Sec 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.