<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".25" citation="COMAR 26.11.32.25" title_num="26" subtitle_num="11" chapter_num="32" heading="Cancellation of an ACP.">
  <paragraph num="A.">
    <text>An ACP shall remain in effect until:</text>
    <paragraph num="(1)">
      <text>The ACP reaches the expiration date specified in the ACP agreement;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The ACP is modified by the responsible ACP party and the modification is approved by the Department, as provided in Regulation .24 of this chapter;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The ACP is modified by the Department, as provided in Regulation .24D of this chapter;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The ACP includes a product for which the VOC standard specified in Regulation .04B is modified by the Department in a future rulemaking, and the responsible ACP party informs the Department in writing that the ACP will terminate on the effective date or dates of the modified standard; or</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The ACP is canceled under §B of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Department shall cancel an ACP if one or more of the following circumstances occur:</text>
    <paragraph num="(1)">
      <text>The responsible ACP party demonstrates to the satisfaction of the Department that the continuation of the ACP will result in an extraordinary economic hardship;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The responsible ACP party violates the requirements of the approved ACP, and the violation results in a shortfall that is 20 percent or more of the applicable ACP limit (that is, the ACP emissions exceed the ACP limit by 20 percent or more);</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The responsible ACP party fails to meet the requirements of the reconciliation of shortfalls plan described under Regulation .23 of this chapter within the time periods specified; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The responsible ACP party has demonstrated a recurring pattern of violations and has consistently failed to take the necessary steps to correct those violations.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Department may not cancel an ACP under this regulation without first affording the responsible ACP party an opportunity for a public comment hearing under procedures specified by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, to determine if the ACP should be canceled.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The responsible ACP party for an ACP which is canceled under this regulation and who does not have a valid ACP to immediately replace the canceled ACP shall meet all of the following requirements:</text>
    <paragraph num="(1)">
      <text>All remaining shortfalls in effect at the time of ACP cancellation shall be reconciled under the requirements of Regulation .23 of this chapter; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>All ACP products subject to the ACP shall be in compliance with the applicable VOC limits in Regulations .04—.10 of this chapter immediately on the effective date of ACP cancellation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A violation incurred under Regulation .20 of this chapter may not be canceled or in any way affected by the subsequent cancellation or modification of an ACP.</text>
  </paragraph>
</regulation>