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Letter to Stephen L. Johnson, Administrator U.S. Environmental Protection Agency

Location: Lincoln, NE

October 20, 2005

Stephen L. Johnson, Administrator
U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460

Subject: Diesel Fuel Waiver Request for State of Nebraska

Dear Administrator Johnson:

Because of Hurricanes Katrina and Rita, the State of Nebraska expects the shortage of on-road diesel that
meets the low sulfur requirements of federal law to continue until at least December 31, 2005. Therefore,
the State of Nebraska requests that the United States Environmental Protection Agency waive these diesel
fuel standards in Nebraska until December 31, 2005.

Extreme and unusual fuel supply circumstances continue to exist in the State of Nebraska that will
prevent the distribution of an adequate supply of diesel fuel that meets federal standards. Nebraska's
diesel fuel marketers report being out of low sulfur diesel but having adequate supplies of high sulfur
dyed diesel available at these same terminals.

We recognize the environmental and operational importance of the diesel fuel requirements, particularly
as the requirements relate to diesel engines. However, to minimize or prevent problems with the supply of
diesel fuel, we now request this waiver to be effective immediately and extend through December 31,

As the Governor of the State of Nebraska, I hereby request a waiver for the State of Nebraska for diesel
sulfur requirements under section 211(c) (4) (C) of the Clean Air Act and the regulations promulgated
thereunder at 40 C.F.R. Part 80 (the highway diesel fuel requirements). We request this waiver be issued
because of shortages of on-highway diesel fuel in Nebraska created by production and supply issues
resulting from Hurricanes Katrina and Rita.


Dave Heineman
Mike Linder, Nebraska Department of Environmental Quality
Ricky Stiff, Internal Revenue Service, Washington D.C.

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