Fuel Retailers Ask U.S. DOT to Prioritize Customer Experience in Final NEVI Guidance

After months of legal battles and a sweeping federal freeze, NEVI (National Electric Vehicle Infrastructure) funding for EV charging has finally begun to flow again. In June 2025, a federal judge issued a preliminary injunction ordering the resumption of approximately $1 billion in NEVI funds for 14 states, including California, Washington, New York, and Colorado, deeming the freeze unlawful and contrary to Congressional intent.

The Department of Transportation declined to appeal, allowing states to proceed with deploying chargers. Shortly after, in August, the DOT issued revised guidance under the current administration, which streamlined state application processes by slashing requirements related to environmental siting, equity mandates, and labor standards. While this move unlocked critical federal dollars, some advocates warn that the policy changes risk undermining access, fairness, and long-term sustainability across the charging network.

NATSO, representing truck stops and travel centers, SIGMA: America’s Leading Fuel Marketers, and the National Association of Convenience Stores (NACS), asked the U.S. Transportation Department to amend the final National Electric Vehicle Infrastructure (NEVI) Formula Program guidance, releasing the request on PR Newswire, August 28, 2025.

The U.S. Department of Transportation’s Interim Final Guidance urges state transportation departments to prioritize EV charging projects that integrate with on-site amenities such as restrooms and foodservice, while also encouraging models where the property owner serves as the charging station owner. This approach is designed to improve charger reliability, ensure fair pricing, and create a more consistent consumer experience. By emphasizing convenience and service, the guidance supports the fuel retail industry’s long-standing argument that drivers are more likely to embrace EVs if charging mirrors the accessibility, reliability, and amenities they already associate with traditional fueling stations.

“The NEVI program works when the refueling experience is viewed through the lens of the consumer,” said David Fialkov, Executive Vice President of Government Affairs for NATSO and SIGMA. “People don’t want to refuel in parking lots or other desolate spaces. They want the same conveniences that exist alongside fuel pumps throughout the country today. We hope that Democrats and Republicans view the Trump Administration’s Interim Final Guidance as a sound way to implement the program this year, and as establishing a politically viable path forward as we approach the next reauthorization of surface transportation legislation.”

“The retail fuel industry supports the NEVI Program and is actively participating in the program in almost every state,” said NACS Deputy General Counsel Matt Durand. “Advancing a market-oriented implementation strategy will prompt private investment in alternative refueling infrastructure across the country. The Guidance would rectify challenges and prompt businesses to make durable, consumer-focused investments in a nationwide refueling network.”

The groups specifically called on DOT to prioritize projects where the site host both owns and operates the EV charging infrastructure and co-locates chargers with essential consumer amenities such as restrooms and foodservice. Aligning guidance with Congressional intent ensures EV drivers have the same safety, convenience, and comfort they experience when refueling with gasoline or diesel. They also pressed FHWA to promptly release funds for projects consistent with these parameters while reassessing awards that fail to meet them. Additionally, the associations requested clear criteria for determining when an alternative fuel corridor is “fully built out,” emphasizing that true completion requires a seamless network of stations with consumer amenities.

Other recommendations include prohibiting caps on rate-of-return that could deter private investment, allowing expansion of proven charging sites to meet high demand, and clarifying that infrastructure upgrades critical to reliability are eligible for NEVI funding. The groups also urged FHWA to uphold the federal prohibition on commercial services at Interstate rest areas, stressing that permitting EV charging at rest areas would undercut private-sector investment. By advancing these priorities, NATSO, NACS, and SIGMA argue, the NEVI program can foster a competitive, consumer-focused charging marketplace that accelerates EV adoption without sacrificing choice, convenience, or reliability.

EVinfo.net’s Take

The recommendations mostly make sense. We unpack them here.

To prioritize projects where the site hosts own and operate the EV charging infrastructure and EV charging infrastructure is co-located with onsite amenities such as restrooms and foodservice.

To prioritize where restrooms and foodservice are available makes sense. However, the recommendations don’t mention new sites where these could be added. This gives the groups unfair advantage, but it also would save time instead of building a new site including restrooms and foodservice.

Require states to promptly release funds for awarded projects that are consistent with this Guidance and reassess awards that are inconsistent with the Guidance.

This would be unfair to sites that don’t have restrooms and foodservice. However, it is preferable to have these, especially restrooms.

Specify criteria for determining when an alternative fuel corridor is “fully built out.”

Yes, this makes sense. We recommend doing it.

Prohibit caps on rate-of-return or revenue sharing requirements.

It’s true limiting the ability of fuel retailers to make a return on investment will discourage private businesses from applying for NEVI grants. But be sure to make it fair for all business types, not just fuel retailers.

Accommodate expansion at existing charging sites in addition to new locations when appropriate.

Yes, this makes sense. We recommend doing it.

Uphold the prohibition on EV charging at rest areas.

The groups say “Allowing commercial services at interstate rest areas would undermine private investment refueling infrastructure and distort the competitive marketplace that the NEVI Program is designed to support.”

EVinfo.net says Absolutely not. Rest areas are a vital and perfect location for EV charging. Restrooms are typically present at rest areas. We most definitely support lifting the prohibition on EV charging at rest areas. We don’t feel that any undermining would be significant. The needs of EV drivers should be paramount in all of these recommendations.

EVinfo.net Says Restore All Rescinded Language

The US DOT announced revised NEVI guidance on August 11, 2025.

The announcement included these examples below of rescinded language:

“Plans should be developed and updated through engagement with rural, underserved, and disadvantaged communities to ensure that diverse views are heard and considered throughout the planning process, and to ensure that the deployment, installation, operation, and use of EV charging infrastructure achieves equitable and fair distribution of benefits and services.”

“Plans should explain how the State will deliver projects under the NEVI Formula Program that, consistent with Executive Order (E.O) 14008 and the Interim Justice40 Guidance issued by the White House and USDOT, target at least 40 percent of the benefits towards disadvantaged communities.”

“The Plan should also demonstrate how the implementation will promote strong labor, safety, training, and installation standards as well as opportunities for the participation of small businesses, including minority-owned and women-owned small businesses.”

“The Plan should also address emergency and evacuation needs, snow removal and seasonal needs, and ways for EV charging to support those needs. The Plan should also describe strategies for resilience for operation during emergencies and extreme weather.”

EVinfo.net recommends restoring all rescinded language. Additionally, we recommend that all environmental concerns be thoroughly considered as vitally important.

About NATSO, SIGMA, and NACS

NATSO is the national trade association representing America’s travel center and truck stop industry. Founded in 1960, NATSO advocates on behalf of its members in legislative and regulatory matters, serves as the trusted source of information for the diverse travel center, truck stop, and off-highway fuel retail industries, and provides industry-leading education and networking opportunities. NATSO also hosts an annual convention and trade show and works to improve the overall business climate for its members.

SIGMA is the national trade association representing fuel marketers and chain retailers in the United States and Canada. Established in 1958 as the Society of Independent Gasoline Marketers of America, SIGMA now represents a membership of approximately 250 independent chain retailers and fuel marketers. The association works to advance the interests of both branded and unbranded segments of the motor fuel marketing industry while offering critical resources, advocacy, and services to its members.

NACS has been the leading association for convenience and fuel retailers for more than 60 years. Today, NACS represents more than 1,000 retail member companies, collectively operating more than 200,000 stores across 50-plus countries, including 90,000 stores in the United States. The U.S. convenience store industry, with over 152,000 locations nationwide, sells fuel, food, and merchandise, conducting 160 million transactions every day and generating $837 billion in sales in 2024.