…The National Propane Gas Association’s PERC Selection
Committee, meeting via conference call, has chosen Eric Benson of J.S. West
& Co. (Modesto, Calif.) to serve on the Propane Education
& Research Council (PERC). Benson’s term extends to June 2011. He fills the
vacant marketer seat left by the departure of Mark Alexander, formerly of
Suburban Propane…
U.S. Sen. Lisa Murkowski (R-Alaska) on Jan. 21 introduced a
bipartisan disapproval resolution to stop the Environmental Protection Agency
(EPA) from regulating greenhouse gas emissions under the Clean Air Act. Sen.
Murkowski’s resolution, co-sponsored by 35 Republicans and three Democrats,
comes in the wake of EPA’s recent endangerment finding that greenhouse gas
emissions harm the public health (NEWSLETTER, Dec. 14, 2009).
Having EPA regulate greenhouse gas emissions under the Clean
Air Act will result in damaging new regulations that endanger the U.S. economy,
sponsors noted. “As the EPA moves closer and closer to issuing these
regulations, I continue to believe that this command-and-control approach is
our worst option for reducing the emissions blamed for climate change,” Sen.
Murkowski said.
Ms. Murkowski, the ranking Republican on the Senate Energy
and Natural Resources Committee, said the disapproval resolution is necessary to
avoid an “economic train wreck. Our bipartisan resolution deals with an
incredibly important question: whether or not members of this body are
comfortable with the actions EPA will take under its current interpretation of
the Clean Air Act. I’m not comfortable with those actions, and neither are the
senators who have already agreed to add their names to this effort.”
The Alaska
senator added that “the Clean Air Act was written by Congress to regulate
criteria pollutants, not greenhouse gases, and its implementation remains
subject to oversight and guidance from elected representatives. We should
continue our work to pass meaningful energy and climate legislation, but in the
meantime, we cannot turn a blind eye to EPA’s efforts to impose back-door
climate regulations with no input from Congress.”
Sen. Murkowski said EPA regulation could force businesses to
cut jobs or close their doors for good, as well as severely restrict domestic
energy production, thereby increasing dependence on foreign supplies, which threatens
national security. Such regulation would also make housing less affordable, and
consumer goods more expensive, she added.
Upon introduction, a disapproval resolution is referred to
the committee having jurisdiction, in this case the Senate Committee on
Environment and Public Works. If the committee does not favorably report the
resolution, it may be discharged upon petition by 30 senators. Once a
disapproval resolution is placed on the Senate calendar, it is then subject to
expedited consideration on the Senate floor, and not subject to filibuster.
As of Jan. 1, commercial driver’s license (CDL) holders in
Wisconsin who fail to appear, comply, and/or pay fines will be treated more
severely. A two-year disqualification will be imposed for CDL holders if the
state Department of Transportation receives notice of failure to appear to
contest a citation, failure to pay a judgment, or failure to comply with
penalties imposed by a court. Disqualification will be reduced to 30 days once
notice of compliance is received.
Another change effective Jan. 1 affects new Wisconsin
residents who apply for a CDL. Those convicted of a disqualifying offense in
another state while residing outside Wisconsin, and where the other
jurisdiction imposes a disqualification for that offense and the
disqualification period has expired, Wisconsin will not impose a new disqualification
as a result of that conviction.
In addition, administrative suspensions involving blood
alcohol content in any vehicle will now be treated as a conviction. For Wisconsin
CDL holders, disqualifications will be imposed for out-of-state administrative
suspensions. Disqualifications for out-of-service orders also increase. A
disqualification of two years will be imposed for two out-of-service
violations, and a disqualification of three years will result for three or more
out-of-service violations.
Disqualifications will be imposed for out-of-state
violations, and forfeitures for operating while ordered out-of-service increase
to $2500 for the first offense and $5000 for the second and subsequent offense
within 10 years.
Propane Engine Fuel Summit Set for March 3-4 in Virginia
BPN Staff—Jan 28, 2010
The 2010 Propane Engine Fuel Summit
will be held March 3-4 at the TV Worldwide studio outside Washington,
D.C. in Chantilly,
Va., near DullesInternationalAirport.
TV Worldwide’s state-of-the-art facility is one of the
largest dedicated Internet television studios in the U.S. Recognizing that
travel budgets are tight in the ongoing tough economic times, the propane
industry’s second summit will be Webcast live, enabling the event to be viewed
live anywhere in the world. In addition, participants will be able to pick and
choose what sessions to view, and all sessions will be recorded and archived.
For an upcoming event overview, registration information,
agenda, and hotel and travel information, visit www.propaneenginefuelsummit.com.
The National Propane Gas Association’s (NPGA) Technology,
Standards & Safety (TS&S) Committee has appointed a chairman’s task
force to study and develop a tentative interim amendment (TIA) regarding annual
monitoring of cathodic protection systems on underground propane installations.
At its last meeting during the development of the 2011
edition of NFPA 58, the National Fire Protection Association (NFPA) Technical
Committee on LPG accepted a comment drafted to modify NPGA’s proposal for
requiring cathodic protection on all underground tanks. The standard will
require the cathodic protection system be designed to any one of five different
standards published by the American Petroleum Institute, Underwriters
Laboratories, or the National Association of Corrosion Engineers.
The standard will be published with the requirement that all
cathodic protection systems be “monitored annually to verify the effectiveness
of the system.” This annual requirement was passed despite objections by NPGA
representatives on the technical committee. The task force is considering proposing
a three-year period for monitoring a cathodic system. Information available, such
as the requirements of the referenced standards and the requirements of the
Environmental Protection Agency, indicate that it may not be necessary to
impose such a short inspection period for monitoring.
The National Propane Gas Association’s (NPGA) executive
committee has unanimously approved an initiative to challenge the advertising
claims of a company operating in several Mid-Atlantic and Midwest
states before the Federal Trade Commission.
Claims that will be challenged include statements implying
significant health hazards associated with chemicals in propane, such as
olefin, which is false, says NPGA. The association explains that the olefin in
propane is propylene, and information provided through the Carcinogenic Potency
Project at the University
of California-Berkeley
shows propylene is not a carcinogenic substance. In addition, the material
safety data sheet for propylene lists it as non-carcinogenic.
The company also claims to sell HD-5 propane, which they
guarantee is olefin-free. This is misleading because HD-5 propane is allowed to
contain up to 5% propylene.
The association has made attempts to stop the misleading
claims through state associations and state attorneys general, with mixed
results. Executive committee members agreed that raising the issue formally
with the Federal Trade Commission could yield better results.
Superior Plus Buys Griffith Holdings For Reported $125 Million
BPN Staff—Jan 28, 2010
Superior Plus Corp. (Calgary)
has entered into a stock purchase agreement to acquire Griffith Holdings Inc. (Rochester, N.Y.),
a wholesale distributor of propane, fueloil, and motor fuels, for $125 million.
Griffith has 27
branch locations, 26 bulk storage facilities, and three storage terminals
providing 20 MMgal. of storage capacity. The company has approximately 400
delivery and service vehicles, and about 500 non-union employees.
“We are very pleased to continue to expand our refined fuel
distribution and energy services business in the northeastern United States as
part of Superior’s growth strategy,” said Superior chairman and CEO Grant
Billing. “The company’s operations in Upstate New York are an excellent
strategic fit and are complementary to Superior’s
Canadian propane distribution business, the Sunoco assets purchased on Sept.
30, 2009, and the Griffith Energy Services assets purchased on Dec. 11, 2009.”
In its announcement of the Griffith Holdings acquisition, Superior noted that the fueloil and propane distribution
business “is highly fragmented” throughout the northeastern U.S.
and eastern Canada. Superior
said it intends to pursue additional acquisition and consolidation
opportunities in the industry, enhance the propane and service offerings within
its northeastern U.S. refined fuels distribution
business, expand fueloil distribution at some of Superior’s
propane locations, and offer its fixed-price energy services to its propane and
fueloil customers.
Drivers quoted by trucking industry publications covering
the listening sessions conducted by the Federal Motor Carrier Safety
Administration (FMCSA) in late January are generally supporting the current
hours-of-service rule while calling for FMCSA to ensure more flexibility
regarding wait times and sleeper berth provisions in its rewrite.
Land Line magazine and Transport Topics report
drivers attending listening sessions in Arlington, Va. and Los Angeles backed
the current rule that expanded driving time to 11 hours within a 14-hour work
period before a mandated 10-hour rest period. Most were also in favor of
retaining the 34-hour restart provision that allows drivers to reset their
weekly driving allotments by taking an extended off-duty period.
However, drivers called for more flexibility in splitting
their 10-hour off-duty period in a sleeper berth into two periods. The current
rule stipulates that if a driver splits the mandatory 10-hour break, one period
must be at least eight hours long. They also drew attention to unpredictable
loading and unloading times that eat into their hours.
“Far and away the most significant unpredictable and
uncompensated activity that impacts most drivers’ days is waiting to load or
unload their vehicles,” said Rod Nofziger, director of government affairs for
the Owner-Operator Independent Drivers Association. His solution—give truckers
more flexibility within the hours of service regulations and be paid for all
work, not just driving.
FMCSA is in the process of taking the hours-of-service rule
through yet another rulemaking process after settling a lawsuit that challenged
the existing rule.
HHS Releases $490 Million In Emergency LIHEAP Funds
BPN Staff—Jan 28, 2010
The U.S. Department of Health & Human Services (HHS)
Jan. 25 released nearly $490 million in Low Income Home Energy Assistance
Program (LIHEAP) contingency funds to all states and to all direct-funded
tribes and territories. The funds were released in response to growing demands
on states and from households for assistance to pay heating and electric costs.
The contingency funds are in addition to basic LIHEAP
funding states receive automatically. HHS released $2.6 billion in October and
$1.2 billion Jan. 12 in regular block grants. The $490 million released Jan. 25
is from a $590-million LIHEAP contingency fund, leaving $100 million available
for unanticipated events in the contingency fund.
“During these tight economic times, states and communities
across the country have seen increased demand on key services, such as energy
assistance for low-income families,” said HHS secretary Kathleen Sebelius. “And
the record cold snap in places that traditionally don’t see weather as cold as
it has been this year has put even more pressure on families in these states.
The energy subsidies we are releasing today will help more families afford heat
and avert difficult choices too many Americans face between paying for heat and
paying for other essentials like food and medicine.”
LIHEAP helps eligible families pay for home heating,
cooling, and other energy costs, as well as helping to weatherize homes. More
than six million low-income households across the country receive assistance
under LIHEAP.
In total, Congress appropriated $5.1 billion for LIHEAP in
fiscal 2010. “We have made a decision to release a substantial portion of
available funding now to help children, seniors, and families struggling to
make ends meet,” said Carmen R. Nazario, HHS assistant secretary for children
and families. “At a time when unemployment is unacceptably high, this
assistance can provide a real helping hand to families hardest hit by the
recession.”
For a complete list of state allocations of funds released
Jan. 25, visit http://www.hhs.gov/children/liheap2010.html/.
ThompsonGas Propane Holdings LLC (Hagerstown, Md.) has
opened a propane rail terminal in Baltimore, Md. adjacent to the main CSX
switch yard. The new facility is capable of supplying an additional 500,000 to
600,000 gallons of propane per day to the region at a time when two refineries
have shut down in the Philadelphia market, the company notes.
“In addition to ThompsonGas using the facility to serve its
customers in the region, we are also allowing other propane marketers to use
the terminal to deliver their own propane or other natural gas liquids,” said
Randy Thompson, president and CEO. “This way the whole market benefits from the
use of this strategic propane supply point.”
Marketers or propane suppliers can discuss the use of the
rail facility by contacting Mark Zimora, executive vice president of
operations, at 301/432-3988.