26.11.32.18

.18 Approval of an ACP Application.

A. Action on an Application.

(1) Upon receipt and review of an ACP application, the Department shall inform the applicant in writing that either:

(a) The application is complete and accepted for filing; or

(b) The application is deficient and the Department identifies the specific information required to make the application complete.

(2) If the Department finds that an application meets the requirements of Regulation .17C of this chapter, then it shall issue an ACP agreement.

(3) The Department may deny an ACP application submitted by a responsible ACP party if the Department determines, upon review of the responsible ACP party's compliance history with past or current ACPs or the requirements for consumer products of this chapter, that the responsible ACP party has a recurring pattern of violations and has consistently refused to take the necessary steps to correct those violations.

B. Approving an ACP Application.

(1) The Department shall specify the terms and conditions necessary to ensure that the emissions from the ACP products do not exceed the emissions that would have occurred if the ACP products subject to the ACP had met the VOC limits specified in Regulation .04B of this chapter.

(2) The ACP agreement shall include:

(a) Only those ACP products for which the enforceable sales are at least 75 percent of the gross State sales;

(b) A reconciliation of shortfalls plan meeting the requirements of this chapter; and

(c) Operational terms, conditions, and data to be reported to the Department to ensure that all requirements of this chapter are met.