28-483. Determination of shortage; declaration
A. Within one month before the period of time when oxygenated fuel is required to be sold in a carbon monoxide vehicle emissions control area or at any time during the period, a blender may:
1. Allege and shall establish that the blender is unable to purchase unblended gasoline for the following month.
2. Request the director to determine that a shortage of unblended gasoline exists in the carbon monoxide vehicle emissions control area.
B. If the director determines that a shortage of unblended gasoline exists in a carbon monoxide vehicle emissions control area, the director shall inform the governor. By executive order, the governor may declare that a shortage exists and notify the department to implement the state set-aside program for unblended gasoline.
C. The declaration of a shortage is effective for the period of time that oxygenated fuel is required to be sold in this state.
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