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Victory Within Sight: Congress May Finally Get Tough on Dark Markets
As Economic Crisis Deepens Despite Bailout Attempts, Next Steps Questioned
Shipping Paper Requirements for Biodiesel Blended Fuels
How to List "BioHeat®" on Customer Delivery Tickets
Miss the last SPCC Webinar? Catch the Encore and Updated Webinar in November
NEFI Executive Committee Meeting (Closed) and NEFI Board of Directors' Meeting (Open) will be held on Thursday, October 23, 2008, at the ICPA Office, Cromwell, Conn.
NEFI Offers Free Drug/Alcohol Testing & EAP Seminar Nov. 13
Industry News
News From NEFI
News from NORA
U.S. & Regional Fuel Stocks
Link to N.E. State News
Visit the NEON Archive
Upcoming Courses
at NEFI
Training Center
HazMat Seminar/Certification
November 19, 6-9 pm
Watertown, MA
Course Info
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STUDY COMPARES GREENHOUSE GAS IMPACT OF OILHEAT AND NATURAL GAS
A recent study has been released by ICF International that shows a comparative greenhouse gas (GHG) impact of various heating fuels, including heating oil and natural gas. The study was requested by the Consortium of State Oilheat Associations Greenhouse Gas Project. The New England Fuel Institute contributed to the cost of the report. The study considers "total resource energy use and fuel cycle emissions impacts of fuel consumption," including extraction/production, processing, transmission, distribution, and ultimate combustion states. The study suggests that the "potential use of biofuel blends can significantly alter the relative GHG emissions profiles of natural gas and heating oil." It goes on to say, "B20 [BioHeat®] can have up to 12 percent lower GHG emissions than LNG, the marginal natural gas supply option for the Northeast and Mid-Atlantic regions," when efficient home heating equipment is utilized. View the full report here or request a copy by contacting Jim Collura, New England Fuel Institute Vice President for Public Policy at jimcollura@nefi.com or (617) 923-5016.
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NEFI CONTACT: Jim Collura, VP for Public Policy (jimcollura@nefi.com)
Congress is in recess until after the November 4th election, at which time they may hold a special session to address the economic crisis. If not, they will remain adjourned until January 3rd.
VICTORY WITHIN SIGHT: CONGRESS MAY FINALLY GET TOUGH ON DARK MARKETS
This week, U.S. Senate Agriculture Committee Chairman Tom Harkin (D-IA) has indicated that off-exchange trading, including swaps and derivatives need to be fully regulated. Further more, Harkin called the Commodity Futures Modernization Act (CFMA) of 2000 "a terrible mistake." NEFI and its allies have maintained that the CFMA is responsible for the "Enron Loophole" and many other exemptions afforded certain commodity trading instruments, activities and environments. Moreover, the impact of the CFMA is now being felt on the broader economy. The deregulatory measures found in the CFMA extend to mortgage-linked swaps and derivatives, the same complex investment instruments that have helped lead to the Wall Street collapse that now has our economy on its knees.
This broader impact was the subject of the Senate hearing this week, entitled "The Role of Financial Derivatives in the Current Financial Crisis." View the full list of witnesses, testimony and video of the hearing. A similar hearing was held on Wednesday in the U.S. House of Representatives, and hearing information will be made available at http://agriculture.house.gov. The Chairmen of both committees are expected to introduce new legislation before the end of the year. It is not clear if Congress will act before next year, especially because President Bush has threatened to veto similar legislation (H.R.6604) that passed the House this fall. Any strong new legislation may have to wait until the new Presidential administration.
The principal obstacles to passage of new legislation now appear to be non-existent. Wall Street has lost credibility both in the public eye and in the halls of Congress, which will no doubt significantly undermine their efforts to counter-lobby strong new legislation. The "broken back" of Wall Street and the threat of legislation to strengthen federal oversight of commodities trading have, we believe, helped return the market to fundamentals. Speculators are exiting the market in droves and as this issue of NEON went to print, oil is now half of what it was trading. We have come a very long way since NEFI "blew the whistle" a few years ago on excessive speculation and potentially abusive commodities trading, and the loopholes in federal law that make it possible.
We are confident of where the fight is now headed, and that is eventual victory. But the road ahead still remains somewhat uncertain. NEFI will continue to stand firm with PMAA and our national coalition allies through to victory, whenever that may be.
AS ECONOMIC CRISIS DEEPENS DESPITE BAILOUT ATTEMPTS, NEXT STEPS QUESTIONED
The Federal Government--from the President to Fed Chairman, Treasury Secretary to Congress--is pondering "next steps" this week after the various bailouts to-date have thus far been ineffectual in putting breaks on the deepening financial crisis. President Bush and Secretary Paulson have indicated that they may use as much as $250 billion of the recent $700 billion bailout package to purchase stocks and take part ownership in ailing banks in an attempt to stop the bleeding on Wall Street. The purchasing of bad assets (the original purpose of the bailout bill) may not happen for a month or may even have to wait until the next administration takes over in January.
Based on national polling and estimates by nearly all political analysts, Democrats will likely maintain control of Congress next year, if not expand their majorities in both chambers. Regardless, Democratic leaders are wasting no time in drawing up another "stimulus" package for consideration during a "lame duck" session after the Nov. 4th election. According to sources, while the details are still murky, the est. $300 billion proposal might include new spending on transportation infrastructure, extend unemployment benefits, and even another tax rebate. Several Congressional committees are currently examining the proposal. Republicans are expressing skepticism about another bailout or stimulus, and have expressed opposition to any additional spending.

Contact: Mark Morgan, NEFI Regulatory Counsel (mark@nefi.com)
SHIPPING PAPER REQUIREMENTS FOR BIODIESEL BLENDED FUELS
After circulating a compliance bulletin for ethanol shipping paper requirements, NEFI has been contacted by members inquiring as to the requirements for transportation of biodiesel-blended fuels. The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) initially required that all diesel fuel/biodiesel be listed on shipping paper documents as "diesel fuel solution." Thanks to petitions from Regulatory Counsel Mark S. Morgan, Esq., the PHMSA decided to exempt certain biodiesel fuel blends up to 5 percent (B-5) from the "diesel fuel solution" shipping paper name.
The following are authorized HAZMAT shipping information required by PHMSA when transporting biodiesel blends. Please note as well that the PHMSA requirements do not modify or replace shipping paper requirements for other regulators, such as the EPA's sulfur content descriptors. Commercial shipping names such as "B-2," "B-20," etc. may be placed following the basic descriptions listed above, but with enough space to the right of the description to clearly separate it. The use of permanent shipping papers for multiple deliveries is allowed.

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HOW TO LIST "BIOHEAT®" ON CUSTOMER DELIVERY TICKETS
NEFI has received inquiries into whether or not the term "BioHeat®" may be used on product transfer documents, such as shipping papers or customer delivery tickets. BioHeat marketers interested in using the term on their delivery tickets may do so, but only if it is separate from the Department of Transportation and Environmental Protection Agency required wording. BioHeat marketers may not modify federally mandated wording, either. Some members have asked if they can replace the word "heating oil” in the EPA-mandated descriptor that reads, "Dyed Unmarked Heating Oil: Not for use in nonroad, highway, locomotive or marine engines" with the term "bioheat," "bio-heating oil" or similar. THIS IS NOT PERMITTED WITHOUT EXPRESS APPROVAL FROM THE EPA. NEFI Regulatory Counsel Mark S. Morgan, Esq., has contacted EPA officials about alternative language on the delivery ticket for marketers that wish to promote biofuel-blended heating oil. We will update you once we receive word from the EPA. Please remember that the term "BioHeat" is a registered trademark of the National Biodiesel Board (NBB) and the National Oilheat Research Alliance (NORA). To obtain a license agreement free of charge, contact NORA at (703) 340-1660.

• Citizens Energy/CITGO Oil Program (www.citizensenergy.com) is shipping postcards this week to inform heating oil dealers on this year's program. According to the postcards, this year's program will be offered in 17 states and will introduce a "new and improved" online account management system that will allow for online access to electronic funds transfers. More details as they emerge. The program is scheduled to begin on January 5, 2009.
• GAO releases study on Temp-Comp. The Government Accountability Office has released its study of automatic temperature compensation (ATC) this week. "The policy debate is playing out without good information about the potential costs and benefits," the GAO said.
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• NEFI Government Affairs Committee (GAC) Chairman Tom Devine hosted a conference call on Tuesday, October 14, 2008 to discuss an array of priority industry issues, including the credit crunch now facing many dealers, the Citizens energy program, key legislative and regulatory initiatives, potential supply and market conditions for this winter, and the industry's public policy agenda going into the new year and a new federal government in Washington.
• Last weekend, NEFI President & CEO Shane Sweet and VP Jim Collura attended the PMAA Board of Directors meeting in Chicago, IL. The meeting included several workgroups and committee meetings on key industry issues. The PMAA Northeast Region Meeting was held on that Saturday with Representatives from all the Northeast states. The entire hour and a half long discussion centered on a NEFI proposal to PMAA regarding Legislative & Regulatory resources.
• Shane Sweet and NEFI staffer Dave Huffman attended the Independent Oil Marketers Association of New England (IOMANE) conference and trade show in Burlington, Mass., on Wednesday, October 15, 2008.
• Sweet, Huffman and Collura also plan to attend the Propane Gas Association of New England (PGANE) Conference in Framingham, Mass., on Thursday and Friday, October 16-17, in Framingham, Mass.
• The next NEFI Executive Committee Meeting will be held on Thursday, October 23, 2008, 9:00 a.m.–12:00 p.m. at the ICPA Office, 10 Alcap Ridge, Cromwell, Conn. This is a closed meeting.
• Following the Executive Committee Meeting will be the NEFI (Open) Board of Directors' Meeting from 1:30 p.m.–3:30 p.m. Lunch will be prior to the meeting 12:15–1:15 p.m. Contact Betty Kelley for details at betty@nefi.com or (617) 923-5013.

• The 2009 North American Heating and Energy Expo is scheduled for June 9-10, 2009 at the Hynes Convention Center, Boston. Booth sales are underway and the most prominent spaces are going fast. Associate members and past exhibitors have priority, so make sure to reserve your booth space now! For information and to reserve online go to www.nefi.com/expo.
• View the latest edition of Oil & Energy online.
For maximum exposure, your company logo and link should be on the front page of this newsletter next month. View sponsorship info and enrollment form. Call Tracy at 617-923-5015 or email tracy@nefi.com for more information.
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NEFI Member Benefit Spotlight
MISS THE LAST SPCC WEBINAR? CATCH THE ENCORE AND UPDATED WEBINAR IN NOVEMBER!
The deadline for compliance with the July 2002 revisions of the EPA's Spill Prevention Control & Countermeasure (SPCC) regulations, which requires SPCC plan revision and implementation, is July 1st, 2009. Failure to comply with the SPCC rules, as amended, can result in fines of up to $32,000 per day! The New England Fuel Institute and the North Carolina Petroleum and Convenience Marketers (NCPCM) are presenting a web-based seminar (or "webinar") on compliance with the July 2002 amendments, the additional changes made in December 2006, and the final amendments under consideration (expected to be final by the end of October 2008). Facilities with aggregate above-ground oil storage capacity greater than 1,320 gallons must comply (see 40 CFR 112.1(b) for complete details on applicability). To register for the webinar, print out the SPCC registration form or contact Dave Huffman at dave@nefi.com (617-923-5022).
GOT NEON?
NEFI's Betty Kelley has sent nearly 500 letters to member contacts who for one reason or another are not receiving NEFI Energy Online News (NEON) each week. Over 3,000 industry contacts receive NEFI Energy Online News (NEON) each week. If you are not getting NEON directly from NEFI, contact betty@nefi.com or call her at 617-923-5013 to get on our lists.
DRUG/ALCOHOL TESTING & EMPLOYEE ASSISTANCE PROGRAM OFFER
The New England Fuel Institute, in partnership with the Newport Alliance, has created a drug and alcohol testing consortium that meets federal requirements.
• Company Policy/Certificate of Compliance
• Reporting and Recordkeeping
• Collection Site and Testing Laboratories
• Medical Review Officer (MRO) Services
• Notification of Selection for Random Testing
• Required Testing – Pre-employment drug tests and random, post accident, reasonable cause, return-to-duty and follow-up drug and alcohol testing in accordance with federal regulations at no additional cost
• Supervisor/Employee Training Program
In addition to the Drug/Alcohol Testing Program offered there is an optional Employee Assistance Program (EAP) to provide your staff with a 24-hour, 7 days a week counseling and referral service to help employees deal with personal issues before they become work performance issues. Counselors are available to deal with substance abuse, marital and family issues, personal crises, etc. The Substance Abuse Professional (SAP) is REQUIRED when any employee tests positive for drugs and/or alcohol. An SAP is a licensed physician or a licensed/certified psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance related disorders. An evaluation by an SAP is included with the Employee Assistance Program. If chosen as an option, the EAP will be available to your employees, their dependents, and to your management and supervisory staff to assist in job performance concerns.
The NEFI-Newport Alliance Consortium is the only NEFI-endorsed Drug /Alcohol Testing and Employee Assistance Program. To compare your current costs or obtain further information on the program please contact Donna Carcerano, NEFI Benefits Administrator at (617) 923-5020 direct line, (617) 924-1000 ext. 220 or donna@nefi.com.
NEW ENGLAND FUEL INSTITUTE OFFERS FREE DRUG/ALCOHOL TESTING & EAP SEMINAR
Presented by The Newport Alliance on November 13, 2008 10:30 A.M.–12:30 P.M.
Location: New England Fuel Institute, 20 Summer Street, Watertown, MA 02472
• Who Do The Rules Apply To
• DOT vs. Non DOT Drug Testing
• Review Employer Responsibilities
• Employee Assistance Program
• Drug & Alcohol Program Compliance Advisor Available To Answer Questions
• Enrollment Opportunity
Please contact Donna Carcerano, Benefits Administrator at New England Fuel Institute
(617) 923-5020 or email donna@nefi.com to register for the free Drug/Alcohol Testing & Employee Assistance Program Seminar.
Drug/Alcohol Testing and/or Employee Assistance Program New Enrollments:
NEFI welcomes TMC Services, Inc. to the NEFI Group Rated Drug/Alcohol Testing Program.
Join or renew membership with NEFI today! Click here, or contact Joanne Sharkey, NEFI Membership Coordinator at (617) 924-1000 or joanne@nefi.com.
View NEFI Membership Information
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For information on NORA please contact Traci Ross at tlross@nora-oilheat.org
See the latest NORA news at www.nora-oilheat.org.
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Thank You NEFI Action Center Contributors:
Thank you to 2008 LRAC contributors to date.
Please support LRAC Center efforts by downloading and acting upon this pledge form or by contacting NEFI at (617) 924-1000.
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