This week’s most significant legislative activity was House passage of the National Defense Authorization Act (NDAA) for Fiscal Year 2026. The NDAA, which is expected to pass the Senate next week, will be the final major legislative package that Congress will advance in 2025. However, discussions on critical legislation that must be addressed in early 2026 – such as healthcare reform and government funding – have dominated headlines across the Capitol.
On Wednesday the FIRE Act (H.R.6387) was forwarded to full Committee with a vote of 13-10 out of House Committee on Energy and Commerce Subcommittee on Environment. The FIRE Act introduced by Rep. Gabe Evans (R-CO) would amend the Clean Air Act to require revisions to regulations governing the review and handling of air quality monitoring data influenced by exceptional events or actions to mitigate wildfire risk. Specifically, this bill would prevent the EPA from counting emissions emitted from natural disasters (wildfires). Right now, the state of Colorado and some other states are being penalized for fires outside of their control. For example, these wildfire emissions are forcing the Denver area into non-attainment status and thereby mandating reformulated gasoline that costs more to produce compared to conventional gasoline.
Sen. Marsha Balckburn (R-TN) has introduced the Consumer Relief and Opportunities for Producers Act (CROP Act) (S. 3297). This bill would temporarily reinstate the $1 per gallon '40A' Biodiesel Blenders' Tax Credit for six months through May 31, 2026. Taxpayers would be able to choose between claiming the Biodiesel Tax Credit or the '45Z' Clean Fuel Production Credit. It has been three years since the legislation was first enacted, and the industry continues to await proposed regulations from Treasury implementing the '45Z' biofuel production credit. This delay has created complexity, revisions, and uncertainty. Industry quickly applauded Senator Blackburn’s efforts stating that renewing the Biodiesel Blenders' Tax Credit would help bring down the price of diesel in many markets throughout the country.
EMA Files Objections to Proposed Swipe Fee Settlement
Yesterday, EMA filed its objections to a newly proposed settlement of a swipe fee case brought by a merchant class that accepted Visa or Mastercard credit cards between December 18, 2020 and the present. A federal court in New York rejected an earlier version of the settlement, and EMA views the new one now before the court as equally bad for merchants.
The thrust of EMA’s objections is that the latest version of the settlement provides only a temporary and unworkable solution to the problems caused by excessive interchange fees, while permanently restricting merchants' legal rights. The fee reduction of a tenth of a percent is negligible, and the 1.25% cap on interchange fees is only temporary and can easily be manipulated by the card companies that raise the network and other fees they collect. Visa and Mastercard would also retain centralized control over interchange fees and restrictive acceptance rules.
While the settlement would allow merchants to decline rewards cards, the card companies could add rewards to all their cards (even small and insignificant ones), which would make the right to decline rewards cards meaningless. And in return for these so-called "benefits," merchants would have to give up all their rights to sue Visa and Mastercard.
EMA also believes that even a bad settlement would be touted by Visa and Mastercard as a major achievement that they could use to kill the Credit Card Competition Act (CCCA) now pending in Congress. EMA has worked hard to support the CCCA as representing a real reform of the system and a significant step forward for its retailer-members.
EMA Secures Win as PHMSA Halts Proposed Hazmat Registration Increases
PHMSA has officially withdrawn its proposal to raise annual hazardous materials registration fees—a significant win for energy marketers and a direct result of EMA’s sustained advocacy.
The proposal would have increased yearly HAZMAT registration costs for cargo tank operators. While PHMSA argued the increases were needed to meet higher statutory funding targets for the Hazardous Materials Emergency Preparedness grant program, EMA consistently emphasized the disproportionate impact on fuel marketers already facing elevated operating costs and regulatory pressure.
“EMA’s comments, outreach, and coordinated engagement with federal officials played a key role in demonstrating that the proposed fee hikes were unnecessary, burdensome, and poorly timed for an industry critical to energy supply and emergency response,” said EMA President Rob Underwood.
With PHMSA’s withdrawal of the rule, current registration fees remain in place—preserving cost stability for fuel distributors and cargo tank operators nationwide.
FMCSA Plans to Tighten ELD Process
The Federal Motor Carrier Safety Administration (FMCSA) plans to tighten its approval process for electronic logging devices (ELDs). The agency intends to replace the current manufacturer self-certification model with a more rigorous, agency-driven review to ensure only fully compliant devices remain on the federal ELD list.
FMCSA’s goal is to improve the accuracy of hours-of-service (HOS) data and prevent recurring disruptions caused by faulty or revoked devices reentering the market. The new system will introduce heightened technical verification, enhanced fraud detection, and a tiered approval structure.
Carriers that continue using an ELD after it is flagged or removed could face allegations of violating FMCSA regulations under 49 CFR Section 395.22. Thus, fuel distributors should pay close attention to these changes. Proactive monitoring of device status and maintaining documentation of good-faith reliance on FMCSA’s approved list will help avoid unexpected route disruptions, protect against liability, and ensure continuity in time-sensitive fuel transport. Regular monitoring of FMCSA’s approved and revoked lists will be essential for HOS compliance.
FMCSA has not yet announced when the new vetting system will take effect, but the shift toward tighter oversight is already underway.
Learn more here.
November 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 November 1-30, 2025 time frame:
Alabama: Kris Pierce
Arkansas: Ethan Blackmon, Albert Heringer IV
Illinois: Illinois Fuel & Retail Association PAC
Indiana: Cathy Melton
Michigan: James Linton
NECSEMA: Peter Brennan
North Carolina: Vann Clark, Thomas Davis, Larry Jordan, William McKibbin, Michael Lin Rice, Jerry Sparks Sr., Kenneth Smith, Larry Stancil
Oklahoma: Alex Williams, Kyle Williams
Utah: John Hill
November 2025 Contributors to EMA MDF
EMA’s Marketer Defense Fund (MDF) committee wants to thank the following individuals for their MDF contributions during the November 1-30, 2025 timeframe:
Kansas:
Brian Posler, Fuel True Independent Energy & Convenience
Virginia:
Mike O’Connor, Virginia Petroleum & Convenience Marketers
Association
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.
Fuel demand increasing in Midwest states | Landline.Media
No Hurricanes Strike USA For 1st Time in a Decade | Rigzone
Federated Insurance: It’s Your Life
Why is Succession Planning Important for Family
Businesses?
Family-owned businesses are a vital part of the American economy. These businesses employ nearly 46% of the U.S. workforce, totaling over 59 million employees.1 Despite their economic impact and deep community roots, many family businesses face a silent threat: lack of succession planning.
Succession planning is a critical yet often overlooked element of long-term business sustainability. Recent studies reveal the following:
Nearly two-thirds of family businesses don’t have a documented succession plan.2
Only 30% survive into the second generation, 12% into the third, and just 3% make it to the fourth.3
Around 70% of small businesses listed for sale never find a buyer, often leading to closure.4
The cost of doing nothing is steep — not just financially, but emotionally and culturally. Without a clear plan, transitions can lead to:
Internal family conflict.
Loss of legacy and community trust.
Business disruption or failure.
Succession planning isn’t only about naming a successor. It’s about preserving the values, relationships, and stability that make family businesses unique. Whether through preparing the next generation, exploring employee ownership, or planning for a sale, there are options to ensure a smooth transition to the next generation.
Talk to your Federated Insurance® marketing representative to assist in connecting with an independent attorney who specializes in business succession planning 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®
This article is for general information and risk prevention only and should not be considered an 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 are not available in all states. Qualified counsel should be sought with questions specific to your circumstances. All rights reserved.
EMA Member Services Spotlight Featuring:
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Restrictions may apply.
EMA Journal Fall Issue Online Now
EMA Fall Journal is the current issue online.
You can take the
digital edition with you wherever you go. Scroll to select the
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and connect with each other. For information on marketing to our
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Ads for Spring 2026 (Chair Profile) are due by January 5, 2026
to be delivered in March 2026.