Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Applicability.
This section applies to evaporative emission control systems on 2007 model year
and later small off-road engines and equipment that use small off-road engines.
The requirement to report evaporative emission-related defects affecting a
given evaporative family will remain applicable for five years from the end of
the calendar year in which the affected evaporative family was
manufactured.
(b) A Holder must
file a defect information report whenever, on the basis of data obtained
subsequent to the effective date of these regulations:
(1) The Holder determines, in accordance with
procedures established by the Holder to identify either safety-related or
performance defects, that a specific evaporative emission-related defect
exists; and
(2) A specific
evaporative emission-related defect exists in 25 or more evaporative emission
control systems of a given evaporative family manufactured under the same
Executive Order or in the same model year.
(c) No report must be filed under this
section for any evaporative emission-related defect corrected prior to the sale
of the affected engines or equipment to ultimate purchasers.
(d) The Holder must submit defect information
reports to Chief, Emissions Certification and Compliance Division, California
Air Resources Board, 4001 Iowa Street, Riverside, CA 92507, not more than 15
working days after an emission-related defect is found to affect 25 or more
evaporative emission control systems certified under the same Executive Order
or in the same model year, unless otherwise directed by the Executive Officer.
Information required by subsection (e) of this section that is either not
available within 15 working days or is significantly revised must be submitted
to the Executive Officer as it becomes available.
(e) Each defect report must contain the
following information:
(1) The Holder's
corporate name.
(2) A description
of the defect.
(3) A description of
each evaporative family potentially affected by the defect including make,
model, model year, calendar year produced, and any other information required
to identify the engines affected.
(4) For each evaporative family described in
response to subsection (d) of this section, the following must also be
provided:
(A) The number of evaporative
emission control systems known or estimated to have the defect and an
explanation of the means by which this number was determined.
(B) The address of the plant(s) at which the
potentially defective evaporative emission control systems were
produced.
(5) An
evaluation of the evaporative emissions impact of the defect and a description
of any operational problems that a defective evaporative emission control
system might exhibit.
(6) Available
evaporative emission data that relate to the defect.
(7) An indication of any anticipated Holder
follow-up.
(f)
End-of-Year and Final Production Volume Reports.
(1) A Holder shall submit end-of-year and
final production volume reports for all of the Holder's evaporative families.
End-of-year and final production volume reports must indicate the production
volume for each evaporative family. Production volume must be provided for each
equipment type by engine family and fuel tank volume within each evaporative
family.
(2)
(A) Unless otherwise approved or specified by
the Executive Officer, end-of-year production volume reports must be submitted
within 90 days after the end of the model year to: Chief, Emissions
Certification and Compliance Division, California Air Resources Board, 4001
Iowa Street, Riverside, CA 92507.
(B) Unless otherwise approved or specified by
the Executive Officer, final production volume reports must be submitted within
270 days after the end of the model year to: Chief, Emissions Certification and
Compliance Division, California Air Resources Board, 4001 Iowa Street,
Riverside, CA 92507.
(3)
Failure by a Holder to submit any end-of-year or final production volume
reports in the specified time for any evaporative family subject to this
Article is a violation of this section for each engine or equipment in the
evaporative family covered by the report.
(4) Errors discovered by CARB or the Holder
in the end-of-year production volume report may be corrected in the final
production volume report.
(5)
Reports submitted to meet the requirements of section
2754.1 of this Article may be used
to meet the requirements of this section.
(6) A report submitted to CARB to meet the
requirements of section 1054.250 of the "California Exhaust Emission Standards
and Test Procedures for New 2013 and Later Small Off-Road Engines;
Engine-Testing Procedures (Part 1054)," adopted October 25, 2012, and amended
January 1, 2023, for an engine family may be used to meet the requirements of
this section for an evaporative family that is equivalent to the engine
family.
1. New
section filed 9-20-2004; operative 10-20-2004 (Register 2004, No.
39).
2. Amendment of section heading and section filed 11-13-2017;
operative 1-1-2018 (Register 2017, No. 46).
3. Amendment of
subsections (d), (f)(2)(A)-(B) and (f)(6) filed 9-14-2022; operative 1-1-2023
(Register 2022, No. 37).
Note: Authority cited: Sections 39600, 39601 and 43013,
Health and Safety Code. Reference: Section 43013, Health and Safety
Code.
