1. (a) The Department will modify the ACP as necessary to ensure that the ACP meets the requirements of this subchapter and that the ACP emissions will not exceed the ACP limit if the Department determines one of the following:

   1. (1) The enforceable sales for an ACP product are no longer at least 75% of the gross Pennsylvania sales for that product.
   2. (2) The information submitted under the approval process in § 130.454 (relating to application for an ACP) is no longer valid.
   3. (3) The ACP emissions are exceeding the ACP limit specified in the ACP agreement.
2. (b) The Department will not modify the ACP without first affording the responsible ACP party an opportunity for a public hearing in accordance with § 130.471 (relating to public hearings) to determine if the ACP should be modified.
3. (c) If an applicable VOC standard specified in § 130.211 (relating to table of standards) is modified by CARB in a future rulemaking, the Department will modify the ACP limit specified in the ACP agreement to reflect the modified ACP VOC standards as of its effective date.

Authority

The provisions of this § 130.462 amended under section 5 of the Air Pollution Control Act (35 P. S. § 4005).

Source

The provisions of this § 130.462 amended October 10, 2008, effective October 11, 2008, 38 Pa.B. 5598. Immediately preceding text appears at serial pages (292006) and (300745).

Cross References

This section cited in 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).