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SIGMA Issues Book (July 2019)

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SIGMA Issues Book (July 2019) ISSUES BRIEFING BOOK PREPARED IN ANTICIPATION OF THE July 16, 2019 SUMMER LEGISLATIVE CONFERENCE July 9, 2019 Prepared by: Steptoe & Johnson LLP 1330 Connecticut Avenue, N.W. Washington, D.C. 20036 (202) 429-3000 Table of Contents I. Renewable Fuels Standard: Renewable Volume Obligations and Point of Obligation ... 6 II. E15 and Higher Ethanol Blends ..................................................................................... 12 III. Mobile Fueling of Individual Consumers ...................................................................... 17 IV. Automatic Temperature Compensation Efforts ............................................................. 18 V. EPA Underground Storage Tank Regulations ............................................................... 19 VI. National Ambient Air Quality Standards – Ozone ........................................................ 22 VII. EPA Definition of “Waters of the United States” .......................................................... 25 VIII. Climate Change .............................................................................................................. 27 IX. Corporate Average Fuel Economy (CAFE) and Greenhouse Gas (GHG) Standards ... 30 X. Electric Vehicles ............................................................................................................ 31 XI. Credit and Debit Card Swipe Fees ................................................................................. 35 XII. Payments Security and EMV ......................................................................................... 38 XIII. Data Breach Security and Privacy ................................................................................. 40 XIV. NCWM Skimmer Proposal ............................................................................................ 42 XV. Tax Matters .................................................................................................................... 44 XVI. Funding of the Highway Program.................................................................................. 49 XVII. Rest Area Commercialization ........................................................................................ 50 XVIII. Tolling ............................................................................................................................ 51 XIX. Revisions to Rules Governing Overtime Pay ................................................................ 54 XX. The Joint Employer Standard - Efforts to Reform the Franchisor-Franchisee Relationship .................................................................................................................................. 56 XXI. Trucker Hours of Service Rules ..................................................................................... 59 XXII. Comprehensive Healthcare Reform ............................................................................... 60 XXIII. Americans with Disabilities Act .................................................................................... 64 XXIV. FDA Regulation of Tobacco .......................................................................................... 67 XXV. E-Cigarettes.................................................................................................................... 69 XXVI. SNAP / Food Stamps ..................................................................................................... 71 XXVII. Legalization of Marijuana .............................................................................................. 74 XXVIII. Menu Labeling ............................................................................................................... 76 XXIX. Internet Lotteries ............................................................................................................ 77 XXX. Patent Troll Legislation.................................................................................................. 77 XXXI. EPA Proposed Regulation on Refrigerants and Insulation ............................................ 78 XXXII. Genetically Modified Organisms (GMO) Labeling ....................................................... 79 Acronym List ADA Americans with Disabilities Act ALJ Administrative Law Judge AMT Alternative Minimum Tax AMA American Medical Association Amex American Express ANPRM Advance Notice of Proposed Rulemaking API American Petroleum Institute ATC Automatic Temperature Compensation CAA Clean Air Act CAFE Corporate Average Fuel Economy CNG Compressed Natural Gas CTMV Cargo Tank Motor Vehicle CTP Centers for Tobacco Products CWA Clean Water Act DAB Departmental Appeals Board DGE Diesel Gallon Equivalent DOJ Department of Justice DOL Department of Labor DOT Department of Transportation DPU Department of Public Utilities EBT Electronic Benefit Transfer EEOC Equal Employment Opportunity Commission EISA Energy Independence and Security Act EMV Europay, MasterCard, Visa EPA Environmental Protection Agency EPA-SNAP Significant New Alternative Policy EV Electric Vehicle FDA Food and Drug Administration FFV Flex-Fuel Vehicle FMCSA Federal Motor Carrier Safety Administration FNS Food and Nutrition Service FOIA Freedom of Information Act FRA Federal Railroad Administration FTC Federal Trade Commission FTE Full-Time Equivalents GAO Government Accountability Office GDF Gasoline Dispensing Facilities GGE Gasoline Gallon Equivalent GMO Genetically Modified Organisms GND Green New Deal HFC Hydrofluorocarbon HHFT High-Hazard Flammable Trains HHFUT High-Hazard Flammable Unit Train HRA Health Reimbursement Arrangements HTF Highway Trust Fund IBTTA International Bridge, Tunnel and Turnpike Association 3 LIFO Last-In, First-Out LNG Liquefied Natural Gas LUST Leaking Underground Storage Tank MTBE Methyl Tertiary-Butyl Ether MPC Merchants Payments Coalition NAAQS National Ambient Air Quality Standards NACS National Association of Convenience Stores NCWM National Conference on Weights and Measures NLRA National Labor Relations Act NLRB National Labor Relations Board NRF National Retail Federation NTSB National Transportation Safety Board ODS Ozone-Depleting Substances OMB Office of Management and Budget OPEC Organization of the Petroleum Exporting Countries ORVR Onboard Refueling Vapor Recovery OTR Ozone Transport Region PCI Payment Card Industry PHMSA Pipeline and Hazardous Materials Administration PIR Potentially Invalid RIN PPACA Patient Protection and Affordable Care Act PTD Product Transfer Document QAP Quality Assurance Program REGS Renewable Enhancement and Growth Support RFA Renewable Fuels Association RFG Reformulated Gasoline RFS Renewable Fuel Standard RIN Renewable Identification Number RON Research Octane Number RVO Renewable Volume Obligation RVP Reid Vapor Pressure SIP State Implementation Plan SNAP Supplemental Nutrition Assistance Program SPCC Spill Prevention, Control and Countermeasures SPP Secure Payments Partnership SWDA Solid Waste Disposal Act UL Underwriters Laboratories USDA U.S. Department of Agriculture UST Underground Storage Tank VMT Vehicle Miles Traveled VOC Volatile Organic Compound WOTC Work Opportunity Tax Credit WOTUS Waters of the United States 4 FUELS, ENERGY, AND ENVIRONMENTAL MATTERS I. Renewable Fuels Matters II. E15 and Higher Ethanol Blends III. Mobile Fueling IV. Automatic Temperature Compensation Efforts V. EPA UST Regulations VI. National Ambient Air Quality Standards-Ozone VII. “Waters of the United States” (WOTUS) Rule VIII. Climate Change IX. Corporate Average Fuel Economy (CAFE) and Greenhouse Gas (GHG) Standards X. Electric Vehicles 5 I. Renewable Fuels Standard: Renewable Volume Obligations and Point of Obligation 1. Level of SIGMA Activity –– Active Lobbying – top priority issue (1) 2. SIGMA’s Interest SIGMA’s members sell approximately 80 billion gallons of motor fuel each year. The integration and regulation of renewable fuels into the motor fuels marketplace presents a number of opportunities and legal challenges for fuel marketers and retailers. As Congress and the regulatory agencies consider renewable fuels issues, it is important for them to consider SIGMA’s experience and knowledge of the marketplace. 3. Current Status The Renewable Fuel Standard (RFS) program requires the Environmental Protection Agency (EPA) to establish Renewable Volume Obligations (RVOs) each calendar year by November 30 for volumes in the following year. On July 5, 2019, EPA proposed its RVOs for 2020 (and biomass- based diesel for 2021). In the proposed rule, EPA said it would use its waiver authority to lower the volumes of cellulosic biofuels, advanced biofuels, and total renewable fuels below the statutory targets. Biomass-based diesel for 2021 was held steady at the 2020 level. EPA has also sent its so- called “reset” rule to OMB. As EPA has used its waiver authority to set renewable fuel blending targets below statutorily-mandated levels for two consecutive years, the reset rule is expected to propose to modify the cellulosic biofuel, advanced biofuel, and total renewable fuel volume targets for the years 2020-2022. The reset rule may make additional changes to the RFS program but EPA has not indicated what those changes might be. With regard to the point of obligation, some merchant refiners and others had previously petitioned EPA to change the definition of “obligated party” under the RFS program from refiners, manufacturers, and importers to the entity that owns the product immediately before it is dispensed from a terminal, the “position holder.”
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