Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Compliance Test Procedures.
(1) The Executive Officer may order a Holder
to make available for compliance testing and/or inspection five or more fuel
lines, carbon canisters, or fuel tanks, or one or more engines or equipment
units with complete evaporative emission control systems. Unless otherwise
directed by the Executive Officer, the fuel lines, carbon canisters, fuel
tanks, engines, or equipment units shall be delivered to 4001 Iowa Street,
Riverside, CA 92507. Fuel lines, carbon canisters, fuel tanks, engines or
equipment units must be selected at random from sources specified by the
Executive Officer according to a method approved by the Executive Officer,
that, insofar as practical, must exclude engines or equipment that would result
in an unreasonable disruption of the Holder's distribution system. Such an
order may include a requirement to demonstrate that the measured rate or volume
of purge from a representative sample of production canisters and engines
certified under section
2754 meets any design
specification required by the Executive Officer in the applicable Executive
Order of Certification or included by the Holder in the application for such an
Order.
(2) The Executive Officer
may obtain five or more fuel lines, carbon canisters, or fuel tanks, or one or
more engines or equipment units with complete evaporative emission control
systems manufactured for sale or lease for use or operation in California, sold
or leased or offered for sale or lease for use or operation in California, or
delivered or imported into California for introduction into commerce in
California for compliance testing or inspection.
(3) The method for selection and testing of
the fuel lines, carbon canisters, fuel tanks, engines or equipment and the
evaluation of test data must be made in accordance with the procedures set
forth herein.
(4) California Air
Resources Board personnel shall have access to the fuel line, carbon canister,
fuel tank, engine, or equipment assembly plants, or distribution facilities for
the purposes of fuel line, carbon canister, fuel tank, engine, or equipment
selection and testing. Scheduling of access shall be arranged with the
representative designated in the application for certification.
(5) All testing must be conducted in
accordance with the applicable model year evaporative emission test procedures,
except that durability testing and preconditioning may be omitted or conducted
at a lower temperature at the Executive Officer's discretion. The hot soak test
shall be performed at the temperature at which the hot soak test was performed
during certification testing. Any evaporative emission control system
parameters must be set to values or positions that are within the range
available to the ultimate purchaser as determined by CARB. No break-in,
modifications, adjustments, special preparation or maintenance will be allowed
on fuel lines, carbon canisters, fuel tanks, engines or equipment units chosen
for compliance testing without the written consent of the Executive
Officer.
(6) Correction of damage
or maladjustment that may reasonably be found to have resulted from shipment of
the engine or equipment is permitted only after an initial test of the engine
or equipment, except where 100 percent of the Holder's production is given that
inspection or maintenance by the Holder's own personnel. The Holder may request
that the engine or equipment be repaired from shipping damage, and be retested.
If the Executive Officer concurs, the engine or equipment may be retested, and
the original test results may be replaced by the after-repair test
results.
(7) Engines or equipment
must be randomly chosen from the selected evaporative family or subgroup, as
designated by the Executive Officer.
(8) An evaporative family will be deemed to
have passed the compliance testing if the evaporative emissions from all tested
engines or equipment units are below the applicable diurnal or hot soak plus
diurnal emission standard in section
2754 or
2757, or the EMEL, if applicable.
If any engine or equipment unit has evaporative emissions above the applicable
diurnal or hot soak plus diurnal emission standard in section
2754 or
2757, or the EMEL, if applicable,
the evaporative family will be deemed to have failed compliance testing.
The fuel lines, carbon canisters, or fuel tanks certified
under an Executive Order will be deemed to have passed the compliance testing
if all tested samples meet the applicable design standard in section
2754,
2755, or
2757. The fuel lines, carbon
canisters, or fuel tanks certified under an Executive Order will be deemed to
have failed compliance testing if any fuel line, carbon canister, or fuel tank
does not meet the applicable design standards in section
2754,
2755, or
2757.
(9) An evaporative family may be deemed to
have failed compliance testing without testing if any engine or equipment unit
selected for testing visibly leaks fuel, except that subsection (a)(6) shall
still apply.
(10) If any fuel line,
carbon canister, fuel tank, engine, or equipment unit selected for inspection
fails a compliance test as determined by subsection (a)(8) or (a)(9), or fails
to conform to the labeling requirements of section
2759, the Executive Officer shall
notify the Holder in accordance with subsection (b).
(b) Notification of Failure.
If compliance testing identifies fuel lines, carbon
canisters, fuel tanks, or evaporative families that do not meet the standards
in sections
2754 through
2757 or the labeling requirements
in section
2759, the Executive Officer will
notify the Holder of the Executive Order of Certification covering the fuel
lines, carbon canisters, fuel tanks, or evaporative families. The Executive
Officer shall also notify such Holder that the Executive Order of Certification
may be suspended or revoked. The Holder of the Executive Order of Certification
shall have 30 calendar days in which to notify the Executive Officer of their
intent to provide additional information or independent test results for five
fuel lines, carbon canisters, fuel tanks, engines, or equipment units, selected
by the Executive Officer, that document compliance of the evaporative family,
fuel lines, carbon canister, or fuel tanks. An evaporative family will be
deemed to have overcome the failure of compliance testing under subsection
(a)(8) or (a)(9) of this section and to have passed compliance testing if the
average of the evaporative emissions from the five engines or equipment units
selected by the Executive Officer for independent testing under this subsection
does not exceed the applicable diurnal or hot soak plus diurnal emission
standard in section
2754 or
2757, or the EMEL, if applicable.
The fuel lines, carbon canisters, or fuel tanks certified under an Executive
Order will be deemed to have overcome the failure of compliance testing under
subsection (a)(8) or (a)(9) of this section and to have passed compliance
testing if the five fuel lines, carbon canisters, or fuel tanks selected by the
Executive Officer for independent testing under this subsection meet the
applicable design standard in section
2754,
2755, or
2757. The Executive Officer may
request the engines, equipment units, fuel lines, carbon canisters, or fuel
tanks selected by the Executive Officer for independent testing under this
subsection be delivered to a CARB facility for additional inspection or
testing. The Executive Officer will consider all relevant information,
including, but not limited to, emission credits and corrective actions applied
by the Holder to the evaporative family, fuel lines, carbon canisters, or fuel
tanks to remedy the failure or determine if the evaporative family, fuel lines,
carbon canisters, or fuel tanks comply with the standards in sections
2754 through
2757.
(c) Suspension and Revocation of Executive
Orders.
(1) The Executive Officer shall not
revoke or suspend the Executive Order of Certification without considering any
information provided by the Holder of such certification pursuant to (b)
above.
(2) If the results of the
compliance testing indicate that the failed fuel lines, carbon canisters, fuel
tanks, or evaporative family certified under an Executive Order are produced at
one plant, the Executive Officer may elect to suspend the Executive Order of
Certification with respect to that evaporative family for engines or equipment
manufactured at that plant.
(3)
Notwithstanding the foregoing, the Executive Officer may suspend an Executive
Order of Certification, in whole or in part, effective upon written notice to
the Holder if the Executive Officer finds that:
(A) The Holder of the Executive Order of
Certification has refused to comply with any of the requirements of this
section; or
(B) The Holder has
submitted false or incomplete information in any report or information provided
to the Executive Officer under this section;
(C) The Holder has rendered inaccurate any
test data submitted under this section;
(D) That CARB personnel have been denied the
opportunity to conduct activities authorized under this section after a warrant
or court order is presented to the Holder;
(E) That CARB personnel were unable to
conduct activities authorized in this Article because the facility is located
in a foreign jurisdiction where local law prohibits those activities.
(4) The Executive Officer may
revoke an Executive Order of Certification for an evaporative family, fuel
line, carbon canister, or fuel tank after the Executive Order of Certification
has been suspended pursuant to subsection (1), (2), or (3) of this section if
the proposed remedy for the nonconformity, as reported by the Holder to the
Executive Officer, is one requiring a design change or changes to the
evaporative emission control system, fuel line, carbon canister, or fuel tank
as described in the application for certification of the affected evaporative
family, fuel line, carbon canister, or fuel tank.
(5) Once an Executive Order of Certification
has been suspended for a failed fuel line, carbon canister, fuel tank, or
evaporative family, as provided for in subsection (1), (2), or (3) of this
section, the Holder must take the following actions before the Executive Order
of Certification can be reinstated:
(A)
Appeal the suspension pursuant to Section
2771; or
(B) Remedy the nonconformity;
(C) Demonstrate that the fuel line, carbon
canister, fuel tank, or evaporative family conforms to the standards in
sections 2754 through
2757 and the labeling requirements
in section
2759, as applicable, by retesting
each fuel line, carbon canister, fuel tank, or evaporative family in accordance
with these regulations and submitting to the Executive Officer samples of all
actual production labels used within the evaporative family; and
(D) Submit a written report to the Executive
Officer, after successful completion of testing on the failed fuel line, carbon
canister, fuel tank, or evaporative family that contains a description of the
remedy and test results for each fuel line, carbon canister, fuel tank, or
evaporative family in addition to other information that may be required by
this Article.
(6) Once
an Executive Order of Certification for a failed evaporative family, fuel line,
carbon canister, or fuel tank has been suspended pursuant to subsection (1),
(2) or (3) of this section, the Holder must take the following actions before
the Executive Officer will consider reinstating the Executive Order of
Certification:
(A) Submit a written report to
the Executive Officer that identifies the reason for the noncompliance of the
fuel lines, carbon canisters, fuel tanks, or evaporative family, describes the
proposed remedy, including a description of any proposed quality control and/or
quality assurance measures to be taken by the Holder to prevent future
occurrences of the problem, and states the date on which the remedies will be
implemented; and
(B) Demonstrate
that the evaporative family, fuel line, carbon canister, or fuel tank for which
the Executive Order of Certification has been suspended does in fact comply
with the regulations of this Article by testing no fewer than five fuel lines,
carbon canisters, fuel tanks, engines, or equipment units. Such testing must
comply with the provisions of this section.
(7) Once the Executive Order of Certification
has been revoked for an evaporative family, fuel lines, carbon canister, or
fuel tank, if the Holder desires to continue introduction into commerce of a
modified version of that evaporative family or subgroup, the Holder must:
After implementing the change or changes intended to remedy
the nonconformity, demonstrate that the modified evaporative family, fuel line,
carbon canister, or fuel tank does in fact conform to the applicable standards
of this Article by testing five fuel lines, carbon canisters, fuel tanks,
engines or equipment units selected by the Executive Officer from the modified
evaporative family unless such testing is waived by the Executive
Officer.
(8) To permit a
Holder to avoid storing non-test engines or equipment while conducting
subsequent testing of the noncomplying evaporative family, a Holder may request
that the Executive Officer conditionally reinstate the Executive Order of
Certification for that evaporative family.
1. New
section filed 9-20-2004; operative 10-20-2004 (Register 2004, No.
39).
2. Amendment filed 11-13-2017; operative 1-1-2018 (Register
2017, No. 46).
3. Amendment of subsections (a)(1), (a)(4)-(5),
(a)(7)-(8) and (b) 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.
