Md. Code Regs. 26.11.32.20 - Violations
A. Except as
otherwise provided in this regulation, failure to meet a requirement of this
chapter or a condition of an applicable ACP agreement constitutes a single,
separate violation of this chapter for each day until the requirement or
condition is satisfied.
B. False
reporting of information contained in an ACP application, or supporting
documentation or amendments to the application, constitutes a single, separate
violation of the requirements of this chapter for each day that the approved
ACP is in effect.
C. Each
exceedance during the applicable compliance period of the VOC content specified
for an ACP product in the ACP agreement constitutes a single, separate
violation of the requirements of this chapter for each ACP product which
exceeds the specified VOC content that is sold, supplied, offered for sale, or
manufactured for use in the State.
D. Each of the following actions constitutes
a single, separate violation of the requirements of this chapter for every day
after the applicable deadline until the requirement is satisfied:
(1) Failure to report data or failure to
report data accurately in writing to the Department regarding the VOC content,
LVP content, enforceable sales, or other information required by deadlines
specified in the applicable ACP agreement;
(2) False reporting of information submitted
to the Department for determining compliance with the ACP
requirements;
(3) Failure to
completely implement the reconciliation of shortfalls plan set forth in the ACP
agreement, within 30 working days from the date of written notification of a
shortfall by the Department; or
(4)
Failure to completely reconcile the shortfall as specified in the ACP
agreement, within 90 working days from the date of written notification of a
shortfall by the Department.
E. False reporting or failure to report the
required information set forth in this regulation, or the sale or transfer of
invalid surplus reductions, constitutes a single, separate violation of the
requirements of this chapter for each day during the time period for which the
surplus reductions are claimed to be valid.
F. Except as provided in §G of this
regulation, an exceedance of the ACP limit for a compliance period that the ACP
is in effect constitutes a single, separate violation of the requirements of
this chapter for each day of the applicable compliance period. An exceedance of
the ACP limit is determined as follows:
(1)
If the responsible ACP party has all required information for the applicable
compliance period specified in the ACP agreement, then a determination whether
an exceedance has occurred is made using the enforceable sales records and VOC
content for each ACP product, as reported by the responsible ACP party for the
applicable compliance period; and
(2) If the responsible ACP party does not
have all the required information specified in the ACP agreement for an
applicable compliance period, the determination of whether an exceedance of the
ACP limit has occurred is made as follows:
(a)
For the missing data days, calculate the total maximum historical
emissions;
(b) For the remaining
portion of the compliance period which is not missing data days, calculate the
emissions for each ACP product using the enforceable sales records and VOC
content that were reported for that portion of the applicable compliance
period;
(c) The ACP emissions for
the entire compliance period is the sum of the total maximum historical
emissions, determined under §F(2)(a) and (b) of this regulation;
(d) Calculate the ACP limit for the entire
compliance period using the ACP standards applicable to each ACP product and
the enforceable sales records specified in §F(2)(b) of this
regulation;
(e) The enforceable
sales for each ACP product during missing data days, as specified in §F(2)(a)
of this regulation, is zero; and
(f) An exceedance of the ACP limit has
occurred when the ACP emissions exceeds the ACP limit.
G. Calculation of ACP Limit
Violations.
(1) If a violation specified in §F
of this regulation occurs, the responsible ACP party may establish the number
of violations as calculated according to the following equation: NEV = (ACP
emissions - ACP limit) x 1 Violation/40 Pounds where:
(a) NEV = number of ACP limit
violations;
(b) ACP emissions = the
ACP emissions for the compliance period; and
(c) ACP limit = the ACP limit for the
compliance period.
(2)
The responsible ACP party may determine the number of ACP limit violations
under this section only if it has provided all required information for the
applicable compliance period, as specified in the ACP agreement approving the
ACP.
(3) By choosing this option,
the responsible ACP party waives any and all legal objections to the
calculation of the ACP limit violations under this section.
H. A cause of action against a
responsible ACP party under this regulation accrues when a violation
occurs.
I. The responsible ACP
party is fully liable for violation of a requirement of this chapter, even if
the responsible ACP party contracts with or otherwise relies on another person
to comply with some or all of the requirements of this chapter.
Notes
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