Md. Code Regs. 26.11.32.24 - Modifications to an ACP
A.
Modifications That Do Not Require Department Pre-Approval.
(1) The responsible ACP party shall notify
the Department, in writing, not later than 15 working days from the date of a
change to an ACP product's:
(a)
Name;
(b) Formulation;
(c) Form;
(d) Function;
(e) Applicable product category;
(f) VOC content;
(g) LVP content;
(h) Date-codes; or
(i) Recommended product usage
directions.
(2) For each
modification, the notification shall fully explain the following:
(a) The nature of the modification;
(b) The extent to which the ACP product
formulation, VOC content, LVP content, or recommended usage directions will be
changed;
(c) The extent to which
the ACP emissions and ACP limit specified in the ACP agreement will be changed
for the applicable compliance period; and
(d) The effective date and corresponding
date-codes for the modification.
B. Modifications That Require Department
Pre-Approval.
(1) A responsible ACP party may
propose modifications to the enforceable sales records or reconciliation of
shortfalls plan specified in the ACP agreement approving the ACP if the
responsible party:
(a) Describes the proposed
modification fully in writing and forwards the description to the Department;
and
(b) Clearly demonstrates that
the proposed modifications will meet the requirements of this
chapter.
(2) The
responsible ACP party shall meet all applicable requirements of the existing
ACP until a proposed modification is approved in writing by the
Department.
(3) The Department
shall act on the proposed modifications using the procedure set forth in
Regulation .24 of this chapter.
C. Other Modifications. Except as otherwise
provided in §A or B of this regulation, the responsible ACP party shall
notify the Department in writing of information learned by the responsible ACP
party that may alter the information submitted under the requirements of this
regulation not later than 15 working days from the date the information is
known to the responsible ACP party.
D. Modification of an ACP by the Department.
(1) The Department shall modify an ACP as
necessary to ensure that the ACP meets all requirements of this chapter and
that the ACP emissions will not exceed the ACP limit if the Department
determines that:
(a) The enforceable sales for
an ACP product are no longer at least 75 percent of the gross State sales for
that product;
(b) The information
submitted under the approval process set forth in §C of this regulation is
no longer valid; or
(c) The ACP
emissions are exceeding the ACP limit specified in the ACP agreement.
(2) The Department may not modify
the ACP without first affording the responsible ACP party an opportunity for
public comment in accordance with the procedures specified in applicable State
laws and regulations to determine if the ACP should be modified.
(3) If an applicable VOC limit specified in
Regulation .04B of this chapter is modified by CARB in a future rulemaking, the
Department shall modify the ACP limit specified in the ACP agreement to reflect
the modified ACP VOC standards as of the effective dates of their modification
by CARB.
Notes
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