(a) For the
purposes of this section, "early reformulation" means an ACP product which is
reformulated to result in a reduction in the product's VOC content, and which
is sold, supplied or offered for sale in this Commonwealth for the first time
during the 1 year (365-day) period immediately prior to the date on which the
application for a proposed ACP is submitted to the Department. "Early
reformulation" does not include reformulated ACP products which are sold,
supplied or offered for sale in this Commonwealth more than 1 year prior to the
date on which the ACP application is submitted to the Department.
(b) If requested in the application for a
proposed ACP, the Department will, upon approval of the ACP, issue surplus
reduction credits for early reformulations of ACP products, provided that the
following documentation has been provided by the responsible ACP party to the
satisfaction of the Department:
(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 standards in §
130.211 (relating to table of
standards), whichever is the lesser of the two.
(2) Accurate documentation demonstrating that
the early reformulated ACP product was sold in retail outlets in this
Commonwealth within the time period specified in this section.
(3) Accurate sales records for the early
reformulated ACP product which meets the definition of "enforceable sales
records" in §
130.202 (relating to definitions),
and which demonstrate that the enforceable sales for the ACP product are at
least 75% of the gross Pennsylvania sales for the product.
(4) Accurate documentation for the early
reformulated ACP product which meets the requirements specified in this
section, and which identifies the specific test methods for verifying the
claimed early reformulation and the statistical accuracy and precision of the
test methods as specified in this section.
(c) Surplus reduction credits issued under
this section shall be calculated separately for each early reformulated ACP
product by the Department according to the following equation:
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where,
SR = surplus reductions for the ACP product,
expressed to the nearest pound
VOC contentinitial = the
Pre-ACP VOC content of the ACP product, or the applicable VOC standard
specified in §
130.211, whichever is the lesser
of the two, expressed to the nearest 0.1 pound of VOC per 100 pounds of ACP
product.
VOC contentfinal = the VOC
content of the early reformulated ACP product after the early reformulation is
achieved, expressed to the nearest 0.1 pound of VOC per 100 pounds of ACP
product.
(d) The use of
surplus reduction credits issued under this section shall be subject to the
following:
(1) Surplus reduction credits shall
be used solely to reconcile the responsible ACP party's shortfalls generated
during the first compliance period occurring immediately after the issuance of
the ACP agreement, and may not be used for another purpose.
(2) Surplus reduction credits may not be
transferred to, or used by, another responsible ACP party.
(3) Except as provided in this section,
surplus reduction credits shall be subject to the requirements applicable to
surplus reductions and surplus trading, as specified in this section.
