Section 096-152-11 - Alternative Control Plan (ACP) for Consumer ProductsThe purpose of this section is to provide an alternative method to comply with the Table of Standards specified in Section 3(A). This alternative is provided by allowing responsible ACP parties the option of voluntarily entering into separate "alternative control plans" for consumer products, as specified in Sections 1 through 11 of this regulation. Only responsible ACP parties for consumer products may enter into an ACP.
A. Any manufacturer of consumer products which has been granted an ACP Agreement by the CARB under the provisions in of Title 17, California Code of Regulations Subchapter 8.5, Article 4, Sections 94540-94555, or another state with a similar ACP Agreement procedure shall be, for the products included in the ACP Agreement, exempt from the table of standards in Section 3(A) for the period of time that the ACP Agreement remains in effect. Any manufacturer claiming such an ACP Agreement on this basis must submit to the Department a copy of the ACP decision, including all conditions applicable to the exemption. An ACP Agreement shall be effective in Maine only if EPA has approved the agreement in Maine's State Implementation Plan.B. A responsible ACP party may transfer an ACP to another responsible ACP party, provided that all of the following conditions are met: (1) The Department shall be notified, in writing, by both responsible ACP parties participating in the transfer of the ACP and its associated ACP agreement. The written notifications shall be postmarked at least five (5) working days prior to the effective date of the transfer and shall be signed and submitted separately by both responsible parties. The written notifications shall clearly identify the contact persons, business names, mail and street addresses and phone numbers of the responsible parties involved in the transfer.(2) 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 approving the ACP and this regulation.06- 096 C.M.R. ch. 152, § 11