California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94543 - Requirements and Process for Approval of an ACP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be considered by the Executive Officer
					 for approval, an application fora proposed ACP shall be submitted in writing to
					 the Executive Officer by the responsible ACP party and shall contain all of the
					 following:
(1) an identification of the
					 contact persons, phone numbers, names and addresses of the responsible ACP
					 party which is submitting the ACP application and will be implementing the ACP
					 requirements specified in the Executive Order;
(2) a statement of whether the responsible
					 ACP party is a small business or a one-product business, as defined in section
					 94542(a)(17) and
					 (25);
(3) a listing of the exact product brand
					 name, form, available variations (flavors, scents, colors, sizes, etc.), and
					 applicable product category(ies) for each distinct ACP product that is proposed
					 for inclusion in the ACP;
(4) for
					 each proposed ACP product identified in subsection (a)(3) of this section, a
					 demonstration to the satisfaction of the Executive Officer that the enforceable
					 sales records to be used by the responsible ACP party for tracking product
					 sales meet the minimum criteria specified in subsection (a)(4)(E) of this
					 section. To provide this demonstration, the responsible ACP party shall do all
					 of the following:
(A) provide the contact
					 persons, phone numbers, names, street and mail addresses of all persons and
					 businesses who will provide information that will be used to determine the
					 Enforceable Sales;
(B) determine
					 the Enforceable Sales of each product using enforceable sales records as
					 defined in section
					 94542(a)(11);
(C) demonstrate, to the satisfaction of the
					 Executive Officer, the validity of the Enforceable Sales based on enforceable
					 sales records provided by the contact persons or the responsible ACP
					 party;
(D) calculate the percentage
					 of the Gross California Sales, as defined in section
					 94542(a)(13)
					 which is comprised of Enforceable Sales;
(E) determine which ACP products have
					 Enforceable Sales which are 75.0% or more of the Gross California Sales. Only
					 ACP products meeting this criteria shall be allowed to be sold in California
					 under an ACP.
(5) for
					 each of the ACP products identified in subsection (a)(4)(E) of this section,
					 the inclusion of the following:
(A) legible
					 copies of the existing labels for each product;
(B) the VOC Content and LVP Content for each
					 product. The VOC Content and LVP Content shall be reported for two different
					 periods, as follows:
1. the VOC and LVP
					 contents of the product at the time the application for an ACP is submitted,
					 and
2. any VOC and LVP contents of
					 the product, which have occurred at any time within the four years prior to the
					 date of submittal of the application for an ACP, if either the VOC or LVP
					 contents have varied by more than plus/minus ten percent (+ 10.0%) of the VOC
					 or LVP Contents reported in subsection (a)(5)(B)1. of this
					 section.
(6) 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 5 working days after the date an Executive
					 Order approving an ACP is signed by the Executive Officer.
(7) an operational plan covering all the
					 products identified under subsection (a)(4)(E) of this section for each
					 compliance period that the ACP will be in effect. The operational plan shall
					 contain all of the following:
(A) an
					 identification of the compliance periods and dates for the responsible ACP
					 party to report the information required by the Executive Officer in the
					 Executive Order approving an ACP. The length of the compliance period shall be
					 chosen by the responsible ACP party provided, however, that no compliance
					 period shall be longer than 365 days. The responsible ACP party shall also
					 choose the dates for reporting information such that all required VOC Content
					 and Enforceable Sales data for all ACP products shall be reported to the
					 Executive Officer at the same time and at the same frequency;
(B) an identification of specific enforceable
					 sales records to be provided to the Executive Officer for enforcing the
					 provisions of this article and the Executive Order approving an ACP. The
					 enforceable sales records shall be provided to the Executive Officer no later
					 than the compliance period dates specified in subsection (a)(7)(A) of this
					 section;
(C) for a small business
					 or a one-product business which will be relying to some extent on Surplus
					 Trading to meet its ACP Limits, a written commitment from the responsible ACP
					 party(ies) that they will transfer the Surplus Reductions to the small business
					 or one-product business upon approval of the ACP;
(D) for each ACP product, all VOC content
					 levels which will be applicable for the ACP product during each compliance
					 period. The plan shall also identify the specific method(s) by which the VOC
					 Content will be determined and the statistical accuracy and precision
					 (repeatability and reproducibility) calculated for each specified
					 method;
(E) the projected
					 Enforceable Sales for each ACP product at each different VOC Content for every
					 compliance period that the ACP will be in effect;
(F) 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 (i.e., by ACP reformulation). This
					 demonstration shall use the equations specified in section
					 94542(a)(1) and
					 (a)(2) for projecting the ACP Emissions and
					 ACP Limits during each compliance period. This demonstration shall also include
					 all VOC Content levels and projected Enforceable Sales for all ACP products to
					 be sold in California during each compliance period;
(G) 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 this article;
(H) written
					 explanations of the date-codes that will be displayed on each ACP product's
					 container or packaging;
(I) a
					 statement of the approximate dates by which the responsible ACP party plans to
					 meet the applicable VOC standards for each product in the ACP;
(J) an operational plan ("reconciliation of
					 shortfalls plan") which commits the responsible ACP party to completely
					 reconcile any shortfalls in any and 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 all of the following:
1. a clear and convincing demonstration of
					 how shortfalls of up to 5%, 10%, 15%, 25%, 50%, 75% and 100% of the applicable
					 ACP Limit will be completely reconciled within 90 working days from the date
					 the shortfall is determined;
2. a
					 listing of the specific records and other information that will be necessary to
					 verify that the shortfalls were reconciled as specified in this subsection
					 (a)(7)(J);
3. a commitment to
					 provide any record or information requested by the Executive Officer to verify
					 that the shortfalls have been completely
					 reconciled.
(8)
					 a statement, signed by a legal representative for the responsible ACP party,
					 that all information and operational plans submitted with the ACP application
					 are true and correct.