26.11.32.24

.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.