Abbott declares statewide diesel shortage, suspends rules

Texas Gov. Greg Abbott issued a disaster proclamation covering all 254 counties on Monday, declaring a statewide diesel shortage and suspending several state rules to ease fuel use and transport. The measures allow dyed diesel to be used on public roads and permit heavier loads carrying fuel, agricultural products and timber. Abbott also asked the U.S. Environmental Protection Agency to waive federal diesel requirements in 110 counties, but the request is not an approved waiver. The proclamation suspends state restrictions and penalties on using dyed diesel, a red-marked fuel generally intended for off-road use. Although the fuel is ordinarily barred from public roads because it is untaxed, the state action does not suspend Texas’s fuel tax. Drivers and operators remain subject to that tax when applicable. The order also suspends certain oversize and overweight permitting requirements for vehicles carrying fuel, agricultural or timber loads. Those vehicles may operate at gross weights of up to 95,000 pounds under the proclamation. The measures apply statewide, while the requested federal waiver and related Texas Low Emission Diesel rules concern 110 counties.