28-484. State set-aside volume


A. On declaration of a shortage, the department shall notify each prime supplier of
its monthly set-aside percentage. The percentage shall not exceed five per cent. The
department shall make known the set-aside percentages to a prime supplier no later than
fifteen days before the beginning of each allocation month.


B. The total set-aside volume available to the department for any particular month
is the amount calculated by multiplying the state set-aside percentage level by each
prime supplier's sales of motor vehicle fuel for ultimate consumption in each carbon
monoxide vehicle emissions control area for the same month of the previous calendar
year. The set-aside for a particular month may not be accumulated or deferred by this
state but shall be made available from current monthly stocks of prime suppliers.