Md. Code Regs. 26.11.32.18 - Approval of an ACP Application
A. Action on an Application.
(1) Upon receipt and review of an ACP
application, the Department shall inform the applicant in writing that either:
(a) The application is complete and accepted
for filing; or
(b) The application
is deficient and the Department identifies the specific information required to
make the application complete.
(2) If the Department finds that an
application meets the requirements of Regulation .17C of this chapter, then it
shall issue an ACP agreement.
(3)
The Department may deny an ACP application submitted by a responsible ACP party
if the Department determines, upon review of the responsible ACP party's
compliance history with past or current ACPs or the requirements for consumer
products of this chapter, that the responsible ACP party has a recurring
pattern of violations and has consistently refused to take the necessary steps
to correct those violations.
B. Approving an ACP Application.
(1) The Department shall specify the terms
and conditions necessary to ensure that the emissions from the ACP products do
not exceed the emissions that would have occurred if the ACP products subject
to the ACP had met the VOC limits specified in Regulation .04B of this
chapter.
(2) The ACP agreement
shall include:
(a) Only those ACP products for
which the enforceable sales are at least 75 percent of the gross State
sales;
(b) A reconciliation of
shortfalls plan meeting the requirements of this chapter; and
(c) Operational terms, conditions, and data
to be reported to the Department to ensure that all requirements of this
chapter are met.
Notes
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