Energy Marketers of America - EMA

05/12/2026

🚨 FMCSA Launches New Motor Carrier Registration System

Action Required Before May 14 🚨

The Federal Motor Carrier Safety Administration (FMCSA) is replacing its existing registration infrastructure with a new, centralized platform called Motus, and the current FMCSA Portal is scheduled to go dark permanently on May 14, 2026, at 8:00 PM EDT. Energy Marketers of America - EMA members holding a USDOT number must take action now to avoid being locked out of or delayed in accessing the new system.

Motus, from the Latin word for "movement," will serve as the single destination for all FMCSA registration activities, consolidating functions currently spread across the FMCSA Portal, the Unified Registration System (URS), and other legacy tools. Motor carriers, freight brokers, surface freight forwarders, cargo tank facilities, and other regulated entities will use Motus to apply for operating authority, maintain USDOT registrations, complete biennial updates, and manage financial responsibility filings.

To learn what this means for Energy Marketers of America members, click here:

Tuesday, April 14, 2026 – EPA issued a new letter yesterday to the nation’s governors, setting forth supplements to the fuel waiver announced by the Agency on March 25, 2026, under Clean Air Act section 211(c)(4)(C)(ii)(I). In the yesterday’s letter, EPA makes two regulatory clarifications and...

05/06/2026

🚨 Securing Automatic Tank Gauge Systems -- Courtesy of Federated Insurance

Federated Insurance’s Association Risk Management Services team is actively monitoring the recent cybersecurity activity targeting Automatic Tank Gauge (ATG) systems, and we want to ensure your members have timely, practical guidance to reduce risk and prevent disruption.

As part of Federated’s ongoing commitment to your association and its members, and in response to this emerging threat, Federated partnered with our cyber expert, Hartford Steam Boiler (HSB), to quickly develop practical, best‑practice risk management guidance tailored specifically to ATG systems.

Why this matters to your members

ATG systems are increasingly network‑connected and are being actively targeted

Many incidents stem from default passwords, a lack of network isolation, and exposed internet access

Organizations with ATG deficiencies often have broader vulnerabilities across other operational systems

Click here to learn more about the guidance from Federated Insurance:

Tuesday, April 21, 2026 – The Energy Marketers of America (EMA) proudly announces that Jeff Lykins, past EMA Chairman and a widely respected leader in the energy distribution industry, has been selected as the recipient of the 2026 Distinguished Service Award (DSA)—EMA’s highest individual hon...

04/30/2026

🚨 Update to Cybersecurity Advisory: DOE Threat Memo on Nationwide Cyberattacks Targeting Automatic Tank Gauges (ATGs)

In a follow-up to cyberattacks on automatic tank gauges (ATG), the U.S. Department of Energy (DOE) has developed a threat memo and asked that we share it with marketers to help prevent further successful attacks.

The Energy Marketers of America - EMA was first alerted to the attacks by the Tennessee Fuel & Convenience Store Association (TFCA) earlier this month. EMA and TFCA subsequently worked with DOE Cybersecurity, Energy Security and Emergency Response (CESER), and DHS Cybersecurity and Infrastructure Security Agency (CISA) to coordinate mitigation efforts and communication. The ETAC Threat Memo is the DOE follow-up on the reports.

These incidents exploit very basic cybersecurity deficiencies, and organizations with this problem may also have vulnerabilities in other systems/equipment.

Click here for the DOE Energy Threat Analysis Center (ETAC) Threat Memo on ATG Manipulation by Malicious Cyber Threats.https://www.energymarketersofamerica.org/ema_today/attachments/ETAC_Memo_on_ATG_Manipulation.pdf

Click here for no-cost cybersecurity tools. https://www.cisa.gov/resources-tools/resources/no-cost-cybersecurity-services-and-tools

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04/30/2026

🚨EPA Region 6 Initiates SPCC Enforcement Sweep🚨

Energy Marketers of America - EMA has learned that the U.S. Environmental Protection Agency (EPA) Region 6 has launched a coordinated enforcement sweep targeting Spill Prevention, Control, and Countermeasure (SPCC) compliance at oil-handling facilities across Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. The initiative involves announced and unannounced inspections, document requests under the Clean Water Act, and accelerated civil penalty referrals. Petroleum marketers with facilities subject to SPCC anywhere in EPA Region 6 should expect heightened scrutiny in the coming weeks and months.

The sweep is understood to be EPA’s response to public criticism following the August 2025 explosion and fire at the Smitty’s Supply facility in Roseland, Louisiana. That incident, which prompted evacuations and caused significant surface-water impacts, has focused attention on perceived gaps in federal oversight of bulk petroleum storage operations. Subsequent EPA RCRA findings, DOJ civil litigation, and an active EPA/FBI criminal investigation have made the Smitty’s matter a touchstone for more aggressive SPCC enforcement. Although Smitty’s is a lubricant blender, EPA Region 6 inspectors are expected to apply the same heightened posture to all above-ground oil storage facilities within the Region—including fuel terminals and bulk plants to demonstrate that agency oversight is, in fact, robust.

Petroleum marketers operate precisely the type of facilities EPA Region 6 is prioritizing: bulk fuel terminals, jobber bulk plants, loading and unloading racks, transport-truck staging areas, and commercial fueling locations with above-ground storage. SPCC penalties are assessed per day, per violation, with statutory maximums currently exceeding $66,000 per day. EPA inspectors will be looking for a current SPCC Plan, Professional Engineer (PE) certification where required, secondary containment sufficient to hold the largest single container plus precipitation, integrity testing records, employee training documentation, loading/unloading area protections, and timely Plan amendments following facility changes.

Members should also be aware that an SPCC inspection can readily expand into adjacent regulatory areas—UST compliance, Facility Response Plan obligations, EPCRA Tier II reporting, and stormwater permitting—particularly if inspectors observe conditions inconsistent with the facility’s current paperwork.

Here's the link to learn more, along with EMA's Recommended Member Action Steps.

Tuesday, April 14, 2026 – EPA issued a new letter yesterday to the nation’s governors, setting forth supplements to the fuel waiver announced by the Agency on March 25, 2026, under Clean Air Act section 211(c)(4)(C)(ii)(I). In the yesterday’s letter, EPA makes two regulatory clarifications and...

04/28/2026

🚨 Rep. Mike Carey (R-OH) introduced the “Biodiesel Tax Credit Extension Act of 2026,” bipartisan legislation to restore the Section 40A biodiesel blenders’ tax credit at $1 per gallon through December 31, 2029. Under the bill, eligible taxpayers could choose to claim either the restored blenders’ credit or the 45Z Clean Fuel Production Credit, whichever best aligns with their business model. The measure would not apply retroactively.

Energy Marketers of America - EMA strongly supports the legislation, emphasizing its role in lowering fuel costs for consumers while accelerating the deployment of cleaner-burning, renewable fuels across the country.

EMA urges Congress to act swiftly to pass the Biodiesel Tax Credit Extension Act of 2026, underscoring the importance of policy certainty to sustain domestic renewable fuel production, support small businesses, and deliver tangible savings to American consumers.

Click here for information about the biodiesel tax credit and EMA's support for it.

  Sponsored by: Colonial Pipeline Company       Sherri Stone Rob Underwood   Bipartisan Bill Introduced to Restore Biodiesel Blenders’ Tax Credit   Washington, D.C. – April 28, 2026 – Rep. Mike Carey (R-OH) introduced the “Biodiesel Tax Credit Extension Act of 2026,” bipartisan legis...

04/23/2026

🚨 The Energy Marketers of America (EMA) proudly announces that eff Lykins, past EMA Chairman and a widely respected leader in the energy distribution industry, has been selected as the recipient of the 2026 Distinguished Service Award (DSA)—EMA’s highest individual honor.

“I’m deeply honored to receive this award,” said Lykins. “After a lifetime of work serving in energy marketing, I couldn’t be more thrilled to be recognized by my peers for helping to make a difference in our industry.”

EMA President Rob Underwood describes Jeff as a respected and effective leader who is highly deserving of this award.

“Jeff grew up in a marketer family and understands this business at every level,” said Underwood. “He succeeded in expanding the Lykins business in wholesale, retail, and heating oil—and contributed significantly to the creation of the National Oilheat Research Alliance (NORA), as well as serving with distinction as EMA Chairman.”

Jeff Lykins served as President and CEO of Lykins Energy Solutions, a third-generation family company founded in 1948. Headquartered in Milford, Ohio, Lykins employed more than 500 people, generated over $1 billion in annual sales, and supplied over 160 independent dealers. The company marketed Marathon, BP, Shell, and Gulf and offered branded and wholesale fuels, petroleum transportation, home heating oil, propane, lubricants, commercial fleet fueling, card locks, wet hosing, pipeline sales, electricity, and natural gas—serving customers across 15 states and more than 25,000 residential accounts.

For more information about Jeff Lykins, click here: https://lnkd.in/eEtHP_Qy

04/14/2026

🚨 Urgent Cybersecurity Advisory: Nationwide Cyberattacks Targeting Automatic Tank Gauges (ATGs)

Energy Marketers of America - EMA 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 of its tanks 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.

Click here to learn more about the cyberattack and recommended steps to take immediately in light of the threat.

Friday, February 20, 2026 – Today, the U.S. Supreme Court issued its decision on tariffs imposed under the International Emergency Economic Powers Act (IEEPA). While many energy imports were originally exempted from the tariffs invalidated today by the Court, there are practical effects for crude ...

04/14/2026

🚨 EMA Regulatory Alert! The U.S. Environmental Protection Agency (EPA) issued a new letter yesterday to the nation’s governors, setting forth supplements to the fuel waiver announced by the Agency on March 25, 2026. In the letter, the 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 V***r Pressure (RVP) standard of 10 psi nationwide — eliminating the patchwork of differing state volatility requirements that would otherwise restrict fuel fungibility across distribution systems.

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.

Read the letter here:

04/06/2026

The Energy Marketers of America - EMA today submitted formal comments to the Revenue Service (IRS) on the proposed regulations implementing the Section 45Z Clean Fuel Production Credit. EMA strongly supported the Internal Revenue Service’s proposed “suitable for use” standard for determining credit eligibility and commended the agency for aligning the definition with longstanding excise-tax principles that are familiar to fuel producers, distributors, and retailers. At the same time, EMA urged the IRS to provide additional clarity by including a specific regulatory example confirming that renewable heating oil applications do not disqualify fuels from generating the Section 45Z credit. EMA further called on the IRS to maintain a broad interpretation of “qualified sales” that reflects the commercial realities of the fuels supply chain.

“EMA marketers distribute over 80 percent of all finished motor and heating fuel products into the U.S. market every day,” said Rob Underwood, President of the Energy Marketers of America. “For Section 45Z to achieve its full potential as a driver of low-carbon fuel adoption, the credit must be available across the entire supply chain—not just at the point of production. The IRS’s proposed ‘suitable for use’ standard is a smart, workable approach that promotes investment and market certainty. A simple regulatory example for renewable heating oil would eliminate any lingering doubt and ensure that this important pathway is fully recognized.”

Click here for more information and to read EMA's comments: https://www.energymarketersofamerica.org/regulatoryreport/archives/2026/rr_04_06_26.html

EMA plans to participate in the May 28, 2026, public hearing in order to finalize a practical, market-oriented guidance under Section 45Z.;

Wednesday, March 18, 2026 – Today, President Trump announced a temporary 60-day waiver of the Merchant Marine Act of 1920 (Jones Act), allowing non-U.S. flagged vessels to transport certain goods between U.S. ports. The waiver is intended to facilitate the movement of critical energy commodities a...

04/06/2026

🚨 IRS Responds to EMA: Faster Processing Promised for Federal Motor Fuel Excise Tax Claims

Late last year, energy marketers across the country began reporting renewed delays in the processing of federal motor fuel excise tax (FET) ultimate vendor claims. The claims involve sales of clear, tax-excluded diesel fuel to state and local governments. In response, the Energy Marketers of America (EMA) sent a formal letter to Acting Internal Revenue Service Commissioner Scott Bessent, highlighting the issue and urging the agency to restore timely claim processing as quickly as possible. EMA stressed that prolonged delays are putting significant strain on many small business energy marketers, potentially disrupting their day-to-day operations.

The Internal Revenue Service has now replied directly to EMA’s concerns. In its response, the IRS acknowledged that resource constraints were the primary cause of the backlog in processing Form 8849 claims. To address the problem, the agency has already begun reallocating staff from other operations to tackle the excise claim inventory and has implemented several process improvements designed to shorten processing times. Based on current claim volumes, the IRS expects to clear the backlog and return to normal processing schedules by May.

Click here to read the letter from the IRS: https://lnkd.in/eBmb5ze6

Click here to read more about the reply from the IRS and about EMA's partnership with ThinkTrade to help member companies file certain tax forms: https://lnkd.in/eDixxpqK

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