DECLARATION OF EMERGENCY

WHEREAS, Nevada Revised Statute 414.070 authorizes the Governor to issue a proclamation declaring a state of emergency when a natural, technological or man-made emergency or disaster of major proportions has occurred within the State, and the invocation of the Governor’s emergency powers is necessary to protect the health and safety of persons in the State; and

WHEREAS, the Kinder Morgan gas pipeline, which supplies approximately 90% of the needed gas, diesel, jet fuel, and other refined petroleum products to the Las Vegas Valley and surrounding areas, has experienced a disruption that has resulted in a temporary shutdown of that line; and

WHEREAS, adequate gasoline, diesel, jet fuel, and other refined petroleum products is essential for the health, safety, and economic well-being of persons or property in Nevada, and any interruption in the delivery of those products threatens the public welfare; and

WHEREAS, the gas pipeline disruption may cause a shortage of fuel supplies in the State of Nevada, and the impacted counties will need assistance obtaining fuel to maintain an adequate supply; and

WHEREAS, pursuant to 49 C.F.R. § 390.23 certain motor carrier safety regulations may be suspended in response to a declared emergency by the Governor; and

WHEREAS, pursuant to Section 211(c)(4)(C) of the Clean Air Act, temporary fuel waivers may be authorized by the Environmental Protection Administration, under certain circumstances, to help alleviate fuel supply shortages.

Now, therefore, I, Joe Lombardo, Governor of the State of Nevada, pursuant to the authority vested in me by the Constitution and laws of the State of Nevada and the United States, hereby declare a limited State of Emergency, and seek to facilitate the suspension of the hours-of-service requirements contained in 49 C.F.R. § 395.3 of the Federal Motor Carrier Safety Regulations for motor carriers and drivers providing direct assistance in the relief efforts related to the shortages of gasoline, diesel, jet fuel, and other refined petroleum products.

I direct the Nevada Department of Agriculture to request, from the Environmental Protection Agency, any necessary fuel waivers to expand the available fuel options to address supply shortages resulting from this pipeline disruption.

I further direct the Director of the Nevada Department of Public Safety and local government officials to take all appropriate action to comply with the intent of the declaration.

Unless renewed, this limited declaration shall expire in fifteen (15) days.