Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Compliance Test Procedures.
(1) The Executive Officer may order a
component manufacturer, whose evaporative component has been issued a Component
Executive Order of Certification, to make available for compliance testing
and/or inspection five evaporative components. Unless otherwise directed by the
Executive Officer, the SIMW evaporative emissions control system component
shall be delivered to: Chief, Monitoring and Laboratory Division, ARB, P.O. Box
2815, Sacramento, California 95812. Evaporative emissions control system
components must be selected at random from sources specified by the Executive
Officer according to a method approved by the Executive Officer (subsection
(a)(5)). The selection must exclude SIMW evaporative emissions control system
components that would result in an unreasonable disruption of the
manufacturer's distribution system.
ARB personnel shall have access to evaporative emissions
control system component assembly plants or distribution facilities for the
purposes of component selection and testing.
(2) All testing must be conducted in
accordance with the applicable MY evaporative emissions test procedures under
which the component was certified by the Executive Officer. Any evaporative
emissions control system parameters must be set to values or positions that are
within the range as specified in the certification application.
(3) Correction of damage or maladjustment
that may reasonably be found to have resulted from shipment of the evaporative
emissions control system component is permitted only after an initial test. The
component manufacturer may request that the component be repaired from shipping
damage and be retested. If the Executive Officer concurs, then the evaporative
emissions control system component may be retested, and the original test
results may be replaced by the post-repair test results.
(4) Evaporative emissions control system
components must be randomly chosen according to the following criteria:
(A) The evaporative emissions control system
component must be representative of the California sales.
(B) Each evaporative emissions control system
component will be selected from the end of the assembly line.
(C) All evaporative emissions control system
component models must be included in the sample pool.
(D) Five evaporative emissions control system
components will be selected for testing per the applicable test procedure as
indicated in sections
2854 and/or 2855, where
applicable.
(E) The component will
be deemed to have passed the compliance testing if all test results are equal
to or below the applicable standard.
(F) The component or subgroup will be deemed
to have failed the compliance testing if one or more of the test results are
above the applicable standard and the upper 95 percent confidence limit of the
five samples is greater than 110 percent of the applicable standards specified
in sections
2854 and/or 2855 per the following
table:
| Test Category
|
"Pass" If "U" is less than or equal to
| "Fail" If "U" is greater than |
| 1st and Subsequent Years of
Evaporative Family |
1.1* Applicable Standard |
1.1* Applicable Standard |
Where:
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(5) If any evaporative emissions control
system component selected for inspection fails an evaporative emissions test as
determined by subsection (a)(2), or fails to conform to the labeling
requirements of section
2859, the Executive Officer shall
notify the component manufacturer in accordance with subsection
(b).
(b)
Notification of Failure. If compliance testing identifies an
evaporative emissions control system component that does not meet the standards
set out in subsection (a)(5), the Executive Officer will notify the Component
EO Holder. The Executive Officer shall also notify the Component EO Holder that
the Component Executive Order of Certification may be suspended or revoked. The
Component EO Holder shall have 30 calendar days in which to notify the
Executive Officer of their intent to provide additional information and/or
independent test results for the five randomly selected evaporative emissions
control system components showing compliance with this Article.
The Executive Officer will consider all relevant
information provided by the component manufacturer and other interested
parties, including, but not limited to, corrective actions.
(c)
Suspension and Revocation of
Executive Orders.
(1) The Executive
Officer shall not revoke or suspend the Component Executive Order of
Certification without considering all relevant information provided by the
Component EO Holder and other interested parties, including, but not limited
to, corrective actions.
(2) If the
results of the compliance testing indicate that the failed evaporative
emissions control system components are produced at one plant, the Executive
Officer may elect to suspend the Component Executive Order of Certification
with respect to components manufactured at that plant only.
(3) Notwithstanding the foregoing, the
Executive Officer may suspend a Component Executive Order of Certification, in
whole or in part, effective upon written notice to the Component EO Holder if
the Executive Officer finds that:
(A) The
Component EO Holder has refused to comply with any of the requirements of this
section; or
(B) The Component EO
Holder has submitted false or incomplete information in any report provided to
the Executive Officer under this section; or
(C) ARB personnel have been denied entry for
inspection and/or the opportunity to conduct authorized activities;
or
(D) ARB personnel were unable to
conduct activities authorized in this Article because the facility is located
in a foreign jurisdiction.
(4) The Executive Officer may revoke a
Component Executive Order of Certification for an evaporative emissions control
system component after the Executive Order has been suspended pursuant to
subsection (1) or (2), if the proposed remedy for the nonconformity, as
reported by the Component EO Holder to the Executive Officer, is one requiring
a design change to the evaporative emissions control system
component.
(5) Once a Component
Executive Order of Certification for a failed evaporative emissions control
system component has been suspended pursuant to subsections (1), (2), or (3),
the Component EO Holder must take the following actions before the Executive
Officer will consider reinstating the Component Executive Order of
Certification:
(A) Submit a written report to
the Executive Officer that identifies the reason for the noncompliance of the
evaporative emissions control system component, describes the proposed remedy,
including a description of any proposed quality control and/or quality
assurance measures to be taken by the Component EO Holder to prevent future
occurrences of the problem, and states the date on which the remedies will be
implemented, and
(B) Demonstrate
that the Component Executive Order of Certification that has been suspended
does in fact comply with the regulations of this Article by testing no fewer
than five evaporative emissions control system components.
(6) Once the Component Executive Order of
Certification has been revoked, if the Component EO Holder desires to continue
introduction into commerce of a modified version of the evaporative emissions
control system component, the Component EO Holder must: after implementing the
change or changes intended to remedy the nonconformity, demonstrate that the
evaporative emissions control system component does in fact conform by
certifying to the applicable standards of this Article by having five
evaporative emissions control system components tested following the applicable
test procedure indicated in sections
2854 or
2855, unless such testing is
waived by the Executive Officer after an engineering analysis.
(7) To permit a Component EO Holder to avoid
storing non-tested evaporative emissions control system components while
conducting subsequent testing of the noncomplying evaporative component, a
Component EO Holder may request that the Executive Officer conditionally
reinstate the Component Executive Order of Certification.
(d)
Inspection. The
Executive Officer, or an authorized representative of the Executive Officer,
may inspect any facility that manufactures, assembles, distributes, or sells
SIMW, SIME, or evaporative emissions control system components, or systems
subject to this Article. Failure of an evaporative systems builder, component
manufacturer, distributor, or retailer or other person subject to this Article
to allow access for inspection purposes shall be grounds for suspension or
revocation of a Component Executive Order of Certification.
1. New
section filed 2-8-2016; operative 4-1-2016 (Register 2016, No.
7).
Note: Authority cited: Sections 39600, 39601, 41510,
43212, 43008.6 and 43013, Health and Safety Code. Reference: Sections 41510 and
43013, Health and Safety Code.
