WHEREAS, the U.S. Environmental Protection Agency is allowing regulated parties to supply motor vehicle diesel fuel having a sulfur content greater than 500 ppm with visible evidence of red dye. The EPA’s diesel waiver will continue until Sept. 15, 2005, or until supplies are depleted; and

        WHEREAS, the State of Idaho supports the U.S. Environmental Protection Agency for authorizing the emergency waiver, the State of Idaho agrees with the EPA action; and

       NOW THEREFORE, I DIRK KEMPTHORNE, Governor of the State of Idaho, by virtue of the authority vested in me by the Constitution and laws of this State, do hereby order that:

The State of Idaho concurs with the waiver as set forth by the U.S. Environmental Protection Agency to temporarily waive the requirement that summer gasoline be sold in Idaho, and to allow regulated parties to supply motor vehicle diesel fuel having a sulfur content greater than 500 ppm with visible evidence of red dye. The diesel waiver will continue until Sept. 15, 2005, or until supplies are depleted.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho at the Capitol in Boise on this 2nd day of September in the year of our Lord two thousand and five, and of the Independence of the United States of America the two hundred thirtieth and of the Statehood of Idaho the one hundred sixteenth.

BEN YSURSA
SECRETARY OF STATE