Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Design-Based Certification Compliance Test Procedures.
(1) The Executive Officer may, with respect
to any new design-certified SIMW being sold, offered for sale, or manufactured
for sale in California, order a component manufacturer, whose Component
Executive Order of Certification is referenced in the SIMW's design-based
certification, to make available for compliance testing and/or inspection five
evaporative emissions control system components. Compliance testing for
design-based certification must be completed according to section
2864.
(2) If the evaporative emissions control
system component from the SIMW selected for inspection fails an evaporative
emissions test as determined by section
2864(a)(2), or
fails to conform to the labeling requirements of sections
2859 and
2860, the Executive Officer shall
notify the Component EO Holder and the evaporative system builder in accordance
with sections
2864(b) and
2865(c),
respectively. The Component EO Holder shall be the responsible representative
if any failure occurs for an evaporative emissions control system component
according to section
2864(a).
(b)
Performance-Based Certification
Compliance Test Procedures.
(1) The
Executive Officer may, with respect to any new performance-based certified SIMW
evaporative family being sold, offered for sale, or manufactured for sale in
California, order a SIMW manufacturer or evaporative system builder to make
available for compliance testing and/or inspection of at least one SIMW. Unless
otherwise directed by the Executive Office, the SIMW shall be delivered to:
Chief, Emissions Compliance, Automotive Regulations and Science Division, ARB.
The SIMW must be selected at random from sources specified by the Executive
Officer according to a method approved by the Executive Officer (subsection
(b)(5)). The selection must exclude a SIMW that would result in an unreasonable
disruption of the evaporative system builder's distribution system.
(2) ARB personnel shall have access to SIMW
assembly plants or distribution facilities for the purposes of selection for
testing. Scheduling of access shall be arranged with the representative
designated in the application for certification or a representative designated
by the evaporative system builder.
(3) All testing must be conducted in
accordance with the applicable MY evaporative emissions test procedures. Any
evaporative emissions control system parameters must be set to values or
positions that are within the range as specified in the certification
application. No break-in or modifications, adjustments, or special preparation
or maintenance will be allowed on SIMW chosen for compliance testing without
the written consent of the Executive Officer. If the Executive Officer consents
to break-in or modifications, adjustments, or special preparation or
maintenance, they will be performed by the evaporative system builder under the
supervision of ARB personnel.
(4)
Correction of damage or maladjustment that may reasonably be found to have
resulted from shipment of the SIMW is permitted only after an initial test of
the SIMW. The evaporative system builder may request that the SIMW be repaired
from shipping damage and be retested. If the Executive Officer concurs, the
SIMW may be retested, and the original test results may be replaced by the
post-repair test results.
(5) One
SIMW must be randomly chosen from the selected evaporative family according to
the criteria specified herein. The SIMW must be representative of the
evaporative system builder's California sales. The SIMW will be selected from
the end of the assembly line. The selected SIMW must pass the inspection test
by being equipped with the appropriate emissions control systems as documented
in the approved Executive Order of Certification for the evaporative
family.
(6) One SIMW from the
requested evaporative family will be selected for testing per the applicable
test procedure as indicated in section
2855. The evaporative family will
be deemed to have passed the compliance testing if the test result is equal or
below the applicable standard. The evaporative family or subgroup will be
deemed to have failed the compliance testing if the test result is above the
applicable standard.
(7) If the
SIMW selected for inspection fails an evaporative emissions test as determined
by subsection (b)(6), or fails to conform to the labeling requirements of
sections 2859 and
2860, the Executive Officer shall
notify the evaporative system builder in accordance with subsection
(c).
(c)
Notification of Failure. If compliance testing identifies SIMW
that do not meet the standards set out in subsection (b)(6), the Executive
Officer will notify the EO Holder. The Executive Officer shall also notify such
EO Holder that the Executive Order of Certification may be suspended or
revoked. The 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 a randomly selected SIMW that documents compliance
of the evaporative family. The evaporative family will be deemed to have passed
the compliance testing if SIMW meets the applicable performance standards
specified in this Article.
The Executive Officer will consider all relevant
information provided by the evaporative system builder, and other interested
parties, including, but not limited to corrective actions applied to the
noncompliant evaporative family.
(d)
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 EO Holder of such
certification pursuant to subsection (b).
(2) If the results of the compliance testing
indicate that the failed SIMW of a particular evaporative family are produced
at one plant, the Executive Officer may elect to suspend the Executive Order of
Certification with respect to SIMW manufactured at that plant only.
(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 EO Holder if the Executive
Officer finds that:
(A) The EO Holder has
refused to comply with any of the requirements of this section; or
(B) The EO Holder has submitted false or
incomplete information in any report or information provided to the Executive
Officer under this section; or
(C)
ARB personnel have been denied entry to inspect 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 an Executive Order of Certification for an
evaporative family after the Executive Order of Certification has been
suspended pursuant to subsection (1) or (2) of this section if the proposed
remedy for the nonconformity, as reported by the EO Holder to the Executive
Officer, is one requiring a design change or changes to the evaporative
emissions control system as described in the application for certification of
the affected evaporative family.
(5) Once an Executive Order of Certification
for a failed evaporative family has been suspended pursuant to subsections (1),
(2), or (3), the EO 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 SIMW, describes
the proposed remedy, including a description of any proposed quality control
and/or quality assurance measures to be taken by the 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 evaporative family for which the Executive Order of
Certification has been suspended does in fact comply with the regulations of
this Article by testing a SIMW.
(6) Once the Executive Order of Certification
has been revoked for an evaporative family, if the EO Holder desires to
continue introduction into commerce of a modified version of that evaporative
family, then the EO Holder must demonstrate that the modified evaporative
family does in fact conform to the applicable standards of this Article by
having one SIMW from the modified evaporative family tested as described in
TP-1501 after implementing the change or changes intended to remedy the
nonconformity.
(7) To permit an EO
Holder to avoid stockpiling SIMW while conducting subsequent testing of the
noncomplying evaporative family, an EO Holder may request that the Executive
Officer conditionally reinstate the Executive Order of Certification for that
evaporative family.
(e)
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 an
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 and 43013,
Health and Safety Code. Reference: Section 43013, Health and Safety
Code.
