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From: Zahra Massicotte <zahra@massoilheat.org>
Subject: MOC Desktop Councilor
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MOC Desktop Councilor
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Massachusetts Oilheat Council
Desktop Councilor Newsletter
May 16, 2007
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Here's the latest edition of MOC's Desktop Councilor, an email newsletter aimed at keeping you up-to-date on MOC activities and programs that impact your business. Thank you for your continued membership support.

As a reminder, MOC is holding an open Board of Directors meeting on Tuesday May 22, at the Café Escadrille in Burlington, MA. Starting at 9:30 a.m., the meeting will begin with a discussion on new legislation stirring at the State House and the testimony MOC has already submitted for the 2007 session. Next on the agenda will be a presentation by Barry Fogel of Keegan Werlin LLP. He will be giving boiler plate legal advice on customer contracts for heating oil and fielding any questions members may have. Please call MOC before Friday, May 18 to register.
Lawmakers on Beacon Hill continued an aggressive public hearing schedule over the past two weeks and MOC testified on a number of important pieces of legislation impacting Oilheat.

Last week, the Joint Committee on Environment, Natural Resources and Agriculture took up S-538 - An Act to Facilitate Homeowners Remediating Heating Oil Spills. The bill has been on the docket for four years, but has never passed due to opposition from the insurance industry and suggestions from MOC to modify the bill. S-538 seeks to broaden homeowner insurance coverage to help with remediation of fuel oil spills/leaks, and add further safeguards to fuel oil tanks and lines. MOC once again offered testimony on rewriting a section of the bill addressing mandatory fuel oil line upgrades using protective sleeves or oil safety valves.

This week, the Joint Committee on Revenue heard testimony on dozens of revenue-related energy measures including a tax on every heating oil gallon to help pay for fuel oil related homeowner environmental cleanups (H-3029), a bill to offer a tax credit for the "removal of a failed or abandoned" home heating oil storage tank (H-3815), and three bills related to tax incentives for biofuel (H-2932, S-1774 & S-1775). MOC opposed H-3029, pushing instead for passage of S-538. MOC offered tentative support for H-3815 and the biofuel bills, telling lawmakers that all the measures needed further work.

In one of its most aggressive anti-Oilheat marketing efforts ever, KeySpan is calling for Oilheat customers to convert to natural gas because "natural gas emits up to 40% less carbon dioxide into the air versus oil" and by switching to gas, "you'll get rid of the 275 gallons of toxic waste buried under your yard, or in your basement." MOC's Board of Directors will discuss the campaign at its spring meeting on May 22.

On Thursday, May 3, the Board of Fire Prevention and Regulations (BFPR) subcommittee for 527 CMR 14 met in order to clear up inconsistencies between CMR 8 and 14, particularly involving regulations around the garaging of fuel oil vehicles. MOC attended the meeting along with two fuel oil dealers who are encountering difficulties with the rules for licensing/permitting their vehicles when they are being garaged or stored overnight.

Some relief was recovered when the subcommittee ruled on modifications to CMR 14.03 section 10, erasing any conflicts with CMR 8. They also made a recommendation for the CMR 8 subcommittee to address the maximum amount of gallons permitted to be stored overnight.

The two committees plan to meet together shortly to discuss these matters further. MOC will keep members informed on any more changes to the codes.
The following morning, MOC's Michael Ferrante chaired a meeting of the BFPR 527 CMR 4.00 subcommittee and several matters were addressed including tank removal. The committee approved changes to the code stating that any person removing a fuel oil tank must also remove all fill and vent pipes previously connected to the tank. Capping of the piping will no longer be acceptable under the code.

New language and a table have also been added to the section of CMR 4 which pertains to chimney connectors. This will help oil burner technicians and fire safety officials further clarify diameter size and thickness for steel pipe connectors. MOC wants to thank George Lanthier for this suggested change.
As a member of NEFI's Government and Legislative Affairs Committee, MOC has been asked to gather feedback on the 2006-2007 CITGO/Citizens Energy program. With the help of Gene Guilford with the Independent Connecticut Petroleum Association (ICPA), an easy-to-use web survey is now available to assist in providing association and dealer feedback. The survey is blind, meaning no one will know your identity and it takes only about 5 minutes to complete. After collecting feedback, NEFI will discuss assembling a team of Oilheat leaders to meet with representatives from CITGO/Citizens to discuss the industry's thoughts.
The six New England states got word last week from NEFI's regulatory counsel that the EPA has "corrected" the heating oil delivery ticket language issue. Here's the new language:

For heating oil used in heating applications beginning June 1, 2007:"Dyed Unmarked Heating Oil: Not for use in highway, locomotive or marine engines."

For high sulfur heating oil used in non-road engine applications between June 1 and October 1, 2007 (distribution for use in NRLM applications unlawful after October 1, 2007):"HS Dyed NRLM-may exceed 500-ppm sulfur. Not for use in nonroad engines requiring ULSD or highway engines."

Also, as a reminder:

For 15-ppm sulfur dyed Ultra-low Sulfur Diesel Fuel: "15-ppm sulfur dyed ULSD. Non-road or tax exempt use only."

For 500-ppm sulfur dyed Low Sulfur Diesel Fuel (or 500-ppm Low Sulfur Heating Oil used in Dyed Diesel Fuel applications):"500-ppm sulfur dyed LSD. Non-road or tax exempt use only. Not for use in 2007 and later vehicles."
MOC has teamed with NAOHSM to host 3 NORA tank training seminars in June from 9 a.m. to 5 p.m. in various locations across Massachusetts:

June 19, 2007 - Mansfield - Holiday Inn, 31
Hampshire Street, Mansfield, MA
June 20, 2007 - Boston area - Holiday Inn, 55 Ariadne Road, Dedham, MA
June 21, 2007 - Worcester - Worcester Hotel and Conference Center, 500 Lincoln Street, Worcester, MA

To register, click the link to the NAOHSM website below.
MOC is excited to continue the successful Oilheat- Realty partnership program launched in Massachusetts last year. MOC is working with PriMedia to schedule the 2007 events. A tentative breakfast seminar has been scheduled for June 27 in Fitchburg, MA. More information will soon follow. You can also check for the most recent updates and scheduled events by logging onto www.mocrealty.org.
The Braley & Wellington Insurance Agency recently published its spring addition of "The Practical Risk Manager" which focuses on tank failures.

The National Oilheat Research Alliance (NORA), The New England Fuel Institute (NEFI), the state oilheat associations, and the insurance industry have all identified home heating oil tank system failure as a significant threat to the oilheat industry's reputation as a provider of clean, efficient home comfort...


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