§ 130.457. Limited-use surplus reduction credits for early reformulations of ACP products.
(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:
SR = Enforceable sales x ((VOC content)initial - (VOC content)final)
100
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.
Authority The provisions of this § 130.457 amended under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source The provisions of this § 130.457 amended October 10, 2008, effective October 11, 2008, 38 Pa.B. 5598. Immediately preceding text appears at serial pages (292003) to (292004).
Cross References This section cited in 25 Pa. Code § 130.202 (relating to definitions); 25 Pa. Code § 130.211 (relating to table of standards); 25 Pa. Code § 130.373 (relating to additional labeling requirements for aerosol adhesive; adhesive remover, electrical cleaner, electronic cleaner, energized electrical cleaner and contact adhesive products); and 25 Pa. Code § 130.464 (relating to treatment of information).
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