California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 14 - Verification Procedure, Warranty and in-Use Compliance Requirements for in-Use Strategies to Control Emissions from Diesel Engines
Section 2709 - In-Use Compliance Requirements

Universal Citation: 13 CA Code of Regs 2709

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Applicability. These in-use compliance requirements apply to all diesel emission control strategies for on-road, off-road, stationary, marine, RTG crane, APU, and TRU applications. It is the responsibility of the applicant to perform in-use compliance testing for each verified diesel emission control strategy family (see section 2706(j)(2)). Field testing is required when 100 units within a given diesel emission control strategy family have been sold or leased in the California market and emissions testing when 300 units have been sold or leased in the California market. Diesel emission control strategies that consist solely of a fuel additive or an alternative diesel fuel are only required to perform in-use compliance emissions testing or comply with other tests and conditions approved by the Executive Officer at the time of verification. For entirely fuel-based strategies, in-use compliance emissions testing is required, if not specified in the Executive Order, when:

(1) 6 million gallons of treated or alternative fuel are sold in the California market or 3 years after receiving verification, whichever comes first, or;

(2) The Executive Officer determines an alternative strategy is necessary based upon economic and engineering justifications provided by the applicant at the time of verification.

Applicants must submit an in-use compliance testing proposal for approval by the Executive Officer prior to performing either in-use compliance field or emissions testing.

(b) Alternative Test Schedule. Applicants may elect to skip field testing and perform only in-use compliance emissions testing when 100 units within a given diesel emission control strategy family name have been sold or leased in the California market. Applicants selecting this option must test a minimum of 4 diesel emission control strategies for each family name per the Emissions Testing requirements of section 2709(c)(2) and the In-Use Compliance Emissions Testing procedures of section 2709(i).

(c) Age of Test Units. For both field and emissions testing, applicants must select test units for each diesel emission control strategy family based on the following:

(1) Field Testing. For field testing, applicants must identify and test diesel emission control strategies once they have been operated for at least 25 percent of their minimum warranty period or for one year, whichever comes first.

(2) Emissions Testing. For emissions testing, applicants must obtain and test diesel emission control strategies once they have been operated for at least 60 percent of their minimum warranty period or for three years, whichever comes first. For all systems used with heavy heavy-duty vehicles, only test units that adhere to the 5 year or 150,000 mile minimum warranty period may be selected.

(d) In-Use Compliance Testing Proposals. Applicants with entirely fuel-based strategies must submit to the Executive Officer an in-use compliance emissions testing proposal no later than 90 days after meeting the requirements specified in section 2709(a). All other applicants must submit to the Executive Officer a separate in-use compliance testing proposal for both field and emissions testing for each family name. The in-use compliance field testing proposal must be submitted to the Executive Officer no later than 90 days after selling or leasing in the California market the 100th unit. Applicants that fail to submit their field testing proposal within 90 days after selling or leasing the 100th unit will be required to follow the Alternative Test Schedule. The in-use compliance emissions testing proposal must be submitted to the Executive Officer within 90 days after selling or leasing in the California market the 300th unit. Each in-use compliance testing proposal shall be submitted in the format specified by the Executive Officer and at a minimum include:

1. In-Use Compliance Field Testing Proposal
1.1 A cover letter signed by the applicant that includes the following information:
1.1.1 Diesel emission control strategy family name.

1.1.2 A statement that the author of the cover letter has the authority to represent the applicant with their in-use compliance field testing for this diesel emission control strategy family name.

1.1.3 A statement that the applicant agrees to adhere to the in-use compliance requirements of this Procedure.

1.1.4 Anticipated dates of in-use compliance field tests and final test report submittal.

1.2 Applicant identification information including:
1.2.1 Primary contact responsible for in-use compliance field testing information including contact information (e.g. name, mailing address, email address, telephone numbers).

1.2.2 Brief description of the contact's association to the verification holder.

1.3 Diesel emission control strategy family name.

1.4 Parties to be involved in conducting in-use compliance field tests.

1.5 Identification and description of all test equipment, test personnel, and qualifications or certifications.

1.6 Quality control and quality assurance procedures for the test equipment.

1.7 List of 10 candidate test units for Executive Officer review with the following information for each:
1.7.1 Vehicle or equipment make, model, and model year upon which the proposed test unit is installed.

1.7.2 Statement that the applicant has access to and has reviewed each vehicles' or equipments' maintenance records.

1.7.3 Vehicle or equipment location of operation and description (e.g. route delivery, trash collection, front-end loader, etc.).

1.7.4 Engine information including engine family name, make, model, series, displacement, model year, and horsepower upon which the proposed test unit is installed.

1.7.5 Proposed test unit serial number and serial number of each component of the diesel emission control strategy.

1.7.6 Date of manufacture of the proposed test unit.

1.7.7 Date of installation of the proposed test unit and name of installer.

1.7.8 Proposed test unit size information, if applicable.

1.7.9 Proposed test unit cleaning/repair history, if available.

1.8 A description and explanation of the methodology used to ensure that the proposed test units are representative of the engines or vehicles equipped with the applicant's diesel emission control strategy (e.g. statistical analysis, sales data, etc.).

1.9 Cumulative sales of the diesel emission control strategy family name.

1.10 Current and predicted mileage or hours of use each proposed test unit will have accrued by the time it is tested by the applicant.

1.11 Information regarding warranty claims for the diesel emission control strategy family and a statement that these claims for the same properly maintained and used part or component of the diesel emission control strategy have not exceeded the four percent threshold of section 2707(c), if accurate. If not, additional information as required.

1.12 Identification of the specific test methodology that will be used to assess the in-field diesel emission control strategies.

1.13 Identification of the additional functional and visual tests that will be performed by the applicant to demonstrate the continuing functionality and durability of their diesel emission control strategy, including the criteria that will be used to analyze the results and determine compliance.

2. In-Use Compliance Emissions Testing Proposal
2.1 A cover letter signed by the applicant that includes the following information:
2.1.1 Diesel emission control strategy family name.

2.1.2 A statement that the author of the cover letter has the authority to represent the applicant with their in-use compliance testing for this diesel emission control strategy family name.

2.1.3 A statement that the applicant agrees to adhere to the in-use compliance requirements of this Procedure.

2.1.4 Anticipated dates of in-use compliance tests and final test report submittal.

2.2 Applicant identification information including:
2.2.1 Primary contact responsible for in-use compliance testing information including contact information (e.g. name, mailing address, email address, telephone numbers).

2.2.2 Brief description of the contact's association to the verification holder.

2.3 Diesel emission control strategy family name.

2.4 Parties to be involved in conducting in-use compliance emissions tests including: contact person for the selected emissions test facility or on-site testing company and identification of person or company responsible for removing test units.

2.5 Emissions test facility or on-site testing company identification and description of capabilities.

2.6 Quality control and quality assurance procedures for the test equipment, test procedures, and test facility.

2.7 List of 10 candidate test units for Executive Officer review with the following information for each:
2.7.1 Vehicle or equipment make, model, and model year upon which the proposed test unit is installed.

2.7.2 Statement that the applicant has access to and has reviewed each vehicles' or equipment's' maintenance records.

2.7.3 Vehicle or equipment location of operation and description (e.g. route delivery, trash collection, front-end loader, etc.).

2.7.4 Engine information including engine family name, make, model, series, displacement, model year, and horsepower upon which the proposed test unit is installed.

2.7.5 Proposed test unit serial number and serial number of each component of the diesel emission control strategy.

2.7.6 Date of manufacture of the proposed test unit.

2.7.7 Date of installation of the proposed test unit and name of installer.

2.7.8 Proposed test unit size information, if applicable.

2.7.9 Proposed test unit cleaning/repair history.

2.8 A description and explanation of the methodology used to ensure that the proposed test units are representative of the engines or vehicles equipped with the applicant's diesel emission control strategy (e.g. statistical analysis, sales data, etc.). If an applicant's representative sample would require multiple test engines to comply with the requirements of the this section, the applicant may propose an alternative selection strategy but must provide a detailed engineering argument that clearly shows that the alternative selections represent test units from the representative group that provide the greatest challenge in meeting the requirements of section 2709(m). All such requests require the approval of the Executive Officer.

2.9 Cumulative sales of the diesel emission control strategy family name.

2.10 Current and predicted mileage or hours of use each proposed test unit will have accrued by the time it is obtained by the applicant for in-use compliance emissions testing.

2.11 Information regarding warranty claims for the diesel emission control strategy family and a statement that these claims for the same properly maintained and used part or component of the diesel emission control strategy have not exceeded the four percent threshold of section 2707(c), if accurate. If not, additional information as required.

2.12 Description of the emissions test vehicles and/or engines (engine family name, make, model, series, model year, displacement, horsepower, verification that the test engine(s) are California exhaust emissions certified, verification that the test engine is listed in the applicants emission control group, identification of any maintenance, repairs, or reflash).

2.13 A testing plan for meeting the requirements of part (h) below including:
2.13.1 Identification of the procedures and equipment that will be used by the applicant, the applicant's emissions test facility or on-site testing company.

2.13.2 For strategies that were determined to have a propensity to increase emissions of NO2 during the initial verification process, identification of the reference test units specified in section 2706, the preconditioning procedures that will be used, and the determination of backpressure procedures that will be used during emissions testing.

2.13.3 For strategies that have a distinct regeneration event, identification of the procedures that will be used to quantify the regeneration emissions.

2.13.4 Identification of all test cycles and how many repetitions of each cycle will be performed.

2.13.5 Identification of the type of dynamometer testing that will be performed or the use of any load banks or other such devices.

2.13.6 Identification of the procedures that will be used to validate the test engine(s).

2.13.7 Identification of the specific sequence of events that will be followed during emissions testing.

2.13.8 Identification of the test fuel that will be used during emissions testing and any analytical procedures that will be used to validate the test fuel.

2.14 Identification of the additional functional and visual tests that will be performed by the applicant to demonstrate the continuing functionality and durability of their diesel emission control strategy, including the criteria that will be used to analyze the results and determine compliance.

Within 45 days of receipt of any completed testing proposal, the Executive Officer shall determine whether the applicant has an appropriate testing proposal to support in-use compliance testing. The in-use testing proposal will not be considered approved until the Executive Officer issues the applicant an in-use compliance test plan approval letter. If the Executive Officer determines that the testing proposal is insufficient or inappropriate, the applicant must, within 30 days, submit a revised testing proposal.

(e) Selection of Diesel Emission Control Strategies for Testing. For each diesel emission control strategy family and for both field and emissions testing, the applicant must propose a representative sample of ten installed diesel emission control strategies for in-use compliance testing based on information provided per section 2709(d) for review and approval by the Executive Officer. The selected diesel emission control strategies should come from a representative sample of engines or vehicles equipped with the control strategies. The applicant must provide an explanation of the methodology used to ensure that the proposed test units are representative of the engines or vehicles equipped with the applicant's diesel emission control strategy. This methodology must be based on relevant data (e.g. cumulative sales information, size distribution, operating conditions, etc.) and these data must be provided with a detailed explanation for Executive Officer review and approval. The engines or vehicles equipped with the selected diesel emission control strategies may receive a tune-up or normal maintenance prior to the applicant obtaining the diesel emission control strategies for testing. The applicant must obtain information from the end users regarding the diesel emission control strategies' accumulated mileage or hours of usage, maintenance records (to the extent practicable), operating conditions, cleaning history (if available), and a description of any unscheduled maintenance that may affect the emission results.

(f) Selection of Test Engines. The Executive Officer must approve the appropriate emissions test engines or vehicles for in-use compliance emissions testing. The applicant must provide proposed test vehicles/ engines for the Executive Officer's review in their in-use compliance emissions testing proposal. If the Executive Officer determines that a diesel emission control strategy affects the performance of the engine, the Executive Officer may require the applicant to test the selected diesel emission control strategy with the engine on which it is installed (e.g. fuel-based strategies). The applicant may tune-up or rebuild test engines prior to, but not after, baseline testing unless rebuilding the engine is an integral part of the diesel emission control strategy. All testing should be performed with the test engine in a proper state of maintenance. A test engine is generally determined to be in a proper state of maintenance if its emissions levels are within 10 percent of its original certification values. Emissions of NO2 from the test engine must not exceed 15 percent of the total baseline NOx emissions by mass. If there is a special category of engines with NO2 emission levels that normally exceed 15 percent, this requirement may be adjusted for those engines at the discretion of the Executive Officer.

(g) Number of Diesel Emission Control Strategies to be Tested. The number of diesel emission control strategies an applicant must test will be determined as follows:

(1) For in-use compliance field testing, applicants must test a minimum of eight diesel emission control strategies per family name. For each diesel emission control strategy tested that fails to meet the requirements of section 2709(m), two more diesel emission control strategies from the same family must be identified and tested.

(2) For in-use compliance emissions testing, applicants must test a minimum of four diesel emission control strategies per family name. For each diesel emission control strategy that fails to meet the requirements of section 2709(m), two more diesel emission control strategies from the same family must be obtained and tested.

(3) The total number of strategies tested for either field or emissions testing shall not exceed ten per diesel emission control strategy family.

(4) At the discretion of the Executive Officer, applicants may begin testing more than the minimum number of diesel emission control strategies. Applicants may concede failure of their in-use compliance requirements for their diesel emission control strategy family before testing a total of ten diesel emission control strategies.

(h) In-Use Compliance Field Testing. Applicants must propose a test methodology that can be used in-field to determine if the applicant's diesel emission control strategy continues to successfully reduce emissions such as a smoke opacity test that meets the requirements of the Society of Automotive Engineers J1667 test procedures or similar (i.e., portable emissions monitoring system). Applicants must also perform tests to demonstrate the continuing functionality and durability of their diesel emission control strategy. Applicants must identify specific test procedures and inspections that will be used to verify that all parts of the diesel emission control strategy are intact and functioning as originally verified (e.g. electronic control units, backpressure monitors, temperature sensors, hoses, brackets, etc.). These test procedures and inspections, including proposed criteria that will be used to analyze the results to determine compliance, must be defined in the applicant's in-use compliance field testing proposal and receive Executive Officer approval prior to performing in-use compliance field testing.

(i) In-use Compliance Emissions Testing. Applicants must follow the test procedures used for emission reduction verification as described in section 2703 (both baseline and control tests are required). Applicants must also perform tests to demonstrate the continuing functionality and durability of their diesel emission control strategy. Applicants must identify specific test procedures and inspections that will be used to verify that all parts of the diesel emission control strategy are intact and functioning as originally verified (e.g. electronic control units, backpressure monitors, temperature sensors, hoses, brackets, etc.). These test procedures and inspections, including proposed criteria that will be used to analyze the results to determine compliance, must be defined in the applicant's in-use compliance testing proposal and receive Executive Officer approval prior to performing in-use compliance emissions testing. As provided in section 2709(j), the applicant may request the Executive Officer to review and approve an alternative testing procedure. If a diesel emission control strategy verified by U.S. EPA must perform engine dynamometer testing with the Heavy-duty Transient FTP cycle to fulfill the in-use compliance requirements of that program, but was verified by the Executive Officer with chassis dynamometer testing, the Executive Officer will also accept testing with the Heavy-duty Transient FTP cycle for the in-use compliance requirements of this Procedure.

(j) Alternative Test Cycles and Methods. The Executive Officer may consider, on a case by case basis, an alternative test plan or method for applicants to satisfy the in-use compliance requirements of this section. For in-use compliance emissions testing, the proposed alternative test plan must be as scientifically sound as the testing described in section 2709(i) of the Procedure and it must produce accurate results that will indicate if the emission control strategy reduces emissions to the level for which it was verified. For in-use compliance field testing, the proposed alternative test plan must show that the diesel emission control strategy continues to function properly and indicate if the strategy is damaged or compromised in any way. Use of an alternative test procedure must be approved by the Executive Officer.

(k) In-Use Compliance Report. The applicant must submit an in-use compliance report to the Executive Officer after either field or emissions in-use compliance testing. The applicant must submit the in-use compliance field testing report no later than 18 months after selling or leasing the 100th unit in the California market, or for entirely fuel-based strategies, no later than 18 months after meeting the requirements specified in section 2709(a). The applicant must submit the in-use compliance emissions testing report no later than 18 months after selling or leasing the 300th unit in the California market. The following information must be reported for each of the diesel emission control strategies tested:

(1) Diesel emission control strategy family name.

(2) Parties involved in conducting the in-use compliance tests.

(3) Test unit serial number and serial number of each component of the diesel emission control strategy, installation date, and manufacture date.

(4) Vehicle or equipment and type of engine (engine family name, make, model year, model, displacement, etc.) the diesel emission control strategy was applied to.

(5) Mileage or hours the diesel emission control strategy was in use.

(6) Results of all emissions testing or field testing, documentation of any inspections, and results of all additional tests defined in the applicant's approved in-use compliance testing proposal.

(7) Summary of all maintenance, adjustments, modifications, and repairs performed on the diesel emission control strategy.

(8) Results of any quality control and quality assurance procedures for the test equipment, test procedures, and test facility and identification of all test equipment.

(9) For in-use compliance emissions testing, the raw, real-time data for all baseline and control tests and, if required, the backpressure check specified in section 2706(a)(4)(C). These are the raw data from which emissions test results are derived. (e.g., analyzer voltage readings recorded at a frequency of 1 Hertz).

(l) The Executive Officer may request the applicant to perform additional in-use testing if, at any time, the cumulative number of valid warranty claims for the same part or component of the diesel emission control strategy exceed four percent of the cumulative sales or leases for the diesel emission control strategy family, or based on other relevant information. As noted in section 2707(c), if the cumulative number of valid warranty claims for the same part or component of a diesel emission control strategy exceed four percent of the cumulative sales or leases of the diesel emission control strategy family, the applicant must notify the Executive Officer and submit a warranty report within 30 calendar days of that time.

(m) Conditions for Passing In-Use Compliance Testing.

(1) In-Use Compliance Field Testing. Each diesel emission control strategy subject to the in-use compliance field testing requirements of section 2709(h) passes in-use compliance field testing if:
(A) The strategy meets the average opacity level or meets the alternative test criteria defined in the applicants in-use compliance test plan approval letter issued by the Executive Officer, and

(B) The strategy meets the additional functional and visual test requirements defined in the applicant's in-use compliance test plan approval letter issued by the Executive officer.

If the first eight diesel emission control strategies tested within a diesel emission control strategy family meet these standards, the diesel emission control strategy family passes in-use compliance field testing. If any of the first eight diesel emission control strategies tested within a diesel emission control strategy family fail to meet these standards, and more than eight units are tested, at least nine units tested must meet these standards for the diesel emission control strategy family to pass in-use compliance field testing.

(2) In-Use Compliance Emissions Testing. Each diesel emission control strategy subject to the in-use compliance emissions testing requirements of section 2709(i) passes in-use compliance emissions testing if:
(A) Emission test results indicate that the strategy reduced emissions by at least 90 percent of the lower bound of the emission reduction level the Executive Officer originally verified it to, and,

(B) If required, the strategy meets the additional functional and visual test requirements defined in the applicant's in-use compliance test plan approval letter issued by the Executive officer, and

(C) If required, the strategy meets the requirements of section 2706(a) with the exception that the strategy does not increase emissions of NO2 by more than an increment equivalent in mass to 33 or 22 percent of the baseline NOx emission level for systems verified under the 30 or 20 percent NO2 limits, respectively.

If the first four diesel emission control strategies tested within a diesel emission control strategy family meet these standards, the diesel emission control strategy family passes in-use compliance emissions testing. If any of the first four diesel emission control strategies tested within a diesel emission control strategy family fail to meet these standards, and more than four units are tested, at least 70 percent of all units tested must meet these standards for the diesel emission control strategy family to pass in-use compliance emissions testing. Within 30 days of a test unit failing to meet the requirements of section 2709(m)(1) or section 2709(m)(2), the applicant must submit to the Executive Officer an investigative report detailing the causes of the failure and if necessary, a new in-use compliance testing proposal compliant with section 2709(d) for approval requesting additional test units. The Executive Officer shall, within 45 days of its receipt, determine whether the in-use compliance testing proposal is acceptable. After receiving approval from the Executive Officer, the applicant must complete testing.

(n) Failure of In-use Compliance Testing. If a diesel emission control strategy family does not meet the minimum in-use compliance requirements of this section, the applicant must submit a remedial report within 90 days after the in-use compliance report is submitted. The remedial report must include:

(1) Summary of the in-use compliance report.

(2) Detailed analysis of the failed diesel emission control strategies and possible reasons for failure.

(3) Remedial measures to correct or replace failed diesel emission control strategies as well as the rest of the strategies in the diesel emission control strategy family.

(o) The Executive Officer shall evaluate the remedial report, annual warranty report, and all other relevant information to determine if the diesel emission control strategy family satisfies the in-use compliance requirements. The Executive Officer may request additional information from the applicant. Based on this review, the Executive Officer may lower the verification level or revoke the verification status of a verified diesel emission control strategy family. The Executive Officer may also lower the verification level or revoke the verification status of a verified diesel emission control strategy family, if the applicant does not conduct in-use compliance testing or fails to adhere to the recall provisions in accordance with this section, or if the Executive Officer conducts in-use compliance testing in accordance with this section (including alternative testing) and the diesel emission control strategy family does not pass the standards in this section.

(p) Recall Provisions. If the Executive Officer determines after a review of an applicant's in-use compliance report, remedial report, warranty report, enforcement testing results, or any other information that a diesel emission control strategy family: has the potential to experience catastrophic failure or other safety related failure, fails to meet the conditions for passing in-use compliance testing as defined in section 2709(m), has valid warranty claims in excess of four percent as defined in section 2707(c), or a substantial number of units experience a failure of an operational feature, the Executive Officer may require a recall. In the event of a recall the Executive Officer shall provide notification to the applicant that includes a description of the nature of the failure or warrantable condition, the factual basis for the determination, and shall designate a date at least 60 days from the date of receipt of such notification by which the applicant shall submit a recall plan for review and approval to address the failures or warrantable condition. Recalls must address all diesel emission control strategies within a specific diesel emission control strategy family and may include all diesel emission control strategies sold as California verified. Each recall plan must be approved by the Executive Officer in writing.

(q) Recall Plan. At a minimum, an applicant's recall plan shall contain the following information unless otherwise specified in the notification:

(1) A description of each diesel emission control strategy subject to the recall including the number of units to be recalled, the emission control group(s) affected, and any information required to identify the recalled units.

(2) A description of the type and nature of the failure or warrantable condition and the specific modifications, design changes, alterations, repairs, adjustments, or other changes to be made to correct the failures or warrantable condition with a description of the technical studies, data, or other information which support the applicant's decision regarding specific corrections to be made. If any modification requires a design change per section 2702(j) the recall plan must include a complete preliminary verification application per the requirements of section 2702(b).

(3) A description of the method by which the applicant will determine the names and addresses of the end users and the applicant's methods and schedule for notifying the end users, service facilities, and distributors.

(4) A description of the procedure to be followed by the end users to correct the failures or warrantable condition. This shall include the date on or after which the end user can have the failures or warrantable condition remedied, the time necessary to perform the remedy, and the designation of facilities at which the remedy can be performed.

(5) The plan may specify the maximum incentives (such as device cleaning or specified quantity of diesel fuel), if any, the applicant will offer to induce vehicle or equipment owners to present their diesel emission control strategies for repair, as evidence that the manufacturer has made a good faith effort to repair or replace all the diesel emission control strategies in the plan. The plan shall include a schedule for implementing actions to be taken including identified increments of progress towards implementation and deadlines for completing each such increment.

(6) A copy of the letter of notification to be sent to the end users.

(7) A description of the system by which the applicant will assure that an adequate supply of parts will be available to perform any repairs under the recall plan, including the date by which an adequate supply of parts will be available to initiate the repair or replacement campaign, and the method to be used to assure that the supply remains both adequate and responsive to end user demand.

(8) A copy of all necessary instructions to be sent to those persons who perform the replacement or repair.

(9) A description of the impact the proposed replacement or repairs will have on the vehicle, equipment, or engine including: exhaust backpressure, exhaust temperature, durability, regeneration, maintenance, fuel economy, drivability, performance, safety, warranty, and a summary of the data and technical studies used to support such determinations.

(r) Reporting Requirements. Unless otherwise specified by the Executive Officer, the manufacturer shall report on the progress of a recall campaign by submitting subsequent reports for six consecutive quarters commencing with the quarter after the recall campaign begins. Such reports shall be submitted no later than 25 days after the close of each calendar quarter to:

Chief

Mobile Source Control Division

4001 Iowa Avenue, Riverside, CA 92507

(s) The Executive Officer may lower the verification level or revoke the verification status of a verified diesel emission control strategy family if the applicant fails to observe the requirements of sections 2706, 2707, or 2709. The Executive Officer must allow the applicant an opportunity to address the possible lowering or revocation of the verification level in a remedial report to the Executive Officer and the Executive Officer may make this determination based on all relevant information. In addition, an applicant that fails to submit a recall plan as requested by the Executive Officer or to complete the requirements of an approved recall plan, including the reporting requirements, may be subject to civil penalties as specified in state law and regulations, including, but not limited to, Health and Safety Code Sections 39600, 39660, and 39674.

Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650- 39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650- 39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204- 43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000.

Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650- 39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650- 39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204- 43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000.

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