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May/June 2012

Serving Ohio’s petroleum and convenience industry

2012 M-PACT Highlights

Evolution of

OPMCA

Through the Years

Why Advocacy

MATTERS


May/June 2012

TABLE OF CONTENTS

The Ohio Petroleum Marketers and Convenience Store Association (OPMCA) is the statewide trade association representing more than 500 independent, small businesses in the petroleum and convenience industry. OPMCA’s members own and operate the overwhelming majority of Ohio’s 5,200 convenience stores and employ more than 55,000 Ohioans. Members on the wholesale side of the industry employ thousands more in commercial fueling facilities, transportation divisions, heating oil sales, and home offices. In existence since 1922, a renewed OPMCA is moving forward. Together with its members, the OPMCA is driving Ohio forward. CHAIRMAN Kim Ullman, Ullman Oil Inc., Chagrin Falls VICE CHAIRMAN Mark Lyden, truenorth, Toledo DIRECTORS Brian Burrow, Campbell Oil Company, Wooster Greg Ehrlich, Convevo Partners, Columbus Patrick Gilligan, Gilligan Oil Company, Cincinnati Doug Hartley, The Hartley Company, Cambridge Barry Henderson, Ports Petroleum Company, Wooster Dave Hogan, Certified Oil Company, Columbus Nancy Kister, O & P Oil & Gas, Andover Denny Knott, Ney Oil Company, Ney Sandra Morgenstern, Par Mar Stores, Marietta James Patneau Jr., Free Enterprises, Inc., Medina Zach Santmyer, Santmyer Oil Company, Inc., Wooster Thomas Stephenson, Stephenson Oil Company, Hamilton Mike Stipp, District Petroleum Products Inc., Huron PMAA DIRECTOR FOR OHIO Ben Englefield, Englefield Oil Company, Newark PRESIDENT & CEO Jennifer B. Rhoads, Esq. jrhoads@opmca.org VICE PRESIDENT David A. Biemel, Esq. dbiemel@opmca.org DIRECTOR OF EVENT MANAGEMENT Shane Schaefer sschaefer@opmca.org DIRECTOR OF MARKETING, COMMUNICATIONS Stephanie Aubill saubill@opmca.org ADVERTISING SALES REPRESENTATIVE Valerie Cook vcook@opmca.org EXECUTIVE ASSISTANT Erica Metzger emetzger@opmca.org

Features

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Evolution of OPMCA: Through the Years M-PACT 2012 Highlights

Extras

4 6 8 10 12 31 32 34

Interview with the New BUSTR Chief Power of Partnership OPMCA New Hires Future Runs on Natural Gas 3 Options for Summer Help Stage II Enforcement Policy Why Advocacy Matters Members in the News

Departments

17 S. High Street, Suite 810, Columbus, OH 43215 614-947-8646 (phone) 614-947-8648 (fax) www.opmca.org

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Fuel for Thought

5

Ohio C-store Industry By the Numbers

FOLLOW US ONLINE! facebook.com/DriveOhioForward twitter.com/OPMCA

35 Founders’ Circle

30 Capitol Blend

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90 Years of Membership: Worth the Investment

by Jennifer Breech Rhoads, Esq. OPMCA President and CEO Ninety years ago in May, fourteen Ohio petroleum companies came together to create a single, collective voice for Ohio’s petroleum industry. In the beginning, their association focused on one issue—the motor fuel tax. What those fourteen companies found was, simply put, the power of association. They found that together, they were able to impact the future of Ohio’s petroleum industry far more effectively than any single company. Ninety years later, our association stands 500 members strong, and it is still growing. As our industry evolves, OPMCA follows. What started as a modest group advocating on a single issue has become an active trade association, advocating at the local, state and federal level to ensure your success and that of your company.

Growing national presence. OPMCA is evolving, and people are taking notice. I was recently invited to sit on the legislative committee of the National Association of Convenience Stores. In this capacity, our association has the opportunity to impact public policy at a national level in a way we have never had before. M-PACT. OPMCA has been an integral part of growing the Midwest Petroleum and Convenience Tradeshow (M-PACT) into one of the nation’s leading petroleum tradeshows. This year we expanded the educational opportunities offered and tailored them to a wide range of interest areas for petroleum and convenience professionals. Industry connectivity. Everyday your business interacts with petroleum contractors. Your businesses are inextricably linked. As the managing organization for the Ohio Petroleum Contractors Association (OPCA), we are uniquely positioned to understand the relationship between OPMCA members and OPCA members, and facilitate dialogue between these two organizations, which often share common goals and objectives.

Timely communication. Whether it is our weekly regulatory e-newsletter or state government headlines in Capitol Square Daily, we are working to ensure you have up-to-the-minute information on relevant industry topics. Soon, we will unveil a new website that will allow you to manage your membership online and provide a more seamless association experience. Administrative programs. We work with vendors to secure cost-effective programs, such as workers compensation insurance, credit card processing, and now, health and life insurance for member companies. Our strong relationships with vendors like Federated Insurance and World Pay result in lower costs for administrative processes critical to your business.

FUEL FOR THOUGHT

In addition to a robust public policy advocacy program, OPMCA has a growing number of benefits that make membership a worthwhile investment:

It has been said that you can’t know where you are going if you don’t know where you have been. As I think about the future of OPMCA, I find it is important to reflect upon our past. It is my distinct honor to lead OPMCA as we celebrate 90 years of work on your behalf.

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BUSTR CHIEF INTERVIEW

An Interview with the New BUSTR Chief Recently, Mr. William “Bill” Hills was named chief of the Bureau of Underground Storage Tank Regulations (BUSTR). Chief Hills served as president of the Reynoldsburg City Council. He previously served 14 years as the Executive Director of the Joint Committee on Agency Rule Review, a legislative committee. He also has worked for the judicial branch as a referee at the Ohio Court of Claims. Hills has viewed state politics from all government perspectives and understands the important role played by private industry stakeholders.

the environment. BUSTR has a strong staff of dedicated employees who implement the operating procedures throughout their efforts. As the new BUSTR chief, what are your top policy priorities? How do you hope to achieve these? One would be to assist in the education, certification and administration of the compliance necessary with the new BUSTR regulations. This will be accomplished through strengthening working relations between government agencies and addressing the needs for certification of the stakeholders.

You have previously served at the Ohio Court of Claims and with the Joint Committee on Agency Rule Review. How will these experiences help you in your new rule as BUSTR chief? Prior services in both the judicial and legislative branches of government before coming to the executive branch have provided me the opportunity to view and experience government from different aspects. From my prior roles, I would hope to have a better understanding of the day-to-day operations of BUSTR.

After your first two months as BUSTR chief, what are you finding the bureau does well and where do you see room for improvement? As noted earlier, BUSTR performs its mission on a day-today basis exceptionally well. I have always been a big believer in open communication with employees, owners, operators and all interested parties to be sure that everyone has an equal understanding of the positions taken.

What is your vision for the future of BUSTR? Do you envision changes to BUSTR’s structure or operations? BUSTR will continue to regulate the safe operation of USTs and ensure investigations and cleanup of petroleum releases to protect human health and

How do you view stakeholder groups? How important is their place in ensuring a high rate of compliance within the petroleum and convenience industry? The input from stakeholder groups is extremely valuable for understanding the entire situation. Good communication

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goes a long way in achieving the education necessary for the owner/operators and to provide assistance in correcting the existing problems to get them in compliance. Who has had the biggest impact on you as a leader? Why and how did this person impact your life and how is that influencing your work today? Probably the biggest impact on my style as a Bureau Chief comes from the guidance of Jo Ann Davidson. Having had the opportunity to work under her legislative leadership has taught me to listen, obtain and evaluate the facts, apply the existing codes or regulations and then recommend the appropriate action to resolve issues for the benefit of the citizens of Ohio.


By the Numbers:

Ohio’s Convenience Store Industry

Convenience stores are everywhere. There are 5,182 convenience stores in Ohio—one per every 2,227 people. These stores provided more than 55,965 jobs last year across the state. In the United States there are 144,541 convenience stores. Competing channels have far fewer stores, according to Nielsen TDLinx, such as supermarkets (35,612 stores), drug stores (37,654 stores) and mass merchandiser/dollar stores (27,247). Convenience stores are America’s fueling station. Convenience stores sell the majority of gasoline

purchased in the country— approximately 80 percent of all fuel sold in the United States. A total of 4,035 convenience stores sell motor fuels in Ohio, accounting for 5.9 billion gallons sold in 2009. Overall, 78 percent of all convenience stores in Ohio sell motor fuels. Consumers are embracing convenience stores like never before. Cumulatively, convenience stores in Ohio serve more than 5.88 million customers every day. An average store selling fuel has around 1,135 customers per day, or more than 400,000 per year. Convenience stores have robust sales. In Ohio, convenience stores had sales of approximately $21.28 billion in 2009. Overall, U.S. convenience stores had $511 billion in sales—nearly equal the sales of the country’s supermarkets

($556 billion) and the predicted 2010 sales in restaurants ($580 billion), and far greater than drug stores ($218 billion). Convenience stores sell time. Convenience stores offer speed of service to time-starved consumers who want to get in and out of the store quickly. These shoppers recognize this channel of trade for its convenient locations, extended hours of operation, one-stop shopping, graband-go foodservice, variety of merchandise and fast transactions. A NACS speed metrics study found that it takes customers, on average, 3 minutes and 33 seconds from the time they leave their cars until the time they get back in their cars with a purchase. No other channel comes close.

INDUSTRY FACTS

Convenience store sales, both at the pump and inside the store, set new records in 2011, according to data recently released by NACS. Take a look at Ohio’s convenience store industry by the numbers.

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POWERFUL PARTNERSHIP

Partnering As the OPMCA celebrates nine decades of advocacy and continued support for the petroleum and convenience industry, it is important to remember that this celebration is about relationships: relationships with people and organizations. In the late 1990’s the Ohio Petroleum Contractors Association (OPCA) hired the OPMCA to manage its statewide trade association. Now, nearly 15 years later, OPCA leaders reflect on a partnership designed to fuel Ohio’s future. “The OPCA’s relationship with the OPMCA is a win-win for both organizations. OPCA is comprised of small privately held businesses that exemplify the entrepreneurial spirit of America.

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We are businesses critical to fueling Ohio’s future, and those with little time to monitor proposed legislation or regulation impacting our businesses or our customer’s business. Aligning with OPMCA affords our organization with a collective voice—a seat at the “right” table in order to be heard. Continuously educating our employees on the ever changing technical nature of the industry is a challenge. Being prepared for the here and now and up-tospeed on the latest trends is key. OPMCA’s management ensures we have the information we need at our fingertips. Contractors who don’t invest in OPCA are unlikely to have to the substantive knowledge on current issues required to satisfy customer expectations. It’s that simple.

Credible, experienced management makes sure OPCA is influential and effective. It ensures we meet the needs of members. Both OPMCA and OPCA recognize how we help each other, and we remain committed to continued collaboration and success.” William C. Morgan Collins Equipment Corp. Current OPCA Board President “Prior to our association with the OPMCA, we rarely had an opportunity to discuss the development of rules and regulations so as to ensure fair representation and discuss any uncertainties of the members. Our relationship with OPMCA has allowed us that opportunity, and it has been beneficial to both contractors and tank owners. We appreciate OPMCA’s strength in bringing us important and timely


to Fuel

POWERFUL PARTNERSHIP

OPCA

Ohio’s Future news and their assistance in dealing with ambiguity where a response from the regulators is required. We thank OPMCA for this help in better representing our members.” Dave Mitchell, President Reliable Construction Services “Since the OPMCA was contracted to manage the OPCA, the OPCA was given instant credibility within the petroleum marketing community. The typical OPCA member is a relatively small company without the resources to get their “voice” heard in state and federal government. As an organization, and more importantly with a focused leadership, the OPCA member now has a collective voice to ensure they are heard and represented fairly. I honestly

doubt the OPCA organization would still be around today if not for the help of the OPMCA.” David Dean Buckeye Oil Equipment Co. “The OPMCA and OPCA are vital to Ohio’s economy by providing a consistent and convenient supply of motor fuels and other petroleum products to state businesses and residents. These trade organizations are essential in ensuring their members remain viable businesses that are regulated in a fair and consistent manner with a common voice in state and federal government. Further, the OPMCA and OPCA ultimately have a symbiotic relationship; the suppliers of petroleum products rely on

the contractors to provide cost effective, quality equipment and services necessary to conduct their business and the contractors rely on the suppliers to purchase their equipment and services and be fairly compensated. This relationship has been essential in the development of reasonable and progressive environmental regulations over the past 20 years. The success of the OPMCA’s management of the OPCA is due to both organizations having similar goals and objectives, and the ability of OPMCA to provide quality representation, management services and support in a cost effective manner. “ James R. Rocco Sage Risk Solutions LLC l May/June 2012

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OPMCA Announces Two New Members to the Team The Ohio Petroleum Marketers and Convenience Store Association (OPMCA) recently announced its newest members to the energized, modern team. The OPMCA named Stephanie Aubill as director of marketing and communications and Erica Metzger as executive assistant.

NEW HIRES

previously served as an intern for the event planning office where she offered valuable support in the preparation for the annual Midwest Petroleum and Convenience Store Tradeshow (M-PACT). She is a resident of Clintonville, Ohio. Erica can be reached at (614) 947-8646 ext. 5 or via email at emetzger@opmca.org.

In her role with the OPMCA, Ms. Aubill will oversee internal and external association communications as well as publication development, media and public relations. “Stephanie’s solid understanding of communications will be an asset to the OPMCA and our members,” said Jennifer Rhoads, OPMCA President and CEO, “and she will play a key role as we continue the association’s transformation to drive Ohio forward.” Stephanie has previous experience in working with nonprofit marketing efforts and will bring a valuable skill set to the OPMCA team, including community outreach, print and digital media publications. She currently resides in Bexley, Ohio. Stephanie can be reached at (614) 947-8646 ext. 4 or via email at saubill@opmca.org.

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Ms. Metzger will oversee the day-to-day operations in the office of the President and CEO including scheduling, meeting planning, and coordination of association-related activities. “I am very pleased to have her as a part of the new, modern team,” said Jennifer, “Erica brings valuable experience to the office and is well-suited in fulfilling the current and future needs of our association.” Erica recently graduated from the Ohio State University and

In existence since 1922, the Ohio Petroleum Marketers and Convenience Store Association is the statewide trade association representing more than 500 independent small businesses in the petroleum and convenience industry. OPMCA’s members own and operate the overwhelming majority of Ohio’s 5,200 convenience stores and employ more than 55,000 Ohioans. Members on the wholesale side of the industry employ thousands more in commercial fueling facilities, transportation divisions, heating oil sales, and home offices.


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FUTURE FUELS

An Affordable,

Domestic Fuel Alternative for Ohio Convenience Stores By Charlie Riedl Chesapeake Energy Corporation Market Development Manager— Natural Gas Vehicles Summer tends to bring out the best in life for consumers and convenience stores alike. After all, it is the season of sun, travel and Slurpees. Summer’s one blind spot, however, is its history of high gasoline prices. Another summer, another spike for already frustrated consumers. Fortunately, we have a domestic energy solution—natural gas—that promises both price stability and affordability, with better bottom lines for convenience store owners. The solution is rooted in Ohio, in the Utica Shale formation, a play expected to become a major energy producer for decades to come. Natural gas can transform our transportation market and

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enable retailers to serve a more diverse customer base. Until recently, the adoption of liquefied natural gas (LNG) and compressed natural gas (CNG) as fueling options was often a response to environmental concerns. Having CNG vehicles at the airport, shipping ports and transit agencies reduces smogproducing pollutants and cuts greenhouse gases compared to diesel and gasoline engines. While those environmental benefits still exist, the affordability of natural gas as a transportation fuel is now also a driving factor to market adoption. Specific advantages of CNG include: • Affordability: CNG typically costs half the price of gasoline. • Abundance: CNG is a domestically produced fuel.

There is more than 100 years’ worth of natural gas in the United States. • Cleaner Burning: CNG produces up to 30 percent less carbon dioxide emissions, up to 75 percent less carbon monoxide and 95 percent less particulate matter than gasoline.

Benefits for Convenience Stores

Beyond CNG’s general benefits, the fuel offers a major financial boost for retailers. CNG provides a wider profit margin than gasoline or diesel and is cleaner at the pump. Retailers that are early adopters of CNG establish loyal customer bases and differentiate their stations from others in the area. Also, many current CNG customers drive fleet vehicles and typically spend more money in-store than average consumers.


Left: Big Blue, Chesapeake Energy Corporation’s CNG motor coach, regularly tours the country showcasing the versatility of natural gas as a transportation fuel. In this photo, Big Blue refuels at a Clean Energy station. Photo courtesy of Chesapeake Energy Corporation.

Automakers Support CNG

The Chrysler Group recently announced plans to build out 2,000 heavy-duty bi-fuel trucks by the summer of 2012. General Motors also announced it will begin selling bi-fuel pickup trucks in the fourth quarter of 2012. Bi-fuel vehicles are propelled by both CNG and gasoline— helping to address one of the shortcomings of a vehicle’s overall fuel range. Chrysler’s new truck will travel 255 miles on CNG fuel before automatically switching to an eight-gallon gasoline tank for an additional 112 miles. GM’s trucks will travel up to 650 miles using both fuels.

On the passenger side, Honda Motor Co. has sold a natural gas-only Civic passenger car for years, which is available at 200 dealers in 38 U.S. states. Interest in the car continues to increase, and Green Car Journal ranked the Honda Civic Natural Gas as the 2012 Green Car of the Year.

Fleets Driving Demand for CNG

Both national and local fleets have committed to converting their vehicles to run on natural gas, persuaded primarily by CNG’s affordability and price stability. Specifically for this audience, several local fleets are now running on CNG. J&J Refuse, serving northeast Ohio, has 39 natural gas-fueled trucks in operation, while Smith Dairy in Orrville, Ohio is converting its entire fleet and plans to open a public access fueling station in August 2012.

Opportunity for Ohio Convenience Stores

As fleet demands increase, infrastructure builds will lead to continued market adoption beyond the fleet audience. In the next five years, we expect significant growth in both fleet and passenger natural gas vehicles. Now is a good time to become familiar with CNG and identify opportunities for your business and customers. Visit www.ngvamerica.org for more information, or www.cngnow.com. ▲▼▲▼▲▼▲▼▲▼▲▼▲▼▲▼

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Chesapeake Energy Corporation is also pacing conversion. As one of the nation’s leading explorers and producers of natural gas, we are accelerating plans to convert nearly 6,000 light-duty vehicles in our fleet to run on natural gas. More than 100 of these vehicles will be on Ohio roads, thanks to our operations in the Utica Shale. Along with its fleet conversion, Chesapeake will partner with local retailers to bring CNG fueling stations to the state.

Governments and municipalities are also endorsing CNG. Both the city of Columbus and the city of Dublin have nearly 70 CNG-powered vehicles between them. Canton’s city bus system currently has 9 busses running on natural gas with plans to convert the entire fleet. Governor John Kasich was one of the first governors to sign a memo of understanding calling for automakers to create natural gas vehicles for government fleet use. His memo stated his commitment to purchase natural gas vehicles if economically feasible.

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Ford Motor Co. has taken a different approach. It offers “CNG prep” engines, which are engines that can more readily be converted to natural gas after production. Ford has also selected several companies that have earned “qualified vehicle modifier” status to convert gasoline vehicles after production to operate as either dedicated or bi-fuel natural gas vehicles. Six vehicles, including fleet transit trucks,

currently can be ordered with CNG prep engines. Later this year, CNG will be offered for some of the company’s pickup trucks.

FUTURE FUELS

While I am certainly an advocate for CNG, I also recognize that utilizing CNG fueling equipment is a significant investment that requires recognizable demand. Fortunately, the natural gas vehicle market is at a major turning point. The “big three” automakers have endorsed the CNG market while fleets are leading adoption and driving demand.

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3 Options for Summer Help

SUMMER HELP

by Matt Austin Austin Legal, LLC

‘Tis the season for summer help. High school and college students enter the workforce in droves and remain fixtures inside many companies until the autumn air reminds them that they would rather be in school. And back to school they return. For a few short months each year employers enjoy having these workers for many reasons, including reduced labor costs, instilling values in America’s youth, and prospecting future full-time employees. There are three main types of obtaining summer help outside of a traditional employer/employee relationship: 1) hiring minors; 2) hiring interns; and 3) hiring independent contractors. The lawyer in me needs to warn companies that hiring high school and college students in any of the capacities above are not without legal hurdles.

1. Hiring Minors

Employers are sometimes permitted to pay minors a “youth minimum wage” which is lower than the federal and state minimum wage. Youth minimum wages, if applicable, can be paid for 90 days from the first day

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the minor reports to work­—and isn’t that pretty much the whole summer, anyway? The law breaks minors into two groups for employment purposes—ages 14-15 and 16-17. Federal law prohibits hiring minors who are under 14 except for very limited purposes; one exception is to work in businesses owned by their parents. Although different rules apply during school days, this article focuses on times when school is not in session, like the summer. Paperwork Workers ages 14-15 always need a work permit. Workers who are 16-17 do not need a permit to work when school is not in session. When 16-17 year old workers do not have a work permit, the employer must obtain signed consent from a parent or guardian approving the working relationship of the minor. All workers ages 14-17 must have a wage agreement setting for the amount of pay the minor will receive. This document must break down wages or compensation for each day, month, year, or per piece of work performed. Time records showing the minor’s actual starting and stopping time of each period of work and rest must be kept—and they must be kept for 2 years after the minor stops working for the company or is no longer a minor. The State of Ohio Minor Labor Laws poster must be hung in a conspicuous place that is

frequented by minors, and a list naming all of the minors working at that location should be next to the labor law poster. Work Schedule Work schedules for minors depend on whether the minor is 14-15 or 16-17 years old and whether school is in session. Again, this article deals with times when school is not in session. During the summer, minors who are 14-15 are prohibited from working between 9:00pm and 7:00am, more than 8 hours per day, more than 40 hours per week, and more than 5 consecutive hours without a 30-minute rest period. Minors who are 16-17 are not restricted in the time of day, length of work day, or in the number of hours they work per week. However, 16-17 year old employees must also receive a 30-minute break after 5 consecutive hours of work. Job Restrictions While the list of jobs that minors are prohibited from performing is extensive, below are some of the common jobs relevant to your industry. All minors ages 14-17 are prohibited from: • participating in the manufacturing and storage of chemicals or explosives; • being exposed to radioactive or ionizing radiation substances; • working in excavating, wrecking, or demolition; and • working with power-driven and hoisting apparatus equipment.


Minors who are 14-15 years old are further prohibited from:

• working in boilers or engine rooms; • performing maintenance or repair of machinery; • loading/unloading goods to and from trucks, railroad cars, or conveyors;

Employers who comply with each of the above requirements can enjoy a summer of free labor. I mean, employers who safely comply with each of the above requirements can enjoy a summer of training the future of America free from having to pay wages, overtime, or benefits. But seriously, I know of law firms created specifically to catch employers that improperly use or pay interns; don’t let your company be the target of these law firms.

The Fair Labor Standards Act governs paying employees and not paying interns. Each of the following six criteria must be met in order to qualify a worker as an intern.

a. The internship, even though it includes actual operation • working with cars and trucks of the employer’s involving pits, racks, or lifting Date:facilities,2/2/2011 3. Hiring Independent is similar to training which apparatus; and 5174ÊSinclairÊRoad Englefield Oil Co Customer: would be given in an Phone (614) 895-0233 • Fax (614) 895-0788 Contractors • inflating tires mounted on rims educational environment; One of the most hotly litigated with a removableNOTES: retaining pg1 ring. areas of employment law b. The internship experience is is whether a worker is an for the benefit of the intern; 2.5” 2” I had my first job when I was 15— independent contractor or an even though it involved dipping c. The intern does not displace employee. Companies desire my bare hand in gasoline before regular employees but works workers to be independent picking duct tape off of a door— under close supervision of contractors because the and I learned a lot of valuable existing staff; companies are not required lessons that summer. So even d. The employer that provides to pay overtime or taxes for though hiring minors is more the training derives no independent contractors. administratively challenging, immediate advantage from Workers, on the other hand, instilling hard work in teenagers the activities of the intern; and want to be employees so they can be rewarding. on occasion its operations are entitled to overtime, workers may actually be impeded; compensation, unemployment 2. Hiring Interns e. The intern is not necessarily and benefits, if applicable. Often Many employers want to create entitled to a job at the the status of whether a worker is internships because they see conclusion of the internship; and an independent contractor or an internships as a legal way to get employee is not tested until after f. The employer and the intern free labor. These employers know the worker no longer works understand that the intern is the law requires them to pay an not entitled to wages for the employee no less than minimum 2/2/2011 Date: Continued on page 14… time spent in the internship. 5174ÊSinclairÊRoad

1.75”

1.5”

Phone (614) 895-0233 • Fax (614) 895-0788

1.25” Customer:

Englefield Oil Co

SUMMER HELP

• working in manufacturing and warehouse occupations (except office and clerical work);

wage for all hours worked and time and one half for hours worked in excess of 40 hours per week—unless that employee is an intern.

1”

NOTES: pg1

2.5”

2”

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PLEASE REVIEW THIS PROOF WITH CARE

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3 Alternative Hires For Summer Help—Continued from page 13…

SUMMER HELP

for the company—frequently claiming unpaid overtime after being terminated. The IRS has several factors that go into determining whether someone is an employee or independent contractor. Combined, these factors establish that the more control a company has over the worker, the more likely the worker is an employee and not an independent contractor.

in the mornings, afternoons, evenings, or all three. He is free to paint as many different homes as he wants, and he may or may not have employees who help him and whose labor he directs. In the end, I pay him a flat rate and he moves onto the next house. He has a company that is incorporated, markets his services to the public, and pays his own taxes. That is an independent contractor.

I use the following house painter example with my clients. When I hire someone to paint my house, I hire an independent contractor. The painter uses his own brushes, drop clothes, and ladder. He decides whether to start with the trim or the walls. He decides whether to work on my house

Now look at your independent contractor agreements. If your independent contractors are not as autonomous as the above house painter, you may want to consider changing the scope of the relationship—by either providing more independence or hiring the person as an employee.

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For a few short months each year employers enjoy having these workers for many reasons, including reduced labor costs, instilling values in America’s youth, and prospecting future fulltime employees. Matt Austin is a Columbus, Ohio labor lawyer who owns Austin Legal, LLC, a boutique law firm that limits its representation to employers dealing with labor, employment, and OSHA matters. Matt can be reached by email at Matt.Austin@Austin-Legal.com or by phone at 614.285.5342.


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EVOLUTION

Evolutio of Petroleum and

1920’s 1922 Formation of the Ohio Petroleum Marketers Association. Wayne Hughes appointed to serve as Executive Secretary.

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1930’s 1926 Wayne Hughes resigns. W.A. Milne appointed to serve as Executive Secretary.

1930 OPMA releases firstever study outlining the number of retail gas stations by county in the State of Ohio.

1932 W.A. Milne resigns. Robert Warfel appointed to replace Milne as Executive Secretary.

1933 Ohio General Assembly enacts temporary liquid fuel tax of 1 cent per gallon. General Assembly extends sunset through 1949. Tax supports general revenue fund primarily. Limited funds support improving Ohio roads.


By the Decades

Ohio’s petroleum and convenience industry has seen dynamic change over the past nine decades. Yet, the OPMCA’s focus endures still today—to maintain a business climate where members’ companies can grow and prosper. While each OPMCA member company has a different story to tell, all remain committed to one fundamental premise: strength in numbers. A strong collective voice is essential to protect as well as advance the interests of Ohio’s petroleum and convenience industry. Take a look at some of the key events that shaped Ohio’s petroleum and convenience industry, and the OPMCA, over the past 90 years. Consider the possible outcomes without the advocacy, education, and support of a strong statewide trade association.

on

12th Annual Convention, Ohio Petroleum Marketers Association, Columbus, Ohio, February 13, 1935

Convenience in Ohio 1940’s 1941 OPMA Board votes to commit the association to a “determined policy to help achieve victory over enemies of the US.” OPMA plays pivotal role in federal and state relationship on shortages, rationing, apportionment of products, and public relations.

1947 Ohio voters adopt by initiative petition Article XII, Sec. A of the Ohio Constitution to ensure state motor fuel tax is distributed exclusively to fund improvement, construction, and repair of Ohio highways, roadways, and streets.

1949 The Ohio General Assembly authorizes creation of the Ohio Turnpike Commission. To fund the new superhighway, the Commission issued $326 million in revenue bonds; the Turnpike would be the biggest construction project in Ohio’s history to that time.

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Strategic Direction Driving OPMCA Forward

EVOLUTION

Who Governs?

Today, the OPMCA Board of Directors consists of twelve to fourteen active members. Twelve directors must be elected by the association’s active members at the annual meeting, and each serves a three-year term. The remaining two directors may be appointed to one-year terms at the discretion of the Chairman of the Board of Directors.

Today’s Board of Directors

Volunteer leaders are the lifeblood of trade associations, and your volunteer leaders take their roles in developing the strategic direction of the association seriously. The Board of Directors and Executive Committee represent a crosssection of the association’s active member company demographics, and bring geographic diversity to the strategic dialogue.

1950’s 1952 Robert Warfel dies. Clyde Wallingford appointed to serve as Executive Secretary.

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1955 The Ohio Turnpike project is complete. Opening Day traffic totaled 44,000 vehicles.

1960’s

1970’s

1962 Clyde Wallingford dies. Roger Dreyer appointed to serve as Executive Vice President.

1970 OPEC reduces production and places embargos on oil. The United States Environmental Protection Agency is established.

1973 Ohio voters approve the Ohio Lottery. 1977 Alaska Pipeline construction completed.


National Leadership Presence

EVOLUTION

As OPMCA evolved, national trade groups took notice of our leaders. Four industry leaders from Ohio impacted public policy at a national level in a way OPMCA never had before:

Petroleum Marketers Association of America (PMAA) Past Chairmen • W.G. Lyden II The Lyden Oil Company, 1978 • F.W. Englefield, III Englefield Oil Company, 1993 • Jeff Lykins The Lykins Companies, 2001

Society of Independent Gasoline Marketers of America (SIGMA) Past President • Mike Ports Ports Petroleum Company 2001-2003

1980’s 1985 U.S. EPA creates the Office of Underground Storage Tanks to carry out a Congressional mandate to develop and implement a regulatory program for underground storage tank (UST) systems.

1990’s 1987 The State Fire Marshal creates the Bureau of Underground Storage Tank Regulations (BUSTR) to implement the federal regulatory program for petroleum UST systems in Ohio.

1989 State Rep. Jack Cera introduces OPMA-developed UST Clean-Up Law, which establishes the Petroleum Underground Storage Tank Release Compensation Fund and a Board to oversee operations.

1995 Industry succeeds in effort to defeat proposed legislation to collect the state motor fuel tax at the terminal rack.

1998 Ohio Petroleum Contractors Association retains OPMA to manage its statewide trade group.

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EVOLUTION

Beyond

Over the past 90 years, the industry has seen remarkable change. Thankfully, the purpose and focus of OPMCA has largely stayed the same. From those earliest days when OPMCA was still young, the emphasis was on an industry coming together, sharing ideas, and speaking as best they could with one voice. Today, OPMCA focuses on delivering knowledge, connections, and advocacy to improve your business. It is the same mission, now 90 years later, but with significantly different delivery mechanisms. And when our history is written decades from now, we expect the same truths will remain.

Over the past 90 years, the industry has seen remarkable change. 2000’s to Present 2000 Board approves name change to the Ohio Petroleum Marketers & Convenience Store Association (OPMCA) to better reflect the composition of member companies.

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2002 OPMCA joins with Indiana, Illinois, and Kentucky to form the Midwest Petroleum & Convenience Tradeshow (M-PACT).

2005 Governor Taft signs into law tax reform package and creates Ohio’s gross receipts tax, the Commercial Activity Tax (CAT). Energy Policy Act of 2005, first major overhaul of the federal UST regulations in 20 years, enacted.

2009 Long-time president Roger F. Dreyer retires after nearly five decades of service. Jennifer Rhoads appointed to succeed Dreyer by unanimous Board vote.

2010 OPMCA develops and implements Legislative Listen & Learn Tour, where members educate legislators on complexities of the industry and implications of public policy on their small businesses.


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Commercial and Wholesale Lykins Oil Company Commercial and Wholesale Division provides commercial fuel sales, delivery and equipment solutions for customers purchasing quality gasoline, diesel fuels and environmentally friendly fuels for use in fleets, construction sites and farms. Lykins provides quality service and products 24/7 with the right price and the right program to fulfill your petroleum oil needs. Whether you have a 20,000 gallon or a 200 gallon tank, we deliver!

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M-PACT HIGHLIGHTS

M-PACT 2012 Connects Businesses. Fuels Success. The Midwest’s energy and convenience industry gathered in Indianapolis March 13-15th for yet another successful M-PACT Show. Considered to be the premier Midwest trade show, marketers and retailers in attendance learned business improvement strategies, discovered innovative products and services, engaged with current and prospective suppliers, listened to a remarkable keynote speaker, and forged key relationships with energy and convenience industry leaders from across the region. M-PACT 2012 welcomed Midwest propane marketers and retailers for the first time, and quadrupled its educational sessions. Record breaking numbers of attendees and exhibiting vendors embraced the latest tradeshow enhancements. “M-PACT continues to gain momentum! Frankly, I can’t afford to miss this show,” reported an attendee. The 4,000 plus energy and convenience professionals, who converged in Indianapolis in March, obviously agree. Check out highlights from M-PACT 2012 on the following pages.

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The OPMCA Board of Directors met on Tuesday, March 13th at the M-PACT Show to discuss a variety of industry and association-related issues.


Industry Luncheon “Don’t listen to those who say ‘if it ain’t broke, don’t fix it.’ If it ain’t broke—break it. Yes, break it. Break it and find ways to do it better now.” Jim Tressel

Celebrating 10 years of Connecting Business and Fueling Success, M-PACT proudly welcomed five-time National Champion Collegiate Football Coach, Jim Tressel, to deliver the keynote speech at the 2012 Industry Luncheon. No stranger to success, Tressel shared insights from his playbook as a four-time National Coach of the Year, a ten-time Ohio Coach of the Year, and winner of four Division I-AA and one Division I-A National Championships. In the same senatorial-like demeanor for which he is known on the sidelines, Coach Tressel extended sincere gratitude to Midwest marketers and retailers for the opportunity to share insight from his own journey of success. “Frankly, not too many people care to hear the insight of a football coach, who’s been fired twice in seven months.” A New York Times bestselling author himself, Tressel recommended the audience

to read “The Traveler’s Gift” by Andy Andrews. The book tells the tragedy of its hero, whose woes begin when he loses his job, his confidence and essentially his drive for living. After a succession of losses, he is rendered unconscious after a car accident and is magically transported into seven key points in history. At each stopping point, he is met by historical figures such as Abraham Lincoln, Anne Frank, King Solomon, Harry Truman and Christopher Columbus, each of whom imparts one of the seven key decisions that Andrews asserts are essential for personal success. Tressel praised Andrews’ skill in delivering a simple, but powerful message to readers—we all must do our part in making our future happen. Overcoming obstacles is part of life, according to Tressel, but everyone needs positive suggestions for overcoming them. The road to success can be difficult and even the most seasoned leaders can find themselves in need of motivation. Coach Tressel emphasized the

power of positive thinking and the role it has played in achieving his own success—personally and professionally. “And, adopting an attitude of gratitude will make sure you can remain steadfast against the odds.”

M-PACT HIGHLIGHTS

M-PACT 2012

Coach Tressel urged Midwest marketers and retailers to never give up trying to do a better job in all that they do, but especially in business. “Don’t listen to those who say ‘if it ain’t broke, don’t fix it.’ If it ain’t broke—break it. Yes, break it. Break it and find ways to do it better now.” “Guts, determination, risk, and perseverance—these attributes are the cornerstone of Jim Tressel’s accomplished career,” said Jennifer Breech Rhoads, president and CEO of the Ohio Petroleum Marketers and Convenience Store Association (OPMCA). “This audience of entrepreneurs was thrilled to hear Coach Tressel’s story—how he reached his highest goals while inspiring others to achieve the same.” l May/June 2012

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M-PACT 2012 Seminar Summary

M-PACT HIGHLIGHTS

The Future of Transportation Fuels Jeff Lenard, National Association of Convenience Stores First, the good news: 96 percent of the transportation BTUs in the United States by 2035 will be liquid, and convenience retailers are well equipped to continue to serve the country’s fueling news. But there remain many challenges for fuels retailers in the coming years as legislators seek to reduce the country’s reliance on petroleum and imported oil. Proposed Corporate Average Fuel Economy (CAFE) standards that are expected to be finalized this summer will mandate a minimum of 54.5 miles per gallon

for light-duty vehicles by 2025. Based on current standards, this means that by 2025 you could see fuel volumes decrease by 36 percent. And as the country’s fleet fully turns over by around 2040, consumption could be down by 65 percent. What will you do to replace these sales?

There remain many challenges for fuels retailers in the coming years as legislators seek to reduce the country’s reliance on petroleum and imported oil. Then there is the Renewable Fuels Standard, which requires that 36 billion gallons of renewable fuels be mixed into the transportation fuel market

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by 2022. When enacted in 2007, this was estimated to represent 20 to 25 percent of total fuels volume, but demand decreases from CAFE standards could bump renewables to around 40 percent of the country’s fuels. Meanwhile, the United States will hit a “blend wall” this year and not meet current expectations for renewables in the marketplace. How will we get there? Fuel retailing over the next decade will also represent opportunities. Diesel fuel demand will increase, and you may be able to grow these sales. Other new fueling options, such as natural gas and hydrogen, will likely remain niche options. What all of this means is that fuels retailers will need to continue to communicate their voices to legislators so that their expertise is taken into account as our country’s fueling future is being determined.


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M-PACT 2012 Seminar Summary

In the Blink of an Eye: M-PACT HIGHLIGHTS

How to Prevent Distracted Driving Dave Cameron, Federated Insurance

National Accounts for Federated Insurance made a return visit to this year’s Midwest Petroleum and Convenience Tradeshow (M-PACT) in Indianapolis. Nearly one hundred energized attendees heard Dave’s message on distracted driving. The presentation, In the Blink of an Eye, focused on the growing epidemic of distracted driving, and the sometimes horrifying results behind-the-wheel distractions can cause. Cameron opened the session with Federated claims data showing industry loss trends, which indicate that commercial auto liability accounts for 50% of all losses reported to Federated by the industry. He then highlighted the types of distractions drivers engage in most frequently. Not surprisingly, cell phones and texting are at the

top of the list. However, state and federal cell phone and texting bans for drivers are becoming more commonplace, and a new, across-the-board cell phone ban for all CDL drivers was recently enacted by the Department of Transportation.

computer-based training module is now available. Federated is also offering a 2½-day Designated Risk Manager seminar for petroleum marketers, to be held at Federated’s Home Office in Owatonna, Minnesota, in September.

The presentation included some alarming photos of actual accidents caused by distracted drivers. The presentation was accented by the In the Blink of an Eye video, which features personal experiences of people directly affected by distracted driving.

M-PACT attendees can contact their local Federated representative to discuss any of the loss control resources mentioned above. If you do not know who your local representative is, call 1.800.533.0472, or visit Federated’s web site at www. federatedinsurance.com.

Dave finished by sharing some best practices and recommendations for business owners to use to create or enforce their company’s distracted driving policy. He also announced that Federated’s updated distracted driver prevention program and

This article is for general information and risk prevention only. The content herein is accurate as of March 2012 and is subject to change. © 2012 Federated Mutual Insurance Company. All rights reserved. l May/June 2012

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CAPITOL BLEND

2012 Elections: Start of Campaign Season Sparks Legislative Activity of Representatives and Senate to request legislation requiring ODOT to submit fee changes to the standard rulemaking process, rather than allowing the director to increase fees at his discretion.

by David Biemel Vice President, OPMCA Summer is here and government activity usually slows down as elected officials begin focusing on their fall campaigns for reelection. With that in mind, there has been a flurry of recent activity and a promise of more action through at least the early summer.

Business Logo Sign Program Fees

As first reported in the Summer 2011 edition of the Marketer, OPMCA has fought back against an effort by the Ohio Department of Transportation (ODOT) to massively increase the fees required to participate in the business logo sign program, which allows companies to place their logos on signs on interstate exit ramps. ODOT had originally planned to more than double the participation fees, without allowing for any public comment or negotiation. Working with our friends in the restaurant and lodging industries, we met with members of the Ohio House

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Through many months of hard work, our coalition was able to persuade Representative Cheryl Grossman (R-Grove City) to introduce legislation to make this change. Ultimately, this legislation was amended into Substitute Senate Bill 179, which was passed by the Ohio General Assembly in late March and signed by Governor John Kasich in early April. While ODOT will still be able to propose fee increases in the future, our industry will now be able to oppose those increases. Additionally, ODOT will need to affirm that the proposed increases will not unduly burden businesses before the department seeks approval from a joint legislative oversight committee. This process will ensure transparency and fairness for all.

Mid Biennium Review Provisions

Currently, the legislature is vetting Governor Kasich’s Mid Biennium Review (MBR), a set of 10 bills totaling some 2,800 pages. The bills will be heard in a variety of committees and cover a range of topics, including appropriations, veteran’s services, tax appeals and general tax code changes, local government issues, land conveyances and a new program to provide realtime traffic conditions and

travel time information. While most provisions in the MBR are noncontroversial, others have raised a significant amount of interest. The most controversial provision raises the severance tax on oil and gas production (in anticipation of expanded hydraulic fracking in the Utica shale deposits in eastern Ohio) and uses the increased revenue to provide an income tax reduction for individuals. Several of the MBR bills have been approved by the legislature, with more action expected throughout the summer.

Ohio’s Elections Laws

Finally, Governor Kasich recently signed yet another bill modifying Ohio’s elections laws. Unlike recent elections bills, this version contained mostly noncontroversial provisions, with the most contentious aspect of the bill being that it does not provide for in-person voting in the three days before Election Day. Some elections watchdog groups and many Democratic officials fear that reopening the elections statute so close to a major election and removing in-person voting will increase voter confusion come November, leading to questionable election results. While an election year generally means a quieter state government, political leaders this year seem intent on staying busy. Much can happen between the introduction and the final passage of a bill, but one thing is certain: This legislative year will be worth the price of admission.


The Ohio Environmental Protection Agency (Ohio EPA) recently announced a new gasoline-dispensing facility (GDF) enforcement penalty policy. The decision to revise the policy comes in response to concerns raised by OPMCA to Ohio EPA about the inherent unfairness of the former penalty policy. OPMCA members continued to be plagued with enforcement actions resulting from testing failures that could neither have been prevented nor rectified by OPMCA member companies. The jury is still out as to the effects of the new policy; nevertheless, OPMCA appreciates Ohio EPA’s willingness to engage in fruitful dialogue about former penalty policy and to work with stakeholders to improve the policy.

uncooperative. For those GDF owners who demonstrate a good faith effort to fulfill Stage II compliance testing requirements, enforcement discretion should be exercised by field inspectors.

OPMCA appreciates Ohio EPA’s willingness to engage in fruitful dialogue about former penalty policy and to work with stakeholders

STAGE II VIOLATIONS

Ohio EPA Revises Enforcement Policy for Stage II Violations

The revised penalty policy is already in effect. Any OPMCA member company currently involved in dialogue with Ohio EPA regarding a Stage II testing violation should contact David Biemel, Vice President, at dbiemel@opmca.org, to receive a copy of the new policy. This new policy applies to all active cases and may be useful to members’ efforts to mitigate, or even eliminate, any potential penalties.

to improve the policy.

SHALE OIL AND GAS BROWNFIELDS

The new policy provides clarification to field inspectors, and it instructs them that penalties are to be imposed only for the GDFs with the worst compliance records and whose owners do not respond to Ohio EPA or are otherwise

WASTE MANAGEMENT ENVIRONMENTAL ALTERNATIVE ENERGY www.hullinc.com

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CHAIRMAN’S VIEW

Why Advocacy Matters Involvement Increases Influence opinions of many state legislators. They are beginning to get it, they are beginning to understand how heavily the CAT affects the petroleum and convenience industry, and they are beginning to see the simplicity and value in our requested change to how the CAT is collected—a change developed by the OPMCA back in 2004. I will soon be passing the gavel to a new OPMCA chairman, and adding my name to a prestigious list of past chairmen who have led our association to many victories over the years. While reflecting on my time as chairman, it occurred that when I was first elected to the Board of Directors in 2003, a proposed major change to Ohio’s tax code, the Business Activity Tax (BAT), was first being promoted by the Ohio General Assembly. The BAT eventually evolved into the Commercial Activity Tax (CAT), a tax that continues to be the bane of our industry. Now, nine years later, the CAT continues to be a central point of focus for our association’s advocacy efforts. As we have seen since the CAT was implemented, there are many ways for the association and its members to engage on behalf of our industry; phone calls, emails, letters; the association’s Legislative Listen & Learn Tour; informal encounters with our elected officials in our local communities. Each of these further develops government support for modifying the CAT to the benefit of our industry. While we have yet to achieve the legislative change we seek, we have made great inroads. I have seen first hand the evolving 32 May/June 2012 l

We have learned the value of strength in numbers, of all of us working toward a common goal. We have also learned that the fights worth fighting take a lot of time, effort and funding. Moving forward, there is no doubt in my mind that our industry can–and will–mobilize when we need to positively influence the outcome of issues affecting our operations and our livelihoods, including the CAT. The battle over the CAT has also increased our visibility and influence around Capitol Square. Whereas in the past, legislators needing information or assistance would have called associations representing other aspects of the petroleum industry, now they contact OPMCA when they have questions about the small businesses fueling their communities. They respect the timely and accurate information that we provide and the professionalism with which we engage them. I am proud to be a part of OPMCA and the petroleum and convenience industry. I may be nearing the end of my chairmanship, but that does not mean that I am going to reduce my engagement with OPMCA and our grassroots activities.

I urge you all, if you are not already, to get involved–stay involved–and help our industry make its voice heard before the Ohio General Assembly. Mark your calendars now and plan on joining us in Columbus on February 26, 2013 for the OPMCA Legislative Reception. I look forward to seeing you there. And please, consider making a donation to the OPMCA PAC. It is an investment in our future. Kim Ullman 2010-2012 OPMCA Chairman President, Ullman Oil Company


OPMCA PAC Donors OPMCA PAC was founded in 2010 by OPMCA as the entity through which the association can legally contribute funds to political candidates supportive of the industry’s issues. OPMCA PAC thanks its contributors who made donations through May 31, 2012. For more information on the OPMCA PAC, or how political action committees(PAC) work, contact David Biemel at 614.947.8646 x3 or at dbiemel@opmca.org. Gary Gockstetter District Petroleum Products

Terry Santmyer Santmyer Oil Company

James Doersam Petron

Barry Henderson Ports Petroleum

Zach Santmyer Santmyer Oil Company

Greg Ehrlich Convevo Partners

Nancy Kister O & P Oil & Gas

Mike Stipp District Petroleum Products

Benjamin B. Englefield Englefield Oil Company

Dennis Knott Ney Oil Company

Scott Stipp District Petroleum Products

F.W. Englefield, III Englefield Oil Company

Mark Lyden truenorth

Kim Ullman Ullman Oil Company

F.W. Englefield, IV Englefield Oil Company

Jeff Lykins The Lykins Companies

Jed Wise Ravenna Oil Company

Patrick Gilligan Gilligan Oil Company

Jennifer Rhoads OPMCA

OPMCA PAC

Brian Burrow Campbell Oil Company

Join the OPMCA PAC Team! When it comes to politics, there is a great deal at stake for businesses in the petroleum marketing and retailing industry. By donating to the OPMCA PAC you are making a political statement that cannot be misinterpreted—you stand behind your industry and you support policymakers who understand our positions. OPMCA PAC supports and helps to elect decision makers who are responsive to the concerns of the petroleum and convenience industry, is active in alleviating restrictive statutory and regulatory burdens and is committed to promoting a strong free-market economy. Make sure you are authorized to contribute to OPMCA PAC by completing the OPMCA PAC Authorization Card below. OPMCA PAC is required by federal law to obtain valid written authorization from members that are designated by calendar year before OPMCA PAC may solicit personal contributions from members. Mail the completed authorization card to OPMCA PAC, 17 S. High St., Suite 810, Columbus, OH 43215. For more information on OPMCA PAC, please contact David Biemel at 614.947.8646 x3 or at dbiemel@opmca.org.

I Want to Join the Team! I hereby authorize the Ohio Petroleum Marketers & Convenience Store Association Political Action Committee to solicit me for personal contributions during the calendar year(s) indicated by my signature. I hereby authorize the Ohio Petroleum Marketers & Convenience Store Association Political Action Committee to solicit me and my company’s executive, professional, and administrative personnel for personal contributions during the calendar year(s) indicated by my signature. Authorized name and title (please print)

Date

Authorized signature and title (2012)

Company Name Authorized signature and title (2013) Address

Authorized signature and title (2014)

City, State, ZIP Authorized signature and title (2015)

l May/June 2012

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MEMBERS IN THE NEWS

Hartley Appointed to Board of Directors Board Chairman Kim Ullman recently appointed Doug Hartley, The Hartley Company, Cambridge, to a one-year term on the Board of Directors effective June 1, 2012. Doug Hartley is President of The Hartley Company, and marks the fifth generation of the Hartley family to lead the company. The Hartley Company was established in 1870 in Cambridge, Ohio, where the company remains

headquartered today. The Hartley Company operates over 100 retail stations and employs over 220 Ohioans.

in 2012 was promoted to Vice President of Operations. In March of 2012, Doug accepted his current position as President.

Doug began working in The Hartley Company’s maintenance department as a teen during the summer breaks, and accepted a full-time sales representative position in 1999. Over time his responsibilities evolved to also include management of the company’s marketing efforts and new construction projects. In 2006, Doug became Vice President of Marketing, and

He also serves on the Board of Directors for the Cambridge Area Chamber of Commerce, the Promotions Committee and Business Enhancement Committees for Cambridge Main Street, the steering committee for Guernsey Leadership. Doug resides in Cambridge with his four children: Colton Jones, Peyton, Dillon and Addison.

Rep. Gary Scherer Appointed to General Assembly Former member Gary Scherer was recently appointed to the Ohio House of Representatives to represent the 85th House District (Fayette County, and parts of Pickaway and Ross counties). A lifelong resident of Ohio, Scherer earned a B.S. in Accounting from The Ohio State University. Throughout his career, he has worked as a CPA, and has held majority ownership in Buckeye Tax Professionals since 1997. Rep. Scherer also served as president of Circleville Oil Company. “Working at Circleville Oil opened my eyes to the uniqueness of the petroleum 34

May/June 2012 l

marketing and retailing,” says Rep. Scherer. “As a result, I’m familiar with OPMCA members’ concerns. I look forward to learning more about current challenges and ways to help your small businesses prosper.” According to Scherer, Governor Kasich’s Common Sense Initiative affords decision-makers the right vantage point for looking at problems. “Placing ourselves in the shoes of Ohio businesses makes sure we better understand their struggles,” says Scherer. “It helps us to minimize the burdens imposed on businesses, not add to them. Ohio needs to be more business-friendly.” Scherer understands the role trade associations play in influencing public policy, and

urges members to get engaged. “Legislators consider so many issues every day. It’s a challenge to stay educated on the complexities of all the issues,” he says. “We need to hear from you, plus the OPMCA team, regularly. We need to hear your story or we can’t consider the impact policy will have your business.” Like many OPMCA members, Rep. Scherer remains active in his community. He served as president of the Circleville Rotary Club and the Circleville-Pickaway Chamber of Commerce, and currently resides in Circleville with his wife, Debbie. The OPMCA looks forward to working with Rep. Scherer during the rest of the 129th General Assembly.


BP Offers Northeast Ohio Marketers Better Performance In 2011, BP signed a three-year deal as the Official Fuel Provider of Cleveland Indians Baseball. The goal was simple: create a compelling offer that fuels fan excitement and leads to increased gasoline sales for BP’s Northeast Ohio marketers. The solution was even simpler: reward Indians fans for fueling-up at BP. The 2011 sponsorship activation included several exciting brand awareness elements at Progressive Field and featured summer-long advertising support, but the foundation of the program was the “BP Fuels the Indians” retail promotion. Fans could earn a pair of Indians tickets just by filling-up five times at BP. Each time fans filled-up with 10 gallons or more, they could go inside to receive a FuelUp card that revealed a unique code. After entering five codes online at BPIndiansBaseball.com, they received a password good for two upper deck or mezzanine tickets to an Indians game. It was simple, and it worked.

“The ‘BP Fuels the Indians’ promotion was one of the most mutually successful partner promotions we have ever activated,” said Ted Baugh, Director of Corporate Partnerships for the Cleveland Indians. “Our fans were excited to earn tickets and it helped locally owned and locally operated BP marketers sell a lot of gasoline.”

drive new consumers to BP sites, and increase our fuel volume.”

The promotion helped Northeast Ohio BP stations give away more than 42,000 Indians tickets, which is nearly the equivalent of filling every seat in Progressive Field with a BP customer. During the promotion, participating BP stations saw average gasoline sales increase by 4.36 percent compared to 2010, and sites outperformed competitors in the state of Ohio, on average, by 3.91 percent.

But this year, with the national launch of BP’s new Pump Rewards payment technology, fans can receive more than just Indians tickets. Northeast Ohio Indians fans will also have the power to lower the price of gas by using their BP VISA® and BP Card with Pump Rewards to earn unlimited cents-pergallon rebates and redeem them instantly at the pumps of participating BP gas stations.

“The Cleveland Indians sponsorship is just one way BP is differentiating itself in Northeast Ohio and helping to drive better performance at BP sites,” said Damon Cranford, Vice President Operations & Marketing for EZ Energy. “We saw first-hand how this promotion can excite fans,

Building on last year’s success, BP is once again giving fans the chance to earn Indians tickets. The 2012 ‘BP Fuels the Indians’ promotion runs from April 4 to June 5 at participating BP sites in Cleveland, Akron, Canton and Youngstown.

FOUNDERS’ CIRCLE

Cleveland Indians Sponsorship Drives Market-Leading Results

“It’s a great time to be a BPbranded marketer, especially in Northeast Ohio,” said Sue Hayden, Vice President of Sales at BP. “BP’s consumer offers have never been stronger, which we expect will continue to drive our market-leading results.” For more information about BP’s consumer offers, visit myBPstation.com. The Founders’ Circle is a new membership level that pays tribute to our association’s roots and recognizes power created by a strong collective voice as we help shape the future of Ohio’s small business petroleum and convenience industry. Its members are a distinguished group of partners who, like the founding members of the OPMCA, have demonstrated a heightened level commitment toward creating a positive business environment for our members and advancing our industry. Thank you to our Founders’ Circle members for your continued support.

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REGISTRATION FORM

Class A/B Operator Training for Ohio Hurry! Training deadline is August 8, 2012

Dates & Locations

The Ohio Petroleum Marketers & Convenience Store Association (OPMCA) partnered with Sage Risk Solutions and nationally recognized environmental consultant Jim Rocco to offer a cost-effective training solution for Ohio’s UST owners/operators.

Central Ohio

Monday, June 18, 2012 1:00 p.m. to 6:00 p.m. Longaberger Golf Club

(held in conjunction with OPMCA Annual Meeting)

One Long Drive Nashport, OH 43830

Toledo/Perrysburg

Tuesday, July 10, 2012 8:30 a.m. to 3:30 p.m. Hampton Inn & Suites Toledo 9753 Clark Drive Rossford, OH 43460

Medina

Thursday, July 12, 2012 8:30 a.m. to 3:30 p.m. Hampton Inn Medina 3073 Eastpointe Drive Medina, OH 44256

West Chester

Wednesday, July 25, 2012 8:30 a.m. to 3:30 p.m. Hampton Inn West Chester 9266 Schulze Drive West Chester, OH 45069

Who Should Attend

Every retail station and other UST site must identify and train a Class A, Class B, and Class C Operator for the site by August 8, 2012. These sessions are specifically designed to satisfy the training requirements for Class A/B Operators. Need to learn more about who’s who for Class A, B, and C Operators? Visit the Bureau of Underground Storage Tank Regulations online at http://www.com.ohio.gov/fire/ReleasePreventionInformation.aspx or call 614.752.7938. Still have questions? Contact David Biemel at 614.947.8646 x3 or at dbiemel@opmca.org.

Registration Requirements

The cost is $75 per person, including lunch and training manual. Please complete the registration form below and return to OPMCA, 17 S. High Street, Suite 810, Columbus, OH 43215 or fax to 614.947.8648. Make checks payable to OPMCA. We also accept credit cards – see form below. Substitutions accepted. No refunds if registrant fails to appear. For additional information, please contact Shane Schaefer at 614.947.8646 x7 or at sschaefer@opmca.org.

Class A/B Operator Training for Ohio Attendee Information FIRST

LAST

COMPANY

ADDRESS

PHONE

E-MAIL

Additional Attendees NAME

E-MAIL

NAME

E-MAIL

NAME

E-MAIL

NAME AS IT APPEARS ON CARD

CARD NUMBER (CCV)

SIGNATURE

EXPIRATION (MM/YY)

SECURITY CODE


17 S. High Street, Suite 810, Columbus, OH 43215

STANWADE TANKS & EQUIPMENT


May/June 2012