Md. Code Regs. 26.11.32.25 - Cancellation of an ACP
A. An ACP
shall remain in effect until:
(1) The ACP
reaches the expiration date specified in the ACP agreement;
(2) The ACP is modified by the responsible
ACP party and the modification is approved by the Department, as provided in
Regulation .24 of this chapter;
(3)
The ACP is modified by the Department, as provided in Regulation .24D of this
chapter;
(4) The ACP includes a
product for which the VOC standard specified in Regulation .04B is modified by
the Department in a future rulemaking, and the responsible ACP party informs
the Department in writing that the ACP will terminate on the effective date or
dates of the modified standard; or
(5) The ACP is canceled under §B of this
regulation.
B. The
Department shall cancel an ACP if one or more of the following circumstances
occur:
(1) The responsible ACP party
demonstrates to the satisfaction of the Department that the continuation of the
ACP will result in an extraordinary economic hardship;
(2) The responsible ACP party violates the
requirements of the approved ACP, and the violation results in a shortfall that
is 20 percent or more of the applicable ACP limit (that is, the ACP emissions
exceed the ACP limit by 20 percent or more);
(3) The responsible ACP party fails to meet
the requirements of the reconciliation of shortfalls plan described under
Regulation .23 of this chapter within the time periods specified; or
(4) The responsible ACP party has
demonstrated a recurring pattern of violations and has consistently failed to
take the necessary steps to correct those violations.
C. The Department may not cancel an ACP under
this regulation without first affording the responsible ACP party an
opportunity for a public comment hearing under procedures specified by State
Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, to
determine if the ACP should be canceled.
D. The responsible ACP party for an ACP which
is canceled under this regulation and who does not have a valid ACP to
immediately replace the canceled ACP shall meet all of the following
requirements:
(1) All remaining shortfalls in
effect at the time of ACP cancellation shall be reconciled under the
requirements of Regulation .23 of this chapter; and
(2) All ACP products subject to the ACP shall
be in compliance with the applicable VOC limits in Regulations .04-.10 of this
chapter immediately on the effective date of ACP cancellation.
E. A violation incurred under
Regulation .20 of this chapter may not be canceled or in any way affected by
the subsequent cancellation or modification of an ACP.
Notes
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