28-481

28-481. Definitions

In this article, unless the context otherwise requires:

1. "Assignment" means an action taken by the department designating prime suppliers
of motor gasoline to supply unblended gasoline to an eligible blender to alleviate a
shortage.

2. "Blender" means a person who blends gasoline with alcohol for resale and who is
required to file fuel manufacturers' quarterly reports for motor vehicle gasoline with
the United States environmental protection agency pursuant to 42 United States Code
sections 7545 and 7601 and 40 Code of Federal Regulations part 79.

3. "Oxygenate" means any oxygen-containing ashless, organic compound, including
aliphatic alcohols and aliphatic ethers, that may be used as a fuel or as a gasoline
blending component.

4. "Oxygenated fuel" means a motor fuel blend, whether leaded or unleaded, that
consists primarily of gasoline and a substantial amount of one or more oxygenates and
that has been blended consistent with the provisions of a waiver issued by the United
States environmental protection agency pursuant to 42 United States Code section 7545(f).

5. "Prime supplier" means the distributor that makes the first sale of motor
gasoline and that is responsible for reporting the distribution of motor vehicle fuel
pursuant to section 28-5618 for ultimate consumption in a vehicle emissions control area.

6. "State set-aside" or "set-aside" means, with respect to a given prime supplier,
the amount of unblended gasoline that is made available from the total supply of that
prime supplier for utilization by the department to resolve unblended fuel shortages.

7. "Unblended gasoline" means gasoline, whether leaded or unleaded, that is of a
composition that is legally and chemically suitable for blending with oxygenates in order
to produce oxygenated fuel containing the per cent weight of oxygen prescribed by law.

8. "Vehicle emissions control area" has the same meaning prescribed in section
49-541, except that the area does not include a manufacturer's proving ground that is
located in the area. For the purposes of this paragraph, "manufacturer's proving ground"
means a facility whose sole purpose is to develop complete advanced vehicles for an
automotive manufacturer.