Section 223.245  Alternative Compliance Plans

a)         The purpose of this Section is to provide an alternative method to comply with the limits in Section 223.205(a).  This alternative is provided by allowing responsible ACP parties the option of voluntarily entering into separate ACPs for consumer products, as specified in this Subpart.  Only responsible ACP parties for consumer products may enter into an ACP.

b)         Any manufacturer of consumer products that has been granted an ACP Agreement by the CARB under the provisions in 17 CCR §§ 94540-94555, incorporated by reference in Section 223.120, shall be exempt from the limits in Section 223.205(a) for the period of time that the CARB ACP Agreement remains in effect, provided that all ACP products used for emissions credits within the CARB ACP Agreement are contained in Section 223.205(a).  Any manufacturer claiming such an ACP Agreement on this basis must submit to the Agency a copy of the CARB ACP decision (i.e., the Executive Order), including all conditions established by the CARB applicable to the exemption.

c)         Recordkeeping and Availability of Requested Information.

1)         All information specified in the ACP Agreement approving an ACP shall be maintained by the responsible ACP party for a minimum of three years after the expiration of the ACP.  The records shall be clearly legible and maintained in good condition during this period.

2)         The records specified in subsection (c)(1) shall be made available to the Agency or its authorized representative upon request.