Texas Governor Greg Abbott issued a statewide disaster proclamation to allow expanded use of dyed diesel on Texas roads.
The proclamation also raises the allowable weight for fuel, agricultural, and timber loads, and suspends Texas Low Emission Diesel (TxLED) rules to the extent the EPA authorizes. The Governor also requested that the EPA waive federal ultra-low sulfur diesel requirements.
High diesel prices
Governor Greg Abbott issued this emergency order primarily to combat record-high diesel prices and severe fuel supply tightness across the state.
“Texas agriculture and freight run on diesel,” said Governor Abbott. “Record prices put both industries at risk and raise costs for every Texas family. Farmers and truckers can now use dyed diesel on Texas roads, and fuel, crop, and timber loads can move at a higher weight. These steps cut costs on the farm, on the road, and at the store."
What is dyed diesel?
Dyed diesel is off-road fuel marked red, typically used in agricultural operations and sold without a motor-fuels tax. Because it is untaxed, state law ordinarily bars its use on public roadways. The Governor’s proclamation suspends state restrictions and associated penalties so operators can use such fuel on Texas roads. It does not waive the underlying fuel tax.
The proclamation also suspends state oversize and overweight permitting requirements for vehicles loaded with fuel, agricultural or timber products and allows those loads at a gross weight of up to 95,000 pounds.
Governor Abbott asked EPA Administrator Lee Zeldin for a temporary Clean Air Act waiver of federal ultra-low sulfur diesel rules and the TxLED rules that apply in 110 Texas counties. Those standards limit which diesel can be sold, and a waiver would allow more fuel to reach Texas pumps.
Read the Governor’s disaster proclamation here.
Read the Governor’s letter to EPA Administrator Zeldin here.
