & Commerce Committee, which is tasked with identifying $880 billion in spending cuts to help offset tax cuts. Significant delay from other Committee’s schedules or further negotiation over sticking points like IRA credits and the state and local tax deduction cap may postpone markup of a tax title (and the public release of draft legislation) to later in May.
Lawmakers Introduce Biodiesel Blender’s Tax Credit Extension
Yesterday, Representatives Mike Carey (R-OH), Andrew Garbarino (R-NY), Dusty Johnson (R-SD), Mike Kelly (R-PA), Darin LaHood (R-IL), Mariannette Miller-Meeks (R-IA), Ashely Hinson (R-IA) and Claudia Tenney (R-NY) introduced the “Biodiesel Tax Credit Extension Act of 2025,” (H.R. 3137) which aims to extend the $1 per gallon biodiesel blender’s tax credit through 2026. Extending the biodiesel blender’s tax credit is important to energy marketers to sell a growing portfolio of affordable, efficient, and environmentally friendly liquid fuels that are helping to reduce emissions while propelling Americans forward and lowering heating fuel costs.
Unfortunately, the Inflation Reduction Act (IRA), which was signed into law in 2022, replaced the biodiesel blender’s tax credit with a new 45Z Clean Fuel Production Credit (CFPC) based on carbon intensity scores. Ethanol, biodiesel, renewable diesel and sustainable aviation fuel (SAF) will all be eligible for the new production tax credit, however, the Department of the Treasury has yet to publish final CFPC guidance. Therefore, it is important that Congress acts soon to extend the biodiesel blender’s tax credit to give impacted industries market certainty for at least another year.
Heating fuels marketers -- click here to write Congress to extend the Biodiesel Blender’s Tax Credit.
Motor fuels marketers -- click here to write Congress to extend the Biodiesel Blender’s Tax Credit.
Meanwhile, EMA submitted comments on 45Z implementation and the Importance of Extending the Biofuel Blender’s Tax Credit. Click here to read the comments.
EPA Grants E10 Waiver for Seven Midwestern States and Nationwide E15 Waiver
On Monday, EMA was pleased to announce that –– in response to requests from the Governors of Illinois, Iowa, Nebraska, Minnesota, Missouri, South Dakota, and Wisconsin –– EPA will allow these seven States to continue to use summertime blendstocks for the sale of E10. These States had opted out of the one-pound Reid Vapor Pressure (RVP) waiver for E10, beginning this summer. This means refiners will no longer be required to produce 7.8 RVP base gasoline for E10 to meet gasoline volatility limits in these States. Now, 9.0 RVP base gasoline with the one-pound waiver can be used throughout the Midwest.
Additionally, EPA granted a nationwide waiver for E15, permitting the blend to be sold in fuel markets across the nation with a higher volatility standard. In essence, E15 and E10 will now have regulatory parity in the Midwest without adding the complexities of fuel bifurcation.
“EPA’s action for these states means E15 and E10 are sold across the
region on equal footing, helping ensure adequate gasoline supplies to
consumers across the country,” the agency said in an announcement.
EMA and its Central Region shared key market insights with federal and
state decision-makers to look for ways to mitigate the consequences of
the request by Midwestern governors to “opt-out” of RVP summertime
flexibility, which would have established a boutique market with 7.8 RVP
E10 blends. With EPA’s actions, both E10 and E15 can be sold with the
same blendstock.
However, uncertainty remains, as the market has adjusted based on the
implementation of the “opt-out,” and the E10 emergency waiver expires on
May 20 (although it can be renewed by EPA). EMA continues to underscore
that delaying the implementation for another year is the path that would
create the most stability in fuel markets.
“EMA will continue advocacy efforts with EPA, as well with Congress and
industry stakeholders, on a long-term solution for E10 and E15 blends,
supporting policies that maximize fuel fungibility, consider
infrastructure compatibility, and minimize retail fuel price
volatility,” said EMA President Rob Underwood.
For more information on EPA’s announcement, click here.
EMA Seeks Application of DOT Flash Point Placarding Exception to E15
On Tuesday EMA submitted comments to DOT’s Pipeline and Hazardous
Materials Safety Agency (PHMSA), supporting the agency’s proposed flash
point placarding exception, which would allow fuel transporters to
placard cargo tank vehicles based on the lowest flash point for split
loads and alternating straight loads of gasoline, diesel, heating oil,
and E10 blends. Given recent market and regulatory trends supporting the
sale of E15 blends, EMA urged PHMSA to extend the exception to gasoline
blends containing up to 15% ethanol in split loads.
Under the federal Hazardous Materials Regulations (HMR), fuel
transporters are required to affix placards displaying hazardous
material identification numbers and related product characteristics on
all cargo tank vehicles. These diamond-shaped placards must be displayed
on both sides and the rear of each cargo tank. A special provision in
the HMR (49 CFR 172.336) previously allowed the placard cargo to be
based on the lowest flash point of the products being transported. This
exception enabled energy marketers hauling diesel, heating oil, and
gasoline in separate loads to use permanent gasoline (1203) placards,
rather than changing placards with each different load. However, in
2015, PHMSA revised its interpretation of this provision, limiting the
lowest flash point placarding option only to split loads—where at least
one compartment contains gasoline.
EMA successfully worked with Congress to address this issue, resulting
in a directive for PHMSA to initiate rulemaking to clarify the flash
point exception. In response, PHMSA proposed applying the exception to
both split and alternating straight loads. The proposal currently covers
gasoline, diesel, heating oil, and E10, and applies to transportation
occurring during the previous or current business day. EMA expressed
support for this interpretation, viewing it as both legally required and
sound public policy.
However, PHMSA’s proposal does not include E15 blends in the flash point
placarding exception. EMA explained in its comments the need for PHMSA
to align its regulatory approach with evolving fuel policies and market
realities involving E15 blends. EMA urged the agency to extend the
lowest flash point placarding exception to include compartmented cargo
tanks transporting split loads containing gasoline-alcohol blends with
up to 15% ethanol. “EMA is optimistic that our longstanding advocacy
efforts on this issue will provide necessary relief for fuel
transportation,” said EMA President Rob Underwood. “Hopefully, PHMSA
will expeditiously finalize the rulemaking, making the applicability of
the flash point exception as broad as safely possible.”
EMA PAC Silent Auction Has New Additions!
EMA Small Business Committee (SBC) PAC Co-Chairs Mike Downs and Tim Keigher would like to thank Philip Chamblee and the Mississippi Marketers & Convenience Store Association for donating an Allison Avery jewelry set.
Allison Avery wants her pieces to empower women, and she states that jewelry should be exciting and make you shine like the Goddess you are!
This Magic Tennis Chain and Bracelet set are crafted from 18K
gold-plated sterling silver for an elevated look and long-lasting shine.
Delicate CZ stones are set along the 15" length chain for a luxurious
sparkle. An extender of 3" allows for an adjustable fit.
From teenagers to golden agers any lady would love to show off an
Allison Avery necklace and bracelet set.
The Auction will take place in conjunction with EMA’s Washington Conference May 14-16. Auction bidding will begin April 14 and will close during the conference on May 16 at 9:00 am. The auction items will be displayed at the Welcome Reception on May 14. Last year, there was tremendous support in auction contributions and PAC Co-Chairs Mike Downs and Tim Keigher urge your participation this year as well!
If you have items that you would like to contribute to the EMA SBC PAC Silent Auction or the MDF Fall Auction, please click here or contact Sabrina Pitcher at 703-351-8000.
April 2025 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 April 1-30, 2025 time frame:
Alabama: Michael Anderson
Arkansas: Aaron Littlefield
Connecticut: Michael Fields
Idaho: Brett Adams, Derek Brewer, Ed Croymans, Sabrina Pitcher, Jake Searle, Kristal Searle
Illinois: Illinois Fuel & Retail Association PAC
Indiana: William Herdrich
Iowa: John Maynes
Kentucky: Alexander Fassas
Mississippi: Benjamin Van Cleave, W. W. Gresham III
Missouri: Christopher Patterson
Nebraska: Tim Keigher
NECSEMA: Thomas Frawley
Pennsylvania: Christopher Walton
South Carolina: Sam Bell
Tennessee: Randy Byers, Cole Carruthers, Karen Gale, Blair Hoelscher
Texas: Paul Hardin
Utah: Roy Hall, Benjamin Roberts
Virginia: Robert Claytor, James Emmart, Ryan Gray, Richard Koontz Jr., K. Wayne Mears, Susan Milby, William Murphy, Michael O’Connor, James Ridenour Jr., William Russell, Douglas Shonk, David Sutton Jr., W. Stratford Ward Jr.
5 ways Trump reshaped energy and environment policy in his first 100 days |yahoo!news
Trump 100 days: Energy and Environment | AP News
EMA-Worldpay Partnership Reduces Card Processing Fees
EMA and Worldpay have partnered over the years to bring energy marketers the lowest possible transaction cost in the industry. Participants in this program enjoy reduced fees as a result of processing efficiencies. With no hidden fees, percentage rates or complicated statements, the program offers EMA members a flat $0.029 cent transaction fee after interchange on all card payments.
Worldpay provides leading payments processing services across multiple industry verticals. Utilizing traditional point-of-sale technologies to mobile devices, customers can accept payments anytime, anywhere. From transaction capturing and processing to merchant acquiring, Worldpay provides insightful expertise, seamless delivery, and valued relationships.
To learn how Worldpay can serve your payment card processing needs or to set up your account, please call our EMA Account Sales Representative, Erick Wilde or 813-600-0447.
Federated Insurance: It’s Your Life
Why Is Knowing Your Business Value So Important?
Understanding the value of your business is essential for strategic planning, decision-making, and business succession. Yet, a recent survey found that 98% of businesses didn’t know the value of their companies.
The Benefits of Common Valuation Methods
Knowing your business’ value can help in several ways. It allows you to prepare for the future, helps ensure fair business value, and can prevent potential disputes and conflicts. However, getting a formal valuation can be expensive and time-consuming. Instead, it might be worth considering common approaches to calculating value, such as:
Book Value: Looks at net worth based on assets and liabilities
Adjusted Book Value: Incorporates current market values into the equation
EBITDA (Earnings Before Interest, Taxes, Depreciation, and Amortization): Focuses on your business’ profitability
Sales Multiplier: Compares your revenue to similar businesses
Asset-Based Valuation: Considers both tangible and intangible assets
Market Comparisons: Shows comparisons to how similar businesses are valued
A Smart Way to Estimate Value
Federated Insurance® offers a solution: the Value EstimatorSM tool. This helps to estimate your business’ worth without the high cost or time commitment of formal valuations. Using three to five years of financial data, the tool applies multiple value methods to provide an informal estimate. This can help provide financial insights to help make informed decisions for your business’ future.
To learn more about the importance of business valuation, and how the Value Estimator tool can help you, please contact your Federated regional representative or EMA’s National Account Executive Jack West at 262.719.7750 for a referral from Federated’s network of independent business succession and estate planning. 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 another other offer of insurance or legal, financial, tax, or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all losses. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. This information is current as of its publication date and is subject to change. Some of the services referenced herein are provided by third parties wholly independent of Federated. Federated provides access to these services with the understanding that neither Federated nor its employees provide legal or other expert advice. All products and services not available in all states. Qualified counsel should be sought with questions specific to your circumstances. All rights reserved.