1. (a) Upon receipt of a request that contains the information required by Env-A 1606.01(b) and is signed as required by Env-A 1606.01(c), the department shall review the request and provide a copy of the request to EPA.

2. (b) The department shall make a determination in consultation with EPA that a need to use non-conforming fuel exists if the request demonstrates that:

   1. (1) The supply of conforming fuel is insufficient; and
   2. (2) The shortage is likely to last longer than existing supplies of conforming fuel will last, based on relevant factors including, but not limited to, the volume in stock and weather conditions.
3. (c) The department shall notify the requestor of its decision in writing.
4. (d) If the request is denied, the notification shall specify the reason(s) for the denial.
5. (e) If the request is granted, the department also shall notify other suppliers of the determination.

Source. #10415, eff 9-24-13 (formerly Env-A 1609.02); ss by #13808, eff 11-18-23