MEMA MAG Fall 2023

MEMA

MAG FALL 2023

ADVOCACY, LEADERSHIP, & EDUCATION FOR MAINE’S ENERGY MARKETERS

MAINE "RAINY DAY FUND" AT RECORD HIGH MEMA JOINS COALITION TO OPPOSE CALIFORNIA CLEAN TRUCKS POLICY

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WHAT YOU NEED TO KNOW ABOUT THE 2023 REFERENDUM ELECTION J. GARRIE MURRAY GOLF CLASSIC RECAP SENATOR ANGUS KING AT MTEC AND MORE!

One Source, Many Solutions.

TerraVest Industries offers buying, renting, or leasing of durable and high-quality propane storage and transport equipment through our family of companies.

Don Nichols - New England Territory Manager 207-737-9704 | dnichols@terravestsales.com For more information, visit terravestindustries.com.

CONTENTS 04 05 06 09 12 14 16 19 20 23 26 27 30

FALL 2023•Volume 6•Issue 2

From the Desk of Charlie Summers Meet Our Team & Board of Directors Maine Environmental Groups Push California's Policy on Mainers

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Maine's Minimum Wage EMA Update

House of Representatives Passes Bill to Deny the "California Car Mandate"

Maine's Budget Stabilization Fund Reaches New Record High

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Company News

Sprague Signs Offtake Agreement with Biofine for Carbon-Negative Biofuel

Senator Angus King Visits MTEC Tech Corner

By Rich Harvey, F. W. Webb

EMA Continues to Fight EPA

By Rob Underwood, EMA

MTEC 2024 Course Schedule 2023 Referendum Election

MEMA MAG is a quarterly magazine designed to engage and communicate with members with useful, timely, and memberrelated content. MEMA MAG will be published four times a year.

J. Garrie Murray Golf Classic Recap

Do you have a suggestion for MEMA MAG? Would you like to ADVERTISE? Contact Hannah Estes, Business Manager at MEMA. Email her at hestes@maineenergymarketers.com or call 207-729-5298.

What You Need to Know

Copyright 2023 Maine Energy Marketers Association. All rights reserved. No part of this publication can be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission, in writing, from MEMA and/or the publisher. Printed in Maine, USA. maineenergymarketers.com

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Dear MEMA Members, I was recently thumbing through the October 2023 edition of the National Association of Convenience Stores (NACS) magazine and came across an article on Name, Image, and Likeness (NIL) marketing in the convenience store industry. This relatively low-cost marketing tool involves leveraging the brand equity of a “local” college/university by partnering with student-athletes to endorse an individual or regional chain of C-Stores to help develop a profitable bond between customer, athlete, and store.

By now, I am sure you are wondering how this relates to you. Well, whether you operate a C-Store, liquid fuel company, or both, the brand equity – loyalty – that you have built up over the years by providing a safe and reliable product and service cannot be overstated and is one of our greatest assets against the non-stop barrage of anti-liquid fuels regulations proposed by legislators, regulators, and activists. This loyalty is not just rooted in the time-tested reliability of our products but in the generational relationships that you and your business(es) have established in your communities and our state.

In fact, the successes that your MEMA Team has achieved are a direct result of the brand equity you afforded us. We’ve defeated 4

MEMA MAG | Fall 2023

the proposed California Clean Trucks rule and rolled back Efficiency Maine’s ill-conceived “Whole Home” rebate program.

We have brought Senator King and Representative Golden to MTEC to both show off our great school and to show them first-hand the state-of-the-art training we provide and the great career opportunities our industry offers – and we are continuing to lobby our Congressional Delegation to lower credit card swipe fees by supporting the Credit Card Competition Act. Without a doubt, there are choppy waters ahead. However, all of us at MEMA and MTEC are, as a Navy CO of mine used to say, “keeping our eyes in the boat.” Focused on the mission of protecting our brand equity that you have worked so hard to create while advancing the interests of Maine’s liquid fuels and C-Store industries through advocacy, education, and one-on-one relationship building.

On a different note, please join me in welcoming our new MEMA Board Officers, Carter Vaillancourt of Daigle Oil – Vice Chair, and Katie Foster of R.H. Foster Energy – Treasurer. I’d also like to welcome Kim Keil of Bergquist, Inc., as our newest member of the MEMA Board. We are so appreciative of the energy and devotion that each brings to our association, and we look forward to working with them! Also, I want to welcome our newest MTEC Instructor, Dave Cupka! Dave comes to MTEC with 44 years of experience in HVAC, and we are thrilled to have him on the MTEC Team!

As always, thank you for all that you do. I look forward to seeing you in the field!

Best,

Charlie

MEET OUR TEAM

CHARLIE SUMMERS PRESIDENT

MEGAN DIVER

VICE PRESIDENT

ROGER MITCHELL

DAVID CUPKA

MTEC DEAN

HANNAH ESTES

BUSINESS MANAGER

MTEC INSTRUCTOR

COLLEEN EGE

ADMIN ASSISTANT

SARAH NADEAU

INSURANCE & OFFICE ADMINISTRATOR

MEGHAN SYLVESTER

MARKETING & COMMUNICATIONS SPECIALIST

BOARD OF DIRECTORS EXECUTIVE BOARD MATT POOLE | COLBY & GALE | MW SEWALL ROGER ARSENAULT | COMMUNITY ENERGY CARTER VAILLANCOURT | DAIGLE OIL COMPANY CASEY CRAMTON | DEAD RIVER COMPANY MICHAEL MCCORMACK | DOWNEAST ENERGY MICHAEL ESTES | ESTES OIL & PROPANE MAX MARSTON | FABIAN OIL CARRIE TOMFORDE | IRVING OIL MARK GAGNON | P. GAGNON & SONS INC. KATIE FOSTER | RH FOSTER ENERGY, LLC. TIM HEUTZ | RINALDI ENERGY MARK ST. GERMAIN | ST. GERMAIN STEVEN MCGRATH

ASSOCIATION BOARD JAMIE ROBINSON | A.E. ROBINSON OIL CO. DAVID BABCOCK | ADAMS & FOGG OIL EQUIP, CO. KIM KEIL | BERGQUIST, INC. ROBERT SHIBLEY | BOB’S CASH FUEL LLC PETER BUOTTE | COMMUNITY ENERGY CO. - ALT. JEFF WEBB | EASTERN PROPANE & OIL, INC. JIM PIKE | ENERGY KINETICS JUDY DELANEY | GLOBAL PETROLEUM CORP. BRIAN HOLMES | GLOBAL PETROLEUM CORP.-ALT. TOM SCHWARM | GOULD TECHNOLOGIES MATT HARRISON | GULF OIL, LP

MICHAEL MCCORMACK

CARTER VAILLANCOURT

DOWNEAST ENERGY

DAIGLE OIL CO.

CHAIR OF THE BOARD

VICE CHAIR

STEVEN MCGRATH TREASURER

JIM CARROLL | J.P. CARROLL FUEL CO. STEVE NESS | NESS OIL COMPANY ROBERT TRACY | RH FOSTER ENERGY, LLC. - ALT. SEAN LYNCH | SID HARVEY’S ELWIN SCOTT | SIMARD & SONS, INC. KRISTYN SCHWEITZER | SPRAGUE ENERGY PAULA PALMER | SPRAGUE ENERGY-ALT. MICHAEL TAMMARO | V.L. TAMMARO OIL

KATIE FOSTER SECRETARY

RH FOSTER ENERGY, LLC

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Maine Environmental Groups Push California’s Policy on Mainers MEMA JOINS COALITION TO OPPOSE Environmental groups petitioned the Maine Board of Environmental Protection (BEP) to adopt the California Advanced Clean Trucks Rule, requiring BEP to initiate the rule-making process. The Public Hearing was on August 17th at the Augusta Civic Center.

Adopting the CA ACT would set mandatory sales thresholds of Zero Emission Vehicles (ZEV’s) starting in 2027. Effectively, this adoption would put Maine on an accelerated path to electric medium and heavyduty trucks regardless of operational realities.

MEMA has been actively involved in a coalition of industry stakeholders called the Mainers for Smart Energy Coalition (MFSE). This group is being led by MEMA, the Maine Motor Transportation Association, the Maine Auto Dealers Association, Associated General Contractors of Maine, the Maine Better Transportation Association, and the Maine

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Aggregate Association – but our members include countless other industry groups and Chambers of Commerce who all understand the downsides of adopting this policy too early.

The MFSE coalition has over 15,000 businesses represented as of today.

MEMA and MFSE are not opposed to electric trucks.

But we are expressing our concerns over what we see as flaws that can have serious (and avoidable) consequences for the supply chain and for Maine businesses, taxpayers, and citizens. The top three issues of concern: •

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The Maine electrical grid’s ability to handle additional Medium & Heavy-Duty (MHD) Truck demand and the significant investments needed to ensure uninterrupted service; The significant investments needed to build out

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brand-new charging infrastructure for brand new (and unproven) MHD truck propulsion technology; and The much higher cost, reliability (range, cold weather climate, auxiliary power needed for certain applications, etc.) and availability of these new MHD electric trucks.

We know electric trucks are coming and we support voluntary adoption of technology innovations – but not mandates.

to the Bangor Daily News and have also made an appearance on the WGAN morning radio program – CLICK HERE TO LISTEN. The MFSE Coalition plans to do more of this type of communication and implement a social media strategy aimed at education. Please visit the website at https:// mainersforsmartenergy.com

MEMA is engaged in the Mainers for Smart Energy Coalition education and communication efforts. We will be submitting written and oral comments to the BEP. Members of MFSE have submitted an Op Ed

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MAINE'S MINIMUM

WAGE Maine’s minimum wage will rise to $14.15 an hour.

Maine’s minimum wage workers will see a pay increase starting in January.

The minimum wage will increase from $13.80 to $14.15 an hour as of Jan. 1, 2024, according to the Maine Department of Labor.

That increase comes at the latest Consumer Price Index for the Northeast shows the cost to live has risen 2.4 percent, the Department of Labor said.

The wage for tipped workers also will increase to $7.08 an hour.

Employers must show that tipped workers earned at least the new minimum wage between their direct wage and tips at the end of the week.

As a result of the minimum wage hike, the minimum salary threshold for overtime-exempt workers has risen to $816.35 a week, or $42,450.20 a year, according to the department. The minimum wage is one of the factors that determines where that

threshold is set under state and federal law.

Maine voters approved hiking the state’s minimum wage in a 2016 referendum. That raised the minimum wage from $7.50 to $9 an hour in 2017 and by an additional dollar a year through 2020, after which it was indexed to inflation.

That referendum eliminated the “tipped wage” for servers and set their minimum wage at $12 an hour by 2020, but former Republican Gov. Paul LePage signed a bill into law in 2017 overturning that portion of the referendum and reimposing the lower minimum wage for tipped workers.

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TM

ready for what’s next? we are here to continue delivering on the legacy you built.

For a confidential consultation, call or email us at 603-822-3708 or janderson@eastern.com

Welcome to the team!

MEMA WELCOMES DAVID CUPKA

In mid-September, MEMA welcomed new MTEC instructor David Cupka to the team.

David has been in the HVAC industry for more than 40 years, first starting in the US Air Force as an air conditioning and refrigeration specialist. Since then, he has held multiple positions for different HVAC companies across the US, including working as a service manager for Trane Heating and Air Conditioning for 11 years. In 2006, he started his own company, Aircon, Inc. He is experienced with service and sales engineering, has a vast knowledge of any HVAC system, and is certified in handling propane, natural gas, and EPA Refrigeration. Most recently, David taught HVAC/R courses at the Northeast Technical Institute.

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EMA UPDATE HOUSE OF REPRESENTATIVES PASSES BILL TO DENY THE “CALIFORNIA CAR MANDATE” Recently, the House of Representatives approved the “Preserving Choice in Vehicle Purchases Act” (H.R. 1435) to protect Americans’ freedom of choice when purchasing vehicles. The bill passed on a bipartisan vote of 222 – 190. Eight Democrats supported the bill: Representatives Caraveo (CO), Costa (CA), Cuellar (TX), Davis (NC), Golden (ME), Higgins (NY), Perez (WA), and Vasquez (NM). EMA and its 48 state and regional trade associations supported this bill in a letter to Capitol Hill yesterday.

EMA would like to thank Representatives Bob Latta (R-OH), John Joyce (R-PA), Gus Bilirakis (R-FL), and Jay Obernolte (R-CA) for introducing this important legislation earlier this year. EMA and MEMA would like to thank Rep. Golden for supporting this import12

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ant legislation.

The legislation would reject California’s request for a Clean Air Act (CAA) waiver to require 100 percent of all new light-duty vehicle sales to be electrified by 2035 in the state. Every American will be impacted by this ban, whether they are in one of the 17 states that copies California vehicle laws or whether they are a consumer looking to buy an affordable new pickup truck in the next few years.

This would constitute 40 percent of the entire nation’s new car sales.

Specifically, the Preserving Choice in Vehicles Purchases Act would restrict the EPA from issuing any waiver for new regulations that would ban the sale or use of new motor vehicles with internal combustion engine vehicles (ICEVs).

The Energy Marketers of America (EMA) is concerned with California’s ban on the ICEV because it would limit consumer choice on cleaner greener ICEs, increase Americans’ utility bills to subsidize a massive expansion of the electric grid for EV charging, and threaten the viability and jobs of small business energy marketers around the country, whether they deliver gasoline and diesel or renewable fuels like ethanol, biodiesel, and renewable diesel.

-Rob Underwood, President EMA

Preserving consumer choice is critical to maintaining competition in the automotive markets and ensuring all Americans have access to reliable, clean, and affordable vehicles.

“The Energy Marketers of America (EMA) is concerned with California’s ban on the ICEV because it would limit consumer choice on cleaner greener ICEs, increase Americans’ utility bills to subsidize a massive expansion of the electric grid for EV charging and threaten the viability and jobs of small business energy marketers around the country, whether they deliver gasoline and diesel or renewable fuels like ethanol, biodiesel, and renewable diesel” said EMA President Rob Underwood.

Challenges to Car Emission Rules Heard by DC Circuit The D.C. Circuit Court of Appeals heard oral arguments yesterday on EMA, other business groups, and state challenges to EPA’s greenhouse gas emissions standards for light-duty vehicles for 2023 and later model years and the National Highway Traffic Safety Administration’s fuel economy standards for model years 2024-2026. The appeals court is hearing oral arguments today on challenges to EPA’s Clean Air Act waiver to set strict tailpipe emission standards for greenhouse gas emissions. EMA is a petitioner in today’s case.

The oral arguments regarding EPA’s tailpipe emission standards focused on whether EPA and the other petitioners’ arguments are properly before the court and

whether EPA’s rule is authorized under Section 202 of the Clean Air Act, and whether the Supreme Court’s “major questions” doctrine applies. The three-judge panel asked many hard-hitting questions, especially on the major questions doctrine. Even though skeptical of EPA’s denial that its rule was an electric vehicle mandate, the Trump-appointed judge expressed doubt that the Agency’s rule broke new ground, thereby invoking the major questions analysis.

The oral argument on NHTSA’s fuel economy standards covered Energy Policy and Conservation Act preemption issues and arguments that NHTSA improperly considered factors such as the fuel economy of electric vehicles and plug-in hybrid vehicles. EMA filed a “friend of the court brief” in this case, supporting the state and industry petitioners.

Today’s argument over the California waiver before a different three-judge panel involves state arguments that the state’s greenhouse gas emissions standards are unconstitutional and EMA and industry arguments that EPA improperly approved the California program aimed at global climate change, rather than State standards needed to address local pollution issues in California.

“Besides the labor news coming out of Detroit and the Housepassed bill to prevent banning the sale of internal combustion engines, it’s been a busy week here in Washington, DC,” said EMA president Rob Underwood. "It has

been a collision of interests over whether the Biden administration’s car rules are illegal and economy-wrecking.” “The Court fights likely will be taken up next year by the Supreme Court,” Underwood added.

EMA Urges Support for the Northeast Gasoline Supply Reserve Recently, EMA and MEMA sent a letter to the Senate Appropriations Subcommittee on Energy and Water Development asking them to reconsider closing the 1-million-barrel Northeast Gasoline Supply Reserve (NGSR) in the FY 2024 spending bill. The Department of Energy (DOE) created the NGSR in 2012 following Superstorm Sandy’s catastrophic damage to refineries and terminals in New York harbor. EMA urged the Senate Appropriations Committee to reconsider closing the NGSR and increase the Northeast Home Heating Oil Reserve’s (NEHHOR) storage capacity from one million to two million barrels. These emergency reserves were created to buy time for industry to respond to supply disruptions, fueling state and local governments, hospitals, and first responders after disaster strikes.

To read the letter, please go to: https://www.energymarketersofamerica.org/weeklyreview/attachments/EMA_Ltr_NGSR_September_2023.pdf

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GOVERNOR MILLS ANNOUNCES MAINE’S BUDGET STABILIZATION FUND HAS REACHED NEW RECORD HIGH, STATUTORY MAXIMUM Govenor Janet Mills at the Maine State House, Augusta, Maine | Photo Credit: Public Domain

Governor Janet Mills announced that the State’s Budget Stabilization Fund, also commonly known as the Rainy Day Fund, has reached $968.3 million, a record high and the maximum allowed under State law.

The Fund reached its maximum after the State ended the 2023 Fiscal Year in the black with a $141 million surplus, triggering a “cascade” that distributed the surplus funding into certain accounts, including the Budget Stabilization Fund.

In addition to the $52.4 million distributed to the Budget Stabilization Fund, $65 million of surplus funding is being distributed to MaineHousing to address housing insecurity. $35 million will be used to build affordable rental units in rural Maine through the Rural Affordable Rental Housing Program, created by the Mills Administration and MaineHousing, while the remaining $30 million will be used to help incentivize the production of low14

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income housing through the Low Income Housing Tax Credit Program.

This builds on the historic funding dedicated to housing included in the recently passed budget and expands the $1.2 billion in public and private investment.

Under State law, the Budget Stabilization Fund is allowed to reach a maximum of 18 percent of the Fiscal Year’s General Fund actual revenue from the most recently closed Fiscal Year, which, based on Fiscal Year 2023, amounts to $968.3 million. The maximum amount is recalculated annually.

According to Maine State law, when year-end revenues exceed projections and result in a General Fund surplus that is not appropriated, those funds are allocated to certain accounts in order of priority – including the Budget Stabilization Fund – through the process known as the “cascade”. This year, the

State Legislature established a fifth priority transfer to the Maine State Housing Authority.

After priority transfers are completed, the remaining funds are divided into an 80/20 percent split between the Budget Stabilization Fund and Highway and Bridge Capital Fund. Once the Budget Stabilization Fund hits its statutory maximum, as it did this year, excess revenues are transferred to the Highway and Bridge Capital Fund, in this case, resulting in an additional $3.9 million to the HBCF, for a total of $18 million.

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This is in addition to a new Highway Fund budget law that will provide reliable and sustainable yearly funding of over $100 million dollars - directing 40 percent of the 5.5 percent sales tax on vehicle purchases and 40 percent of sales and use taxes from the Bureau of Motor Vehicles to the fund each year.

This and other budget efforts give the state access to nearly $1 billion from Federal funds for Maine multimodal, highway and bridge repairs.

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SPRAGUE SIGNS OFFTAKE AGREEMENT WITH BIOFINE FOR THE CARBON-NEGATIVE BIOFUEL EL100 COMPANY NEWS

The agreement is a significant step towards decarbonizing the heating oil market and commercializing Biofine’s patented technology.

Biofine Developments Northeast Inc. (Biofine) and Sprague Resources LP (Sprague) are pleased to announce a transformative, long-term agreement that will bring the next generation of advanced biofuel, ethyl levulinate (EL), to the market. Sprague will also market EL, a product ready to revolutionize the heating oil industry by converting waste feedstocks into carbon-negative biofuels.

“We see this agreement as a critical step towards establishing a new industry that we believe will 16

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become a cornerstone of Maine’s decarbonization goals, equity, rural development, job creation, and forest economy resurgence,” commented Dr. Stephen Fitzpatrick, CEO of Biofine. “The potential impact of establishing a beneficial circular economy within the state and Northeastern U.S. with the Biofine technology could be enormous.”

infrastructure and supporting consumer choices,” said Dave Glendon, President and CEO of Sprague. “Low carbon liquid fuels offer the greatest potential for meaningful, near-term reduction in emissions, and we believe that Biofine’s process is an innovative approach to supporting Maine’s forest products’ economy and renewable energy goals.”

“We’re excited by the prospect of EL to contribute to the region's decarbonization goals while leveraging existing heating system

This pivotal agreement marks another step toward developing a next generation bioproducts industry in Maine. Earlier this

year, Biofine announced a longterm lease at the Lincoln Technology Park and identified a significant supply of forestry residuals that qualify for valuable Cellulosic Biofuel credits under the Federal Renewable Fuel Standard program.

Biofine has worked over the last decade to commercialize the EL production process, an effort funded in part by the Maine Technology Institute (MTI) and augmented through a collaborative R&D effort at the University of Maine-Forest Bioproducts Research Institute (UMaine-FBRI). Under the direction of Fitzpatrick and Chief Development Officer Mike Cassata, Biofine has assembled a team to demonstrate the technology and prepare for industrial-scale production.

A key participant in this development is Portland, Maine-based Treadwell Franklin Infrastructure Capital (TFIC), a partner in BDNE, acting as a development

Combustion testing EL fuel - The first market application for EL is as a net-negative emission heating fuel. Future opportunities may include zero-emission energy options for transportation, marine, and jet fuels. | Photo Credit: NORA.

(Left) Forestry residues are an example of waste used to make the next generation of advanced biofuel, ethyl levulinate (EL). Other examples include waste paper or cardboard from separated municipal solid waste, energy crops, and food waste.

(Right) Dr. Stephen W. Fitzpatrick developed the Biofine technology and is now ready for commercial development. The pilot plant is owned and operated by the UMaine FBRI | Photo Credit: UMaine-FBRI.

agent to advance multiple biorefinery projects producing EL and co-products on an industrial scale utilizing sustainably harvested forestry residuals.

Biofine is the exclusive licensee of a suite of intellectual property and numerous significant patents at the core of the EL production process.

EL’s beneficial technical qualities, including its clean-burning and cold-temperature handling properties, have led The National Oilheat Research Alliance (NORA), National Energy and Fuels Institute (NEFI), and the Maine Energy Marketers Association (MEMA) to support and embrace EL as a pathway to decarbonize the heating oil supply.

Under the terms of the agreement, Sprague will facilitate the commercialization of EL through its commitment to purchase and market EL produced from Biofine’s first production facility.

“We at Biofine are looking forward to a lengthy, productive, and cooperative relationship with Sprague to establish a truly sustainable fuels industry ideally suited to Maine and the Northeast,” stated Dr. Fitzpatrick. “Sprague’s national reach and market expertise make them an ideal partner for Biofine.”

About Biofine. Biofine owns a proprietary technology that enables the economical production of high-value renewable biofuels, biochemicals, and biochar from cellulosic residues, including nonfood feedstock such as low-quality forestry waste, agricultural residues, and post-consumer wastepaper/cardboard. Biofine is developing a commercial biorefinery in Lincoln, Maine, based on the ongoing collaborative R&D work at the University of Maine. Biofine is a wholly privately-owned corporation based in Portland, Maine.

About Sprague. Sprague Resourcmaineenergymarketers.com

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es LP purchases, stores, distributes, and sells refined going collaborative R&D work at the University of Maine. Biofine is a wholly privately-owned corporation based in Portland, Maine. Sprague also provides storage and handling services for various materials, including wind energy components. An early adopter, Sprague became the

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first petroleum company in the nation to earn the status of Biodiesel Board Certified BQ-9000 Marketer in 2006. Recognized for its efforts to support energy innovation, Sprague received the international Sustainability Impact Award in 2020 for their first-in-the-nation thin film solar panels on a liquid fuel tank in South Portland, Maine.

Learn more about Sprague: www. spragueenergy.com Please contact Mike Cassata with questions: 617.620.8664, mcassata@biofinetechnology. com

SENATOR ANGUS KING

VISITS MTEC

Senator Angus King (center) watches live fire demonstration of Bioheat® at MEMA's Technical Education Center. Also pictured from L to R is Roger Mitchell, Jarmin Kaltras, Rodger Strictland, Mike McCormack, and Charlie Summers.

U.S. Senator Angus King (I-Maine) visited the MEMA Technical Education Center (MTEC) in Brunswick, ME, on Monday, July 24, 2023 for a live fire demonstration of Bioheat®, a blend of biodiesel and ultra-low sulfur heating fuel, and EL100, a biofuel being developed at the University of Maine Forest Bioproducts Research Institute – Technology Research Center in Old Town, ME. In addition to watching the live fire display, Senator King toured the state-of-the-art training facilities, met some current students, and sat in on MTEC's Factory Certified Heat Pump training course.

NEWS COVERAGE: Channel 13 WGME Senator Angus King Explores Future of Energy at Brunswick mtec center

From L to R: Roger Mitchell, Dean of MTEC; Dave Moody, F. W. Webb; Mike McCormack, Superior Plus Propane; Mike Cassata, Biofine; Mike Estes, Estes Oil & Propane; Senator Angus King, Maine (I); Jarmin Kaltras, Maine Standard Biofuels; Rodger Strictland, Maine Standard Biofuels; Charlie Burnham, Dead River Company; and Charlie Summers, CEO of MEMA/ MTEC. maineenergymarketers.com

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TECH CORNER MEETING FEMA LP TANK BUOYANCY GUIDELINES This month, I'm providing specifications to prevent run-away LP tanks in a flood situation. These are based on FEMA tank buoyancy guidelines, issued after Hurricane Katrina, for above or in-ground tanks and containers for the storage of gasoline, water, natural gas, LP, or heating oil.

BY RICH HARVEY, F.W. WEBB COMPANY GAS TRAINING COORDINATOR

The info on the following pages covers standard LP tanks from Quality Steel Corp. It includes excavation depths for in-ground tanks, pad dimensions, and number of straps necessary to secure a tank. Note: Other tank sizes may require different pad sizes.

Only one state I know of requires LP tanks to be tethered. Vermont enacted this requirement after hundreds of LP tanks from the state floated down the Conn. River into Long Island Sound when Hurricane Sandy hit. While not widely mandated, following the FEMA guidelines and properly securing LP tanks for your customers is still a prudent safety measure. It will make your local inspector happy, too.

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Click link for source material: COASTAL CONTRUCTION MANUAL

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BY ROB UNDERWOOD, PRESIDENT EMA

EMA CONTINUES TO FIGHT EPA EPA PROPOSES COSTLY VAPOR BALANCING EQUIPMENT AT BULK PLANTS WITH GASOLINE I have been fielding many calls and emails from energy marketers concerned about the EPA’s proposed rule to control toxic air emissions from small bulk plants with gasoline storage. Due to the rule’s complexity, many marketers are unsure of the impacts the proposed rule will have on their business operations. To put it simply, the rule applies to any bulk plant with at least one above-ground storage tank containing gasoline. It doesn’t apply to gasoline stations with USTs or bulk plants with no gasoline storage. The rule is primarily concerned with controlling the escape of gasoline vapors from above-ground storage tanks. The proposed gasoline throughput threshold triggering compliance ensures that most small bulk plants with gasoline storage will be subject to the proposed rule if it is finalized. Compliance is delayed until 2026. There is no guarantee the rule will be finalized with the proposed changes as they apply to small bulk plants. As a matter of fact, EMA’s goal is to remove small bulk plants from the proposed rule altogether.

Background of the EPA Proposed Rule The rule is promulgated under the EPA’s National Emission Standards for Hazardous Air Pollution (NESHAP) for gasoline bulk plants and terminals. The proposed rule is important to energy marketers because, if finalized, it would require the installation of costly vapor balancing equipment, including loading racks at virtually every small bulk plant with gasoline storage. Energy marketers have already expressed deep

concern over the proposed rule in an EMA survey. A majority of respondents said they would discontinue wholesale gasoline sales if the rule were finalized due to the significant compliance costs that it would impose.

The Clean Air Act requires the EPA to regulate hazardous air pollutants (toxins), including gasoline, from categories of industrial facilities (bulk plants and terminals) in two phases.

First, the EPA must establish a standard for hazardous air pollutants based on maximum achievable control technologies (MACT). Second, every eight years after setting the MACT standard, the Clean Air Act requires the EPA to review and revise the standards and, if necessary, to account for improvements in air pollution controls maineenergymarketers.com

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and/or prevention. The EPA’s proposed rule is primarily the eightyear review for gasoline toxic air emissions at terminals and bulk storage plants. Read more at www. epa.gov/clean-air-act-overview.

Throughput Threshold Trigger The most significant change under the proposed rule is the language used to establish the daily gasoline throughput threshold that triggers vapor balancing requirements.

Under the current MACT rule, the threshold trigger for vapor balancing is any bulk plant with more than 20,000 gallons of actual daily gasoline throughput. The current 20,000-gallon gasoline throughput threshold leaves most small bulk plants out of vapor balancing requirements. Unfortunately, the threshold trigger for vapor balancing compliance under the proposed rule is lowered to bulk plants with a daily maximum design capacity throughput of more than 4,000 gallons. The difference between the threshold language actual daily throughput in the current rule and daily maximum design capacity throughput under the proposed rule is significant. Daily maximum des-

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ign capacity throughput has no correlation to actual daily gasoline throughput for purposes of compliance. Instead, daily maximum design capacity throughput sets the compliance threshold at the daily maximum amount of gasoline that could be throughput each day based on storage tank design specifications. This seemingly subtle change in throughput language would not only bring all small bulk plants with gasoline storage capacity under new costly vapor balancing requirements but under costly additional regulatory requirements as well.

Leak Detection The proposed rule uses the same 4,000 gallons daily maximum design capacity throughput to impose new leak detection requirements on operators of small bulk plants with gasoline storage. Currently, leak detection methods for aboveground gasoline storage tanks only require sight, sound, and smell observations with a 30-day repair window allowance. The proposed rule still allows sight, sound, and smell observations but also requires the installation of new and enhanced leak detection monitoring equipment for valves, pumps, pressure relief devices, loading racks, sampling connection systems, open-ended valves or lines, and flanges or other connector in the gasoline liquid transfer and vapor collection systems. In addition, the proposed rule would shorten the repair window to just 15 days and impose new leak reporting and record-keeping requirements for small bulk plant operators.

Cargo Tank Vehicles Currently, the EPA requires cargo tank vehicles in gasoline service to undergo EPA Method 27 tank tightness tests. The EPA Method 27 measures vapor leaks from cargo tank compartments and allows no more than 3 inches of water pressure drop within the tank shell measured over a five-minute period. The EPA’s proposed rule would require a more stringent graduated vapor tightness standard ranging between 0.5 and 1.25 inches of water pressure drop over a five-minute window, depending on the cargo tank compartment size. According to the EPA, model year 2004 and newer specification cargo tanks are designed to certify the 0.5-inch to 1.25-inch water pressure drop standard. Others disagree and say only cargo tank model years 2018, and newer are designed to meet the new pressure standards. While retrofits may or may not be required on these model years, pressure test costs will most certainly increase.

Small Business Cost Analysis EMA is opposing the proposed rule because of the onerous costs it would impose on small business energy marketers. EMA believes the EPA erred when it failed to conduct a comprehensive cost analysis as required by law any time a proposed rule would have a significant impact on a substantial number of small businesses.

The EPA did not conduct a small business cost analysis because it grossly underestimated the number of small bulk plants that would be

affected. The EPA counted just 111 small bulk plants with gasoline storage tanks that would be significantly impacted by the proposed rule. Based on this small number of regulated bulk plants, the EPA concluded the proposed rule did not have a significant impact on small businesses, and therefore, no small business cost analysis was required by law. In fact, EMA estimates there are well over 1,000 small bulk plants that would be affected by the rule that meet the significance threshold, triggering a small business cost review. The failure by the EPA to correctly and accurately identify regulated parties affected by the proposed rule is a major omission that could significantly delay or even derail the proposed rule altogether.

Conclusion EMA will continue to vigorously oppose the proposed NESHAP rule for small bulk plants because it poses a significant threat to marketers using bulk gasoline storage to supply wholesale customers.

Delivering gasoline directly from the terminal rack is not always practical for low-volume custom ers or even possible when pulling supply from distant terminals. If

intermediate bulk plant storage of gasoline becomes cost-prohibitive due to onerous regulations, low-volume end users such as farmers, small fleet operators, and state and local governments will be forced to switch to alternative fuel sources. Once again, the EPA is picking winners and losers in theenergy sector. In the end, perhaps this is the EPA’s true motivation behind the proposed rule: one more opportunity to eliminate fossil fuels.

maineenergymarketers.com

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2024 COURSE SCHEDULE

HVAC PRO SEMESTER CLASS

PROPANE/NATURAL GAS

Member: $12,700; Non-Member: $13,900

APPLIANCE CONNECTION & SERVICE

(includes tool bag valued over $1,500)

Jan 8 - Mar 29 Apr 1 - Jun 28 Jul 8 - Sep 27 Sep 30 - Dec 20

Jan 15 - Feb 9 Mar 4 - Mar 29 Apr 8 - May 3 May 28 - Jun 21

OIL HEAT OIL HEAT TECHNICIAN TRAINING: Member: $4,575; Non-Member: $4,975 Jan 8 - Feb 9 Feb 26 - Mar 29 Apr 1 - May 3 May 20 - Jun 21

Jul 8 - Aug 9 Aug 26 - Sep 27 Nov 18 - Dec 20

Night Course/Saturdays: Sep 3 - Nov 21

EXAM PREP - MAINE STATE OILBURNER :

Member: $199; Non-Member: $299 (Journeyman & Master)

Mar 9, Jun 15, Oct 12

Jul 15 - Aug 9 Sep 3 - Sep 27 Oct 21 - Nov 15 Nov 25 - Dec 20

Night Course/Saturdays: Mar 12 - May 16

EXAM PREP - APPLIANCE CONNECTION & SERVICE, NFPA #54 Member: $199; Non-Member: $299 Mar 16, Jun 22, Oct 19

TANKSETTER & OUTSIDE PIPING: Member: $1,200; Non-Member: $1,400 Jan 8 - Jan 16 Feb 26 - Mar 5 Apr 1 - Apr 9 May 20 - May 29

Jul 8 - Jul 16 Aug 26 - Sep 4 Oct 15 - Oct 23 Nov 18 - Nov 26

Night Course/Saturdays: Feb 20 - Mar 7

AC / HEAT PUMP EPA 608 CERTIFICATION & REFRIGERANT RECOVERY:

Member: $1,050; Non-Member: $1,200 Feb 12 - Feb 16 May 6 - May 10

Member: $3,475; Non-Member: $3,775

Aug 12 - Aug 16 Sep 30 - Oct 4

40 HOUR HEAT PUMP TRAINING:

Member: $1,100; Non-Member: $1,250 Feb 19 - Feb 23 Aug 19 - Aug 23 May 13 - May 17 Oct 7 - Oct 11

CFESA FOODSERVICE

DELIVERY TECHNICIAN Member: $1,050; Non-Member: $1,200 May 13 - May 16 Sep 30 - Oct 3

LARGE EQUIPMENT

Member: $750; Non-Member: $950

May 6 - May 8 Fall Date TBD

PLANT OPERATOR Member: $1,050; Non-Member: $1,200

CFESA FOODSERVICE EQUIPMENT TRAINING

Aug 12 - Aug 15

Feb 12 - Feb 16 May 13 - May 17

OPERATOR QUALIFICATION

Member: $1,200; Non-Member: $2,000 Aug 19 - Aug 23 Oct 7 - Oct 11

Summer Date TBD

25 Greenwood Road, Brunswick ME 04011 | 207-29-5298 | mtecenter.com 26 MEMA MAG | Fall 2023

2023 REFERENDUM

ELECTION WHAT YOU NEED TO KNOW

QUESTIONS APPEARING ON THE NOVEMBER 7, 2023 BALLOT QUESTION 1: CITIZEN INITIATIVE An Act to Require Voter Approval of Certain Borrowing by Government-controlled Entities and Utilities and to Provide Voters More Information Regarding That Borrowing

Do you want to bar some quasi-governmental entities and all consumer-owned electric utilities from taking on more than $1 billion in debt unless they get statewide voter approval?

Proponent Information

Legislation

QUESTION 2: CITIZEN INITIATIVE An Act to Prohibit Campaign Spending by Foreign Governments and Promote an Anticorruption Amendment to the United States Constitution

Do you want to ban foreign governments and entities that they own, control, or influence from making campaign contributions or financing communications for or against candidates or ballot questions?

QUESTION 3: CITIZEN INITIATIVE An Act to Create the Pine Tree Power Company, a Nonprofit, Customer-owned Utility

Do you want to create a new power company governed by an elected board to acquire and operate existing for-profit electricity transmission and distribution facilities in Maine? maineenergymarketers.com

27

QUESTION 4: CITIZEN INITIATIVE An Act Regarding Automotive Right to Repair

Do you want to require vehicle manufacturers to standardize on-board diagnostic systems and provide remote access to those systems and mechanical data to owners and independent repair facilities?

Proponent Information

Legislation

QUESTION 5: CONSTITUTIONAL AMENDMENT RESOLUTION, Proposing an Amendment to the Constitution of Maine Regarding the Timing of Judicial Review of the Determination of the Validity of Written Petitions

Do you favor amending the Constitution of Maine to change the time period for judicial review of the validity of written petitions from within 100 days from the date of filing to within 100 business days from the date of filing of a written petition in the office of the Secretary of State, with an exception for petitions filed within 30 calendar days before or after a general election?

QUESTION 6: CONSTITUTIONAL AMENDMENT RESOLUTION, Proposing an Amendment to the Constitution of Maine to Require All Provisions in the Constitution to Be Included in the Official Printing

Do you favor amending the Constitution of Maine to require that all of the provisions of the Constitution be included in the official printed copies of the Constitution prepared by the Secretary of State?

QUESTION 7: CONSTITUTIONAL AMENDMENT RESOLUTION, Proposing an Amendment to the Constitution of Maine to Align the Proceedings for Circulating Written Petitions for People's Vetoes and Direct Initiatives with Federal Law

Do you favor amending the Constitution of Maine to remove a provision requiring a circulator of a citizen's initiative or people's veto petition to be a resident of Maine and a registered voter in Maine, requirements that have been ruled unconstitutional in federal court?

QUESTION 8: CONSTITUTIONAL AMENDMENT RESOLUTION, Proposing an Amendment to the Constitution of Maine to Allow Persons Under Guardianship for Mental Illness to Be Electors

Do you favor amending the Constitution of Maine to remove a provision prohibiting a person under guardianship for reasons of mental illness from voting for Governor, Senators and Representatives, which the United States District Court for the District of Maine found violates the United States Constitution and federal law?

28 MEMA MAG | Fall 2023

Janna Shippa

800-807-7288 603-381-0710 Janna.Shippa@nglep.com

Jack Murdock

518-733-0101 518-588-2569 Jack.Murdock@nglep.com

Specialized Transportation and Maintenance Services since 1958

Call us at 207.850.7975, or find us online at www.HOBOUCHARD.com to see how we can help you!

- Bulk transport of energy products including, but not limited to: - Gasoline, Diesel, Heavy Oil, Jet Fuel, Propane, Ethanol - Maintenance services including, but not limited to: - State & Federal Inspections - Bobtail and trailer tank testing - Yearly preventative maintenance - Suspension, brake, wheel maintenance - Peddle truck mounting and transfering services maineenergymarketers.com

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J. GARRIE MURRAY

GOLF CLASSIC The 30th annual J. Garrie Murray Golf Tournament was a huge success, raising over 20k for the MEMA Technical Education Center.

The tournament occurred on the morning of August 31st at the Spring Meadows Country Club in Gray, Maine. It was a surprisingly cool morning that turned into a gorgeous afternoon, with the sun finally revealing itself to the golfers as they played their 18 holes on Spring Meadows's beautiful course.

As the tournament came to a close, golfers enjoyed hors d'oeuvres and drinks during the awards reception, some even walking away with raffle prizes, such as an overnight stay at the Samoset Resort and free rounds of golf at some of Maine's top golf courses. Congratulations to all the raffle winners!

30 MEMA MAG | Fall 2023

The MEMA Technical Education Center would like to thank all the companies who sponsored and the golfers who came out to play in support of MTEC; The Spring Meadows Country Club for hosting and providing great food for the golfers; and the companies and country clubs who donated raffle items.

Rob Wilkes - Committee Chair Jim Carroll | Don Nichols Bill Hutchinson | Matt Poole John King | Bob Whiting Dave Moody EVENT SPONSORS

CITGO | Federated Insurance H.O. Bouchard | Reynolds American Irving | H. A. Mapes | Rowe Ford F. W. Webb | Hews | St. Germain TerraVest Industries FLAG SPONSORS

Adams & Fogg Oil Equipment Co. American Standard | Colby & Gale Freightliner & Western Star of Maine, Inc. GE Connect | J. P. Carroll Fuel Co. Jewett & Noonan Transportation, Inc. M. W. Sewall | Maritime Energy Portland Pump Co. | R. W. Beckett TACO | Tounge Associates TerraVest Industries TEE SPONSORS

Bergquist Inc. | Homans Associates Messer Truck Equipment Mitsubishi Electric US, Inc. NGL Supply Wholesale, LLC | Sid Harvey's The Granite Group | W.S. Emerson Co. Williamson-Thermoflo PUTTING CONTEST SPONSOR

H. A. Mapes

maineenergymarketers.com

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