Md. Code Regs. 26.11.32.22 - Limited-Use Surplus Reduction Credits for Early Reformulations of ACP Products
A.
Early Reformulation.
(1) For the purposes of
this regulation, "early reformulation" means an ACP product that is
reformulated to result in a reduction in the product's VOC content and that is
sold, supplied, or offered for sale in the State for the first time during the
1-year period immediately before the date on which the application for a
proposed ACP is submitted to the Department.
(2) "Early reformulation" does not include
reformulated ACP products which are sold, supplied, or offered for sale in the
State more than 1 year before the date on which the ACP application is
submitted to the Department.
B. If requested in the application for a
proposed ACP, the Department shall, upon approval of the ACP, issue surplus
reduction credits for early reformulation of an ACP product if the responsible
ACP party provides, to the satisfaction of the Department, the following:
(1) Accurate documentation showing that the
early reformulation reduced the VOC content of the ACP product to a level which
is below the pre-ACP VOC content of the product, or below the applicable VOC
standard specified in Regulation .04B of this chapter, whichever is the lesser
of the two;
(2) Accurate
documentation demonstrating that the early reformulated ACP product was sold in
State retail outlets within the time period specified in §A(1) of this
regulation;
(3) Accurate sales
records for the early reformulated ACP product that meet the definition of
"enforceable sales records" in Regulation .03B(65) of this chapter, and that
demonstrate that the enforceable sales for the ACP product are at least 75
percent of the gross State sales for the product; and
(4) Accurate documentation for the early
reformulated ACP product which meets the requirements of this regulation, and
which identifies the specific test methods for verifying the claimed early
reformulation and the statistical accuracy and precision of the test
methods.
C. Surplus
reduction credits issued under this regulation are calculated separately for
each early reformulated ACP product by the Department according to the
following equation:
SR = Enforceable Sales x ((VOC Content)initial - (VOC Content)final) / 100
where:
(1) SR =
Surplus reductions for the ACP product, expressed to the nearest
pound;
(2) Enforceable Sales = The
enforceable sales for the early reformulated ACP product, expressed to the
nearest pound of ACP product;
(3)
VOC Contentinitial = The pre-ACP VOC content of the ACP
product, or the applicable VOC standard specified in Regulations .04-.10 of
this chapter, whichever is the lesser of the two, expressed to the nearest 0.1
pounds of VOC per 100 pounds of ACP product; and
(4) VOC Contentfinal =
The VOC content of the early reformulated ACP product after the early
reformulation is achieved, expressed to the nearest 0.1 pounds of VOC per 100
pounds of ACP product.
D. The use of surplus reduction credits
issued under this regulation is subject to the following provisions:
(1) Surplus reduction credits will be used
solely to reconcile the responsible ACP party's shortfalls, if any, generated
during the first compliance period occurring immediately after the issuance of
the ACP agreement;
(2) Surplus
reduction credits may not be transferred to or used by any other responsible
ACP party; and
(3) Except as
provided in this regulation, surplus reduction credits are subject to all
requirements applicable to surplus reductions and surplus trading, as specified
in Regulation .21 of this chapter.
Notes
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