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Dear PEI Member: The 102nd annual
meeting of the National Conference on Weights & Measures (NCWM) was held
July 16-20 in Pittsburgh. Three items on the agenda had the potential to
affect PEI members and their customers. But in the end, none of the three
advanced. Here’s a quick summary.
First, a
proposal to limit the maximum allowable level of water in underground
storage tanks (USTs) to 0.25 inch will remain on the docket for further
discussion and development. The proposal seeks to address two worthy goals:
simplifying the regulatory code and reducing water in tanks. However,
retailers are concerned about the real-world cost of such a dramatic change.
Tank manufacturers, engineers and many installers also question whether
achieving such a level is even feasible. Given the divergent views on the
topic, we may or may not see a vote on the water level proposal next year.
A second item
slated for a vote at the 2017 annual meeting—this one involving dispensers—also was returned to committee for further development. The proposal would
have required that retail fuel receipts include the dispenser number in
addition to the price per gallon and number of gallons dispensed. But the
delegates in Pittsburgh concluded that the proposal’s language was confusing
and needed additional tweaking before any vote. Many delegates also
questioned the wisdom of retaining a provision that would allow retailers to
enter the dispenser number by hand.
A third
proposal sought to consolidate the complicated web of dispenser labeling
requirements for E15. The U.S. Environmental Protection Agency (EPA) and the
Federal Trade Commission (FTC) take different views on the matter. To be
specific, FTC guidelines consider E15 a flex-fuel, while the EPA classifies
the blend as gasoline. This conflict has left marketers and regulators in a
very uncomfortable position. In Pittsburgh, the American Petroleum Institute
(API) proposed an inclusive approach that attempted to harmonize the two
positions. However, most delegates considered the API plan too broad in
scope. So, for now, the E15 dispenser labeling confusion continues.
PEI NAMES
MELINDA WHITNEY DIRECTOR OF OPERATIONS
Melinda Whitney, president of the Washington,
DC-based International Liquid Terminals Association (ILTA), has accepted a
position as PEI’s director of operations. Founded in 1974, ILTA represents
nearly 500 corporate members, from owners of liquid terminals and
aboveground bulk storage tank facilities to related manufacturers, suppliers
and contractors—and including a good number of PEI members. Melinda is well
versed in association operations, membership, government relations and
education. She also speaks Spanish and helped launch several successful
Latin American programming initiatives at ILTA. Interestingly, Melinda has
deep roots in the petroleum equipment industry. Her grandfather owned
several gas stations in Wichita, Kansas, and her father began his career
building gas stations for Cities Service/CITGO. Be sure to look for and
welcome Melinda at the
2017 PEI Convention in Chicago.
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NCWM Annual Meeting
PEI Hires Director of Operations
E15 Waiver Stalls
Comments on RP400 and RP500 due Sept. 30
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SENATE
COMMITTEE SHELVES E15 WAIVER BILL
The U.S. Senate Environment and Public Works
Committee declined on July 21 to act on a bill that would have accelerated
the year-round sale of E15. The Consumer and Fuel Retailer Choice Act,
introduced in the spring by a bipartisan group of senators from several corn
states (see Mar. 14, 2017 TL), would have extended to E15 a partial waiver
on the tight summertime evaporative emission requirements imposed on the
nation’s vehicle fuel supply by the Clean Air Act.
In 1991,
Congress granted such a waiver to E10, an action that spurred the widespread
sale of E10 across the nation. However, when the EPA acted in 2011 to
approve the sale of E15 for model-year 2001 and newer vehicles, it did not
grant a summertime evaporative emission waiver to E15. Ethanol advocates say
the inability of retailers to sell E15 all year long is one of the primary
impediments to the nationwide adoption of the higher-blend fuel.
Despite this
setback, sponsors of the Consumer and Fuel Retailer Choice Act have
indicated they will continue to push for adoption of the bill after Congress
returns from its August recess.
RENEWABLE
FUEL STANDARD DEVELOPMENTS
It’s been a busy couple of weeks for the federal
Renewable Fuel Standard (RFS).
On July 21,
the EPA opened a
60-day public comment period on its
proposed 2018 volume requirements for cellulosic biofuel, advanced biofuel
and total renewable fuel, as well as 2019 requirements for biomass-based
diesel. Comments on this most recent version of the RFS will be accepted
through Aug. 31.
Exactly one
week later, on July 28, the U.S. Court of Appeals for the District of
Columbia unanimously ruled that the EPA exceeded its statutory authority
when it relied on lagging consumer demand in setting 2014, 2015 and 2016 RFS
biofuel blending requirements below the goals set by Congress. Ethanol
advocates cheered the decision. However, it is worth noting that U.S.
Circuit Judge Brett Kavanaugh, who authored the opinion, also said during
oral arguments, “I understand the difficulty EPA is in here, but the statute
doesn’t seem to give EPA the authority to fix everything that is not working
right. If this thing is totally screwed up, Congress should fix it.”
RP1200
WEBINAR AVAILABLE ONLINE
A one-hour, free webinar hosted by PEI on
PEI/RP1200-17: Recommended Practices for the Testing and Verification of
Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST
Facilities is now
available on PEI’s YouTube channel.
The EPA has
recognized the procedures in PEI/RP1200 as sufficient to meet federal
testing requirements for secondary containment, spill prevention and leak
detection. The webinar, which attracted more than 300 attendees when
presented live July 12, is designed to help state regulators and PEI members
better understand key provisions of the new document. The presenters were
Edward S. Kubinsky Jr., Crompco LLC; Michael Frank, Maryland Department of
the Environment (MDE) and Environmental Protection Agency (EPA) Region 3 UST
Task Force; Scott Boorse, Wawa Inc.; and Kevin Henderson, Kevin Henderson
Consulting. You can view the webinar at
www.pei.org/youtube.
PUBLIC
COMMENTS ON RP400 AND RP500 CLOSE SEPT. 30
The PEI committees charged with updating
PEI/RP400: Recommended Procedure for Testing Electrical Continuity of
Fuel Dispensing Hanging Hardware and PEI/RP500: Recommended Practices
for Inspection and Maintenance of Motor Fuel Dispensing Equipment will
soon begin their work. To assist in the committees’ review, PEI is
soliciting public comments on both documents. If you have suggestions for
improving these recommended practices, visit
www.pei.org/rp400 or
www.pei.org/rp500 and click the
“Comment Now” button. To be considered for the next editions, comments must
be received by Sept. 30.
DOL SEEKS
GUIDANCE ON OVERTIME RULE
The U.S. Department of Labor (DOL) issued a
formal
Request for Information July 26 on
whether and how it should revise a 2016 DOL rule raising from $23,660 to
$47,476 the threshold salary at which exempt workers are entitled to
overtime protection. Implementation of the rule, which was scheduled to go
into effect Dec. 1, 2016, was halted Nov. 22 when a federal district court
in Texas issued a nationwide injunction.
The Trump
administration has indicated it will not defend the 2016 increase. However,
in the Request for Information, the DOL seeks comments on 11 questions
including whether the existing $23,660 threshold should be updated for
inflation, vary by employer size or reflect regional cost of living
differences. The 60-day comment period ends Sept. 25, 2017.
PEI MEMBER
NEWS
Acterra Group has announced two appointments.
Bruce Urman has joined Acterra as corporate service manager, based in the
company’s Des Moines, Iowa office. Bryan Kohler has been named manager of
government services and will be based in Marion, Iowa.
Bravo Systems, Inc. celebrated the grand opening of its new
fulfillment center at 1524 S. Gage Ave in Montebello, California, with a
ribbon-cutting ceremony July 29. The new location is the third facility
operated by Bravo in southern California. The company also announced that
Daniel Summers has been named manager of the
shipping, assembly and pick/pack departments located at the fulfillment
center.
Lube-Tech & Partners LLC has acquired three Mighty Auto Parts
distribution franchises. Mighty Auto Parts is a supplier of aftermarket
products and inventory-control services to automotive professionals.
Lube-Tech & Partners, which was formed in June 2016 by Lube-Tech, Boyer
Petroleum and Moore Oil, distributes lubricants and chemicals to commercial,
automotive and industrial customers.
Northwest Pump & Equipment has purchased some of the assets and
product lines of the Portland, Oregon branch of Argo International Corp.
Argo has been a distributor of industrial pumping and fluid handling
equipment since 1952. As a part of the agreement, Northwest Pump added four
of Argo’s sales and service personnel to its staff.
Seneca Companies has named Loyd Phillips strategic account manager
for its Waste Solutions division. Phillips comes to Seneca with 20 years of
experience in the oil and gas industry, most recently as the director of
safety at Willbros Construction.
BRIEFLY
NOTED
“Emerging technologies, the rise of e-commerce and government regulations
are top of mind right now for wholesale distributors,
according to a recent report by Exact, Macola division. … Amazon's role in
the wholesale distribution chain was prominent. 92% of respondents said they
considered the e-commerce giant a competitor, although 64% also consider
Amazon as a ‘partner.’”—SupplyChainDive, July 19, 2017
“Despite the relative density of the charging network in Denmark, EV
sales are suffering under the government's gradual reinstatement of a
registration tax for EVs, which started in 2016 and will be fully
reintroduced by 2022. So far this year, only 182 EVs were sold in Denmark,
with just 17 of those to private buyers, reports Autovista Group. Compare
with the far healthier number for 2015, when 4,605 EVs were sold in
Denmark.”—FleetEurope, July 27, 2017
“Britain will ban sales of new gasoline
and diesel cars starting in 2040
as part of a bid to clean up the country's air. … ‘We can't carry on with
diesel and petrol cars,’ U.K. environment secretary Michael Gove told the
BBC on Wednesday. ‘There is no alternative to embracing new technology.’"—CNNMoney,
July 26, 2017
MEMBERSHIP APPLICATIONS
Ohio security device manufacturer. Van Lock
Company, Inc., 6834 Center Street, Cincinnati, OH 45244, has applied for
manufacturer division membership. Chris Padjen is vice president of the
firm, which was established in 1959. Van Lock manufactures locks and
security devices for dispensers, which are sold through distributors.
Sponsored for PEI membership by Chuck Storey, Storey&Son, Cincinnati, Ohio.
www.vanlock.com
Brazil tank manufacturer. ARXO Industrial Do Brasil SA, Rod. BR101,
S/N-KM 100.4, Picarras – SC, Brazil, has applied for manufacturer division
membership. Kauan Osinski de Oliveria is marketing manager for the firm,
which was established in 1967. The company manufactures jacketed tanks for
fuel storage and used oil, which are sold through distributors. Sponsored
for PEI membership by Ricardo Britto, ExcelTire, Warwick, Rhode Island.
www.arxo.com
Hardware and software compliance
management firm. Canary Compliance, 1900 Market
Street, 8th Floor, Philadelphia, PA 19103, has applied for
affiliate division membership. Jonathan Kelly is CEO of the firm, which was
established in 2011. The company provides UST compliance management with
cellular-connected hardware and intelligent software. Sponsored for PEI
membership by Edward Kubinsky, Jr., CROMPCO, Plymouth Meeting, Pennsylvania.
www.cancomply.io
Pennsylvania environmental and
engineering company. Synergy Environmental, 155
Railroad Plaza, Royersford, PA 19468, has applied for affiliate division
membership. Robert J. May is vice president of the firm, which was
established in 2003. The company is an environmental and engineering
company. Sponsored for PEI membership by Chris Andrews, MVISer, Brentwood,
Tennessee.
www.synergyenvinc.com
Michigan
imaging firm. Bazo Construction, 8747 Brandt
Street, #N101, Dearborn, MI 48126, has applied for service and construction
division membership. Tony Bazo is the owner of the firm, which was
established in 1999. The company offers complete imaging of stations
including painting, canopy and pump branding and rebranding. Sponsored for
PEI membership by Bob Patterson, TFCCanopy, Garrett, Indiana.
www.bazoinc.com
Oklahoma electrical contractor. ISO Fuel Control Systems/Patco
Electrical Services, 1301 S. Highway 81, Duncan, OK 73533, has applied for
service and construction division membership. Tara Hackney is production
manager for the firm, which was established in 1993. The company provides
electrical contracting services. Sponsored for PEI membership by Bryan
Newcomb, PetMarCo, Oklahoma City, Oklahoma.
www.isofuel.net
ADMITTED
TO PEI
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Christopher Stewart,
Wal-Mart Stores, Inc., Bentonville, Arkansas
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Christine Tims, Wal-Mart Stores, Inc., Bentonville, Arkansas
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