California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 15 - Additional Off-Road Vehicles and Engines Pollution Control Requirements
Article 4 - Evaporative Emissions Requirements for Spark-Ignition Marine Watercraft with Gasoline-Fueled Engines
Section 2856 - Certification Requirements

Universal Citation: 13 CA Code of Regs 2856

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

In order to facilitate SIMW design-based certification, ARB will certify evaporative emissions control system components relating to fuel hoses, fuel tanks, and venting control devices. Manufacturers of evaporative emissions control system components must apply for certification to obtain a Component Executive Order of Certification. The Component Executive Order of Certification numbers are then referenced in a SIMW design-based certification application. Evaporative system builders who certify to the performance-based standard are not required to reference certified evaporative emissions control system components but must submit SIMW performance data with the SIMW performance-based certification application.

Section 2856 (a) describes the SIMW evaporative emissions control system component testing and certification requirements. Section 2856(b) describes the SIMW design-based certification requirements. Section 2856(c) describes SIMW performance-based certification requirements. Section 2856(d) details the administrative requirements for certifying SIMW and evaporative emissions control system components.

(a) Evaporative Emissions Control System Component Testing and Certification Requirements.

(1) Evaporative Emissions Control System Component Testing Requirements. For all applicable MYs in the following tables of this Article, evaporative emissions from any SIMW certifying under these sections must comply with the design requirements specified in section 2855(a):

(A) Evaporative Emissions Harmonized Design Standards for [LESS THAN EQUAL TO] 30 kW SIMW Table,

(B) Evaporative Emissions Design Standards for Trailerable > 30 kW SIMW Table, and

(2) Component Manufacturer Certification Requirements. To obtain an Executive Order of Certification for a SIMW evaporative emissions control system component under section 2856(a)(1), a manufacturer must:

(A) Follow the applicable test procedures as indicated in sections 2854 and 2855 to measure emissions, which are incorporated by reference herein.

(B) Test with applicable fuels as specified in sections 2854 and 2855.

(D) Meet all the applicable requirements of sections 2854 and 2855.

(E) Follow the certification requirements outlined in section 2856(a)(2).

(F) If a carbon canister is being certified, it must meet the durability requirements as specified in TP-1503, section 5.1 Carbon Canister Durability Requirements. After meeting the durability requirements, the carbon canister must meet the design requirements as specified in the Evaporative Emissions Design Standards for Trailerable > 30 kW SIMW Table and/or Evaporative Emissions Design Standards for Nontrailerable > 30 kW SIMW Table, where applicable.

(G) If a pressure relief valve is being certified, it must meet the requirements as specified in TP-1503, section 5.2 Pressure Relief Valve Durability and Reliability Requirements.

(H) Meet the applicable requirements of 40 C.F.R., § 1060 (2008), as incorporated by reference herein.

(3) Evaporative Emissions Control System Component Certification Process and Requirements. The following certification process and requirements apply to all evaporative emissions control system components to be used on SIMW.

(A) In order to obtain a Component Executive Order of Certification that can be referenced in a design-based certification application, component manufacturers must apply for a certification.

(B) A component manufacturer must apply in writing to: Chief, Monitoring and Laboratory Division, ARB, P.O. Box 2815, Sacramento, California 95812, in order to request a Component Executive Order of Certification.

(D) The application must include data demonstrating that their evaporative emissions control system component meets the ARB testing requirements. The applicant must include the data generated by an independent laboratory from at least five representative samples of the evaporative emissions control system component and must include the supporting documentation that quantifies the emissions or shows the efficiency of the evaporative emissions control system components. All five representative evaporative emissions control system components must be tested using the ARB-approved test procedures. All information, including proprietary data submitted by a component manufacturer pursuant to this section will be handled in accordance with the disclosure of public records procedures specified in Cal. Code Regs., tit. 17, §§ 91000-91022.

(E) The Executive Officer may approve U.S. EPA certification of evaporative emissions control system components to be referenced for design-based certification, if they meet the ARB testing requirements and standards.

(F) The Executive Officer may approve evaporative emissions control system components for use on evaporative emissions control systems that meet the ARB testing requirements.

(G) Within 30 calendar days of receipt of the application, the Executive Officer must determine whether an application is complete.

(H) Within 90 calendar days after an application for certification has been deemed complete, the Executive Officer must approve or disapprove the evaporative emissions control system component. If approved, a Component Executive Order of Certification will be issued. The applicant and the Executive Officer may mutually agree to a longer time for reaching a decision. An applicant may submit additional supporting documentation prior to a decision.

(I) If the evaporative emissions design-based standards are amended for a product category, all Component Executive Order of Certifications granted for evaporative emissions control system components in the product category are void, as of the effective date of the amended standards, unless the applicable evaporative emissions control system component requirements are not amended.

(J) If the Executive Officer determines that an evaporative emissions control system component for which a Component Executive Order of Certification has been granted no longer meets the performance standards, the Executive Officer may deny, suspend or revoke the Component Executive Order of Certification following provisions of section 2868 of this Article.

(K) The component manufacturer must provide the ARB assigned evaporative emissions system Component Executive Order of Certification number to the evaporative system builder upon request. All ARB assigned Component Executive Order of Certification numbers for approved evaporative emissions control system components are also available from the ARB's website.

(b) Design-Based Certification for all SIMW Types. The following certification requirements apply to all MY 2018 and subsequent SIMW types. Any evaporative system builder may submit an application for design-based certification.

(1) Design-Based SIMW Certification Requirements. The evaporative system builder choosing to certify by design-based certification under 2856(b)(1) must:

(A) Complete the installation as directed by the component manufacturer installation instructions; this includes (but is not limited to) the fuel hose, fuel tank, and carbon canister component, or other venting component. The evaporative system builder must also verify compliance with the limiting specifications contained within the respective Component Executive Order of Certification.

(B) If a certified carbon canister is not used on the evaporative system, the evaporative system builder or component manufacturer must design, install, test, and certify a venting system according to 2856(a)(1), using TP-1503, to ensure compliance with the venting standard or venting efficiency standard.

(C) Submit an application for each evaporative family that includes the approved Component Executive Order of Certification number for the evaporative emissions control system components (fuel hose, fuel tank, and carbon canister or other venting controls).

(D) Comply with all administrative requirements in subsection (d).

(2) In order to certify to the design-based standards, the applicant must apply for an Executive Order of Certification for the SIMW. The evaporative system builder must document all evaporative emissions control system components installed in the SIMW and record the Component Executive Order of Certification number or compliant emissions data for each evaporative emissions control system component. If the evaporative system builder is certifying an evaporative family for SIMW with engines less than 30 kW, they must submit the list of U.S. EPA-approved evaporative emissions control system components installed on the SIMW in the certification application.

(3) In order to obtain a design-based certification, the evaporative system builder must state in the certification application that all requirements, as outlined in subsection (b)(1), have been met.

(4) The evaporative system builder must submit a design-based certification application as specified in subsection 1 to the Chief, Emissions Compliance, Automotive Regulations and Science Division, ARB.

(5) Upon submission of a design-based certification application, the application will be reviewed to determine if all information is true, accurate, and complete. Within 30 calendar days of receipt of the application, the Executive Officer must determine whether an application is complete. Within 90 calendar days after an application has been deemed complete, the Executive Officer must approve or disapprove the SIMW certification. If approved, an Executive Order of Certification will be issued.

(c) Performance-Based Certification for SIMW Using > 30 kW Engines. The following certification requirements apply to all MY 2018 and subsequent SIMW using > 30 kW engines.

(1) SIMW Testing Requirements. For all applicable MYs in the Alternative Evaporative Emissions Performance-Based Standard for > 30 kW SIMW Table, evaporative emissions from any SIMW must not exceed the standards. Evaporative system builders certifying SIMW under section 2856(c)(1) must:

(A) Test all evaporative families in accordance with the test procedure indicated in the Alternative Evaporative Emissions Performance-Based Standard for > 30 kW SIMW Table to measure diurnal evaporative emissions.

(B) Diurnal testing must be completed using E10 CERT fuel.

(C) Compare the measured emissions to the emissions standard listed in Alternative Evaporative Emissions Performance-Based Standard for > 30 kW SIMW Table.

(D) Meet all the applicable requirements of section 2855.

(E) Follow the certification requirements outlined in section 2856(c)(2).

(F) Meet the compatibility requirements as indicated in the Compatibility Standards Table.

(G) If a carbon canister is being certified, it must meet the requirements as specified in TP-1503, section 5.1 Carbon Canister Durability Requirements. After meeting the durability requirements, the carbon canister must meet the design requirements as specified in TP-1503, section 8 Carbon Canister Design Requirements.

(2) SIMW Certification Requirements. The evaporative system builder choosing to certify using performance-based certification must:

(A) Design and install an evaporative emissions control system.

(B) Test the system, using the test procedure listed in the Alternative Evaporative Emissions Performance-Based Standard for > 30 kW SIMW Table.

1. In order to certify by the testing requirements in section 2856(c)(1), the applicant must apply for an Executive Order of Certification for each SIMW evaporative family.

2. The application must include data demonstrating that their SIMW meets the ARB testing requirements. The applicant must include the data from one SIMW test and the supporting documentation that quantifies the emissions measurement. The SIMW must be tested using the applicable ARB approved test procedure. All information, including proprietary data submitted by an evaporative system builder pursuant to this section, will be handled in accordance with the disclosure of public records procedures specified in Cal. Code Regs., tit. 17, §§ 91000-91022.

3. In order to obtain a performance-based certification the evaporative system builder must document that all requirements as outlined in the Alternative Evaporative Emissions Performance-Based Standard for > 30 kW SIMW Table of section 2855 have been met.

4. The evaporative system builder must submit a performance-based certification application, in accordance with subsections 1 and 2 (a-c), to the Chief, Emissions Compliance, Automotive Regulations and Science Division, ARB.

5. Upon submission of a performance-based certification application, the application will be reviewed to determine if all information is true, accurate, and complete. Within 30 calendar days of receipt of the application, the Executive Officer must determine whether an application is complete. Within 90 calendar days after an application has been deemed complete, the Executive Officer must approve or disapprove the SIMW certification. If approved, an Executive Order of Certification will be issued. Once the Executive Order of Certification has been issued, the SIMW may be offered for sale in California.

(d) Administrative Requirements.

(1) Maintenance of Records for EO Holders.

(A) The evaporative system builder must establish, maintain, and retain the following organized records for each evaporative family:

1. ARB evaporative family identification code,

2. Model number(s) and engine size(s),

3. Make(s) and model name(s),

4. Projected sales volume for the MY,

5. Certification test results (if certifying by performance), and

6. Actual sales volume for the MY.

(B) For the purpose of this Article, actual sales are defined as shipments to distributors of SIMW sold or offered for sale in California. The evaporative system builder must submit actual California sales data as it becomes available for each model sold or offered for sale, but no later than 90 days after the end of the MY.

(C) The evaporative system builder shall retain all records required to be maintained under this section for a period of eight years from the due date for the end-of-MY report. Records may be retained as hard copy, or in electronic format, provided that information required to be retained is available upon request by the Executive Officer. An evaporative system builder shall submit all information requested by the Executive Officer within 30 days of the date of such request.

(D) The Executive Officer may revoke or suspend the Executive Order of Certification for an evaporative family for which the evaporative system builder fails to retain the records required in this section, or fails to provide such information to the Executive Officer upon request. No new Executive Orders of Certification will be issued to the evaporative system builder until the requested records are made available and/or the Executive Officer approves an evaporative system builder submitted plan addressing why the records were unavailable and steps being taken to ensure future records will be available upon request.

(2) Maintenance of Records for Component EO Holders.

(A) The component manufacturer must establish, maintain, and retain the following organized records for each component certified:

1. Certification test results,

2. List of evaporative system builders that reference the evaporative emissions control system component in their certification application, and

3. A copy of all the information and documents provided with the application for Component Executive Order of Certification.

(B) The component manufacturer must retain all test evaporative emissions control system components used to generate certification or durability data for as long as the Component Executive Order of Certification remains valid.

(C) Records may be retained as hard copy, or in electronic format, provided that information required to be retained is available upon request of the Executive Officer. A component manufacturer shall submit all information requested by the Executive Officer within 30 days of the date of such request.

(D) The Executive Officer may revoke or suspend the Component Executive Order of Certification for an evaporative emissions control system component for which the component manufacturer does not meet the requirements of subsections A-C, or does not provide the information as outlined in subsections A-C to the Executive Officer upon request. No new Executive Orders of Certification will be issued to the component manufacturer until the requested records are made available, and/or the Executive Officer approves a component manufacturer submitted plan addressing why the records were unavailable, and the steps being taken to ensure future records will be available upon request.

(e) Tampering.

(1) Any tampering, removal or modification of the evaporative emissions control system is prohibited.

(2) The evaporative emissions control system must be designed in such a way that tampering, or disassembling, is not needed to conduct normal functions. Normal functions include, but are not limited to, routine maintenance and refueling of the SIMW.

1. New section filed 2-8-2016; operative 4-1-2016 (Register 2016, No. 7).

Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.

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