PMAA OPPOSES EPA "WATERS" DEFINITION
PMAA has joined with a coalition representing a broad range
of businesses, industries, and commercial interests of every
size in every part of the country to voice strong opposition
to the revised definition of “Waters of the United States”
proposed by EPA and the U.S. Army Corps of Engineers (COE).
Many petroleum marketers with bulk storage will be adversely
affected by the revised definition. At the most fundamental
level, the proposal as written represents an unjustified
expansion of Clean Water Act jurisdiction far beyond the
limits of federal regulation explicitly established by
Congress and affirmed by the courts. The proposal would, for
the first time, give federal agencies direct authority over
land use decisions that Congress has intentionally preserved
to the States. It would intrude so far into traditional
State and local land use authority that it is difficult to
imagine that Congress intended this outcome.
Click here to view a letter being sent by the coalition.
PMAA MEMO ON IRS LEVY’S
Because many petroleum wholesalers must annually issue 1099Ks to their dealers, IRS agents have become more aware of how credit card settlements are processed from jobbers to dealers. As a result, when dealers become delinquent on federal taxes, we are seeing unprecedented efforts by IRS agents to place levies on dealer credit card settlement monies held by wholesalers. In some cases, these dealer settlement monies are collateral held by jobbers for future fuel deliveries. In other cases, the settlement accounts are debited when fuel is delivered; therefore, the monies are not the dealers but are the jobbers.
Last week, PMAA published a memorandum on the issues. To view the memo, click
VINYL WRAP ADVERTISING ON CARGO TANK SHELLS COULD INCREASE INSPECTION COSTS
marketers who use vinyl wrap advertising on cargo tank
trucks may soon find that U.S. DOT annual inspections may be
much more costly for those vehicles. The U.S. DOT
regulations require all non-insulated cargo tanks to undergo
an external visual inspection once
per year (49 CFR180.407(d)). The more costly and time
consuming internal visual
inspections are only required every five years (49 CFR
280.407(e)). However, the U.S. DOT regulations also provide
that, if the annual external visual inspection is precluded
because any part of the cargo tank wall is
externally lined, coated, or designed to
prevent an external visual inspection, those areas of the
cargo tank must be internally inspected each year
instead.(49 CFR 280.407 (d)(1)).
As a result, any
coating on the outside of the tank shell that could hide
corroded or abraded areas, dents, distortions, defects in
welds and any other conditions, including leakage, that
might render the tank unsafe would trigger internal
inspections annually instead of every five years so long as
the external shell of the tank is covered.
External visual inspections
typically cost $350 and require the cargo tank to be out of
service for one day. An internal visual inspection costs on
average $750 and requires the tank to be out of service for
two to three days. Whether or not cargo tank vinyl
advertising wrap precludes external inspection may vary
depending on the certified inspector used. PMAA is in
discussions with the U.S. DOT regarding at what point is
vinyl wrap advertising as well as smaller decals on the tank
shell sufficient to trigger the internal inspection trigger.
Until this issue is clarified by the U.S. DOT, petroleum
marketers should consider the potential for additional
annual inspection costs and out of service time before
applying vinyl advertising wrap on the external shell of a
cargo tank vehicle.
If anyone has experienced vinyl
wrap triggering external inspections, please contact Mark S.
Morgan, PMAA Regulatory Counsel at
PMAA PARTNER SPOTLIGHT FEATURING: MERIDIAN ASSOCIATES, INC.
Success Starts With Thoughtful Planning by Betsi Bixby
The industry as a whole is on a strong upswing. You want to
keep up that momentum! But you don’t want to turn a blind
eye to things that could jump up and bite you as you
continue to grow.
Take your team through the
following process to clarify lessons learned. The task of
the team is to 1) create a success list, 2) develop a
lessons learned list with subsequent actions, 3) analyze
direct competitors, and 4) identify strengths. Then using
these four lists, develop a priority action plan with
benchmarks for the coming year. Ideally, get the team
off-site, undisturbed for a full day of focused brainpower.
Please read Betsi’s article in its entirety
here. To learn more about PMAA’s Platinum Partner,
Meridian Associates, please
or contact them at 800.728.9008.
PMAA MEMBER SERVICES SPOTLIGHT FEATURING:
AMERASSIST A/R SOLUTIONS
In these economic times corporate distress presents special
strategic management challenges that can be caused by a
number of issues. You will find following a list of the Top
Ten reasons businesses fall on hard times:
downturn caused by a weak economy
optimistic sales projections
of what was thought to be a good strategy
resources - very common
research and development (R&D) projects
financial controls especially in the area of A/R
While each case is unique, it's important you identify which
one, two or more that may be affecting your business.
AmerAssist, a PMAA Endorsed Vendor, can help in the area
of financial controls. Our goal is to help you return to
normalcy - once you again have control over your accounts
receivable (A/R) and have a steady cash flow stream, you
will regain confidence and emphasis will again be placed on
growing the business while maintaining a strong balance
For more information, please
visit or email PMAA’s Liaison
Tom Green or by
phone at 904.825.1563.