26.11.32.23

.23 Reconciliation of Shortfalls.

A. Determination of Shortfalls.

(1) At the end of each compliance period, the responsible ACP party shall submit to the Department an initial calculation of shortfalls occurring in that compliance period, as specified in the ACP agreement approving the ACP.

(2) Upon receipt of this information, the Department shall determine the amount of a shortfall that has occurred during the compliance period, and shall notify the responsible ACP party of this determination.

B. The responsible ACP party shall implement the reconciliation of shortfalls plan as specified in the ACP agreement approving the ACP within 30 working days from the date of written notification of a shortfall by the Department.

C. All shortfalls shall be completely reconciled within 90 working days from the date of written notification of a shortfall by the Department by implementing the reconciliation of shortfalls plan specified in the ACP agreement.

D. All requirements specified in the ACP agreement, including all applicable ACP limits, remain in effect while shortfalls are in the process of being reconciled.