Energy Marketers of America - EMA

08/18/2026

Energy Marketers of America - EMA applauds Bernie Moreno (R-OH), Senator Cynthia Lummis (R-WY), and Angus King (I-ME) for joining as cosponsors of the Credit Card Competition Act (S. 3623). Support from Sen. Moreno and Sen. Lummis matters because they sit on the United States Senate Committee on Banking, Housing, and Urban Affairs, which has jurisdiction over the legislation. The Trump-backed bill increases competition in the credit card processing market by giving consumers a choice in how their credit card purchases are processed.

08/10/2026

🚨 Regulatory Alert: PRESIDENT EXTENDS JONES ACT WAIVER 90 DAYS 🚨

President Trump today extended the Jones Act waiver for an additional 90 days, August 17, providing continued shipping flexibility for foreign ships transporting oil, energy products, and agricultural commodities to U.S. ports. The new waiver takes effect August 17 and follows the Administration’s previous 90-day extension issued in April.

The Jones Act generally requires cargo moving by water between U.S. ports to be transported on vessels that are U.S.-built, U.S.-owned, U.S.-flagged and crewed by American workers. The temporary waiver allows qualifying foreign-flagged vessels to participate in domestic movements, increasing available shipping capacity and providing additional options for moving fuel between regions of the country.

The latest extension is narrower than the existing waiver issued in April.

Click here to learn more about the 90 Day extension. https://www.energymarketersofamerica.org/regulatoryreport/archives/2026/rr_08_10_26.html

07/30/2026

🚨 Mastercard Temporarily Pauses ENDS-Related Assessments Following Coalition Letter, July 29, 2026🚨

Today, Mastercard has temporarily suspended assessments against certain retailers cited for ENDS-related compliance issues while affected merchants implement remediation plans. The card network’s action follows a July 22, 2026 coalition letter from Energy Marketers of America and allied trade associations, challenging Mastercard's interpretation of U.S. Food and Drug Administration policy.

Background

Recently, Mastercard issued substantial fines to retailers selling v**e/e-cigarette/Electronic Ni****ne Delivery Systems (ENDS) products not appearing on FDA's list of 45 marketing-authorized products. Mastercard’s actions appear to have followed April 2026 letters from a group of State Attorneys General, urging the payment card networks to assist in curbing sales of illicit e-cigarettes.

EMA joined the National Association of To***co Outlets, NACS, and the Convenience Distribution Association in a July 22, 2026 letter to Mastercard General Counsel Tiffany M. Hall. The coalition expressed support for efforts to stop illicit v**e sales but objected that Mastercard's enforcement is based on the incorrect premise that every ENDS product lacking FDA premarket authorization is subject to FDA enforcement.

The coalition letter cited FDA's May 8, 2026 guidance, Enforcement Priorities for Certain New To***co Products Marketed Without Premarket Authorization. FDA explained that, because it lacks the resources to pursue every unauthorized ENDS product, it generally does not intend to prioritize enforcement against products covered by accepted and filed Premarket To***co Product Applications (PMTAs) (or certain pending supplemental PMTAs), provided specified criteria are met. The guidance does not apply to products presenting heightened public-health concerns or those with features appealing to minors.

The coalition asked Mastercard to revise its policy to confirm that products marketed consistent with the FDA’s May 8 guidance, and in compliance with applicable state and local restrictions, may be sold at retail pending a final FDA determination on the particular PMTA at issue.

What This Means for EMA Marketers

Although Mastercard has paused assessments, it has not yet indicated that it will adopt the compliance standard reflected in FDA’s May 8, 2026 enforcement guidance. EMA and the coalition continue to maintain that this guidance permits the retail sale of certain products with pending PMTAs notwithstanding the absence of a marketing authorization.

To read MasterCard's response and to learn more, visit

Thursday, July 30, 2026 –  Mastercard has temporarily suspended assessments against certain retailers cited for ENDS-related compliance issues while affected merchants implement remediation plans. The card network’s action follows a July 22, 2026 coalition letter from EMA and allied trade assoc...

07/16/2026

🚨 Regulatory Alert: EPA Proposes Major Changes to DEF “Derates”🚨

The U.S. Environmental Protection Agency (EPA) has proposed substantial changes to the way diesel engines respond when they detect low diesel exhaust fluid (DEF), poor-quality DEF, or possible tampering with selective catalytic reduction (SCR) systems.

The DEF provisions are part of a much broader EPA proposal addressing model year 2027 and later heavy-duty diesel-engine emissions requirements. The larger rulemaking would revise emission-related warranty periods, delay certain extended useful-life requirements, authorize nonconformance penalties for some medium- and heavy-heavy-duty engines, amend testing and diagnostic provisions, and revise requirements for SCR-equipped highway and nonroad engines. EPA is not proposing to repeal the underlying model year 2027 nitrogen-oxide and particulate-matter standards.

Current SCR systems commonly use “inducements” or “deratements” — progressive reductions in engine power or vehicle speed — to compel operators to refill the DEF tank or correct an emissions-system problem. EPA acknowledges that derates have caused operational and safety problems for truckers, farmers, motorcoach operators and other diesel-equipment users. Defective sensors, corroded wiring and diagnostic errors can trigger derates even when the operator has used proper DEF and has not tampered with the system.

Under the Agency’s proposal, original equipment manufacturers generally would replace DEF-related engine and speed derates with visible and audible warnings. For a low-DEF level, a 90-second alarm would begin approximately three hours before the tank is empty (or when the tank reaches 2.5 percent full), repeat 30 and 60 minutes after the tank runs empty, and then repeat hourly. Poor DEF quality or suspected tampering would trigger a separate, less frequent warning. Derates would not disappear entirely, as manufacturers could still apply a derate where continued operation would damage the engine or aftertreatment system, and any optional speed reduction would have to phase in gradually — no more than one mile per hour every five minutes. EPA is seeking comment on all aspects of the proposed inducement changes, including whether the proposed warnings are sufficient.

The warning-based system would become mandatory for new engines no later than model year 2029, although manufacturers could adopt it earlier. EPA also proposes requiring engines to compensate for reasonable variations in DEF concentration and generally would not require a DEF-quality warning unless urea concentration falls below 20 percent, compared with the normal 32.5 percent concentration.

Click here to learn more:

Tuesday, July 7, 2026 – FMCSA has announced a temporary suspension of USDOT number inactivations for entities that have not completed required biennial updates since June 1, 2026. The suspension is intended to reduce disruption during the ongoing transition to Motus — FMCSA's new online registra...

07/15/2026

🚨 FMCSA to Propose Rule Establishing English Language Proficiency Non-Compliance as an Out-of-Service Violation🚨

Energy Marketers of America - EMA has been tracking federal developments on English Language Proficiency (ELP) requirements for commercial drivers since President Trump's Executive Order 14237 directed Federal Motor Carrier Safety Administration (FMCSA) to rescind prior guidance that had allowed a more lenient approach to enforcement. Since then, FMCSA has actively enforced the longstanding ELP qualification requirement under 49 CFR § 391.11(b)(2), which requires that CDL holders be able to read and speak English sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records. Thousands of drivers have faced scrutiny under the renewed enforcement push, with the Western and Southern regions reporting the highest number of violations.

New Rulemaking on the Horizon

FMCSA has now signaled the next step. The Administration's Unified Regulatory Agenda includes a forthcoming proposed rule that would formally examine whether English Language Proficiency non-compliance under 49 CFR § 391.11(b)(2) should be codified as an out-of-service (OOS) violation.

This is a significant development. Under the current framework, ELP deficiencies identified at roadside inspections can result in enforcement action, but there is no formal OOS designation tied to the regulation. Codifying ELP non-compliance as an OOS criterion would mean that a driver found unable to meet the proficiency standard during a roadside inspection would be immediately removed from service — prohibited from operating a commercial motor vehicle until the violation is resolved. Additionally, codification would make it more difficult for another administration to provide flexibility.

For fuel marketers and distributors who depend on a pool of qualified commercial drivers, an OOS designation carries immediate operational consequences: a driver placed out of service cannot complete a delivery, which can disrupt fuel supply chains, increase costs, and create scheduling and coverage challenges across a fleet.

EMA Requests Input

Fuel distribution operations are driver-dependent, and the CDL driver shortage is already a significant operational challenge for many EMA members. An OOS designation for ELP non-compliance would add a new enforcement risk dimension to every roadside inspection, with the potential to pull drivers off the road mid-route. The impact could be particularly acute in regions with higher concentrations of non-native English-speaking drivers or where carriers rely on drivers with varying degrees of English proficiency.

EMA is monitoring this rulemaking closely. To learn more, visit

Tuesday, July 7, 2026 – FMCSA has announced a temporary suspension of USDOT number inactivations for entities that have not completed required biennial updates since June 1, 2026. The suspension is intended to reduce disruption during the ongoing transition to Motus — FMCSA's new online registra...

07/08/2026

FMCSA Temporarily Suspends DOT Inactivations During Motus Transition

FMCSA has announced a temporary suspension of USDOT number inactivations for entities that have not completed required biennial updates since June 1, 2026. The suspension is intended to reduce disruption during the ongoing transition to Motus — FMCSA's new online registration system that launched May 19. This measure is intended to give registrants additional time to complete biennial updates without risk of inactivation due to Motus-related access or system issues.

EMA has been actively engaged on this issue. At the request of several state executives who reported significant confusion surrounding the Motus transition process, EMA has asked FMCSA to provide clearer guidance and relief for affected registrants. FMCSA has indicated that additional guidance will be forthcoming as recovery and stabilization efforts continue.

EMA marketers experiencing registration issues or requiring immediate assistance should submit an inquiry via the agency's webform at ask.fmcsa.dot.gov/app/ticket.

For more information, visit: https://www.energymarketersofamerica.org/regulatoryreport/archives/2026/rr_07_07_26.html

Monday, May 11, 2026 – 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. EMA members holdin...

06/18/2026

EMA's Fall Meeting at the NACS Show 2026: October 5-6: Website and Registration Open!
Wednesday, June 17, 2026 – Get ready for an exciting and productive EMA Fall Meeting, held alongside the NACS Show! Connect with industry leaders, gain valuable insights, and celebrate excellence at the Wynn Las Vegas!

Event Highlights:

Oct 5, Afternoon: Kick off with a New Attendee Orientation & Federal Legislative Update to get up to speed on key issues.
Oct 5, Evening: Join the EMA/NACS Reception Salute to State Association Executives at the Wynn/Encore Chopin Patio sponsored by Altria and PMI.
Oct 6 Morning: Start your day with a Buffet Breakfast, followed by Region and Committee Meetings to collaborate and strategize.
Oct 6, Afternoon: Celebrate at the Distinguished Service Award Luncheon, honoring former Kentucky/Ohio Marketer and EMA Past Chair Jeff Lykins, proudly sponsored by Federated Insurance. The EMA Board of Directors Meeting will follow.
Register now in the link below and be part of the EMA Fall Meeting at the NACS Show. We look forward to seeing you in Las Vegas! For more details, visit the website.

https://web.cvent.com/event/d41ba768-b621-4339-9d0d-effa085ee522/summary

An invitation was sent to your inbox earlier today. Responding to the links in the invitation email is the recommended way to register.

Remember, the NACS Show registration is separate from EMA's Fall Meeting registration.

Special EMA Members Code for NACS Show 2026 Registration

Using the EMANS2026 code provides EMA with $100 for every paid registration by a retailer or marketer, at any rate. EMA encourages EMA state execs to promote and share with their state association's member companies.

**Please note that EMA State Execs are comped for NACS Show registration. Additionally, the NACS Show registration is separate from EMA's Fall Meeting registration.

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

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

Secure .gov websites use HTTPS A lock () or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.