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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 20. ENVIRONMENT |
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Chapter 20-7. AIR QUALITY - VOLATILE ORGANIC COMPOUNDS AND HAZARDOUS AIR POLLUTANTS |
Section 20-735. CONSUMER PRODUCTS – ALTERNATIVE CONTROL PLANS
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735.1 This section provides an alternate method to comply with the Table of Standards specified in § 720.1. This alternative is provided by allowing responsible parties the option of voluntarily entering into separate Alternative Control Plan (ACP) Agreements for consumer products, identified in §§ 719 through 737. Only responsible ACP parties for consumer products may enter into an ACP.
735.2 Any manufacturer of consumer products which has been granted an ACP Agreement by CARB under the provisions in Subchapter 8.5, Article 4, §§ 94540-94555, of Title 17 of the California Code of Regulations, shall be exempt from the Table of Standards in § 720.1 for the period of time that the CARB ACP Agreement remains in effect, provided that all ACP Products used for emissions credits within the CARB ACP Agreement are contained in the Table of Standards in § 720.1 of this chapter. Any manufacturer claiming such an ACP Agreement must submit to the Department a copy of the CARB ACP decision including the executive order and all conditions established by CARB applicable to the exemption.
735.3Manufacturers that have been granted an ACP Agreement under the ACP provision in Subchapter 8.5, Article 4, §§ 94540-94555, of Title 17 of the California Code of Regulations based on California specific data, or that have not been granted an exemption by the CARB, may apply to the Department for an ACP Agreement in accordance with §§ 735.4 to 735.23.
735.4 An application for an ACP shall be submitted in writing to the Department by the responsible ACP party and shall contain all of the following information:
(a)An identification of the contact persons, phone numbers, names, and addresses of the responsible ACP party that is submitting the ACP application and will be implementing the ACP requirements specified in the ACP Agreement;
(b)A statement of whether the responsible ACP party is a small business or a one-product business, as defined in § 799;
(c)A listing of the exact product brand name, form, available variations including but not limited to flavors, scents, colors, and sizes, and applicable product categories for each distinct product that is proposed for inclusion in the ACP;
(d)A demonstration to the satisfaction of the Department that the enforceable sales records used by the responsible ACP party to track product sales for each proposed ACP product identified in paragraph (c) of this subsection meet the minimum criteria of seventy-five percent (75%) of the District of Columbia gross sales as specified in subparagraph (d)(5) of this subsection. To provide this demonstration, the responsible ACP party shall meet all of the following requirements:
(1)Provide the contact persons, phone numbers, names, street and mailing addresses of all persons and businesses who will provide information that will be used to determine the enforceable sales;
(2)Determine the enforceable sales of each product using enforceable sales records as defined in § 799;
(3)Demonstrate to the satisfaction of the Department the validity of the enforceable sales based on enforceable sales records provided by the contact persons or the responsible ACP party;
(4)Calculate the percentage of the District of Columbia gross sales, as defined in § 799, that is comprised of enforceable sales; and
(5)Determine which ACP products have enforceable sales that are seventy-five percent (75%) or more of the District of Columbia gross sales. Only ACP products meeting these criteria shall be allowed to be sold in the District of Columbia under an ACP;
(e)For each of the ACP products identified in subparagraph (d)(5) of this subsection:
(1)Legible copies of the existing labels for each product; and
(2)The VOC content and LVP content for each product for the following time periods:
(A)At the time the application for an ACP is submitted; and
(B)At any time within the four (4) years before the date of submittal of the application for an ACP, if either the VOC or LVP contents have varied by more than plus or minus ten percent (+/- 10%) of the VOC or LVP contents reported in § 735.4(e)(2)(A);
(f) A written commitment obligating the responsible ACP party to date code every unit of each ACP product approved for inclusion in the ACP. The commitment shall require the responsible ACP party to display the date-code on each ACP product container or package no later than five (5) working days after the date an approved ACP is signed by the Department;
(g)An operational plan covering all the products identified under subparagraph (d)(5) of this subsection for each compliance period that the ACP will be in effect. The operational plan shall contain all of the following:
(1)An identification of the compliance periods and dates for the responsible ACP party to report the information required by the Department in the ACP Agreement approving an ACP:
(A)The length of the compliance period shall be chosen by the responsible ACP party provided, however, that no compliance period shall be longer than three hundred sixty-five (365) days; and
(B)The responsible ACP party shall also choose the dates for reporting information such that all required VOC content and enforceable sales data for ACP products shall be reported to the Department at the same time and at the same frequency;
(2) An identification of specific enforceable sales records to be provided to the Department for enforcing the provisions of §§ 719 through 737 and the ACP Agreement approving an ACP. The enforceable sales records shall be provided to the Department no later than the compliance period dates specified in subparagraph (g)(1) of this subsection;
(3) For a small business or a one-product business that will be relying to some extent on surplus trading to meet its ACP limits, a written commitment from the responsible ACP parties that they will be transferring the surplus reductions to the small business or one-product business upon approval of the ACP;
(4)For each ACP product, all VOC content levels which will be applicable for the ACP product during each compliance period;
(5)The plan shall also identify the specific method(s) by which the VOC content will be determined and the statistical accuracy and precision, including repeatability and reproducibility, calculated for each specified method;
(6)The projected enforceable sales for each ACP product and the different VOC contents for each compliance period that the ACP will be in effect;
(7)A detailed demonstration showing the combination of specific ACP reformulations or surplus trading, if applicable, that is sufficient to ensure that the ACP emissions will not exceed the ACP limit for each compliance period that the ACP will be in effect, the approximate date within each compliance period that such reformulations or surplus trading are expected to occur, and the extent to which the VOC contents of the ACP products will be reduced (such as, by ACP reformulation);
(A)This demonstration shall use the equations specified in § 799 for projecting the ACP emissions and ACP limits during each compliance period; and
(B)This demonstration shall also include all VOC content levels and projected enforceable sales for all ACP products to be sold in the District of Columbia during each compliance period;
(8)A certification that all reductions in the VOC content of a product will be real, actual reductions that do not result from changing product names, mischaracterizing ACP product reformulations that have occurred in the past, or any other attempts to circumvent the provisions of §§ 719 through 737;
(9)Written explanations of the date-codes that will be displayed on each ACP product container or packaging;
(10)A statement of the approximate dates by which the responsible ACP party plans to meet the applicable ACP VOC standards for each product in the ACP; and
(11)A plan for reconciling shortfalls that commits the responsible ACP party to completely reconcile any shortfalls in all cases, even, to the extent permitted by law, if the responsible ACP party files for bankruptcy protection. The plan for reconciliation of shortfalls shall contain:
(A)A clear and convincing demonstration of how shortfalls of up to five, ten, fifteen, twenty-five, fifty, seventy-five, and one hundred percent (5%, 10%, 15%, 25%, 50%, 75% and 100%) of the applicable ACP Limit will be completely reconciled within ninety (90) days from the date the shortfall is determined;
(B)A listing of the specific records and other information that will be necessary to verify that the shortfalls were reconciled as specified in this paragraph; and
(C)A commitment to provide any record or information requested by the Department to verify that the shortfalls have been completely reconciled; and
(h)A declaration, signed by a legal representative for the responsible ACP party, stating that all information and operational plans submitted with the ACP application are true and correct.
735.5 In accordance with the time periods specified in § 735.7, the Department shall issue an ACP Agreement approving an ACP application that meets the requirements of §§ 719 through 737. The Department shall specify such terms and conditions as are 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 standards specified in the Table of Standards in § 720.1. The ACP Agreement shall also include:
(a)Only those ACP products for which the enforceable sales are at least seventy-five percent (75%) of the District of Columbia gross sales, as determined in § 735.4(d);
(b)A reconciliation of shortfalls plan meeting the requirements of § 735.4(g)(11); and
(c)Operational terms, conditions, and data to be reported to the Department to ensure that all requirements of §§ 719 through 736 are met.
735.6The Department shall not approve an ACP 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 in §§ 719 through 731, that the responsible ACP party has a recurring pattern of violations and has consistently refused to take the necessary steps to correct those violations.
735.7 Unless the Department and the responsible party mutually agree to a different period of action, the Department shall take appropriate action on an ACP application within the following time periods:
(a)Within thirty (30) days of receipt of an ACP application, the Department shall inform the applicant in writing that either:
(1)The application is complete and accepted for filing; or
(2)The application is deficient, and the Department shall identify the specific information required to make the application complete;
(b)Within thirty (30) days of receipt of additional information provided in response to a determination that an ACP application is deficient, the Department shall inform the applicant in writing that either:
(1)The additional information is sufficient to make the application complete, and the application is accepted for filing; or
(2)The application is deficient, and the Department shall identify the specific information required to make the application complete;
(c)The Department shall act to approve or disapprove a complete application within ninety (90) days after the application is deemed complete.
735.8All information specified in the ACP Agreement shall be maintained by the responsible ACP party for a minimum of three (3) years after such records are generated and shall meet the following requirements:
(a)Such records shall be clearly legible and maintained in good condition during this period; and
(b)The records specified in § 735.4 shall be made available to the Department:
(1)Immediately upon request, during an on-site visit to a responsible ACP party;
(2)Within five (5) working days after receipt of a written request from the Department; or
(3)Within a time period mutually agreed upon by both the Department and the responsible ACP party.
735.9 Any person who commits a violation of this chapter is subject to the penalties specified in 20 DCMR § 105. Failure to meet any condition of an applicable ACP Agreement shall constitute a single, separate violation for each day until such requirement or condition is satisfied, unless otherwise provided in paragraphs (a) through (i) of this subsection:
(a) False reporting of any information contained in an ACP application, or any supporting documentation or amendments thereto shall constitute a single, separate violation for each day that the approved ACP is in effect;
(b) Any exceedance during the applicable compliance period of the VOC content specified for an ACP product and which is included in the ACP Agreement approving an ACP shall constitute a single, separate violation for each ACP product which exceeds the specified VOC content that is sold, supplied, offered for sale, or manufactured for use in the District of Columbia;
(c) Any of the following actions shall each constitute a single, separate violation for each day after the applicable deadline until the requirement is satisfied:
(1) Failure to report data to the Department, including but not limited to missing data, or failure to report data accurately in writing regarding the VOC content, LVP content, enforceable sales, or any other information required by any deadline specified in the applicable ACP Agreement;
(2) False reporting of any information submitted to the Department for determining compliance with the ACP requirements;
(3)Failure to completely implement the reconciliation of shortfalls plan that is set forth in the ACP Agreement, within thirty (30) days from the date of written notification of a shortfall by the Department; and
(4)Failure to completely reconcile the shortfall as specified in the ACP Agreement, within ninety (90) days from the date of written notification of a shortfall by the Department;
(d) False reporting or failure to report any of the information specified in § 735.10, or the sale or transfer of invalid surplus reductions, shall constitute a single, separate violation for each day during the time period for which the surplus reductions are claimed to be valid;
(e) Except as provided in § 735.9(f), any exceedance of the ACP limit for any compliance period that the ACP is in effect shall constitute a single, separate violation for each day of the applicable compliance period. The Department shall determine whether an exceedance of the ACP limit has occurred as follows:
(1) If the responsible ACP party has provided all required information for the applicable compliance period specified in the ACP Agreement approving an ACP, then the Department shall determine whether an exceedance has occurred using the enforceable sales records and VOC content for each ACP product, as reported by the responsible ACP party for the applicable compliance period; and
(2) If the responsible ACP party has failed to provide all the required information specified in the ACP Agreement for an applicable compliance period, the Department shall determine whether an exceedance of the ACP limit has occurred as follows:
(A) For the missing data days, the Department shall calculate the total maximum historical emissions, as specified in § 799;
(B)For the remaining portion of the compliance period which are not missing data days, the Department shall calculate the emissions for each ACP product using the enforceable sales records and VOC content that were reported for that portion of the applicable compliance period;
(C) The ACP emissions for the entire compliance period shall be the sum of the total maximum historical emissions, determined pursuant to subparagraph (e)(2)(A) of this subsection, and the emissions determined pursuant to subparagraph (e)(2)(B) of this subsection;
(D) The Department shall calculate the ACP limit for the entire compliance period using the ACP standards applicable to each ACP product and the enforceable sales records specified in subparagraph (e)(2)(B) of this subsection. The enforceable sales for each ACP product during missing data days, as specified in subparagraph (e)(2)(A) of this subsection, shall be zero (0); and
(E) An exceedance of the ACP limit has occurred when the ACP emissions, determined pursuant to subparagraph (e)(2)(C) of this subsection exceeds the ACP limit, determined pursuant to subparagraph (e)(2)(D) of this subsection;
(f) If a violation specified in paragraph (e) of this section occurs, the responsible ACP party may, pursuant to this paragraph, establish the number of violations as calculated according to the following equation:
NEV = (ACP Emissions - ACP Limit) x 1 Violation/40 Pounds
where:
NEV= number of ACP Limit violations;
ACP Emissions= the ACP Emissions for the compliance period;
ACP Limit= the ACP Limit for the compliance period; and
The responsible ACP party may determine the number of ACP Limit violations pursuant to this paragraph only if it has provided all required information for the applicable compliance period, as specified in the ACP Agreement approving the ACP. By choosing this option, the responsible ACP party waives all legal objections to the calculation of the ACP Limit violations pursuant to this subsection;
(g) In assessing the amount of penalties for any violation occurring pursuant to paragraphs (a) through (f) of this section, the circumstances identified in applicable District of Columbia health and safety laws and regulations shall be taken into consideration;
(h)A cause of action against a responsible party under this section shall be deemed to accrue on the date(s) when the records establishing the violation are received by the Department or when documents are not received as requested by the Department; and
(i) The responsible ACP party is fully liable for compliance with the requirements of this subsection, even if the responsible ACP party contracts with or otherwise relies on another person to carry out some or all of the requirements of this subsection.
735.10The Department shall issue surplus reduction certificates, which establish and quantify, to the nearest pound of VOC reduced, any surplus reductions achieved by a responsible ACP party operating under an ACP. All surplus reductions shall be calculated by the Department at the end of each compliance period within the time specified in the approved ACP. Surplus reductions can be bought from, sold to, or transferred to a responsible ACP party operating under an ACP, according to the following provisions:
(a)Surplus reduction certificates shall not constitute instruments, securities, or any other form of property;
(b)For the purposes of this regulation, VOC reductions from sources of VOCs other than consumer products subject to the VOC standards specified in the Table of Standards in § 720.1 may not be used to generate surplus reductions;
(c)Surplus reductions are valid only when generated by a responsible ACP party and only while that responsible ACP party is operating under an approved ACP;
(d) Surplus reductions are valid only after the Department has issued an ACP Agreement pursuant to § 735;
(e) Surplus reductions issued by the Department may be used by the responsible ACP party who generated the surplus until, pursuant to § 735.17:
(1) The reductions expire;
(2) The reductions are traded; or
(3) The ACP is canceled;
(f) Surplus reductions cannot be applied retroactively to any compliance period before the compliance period in which the reductions were generated;
(g) Only small or one-product businesses selling products under an approved ACP may purchase surplus reductions, except as provided in § 735.10(h)(2). An increase in the size of a small business or one-product business shall have no effect on surplus reductions purchased by that business before the date of the increase;
(h)While valid, surplus reductions may be used only for the following purposes:
(1) To adjust the ACP emissions of either the responsible ACP party who generated the reductions or the responsible ACP party to which the reductions were traded, provided the surplus reductions are not to be used by any responsible ACP party to further lower its ACP emissions when its ACP emissions are equal to or less than the ACP limit during the applicable compliance period; or
(2) To be traded for the purpose of reconciling another responsible ACP party's shortfalls, provided such reconciliation is part of the reconciliation of shortfalls plan approved by the Department pursuant to § 735.4(g)(11);
(i) A valid surplus reduction shall be in effect starting five (5) days after the date of issuance by the Department, for a continuous period equal to the number of days in the compliance period during which the surplus reduction was generated. The surplus reduction shall then expire at the end of its effective period;
(j) At least five (5) working days before the effective date of transfer of surplus reductions, both the responsible ACP party that is selling surplus reductions and the responsible ACP party that is buying the surplus reductions shall, either together or separately, notify the Department in writing of the transfer. The notification shall include all of the following:
(1) The date the transfer is to become effective;
(2) The date the surplus reductions being traded are due to expire;
(3) The amount in pounds of VOCs of surplus reductions that are being transferred;
(4) The total purchase price paid by the buyer for the surplus reductions;
(5) The contact persons, names of the companies, street and mail addresses, and telephone numbers of the responsible ACP parties involved in the trading of the surplus reductions; and
(6) A copy of the District of Columbia-issued surplus reductions certificate, signed by both the seller and buyer of the certificate, showing transfer of all or a specified portion of the surplus reductions;
(A)The copy shall show the amount of any remaining non-traded surplus reductions, if applicable, and their expiration date; and
(B)The copy shall indicate that both the buyer and seller of the surplus reductions fully understand the conditions and limitations placed upon the transfer of the surplus reductions and accept full responsibility for the appropriate use of such surplus reductions as provided in this section; and
(k)Surplus reduction credits shall only be traded between ACP parties for consumer products.
735.11The use of limited-use surplus reduction credits for early reformulations of ACP products shall comply with the following provisions:
(a) For the purposes of this section, early reformulation means an ACP product that is reformulated to result in a reduction in the product's VOC content, and which is sold, supplied, or offered for sale in the District of Columbia for the first time during the three hundred sixty-five (365) day period immediately before the date wherein the application for a proposed ACP is submitted to the District. Early reformulation does not include any reformulated ACP product that is sold, supplied, or offered for sale in the District of Columbia more than one (1) year before the date on which the ACP application is submitted to the Department;
(b)If requested in the application for an ACP, the Department shall, upon approval of the ACP, issue surplus reduction credits for early reformulations of ACP products, provided that all of the following documentation has been submitted 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 that is below the pre-ACP VOC content of the product, or below the applicable VOC standard specified in the Table of Standards in § 720.1, whichever is the lesser of the two;
(2) Accurate documentation demonstrating that the early reformulated ACP product was sold in District of Columbia retail outlets within the time period specified in paragraph (a) of this section;
(3) Accurate sales records for the early reformulated ACP product that meet the definition of enforceable sales records as defined in § 799, and which demonstrate that the enforceable sales for the ACP product are at least seventy-five percent (75%) of the District of Columbia gross sales for the product, as specified in § 735.4(d); and
(4) Accurate documentation for the early reformulated ACP product that meets the requirements specified in § 735.4(c)-(d), § 735.4(g)(8)-(9), and which identifies the specific test methods for verifying the claimed early reformulation(s) and the statistical accuracy and precision of the test methods as specified in § 735.4(g)(4)-(5);
(c) Surplus reduction credits issued pursuant to this section shall be calculated separately for each early reformulated ACP product by the Department according to the following equation:
SR = Enforceable Sales x ((VOC Content)initial (VOC Content)final) 100
where:
SR= Surplus Reductions for the ACP product, expressed to the nearest pound;
Enforceable
Sales= the Enforceable Sales for the early reformulated ACP product, expressed to the nearest pound of ACP product;
VOC
Contentinitial= the Pre-ACP VOC content of the ACP product, or the applicable VOC standard specified in §720, whichever is the lesser of the two, expressed to the nearest one tenth of a pound (0.1 lb.) of VOC per one hundred pounds (100 lb.) of ACP product;
VOC
Contentfinal= the VOC Content of the early reformulated ACP product after the early reformulation is achieved, expressed to the nearest one tenth of a pound (0.1 lb.) of VOC per one hundred pounds (100 lb.) of ACP product; and
(d) The use of surplus reduction credits issued pursuant to this section shall be subject to all of the following provisions:
(1) Surplus reduction credits shall be used solely to reconcile the responsible ACP party's shortfalls, if any, generated during the first compliance period occurring immediately after the issuance of the ACP Agreement approving an ACP, and shall not be used for any other purpose;
(2)Surplus reduction credits shall not be transferred to, or used by, any other responsible ACP party; and
(3) Except as provided in this section, surplus reduction credits shall be subject to all requirements applicable to surplus reductions and surplus trading, as specified in § 735.10.
735.12At the end of each compliance period, the responsible ACP party shall make an initial calculation of any shortfalls occurring in that compliance period, as specified in the ACP Agreement approving the ACP. Upon receipt of this information, the Department shall determine the amount of any shortfall that has occurred during the compliance period, and shall notify the responsible ACP party of this determination:
(a)The responsible ACP party shall implement the reconciliation of shortfalls plan as specified in the ACP Agreement approving the ACP, within thirty (30) days from the date of written notification of a shortfall by the District;
(b) All shortfalls shall be completely reconciled within ninety (90) 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 approving the ACP; and
(c)All requirements specified in the ACP Agreement approving an ACP, including all applicable ACP limits, shall remain in effect while any shortfalls are in the process of being reconciled.
735.13The responsible ACP party shall notify the Department, in writing, of any change in an ACP product's name, formulation, form, function, applicable product categories, VOC content, LVP content, date-codes, or recommended product usage directions, no later than fifteen (15) days from the date such a change occurs. These modifications do not need Department pre-approval, but 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.
735.14Modifications to the enforceable sales records or reconciliation of shortfalls plan specified in the ACP Agreement approving the ACP require Department pre-approval and shall comply with the following requirements:
(a)Any such proposed modifications shall be fully described in writing and forwarded to the Department;
(a) The responsible ACP party shall clearly demonstrate that the proposed modifications will meet the requirements of §§ 719 through 737; and
(c)The Department shall act on the proposed modifications using the procedure set forth in § 735.7. The responsible ACP party shall meet all applicable requirements of the existing ACP until such time that any proposed modification is approved in writing by the Department.
735.15Except as otherwise provided in § 735.13 and 735.14, the responsible ACP party shall notify the Department, in writing, of any information learned of by the responsible ACP party which may alter any of the information submitted pursuant to the requirements of § 735. The responsible ACP party shall provide such notification to the Department no later than fifteen (15) working days from the date such information is known to the responsible ACP party.
735.16To ensure that the ACP meets all of the requirements of this chapter and that the ACP emissions will not exceed the ACP limit, the District shall modify the ACP under the following conditions as necessary:
(a)If the District determines that:
(1)The enforceable sales for an ACP product are no longer at least seventy-five percent (75%) of the District of Columbia gross sales for that product;
(2)The information submitted pursuant to the approval process set forth in §735 is no longer valid; or
(3)The ACP emissions are exceeding the ACP limit specified in the ACP Agreement approving an ACP;
(b)If the responsible ACP party has had an opportunity for a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501, et seq.(2006 Repl.), to determine if the ACP should be modified; and
(c)If any applicable VOC standards specified in the Table of Standards in § 720.1 are modified by the California Air Resources Board (CARB) in a future rule making, the Department shall modify the ACP limit specified in the ACP Agreement approving an ACP to reflect the modified ACP VOC standards as of their effective dates.
735.17An ACP shall remain in effect until the following occurs:
(a) The ACP reaches the expiration date specified in the ACP Agreement;
(b)The ACP is modified by the responsible ACP party and approved by the Department, as provided in § 735.13 and 735.14;
(b) The ACP is modified by the Department, as provided in § 735.16;
(d) The ACP includes a product for which the VOC standard specified in the Table of Standards in § 720.1 is modified by the Department in a future rule making, and the responsible ACP party informs the Department in writing that the ACP will terminate on the effective date of the modified standard; or
(e) The ACP is cancelled pursuant to § 735.18.
735.18The Department shall cancel an ACP if any of the following circumstances occur:
(a) The responsible ACP party demonstrates to the satisfaction of the Department that the continuation of the ACP will result in an extraordinary economic hardship;
(b) The responsible ACP party violates the requirements of the approved ACP, and the violation results in a shortfall that is twenty percent (20%) or more of the applicable ACP limit, meaning that the ACP Emissions exceed the ACP Limit by twenty percent (20%) or more;
(c) The responsible ACP party fails to meet the requirements of § 735.12 within the time periods specified in § 735.12; or
(d)The responsible ACP party has demonstrated a recurring pattern of violations and has consistently failed to take the necessary steps to correct those violations.
735.19The Department shall not cancel an ACP pursuant to § 735.18 without first affording the responsible ACP party an opportunity for a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501, et seq.(2006 Repl.), to determine if the ACP should be canceled.
735.20The responsible ACP party for an ACP that is canceled pursuant to this section and who does not have a valid ACP to immediately replace the canceled ACP shall meet all of the following requirements:
(a)All remaining shortfalls in effect at the time of ACP cancellation shall be reconciled in accordance with the requirements of § 735.12; and
(b)All ACP products subject to the ACP shall be in compliance with the applicable VOC standards in the Table of Standards in § 720.1 immediately upon the effective date of ACP cancellation.
735.21Any violations incurred pursuant to § 735.9 shall not be cancelled or in any way affected by the subsequent cancellation or modification of an ACP pursuant to § 735.13 through 735.18.
735.22The information required by § 735.4(a), 735.4(b), and 735.10 is public information that may not be claimed as confidential. All other information submitted to the Department to meet the requirements of this regulation shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR § 106.
735.23A responsible ACP party may transfer an ACP to another responsible ACP party, provided that all of the following conditions are met:
(a)The Department shall be notified, in writing, by both responsible ACP parties participating in the transfer of the ACP and its associated ACP Agreement;
(1)The written notifications shall be postmarked at least five (5) working days before the effective date of the transfer and shall be signed and submitted separately by both responsible parties; and
(2)The written notifications shall clearly identify the contact persons, business names, mail and street addresses, and telephone numbers of the responsible parties involved in the transfer; and
(b)The responsible ACP party to which the ACP is being transferred shall provide a written declaration stating that the transferee shall fully comply with all requirements of the ACP Agreement.