Gov. Greg Abbott (R-Texas) declared a statewide diesel emergency Monday, easing state restrictions on off-road fuel use on public highways and allowing heavier shipments of fuel, agricultural products and timber.
The proclamation covers all 254 Texas counties. Abbott cited rising fuel costs and supply disruptions as threats to the state’s farmers, truckers and consumers.
Higher diesel costs were already squeezing Dallas truckers’ earnings earlier this month, as previously reported by The Dallas Express.
Proclamation targets rising diesel costs
Dyed diesel contains red dye and typically fuels off-road equipment, including farm machinery. Sellers generally offer it without the state motor-fuels tax, and Texas normally prohibits its use on public roads.
Abbott suspended state restrictions and associated penalties to expand its use on Texas roads. The proclamation does not waive the underlying fuel tax, his office said.
“Texas agriculture and freight run on diesel,” Abbott said in the announcement. “Record prices put both industries at risk and raise costs for every Texas family.”
The governor said the changes aim to lower costs for agricultural and freight operations.
Higher weight limits for certain loads
The order suspends specified state oversize and overweight permitting requirements for vehicles carrying fuel, agricultural products or timber, allowing gross vehicle weights of up to 95,000 pounds.
Drivers must still obey bridge weight limits and other applicable transport restrictions, including any restrictions the governor’s office imposes.
Abbott requests federal diesel waiver
Abbott also asked U.S. Environmental Protection Agency Administrator Lee Zeldin to temporarily waive federal ultra-low sulfur diesel requirements and requirements under the Texas Low Emission Diesel program, or TxLED.
TxLED imposes additional fuel specifications in 110 Texas counties, including Dallas, Tarrant, Collin and Denton counties.
Texas diesel prices reached a record $5.97 per gallon in September, Abbott wrote in the request. He also cited low national distillate inventories and uncertainty in global oil markets.
Federal requirements remain separate
The proclamation conditions its suspension of TxLED rules on EPA authorization. Abbott’s state order does not itself waive federal fuel requirements.
Federal tax rules also remain separate. IRS guidance generally provides for penalties when someone knowingly uses dyed fuel for a taxable purpose.
Abbott asked the EPA to act as soon as possible under Section 211(c)(4)(C)(ii) of the Clean Air Act, arguing that a temporary waiver could expand diesel supplies and reduce prices.
Provided by Dallas Express
