California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices
Article 3 - Off-Highway Recreational Vehicles and Engines
Section 2419.4 - Evaporative Emissions Control System Testing and Certification Requirement
Universal Citation: 13 CA Code of Regs 2419.4
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Requirement to Comply with All Other Applicable Codes and Regulations.
Certification or approval of any equipment or evaporative emissions control system by the Executive Officer does not exempt the equipment or evaporative emissions control system from compliance with other laws, rules or regulations including state and federal safety codes and regulations.
(b) Certification Requirements.
(1) OHRV Manufacturer Certification
Requirements.
For model years 2018 and later, OHRVs must be tested with the entire evaporative emissions control system as a complete vehicle or be certified in compliance with the alternative standards in section 2418(e). To obtain an Executive Order of Certification, an OHRV manufacturer must demonstrate compliance with one of the following two options: option one-comply with subparagraph (A) and subparagraphs (C) through (F) below, option two-comply with subparagraph (B) and subparagraphs (C) through (F) below.
(A) Perform OHRV testing in
accordance with section
2418(c). Measured
emissions must be at or below the applicable evaporative emissions standards
listed in section
2418(a) or
section 2418(e) unless
certifying as a zero emissions off-road vehicle.
(B) Evaporative families that are certified
in accordance with section
2418(c) and do
not meet the evaporative emissions standards outlined above must comply by
offsetting any shortfall with evaporative emissions credits generated with the
same model year as specified in subdivision (c).
(C) Comply with all administrative
requirements in subdivision (d).
(D) Meet the applicable warranty requirements
of sections
2419.1 and
2419.2.
(E) Meet the evaporative emissions control
labeling requirements of section
2419.
(F) Submit an Executive Order of
Certification application as described in subdivision (4) to the Emissions
Certification and Compliance Division Chief, Air Resources Board.
(2) Small Volume OHRV Manufacturer
Design-Based Certification Requirements.
In order to facilitate OHRV design-based certification, small volume OHRV manufacturers may reference Component Executive Order of Certification numbers in their design-based Executive Order of Certification application or provide test results. The California Air Resources Board (CARB) will certify emissions-related parts relating to fuel hoses, fuel tanks, and venting control devices to the emission standards in section 2418(b) by issuing Component Executive Orders of Certification. Evaporative emissions control component manufacturers may obtain a Component Executive Order of Certification through the process outlined in subdivision (3). To obtain an OHRV Executive Order of Certification for the design-based evaporative emissions standard a small volume OHRV manufacturer must demonstrate compliance with paragraphs (A) through (F) below.
(A) Have measured emissions at or below the
emission standards listed in section
2418(b) in
accordance with the testing requirements in section
2418(c) or
reference Component Executive Order of Certification numbers of approved
evaporative emissions control components.
(B) Comply with all administrative
requirements in subdivision (d).
(C) Meet the applicable warranty requirements
of sections
2419.1 and
2419.2.
(D) Meet the evaporative emissions control
labeling requirements of section
2419.
(E) Complete the installation as directed by
the fuel hose, fuel tank, and carbon canister component or other venting
evaporative emissions control component manufacturer and verify adherence to
specifications contained within the referenced Component Executive Order of
Certification.
(F) Submit a
design-based Executive Order of Certification application, as described in
subdivision (4) to the Emissions Certification and Compliance Division Chief,
Air Resources Board.
(3)
Evaporative Emissions Control Component Manufacturer Certification
Requirements.
To obtain a Component Executive Order of Certification, an evaporative emissions control component manufacturer must demonstrate compliance with paragraphs (A) through (D) below:
(A) Have measured evaporative emissions at or
below the emission standards listed in section
2418 (b) or (e)
in accordance with the testing requirements in section
2418(c).
(B) Comply with all administrative
requirements in subdivision (d)(2).
(D) Submit a Component Executive Order of
Certification application in writing as described in subdivision (5) to: Chief,
Monitoring and Laboratory Division, Air Resources Board, P.O. Box 2815,
Sacramento, California 95812.
(4) Application for an Executive Order of
Certification.
An application for an evaporative emissions control Executive Order of Certification must be submitted in the English language by the OHRV manufacturer. Where possible, an OHRV manufacturer may submit a combined application for both exhaust emissions control certification, as set forth in Cal. Code Regs., tit.13, § 2412, and evaporative emissions control certification, as set forth in this section, as long as the requirements for both are fulfilled. The application for an evaporative emissions control Executive Order of Certification must describe all OHRVs in each evaporative family for which the certification is requested. Any changes to the Executive Order of Certification application must be updated and corrected by amendment. The Executive Order of Certification application must be signed under penalty of perjury by an authorized representative of the OHRV manufacturer. The Executive Order of Certification application submitted by the OHRV manufacturer must include items described in paragraphs (A) through (H) and paragraphs (I) or (J) below:
(A)
Identification and description of the OHRVs covered by the Executive Order of
Certification application and a description of the engine, evaporative emission
control system, and fuel system components. This must include a detailed
description of each auxiliary emission control device. Transmission gear
ratios, overall drive ratios, and vehicle mass (or masses) must also be
included.
(B) The range of
available fuel and ignition system adjustments.
(C) Projected California sales data
sufficient to enable the Executive Officer to select a test fleet
representative of the OHRVs for which certification is requested.
(D) A statement attesting that the test
equipment meets the requirements set forth in TP-933, or if different, a
description of the test equipment used for determining compliance with the
applicable emission standards and the test fuel and engine lubricant proposed
to be used in the test OHRVs for certification.
(E) A statement specifying the service
accumulation procedures used follows subdivision 1 or 2 below:
1. The service accumulation procedure is the
same as used for exhaust emissions testing set forth in Cal. Code Regs.,
tit.13, §
2410 et seq., and the requirements
in TP-933; or,
2. A description of
the proposed service accumulation procedure used to age the test OHRV or
evaporative emission control system to its useful life and a description of the
proposed scheduled maintenance.
(F) A statement of recommended periodic and
anticipated maintenance and procedures necessary to assure that, in operation,
the OHRVs covered by an Executive Order of Certification conform to the
regulation. The statement must include the fuels and lubricants recommended for
use by the ultimate purchaser, a description of the program for training of
personnel on maintenance requirements, and the equipment required to perform
this maintenance.
(G) A statement
attesting that the evaporative emissions control label is designed to withstand
the OHRV's total useful life and a description of the label as specified in
section 2419. The description may be a
scaled copy or blueprint of the label. The Executive Order of Certification
application must specify the location where the label is to be affixed on the
OHRV.
(H) A copy of the evaporative
emissions control warranty that is provided to the ultimate purchaser as
specified in sections
2419.1 and
2419.2.
(I) For complete OHRV certification to the
standards specified in section
2418(a) the
Executive Order of Certification application must include a description of the
evaporative emission controls and applicable test data and a statement
declaring that all test OHRVs for which data was submitted were tested using
the appropriate test procedure and conform to the provisions of this Article.
If such statements cannot be made with respect to any test OHRV, the OHRV must
be identified, and all pertinent test data relating thereto must be supplied.
1. The test data must include laboratory test
reports, name and address of test laboratory, a description of the test, test
dates and mileages, test fuel specification, and test results. The test data
must include invalid and/or voided tests and the reason such tests are invalid
or void.
2. Include a statement
that the deterioration factors are determined in the same manner as the exhaust
emissions deterioration factors with the exception that evaporative emissions
deterioration factors are additive or include a description of the
deterioration factor calculation. Additive deterioration factors computed to be
less than 0.000 must be 0.000.
3.
The certification level may be equal to or greater than the emissions level of
the certification test. The certification level must be specified.
4. Calculations showing any over compliance
or under compliance. For evaporative families that under comply, calculations
must be submitted showing how the shortfall will be made up using credits as
specified in subdivision (c).
(J) For OHRV manufacturer design-based
certification as specified in section
2418(b) or
2418(e) the
Executive Order of Certification application must include the approved
Component Executive Order of Certification number(s) for the fuel tank, fuel
hose, and carbon canister evaporative emissions control components certified to
the emissions standards listed in section
2418(b) or
2418(e).
Optionally, OHRV manufacturers can supply compliant test results for the fuel
tank, fuel hose, and carbon canister evaporative emissions control components
showing that they meet the requirements listed in section
2418(b) or
2418(e) when
tested following the test procedures listed in section
2418(c)(2) or
(3). The OHRV manufacturer must document all
evaporative emissions control-related parts installed on the OHRV. If the
evaporative emissions control design-based standards are amended in section
2418(b) or
2418(e), only
Component Executive Orders of Certification that comply with the amended
standard(s) may be used by OHRV manufacturers after the amended standards
become effective.
(5)
Application for a Component Executive Order of Certification.
An application for a Component Executive Order of Certification must be submitted in the English language by the evaporative emissions control component manufacturer. Any changes to the Component Executive Order of Certification application must be updated and corrected by amendment.
The Component Executive Order of Certification application must be signed under penalty of perjury by an authorized representative of the evaporative emissions control component manufacturer. The Component Executive Order of Certification application submitted by the evaporative emissions control component manufacturer must include items described in paragraphs (A) through (F) below:
(A) The Executive
Order of Certification application must include data demonstrating that the
evaporative emissions component meets the applicable standards in section
2418(b) or
2418(e).
(B) A statement attesting that the test
equipment meets the requirements set forth in section
2418(c) and a
description of the test equipment used for determining compliance with
applicable emission standards.
(C)
The applicant must include the data from at least five representative samples
of the evaporative emissions control component. All five representative samples
of the evaporative emissions control components must be tested using the
approved test procedures as specified in section
2418(c)(2).
Alternately, for model years 2020 through 2026, the applicant may submit data
required for evaporative emissions control system component approval by the
U.S. EPA in accordance with Part 1060, Title 40, Code of Federal Regulations,
as amended September 16, 2010, incorporated by reference herein, and Part 1051,
Title 40, Code of Federal Regulations, as amended April 30, 2010, incorporated
by reference herein. All information, including proprietary data submitted by
an evaporative emission control 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.
(D) The test data must
include laboratory test reports, the name and address of the test laboratory,
test dates, a description of the evaporative emission control technology, and
test fuel specification. The test data must include invalid and/or voided tests
and the reason such tests are invalid or void.
(E) A statement attesting that the
evaporative emissions control label is designed to withstand the component's
total useful life and a description of the label as specified in section
2419(e). The
description may be a scaled copy or blueprint of the label.
(F) The evaporative emissions control
component manufacturer must submit a sample of the evaporative emission control
component for which the certification application has been
submitted.
(6) Approval
and Disapproval of Executive Orders of Certification.
(A) Within 30 days of receipt of the
Executive Order of Certification application the Executive Officer must
determine whether an application is complete. If no determination is made the
Executive Order of Certification application is deemed to be incomplete. If an
application is deemed incomplete the Executive Officer will notify the
applicant of the determination, and the basis therefore, in writing within 30
days of the application being deemed incomplete.
(B) Within 90 days after an application has
been deemed complete, the Executive Officer will notify the applicant of his or
her intent to approve or disapprove an Executive Order of Certification. The
Executive Officer will review the test reports and data submitted, including
data from tests requested or conducted by the Executive Officer, data obtained
during an inspection, and any other pertinent data or information. If the
Executive Officer determines that a test OHRV does not meet the requirements of
sections 2416,
2417,
2418,
2419,
2419.1,
2419.2,
2419.3, or
2419.4, or any of the incorporated
test procedures, the Executive Officer will notify the applicant in writing and
set forth the reason(s) for the determination. If approved, an Executive Order
of Certification will be issued by the Executive Officer. The applicant and the
Executive Officer may mutually agree to a longer time for reaching a decision.
An applicant may submit additional supporting documentation before a decision
has been reached.
(C) The Executive
Officer may disapprove in whole or in part an Executive Order of Certification
application for any failure to meet regulatory requirements including, but not
limited to, emission results exceeding the applicable standards,
incompleteness, inaccuracy, inappropriate proposed mileage accumulation
procedures, maintenance, test equipment, label content or location, fuel or
lubricant, and incorporation of defeat devices in OHRV(s) described by the
application. Within 30 days of a decision to disapprove, the Executive Officer
will notify the applicant in writing and set forth the reasons for such
disapproval.
(D) Within 30 days of
receiving the notice of intent to disapprove, the OHRV manufacturer may choose
to proceed with option 1 or 2 below. If no communication is received from the
OHRV manufacturer within 30 days, the Executive Officer will formally
disapprove the Executive Order of Certification application.
1. Option 1 -- Request a hearing.
2. Option 2 -- Repair the test OHRV and
demonstrate by retesting that it meets applicable evaporative emissions
standards.
3. Option 3 -- Replace
the test OHRV and demonstrate by testing, in accordance with the requirements
of this regulation, that it meets applicable evaporative emissions
standards.
(E) An
Executive Order of Certification will be issued for a period not to exceed one
model year. The Executive Order of Certification will set forth such terms and
conditions, as necessary, to assure that any new OHRV(s) covered by the
Executive Order of Certification will meet the provisions of this
Article.
(F) If the Executive
Officer determines that an evaporative emissions control component for which a
Component Executive Order of Certification has been issued no longer meets the
applicable emission standard the Executive Officer may suspend or revoke the
Component Executive Order of Certification in accordance with subdivision (g).
In such a case any pre-existing Executive Order of Certification for an OHRV
that references the suspended or revoked Component Executive Order of
Certification will remain valid.
(7) Approval and Disapproval of Component
Executive Orders of Certification.
(A) Within
30 days of receipt of the Component Executive Order of Certification
application the Executive Officer must determine whether the application is
complete. If no determination is made the Component Executive Order of
Certification application is deemed to be incomplete. If an application is
deemed incomplete, the Executive Officer will notify the applicant of the
determination, and the basis therefore, in writing within 30 days.
(B) Within 90 days after an application has
been deemed complete the Executive Officer will notify the applicant of his or
her intent to approve or disapprove the Component Executive Order of
Certification. The Executive Officer will review the test reports and data
submitted by the evaporative emissions control component manufacturer,
including data from tests requested or conducted by the Executive Officer, data
obtained during an inspection, and any other pertinent data or information. If
the Executive Officer determines that an evaporative emissions control
component does not meet the requirements of sections
2416,
2417,
2418,
2419,
2419.3, or
2419.4, or any of the incorporated
test procedures, the Executive Officer will notify the applicant in writing and
set forth the reason(s) for the determination. If approved, a Component
Executive Order of Certification will be issued by the Executive Officer. The
applicant and the Executive Officer may mutually agree to a longer time for
reaching a decision. An applicant may submit additional supporting
documentation before a decision has been reached.
(C) The Executive Officer may disapprove in
whole or in part an application for a Component Executive Order of
Certification for any failure to meet regulatory requirements including, but
not limited to, evaporative emissions results exceeding the applicable
standards, incompleteness, inaccuracy, inappropriate preconditioning, test
equipment, label content or location, and test fuel described by the
application. Within 30 days of a decision to disapprove, the Executive Officer
will notify the applicant in writing and set forth the reasons for such
disapproval.
(D) Within 30 days
upon receipt of a disapproval notice, the evaporative emissions control
component manufacturer may request a hearing with the Executive
Officer.
(E) A Component Executive
Order of Certification is valid until suspended or revoked by the Executive
Officer or upon request of the evaporative emissions control component
manufacturer.
(F) If the Executive
Officer determines that an evaporative emissions control component for which an
approval has been issued no longer meets the applicable standards, the
Executive Officer may suspend or revoke the Component Executive Order of
Certification following provisions in subdivision (g).
(c) Advanced Fuel System Credits.
(1) An OHRV manufacturer is eligible to use
advanced fuel system credits to certify OHRV evaporative families subject to
section 2418(a) with the
following requirements:
(A) OHRV(s) must be
tested to the diurnal standards in section
2418(a) or must
be certified as a zero-emissions off-road vehicle.
(B) In order to generate credits, zero
emission off-road vehicles must follow the administrative requirements in
subdivision (d) to obtain an Executive Order of Certification.
(C) Certified zero emission off-road vehicles
will be awarded a 1.5 g TOG diurnal credit by the Air Resources
Board.
(D) Advanced fuel system
credits may only be applied to emissions families of the same model
year.
(E) An OHRV manufacturer may
not sell or trade advanced fuel system credits.
(F) Results are to be calculated with
consistent arithmetic units and rounded to the nearest tenth of a
gram.
(G) Zero emission golf carts
are not eligible to participate.
(H) An OHRV manufacturer must offset TOG
debits with TOG credits for each model year, so that the sum of total TOG
credits is greater than or equal to the sum of TOG debits.
(2) For each model year, an OHRV manufacturer
electing to certify with credits must calculate TOG credits and debits
separately for each evaporative family. For each evaporative family the OHRV
manufacturer must subtract the diurnal EFEL from the diurnal standard in
section 2418(a). A
negative result is a TOG debit. A positive result is a TOG credit. For
certified zero emission off-road vehicles the TOG credit is 1.5 g TOG/day for
each vehicle certified. The result, or per zero emission off-road vehicle
credit, is multiplied by the number of projected sales for each evaporative
family for the model year to calculate the total TOG credits or
debits.
(3) The OHRV manufacturer
bears the burden of establishing, to the satisfaction of the Executive Officer,
that the conditions upon which the Executive Order of Certification was issued
were satisfied. Evaporative family certification based on credits may be
revoked based on review of end-of-year reports, follow-up audits, actual sales
volumes, and any other verification steps considered appropriate by the
Executive Officer. If any evaporative family is found to exceed the OHRV EFEL
all vehicles sold under that Executive Order of Certification will be
considered noncompliant with this regulation.
(d) Administrative Requirements.
(1) Maintenance of Records for OHRV
Manufacturers.
(A) The OHRV manufacturer must
establish, maintain, and retain the following organized records for each
evaporative family:
1. CARB evaporative
family identification code,
2.
Model number and engine size,
3.
Make and model name,
4. Projected
sales volume for the model year,
5.
Certification test results,
6.
Actual sales volume for the model year,
7. Phase-in calculation, and
8. Advanced fuel system credit
calculations.
(B) For the
purpose of this Article, actual sales are defined as shipments to distributors
of OHRV(s) sold or offered for sale in California. The OHRV manufacturer must
submit California actual sales data as it becomes available for each model sold
or offered for sale in California, but no later than 90 days after the end of
the model year.
(C) The OHRV
manufacturer must retain all records required to be maintained under this
section for a period of eight years from the due date for the end-of-model year
report. Records may be retained as a hard copy, on CD-ROM, diskettes, and on
other electronic storage media depending on the OHRV manufacturer's record
retention procedure provided that in every case all information contained in
the hard copy is retained. An OHRV manufacturer must 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 OHRV manufacturer 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 OHRV
manufacturer until the requested records are made available, or the Executive
Officer approves an OHRV manufacturer's or evaporative emissions control
component manufacturer's 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 Evaporative Emissions Control Component
Manufacturers.
(A) The evaporative emissions
control component manufacturer must establish, maintain, and retain the
following organized records for each evaporative emissions control component
certified:
1. Certification test
results,
2. List of OHRV
manufacturers that reference the evaporative emissions control 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
evaporative emissions control component manufacturer must retain all
evaporative emission control components used for testing to generate
certification or durability data for as long as the Component Executive Order
of Certification remains valid.
(C)
Records may be retained as a hard copy, on CD-ROM, diskettes, and on other
electronic storage media depending on the evaporative emissions control
component manufacturer's record retention procedure provided that in every case
all information contained in the hard copy is retained. An evaporative
emissions control component manufacturer must 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
emission control component for which the manufacturer 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 emissions control component manufacturer until the
requested records are made available and/or the Executive Officer approves an
evaporative emissions control component manufacturer submitted plan addressing
why the records were unavailable and steps being taken to ensure future records
will be available upon request.
(e) Final Report.
(1) All manufacturers that certify OHRV(s) to
subdivision (c) must generate a final report for each evaporative family that
includes the OHRV projected sales volume, actual sales volume, and EFELs.
Additionally, the following items must be included in the final report:
(A) Manufacturers that certify OHRV(s) using
advanced fuel system credits, described in subdivision (c), must include a
calculation to show that the total TOG credits are equal to or greater than the
TOG debits.
(B) At the end of the
four year phase-in period OHRV manufacturers must submit a calculation to show
at least 75 percent compliance with evaporative emissions standards over the
4-year period as described in section
2418(d).
(2) Unless otherwise approved by the
Executive Officer, final reports must be submitted within 90 days of the end of
the model year to: Chief, Emissions Certification and Compliance Division,
California Air Resources Board, 4001 Iowa Avenue, Riverside, CA
92507.
(3) Failure by an OHRV
manufacturer to submit any final reports in the specified time for any OHRV(s)
subject to regulation under this section is a violation.
(f) Evaporative Testing Requirements.
(1) Compliance Test Procedures.
(A) The Executive Officer may order an OHRV
manufacturer or evaporative emissions control component manufacturer to make
available for compliance testing and/or inspection one OHRV or evaporative
emission component. Unless otherwise directed by the Executive Officer, the
OHRV or evaporative emissions control component must be delivered to: Chief,
Emissions Certification and Compliance Division, Southern California
Headquarters, Mary D. Nichols Campus, California Air Resources Board, 4001 Iowa
Avenue, Riverside, CA 92507. The OHRV or evaporative emissions control
component must be selected at random from sources specified by the Executive
Officer according to a method approved by the Executive Officer which, insofar
as practical, must exclude an OHRV or evaporative emissions control component
that would result in an unreasonable disruption of the manufacturer's
distribution system.
(B) Air
Resources Board personnel must have access to OHRV or evaporative emissions
control component assembly plants or distribution facilities for the purposes
of OHRV selection and testing. Scheduling of access must be arranged with the
representative designated in the application for an Executive Order of
Certification or a Component Executive Order of Certification.
(C) All testing must be conducted in
accordance with the applicable model year evaporative emission test procedures
or evaporative emissions control component test procedures. 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 the
Executive Officer. No break-in or modifications, adjustments, or special
preparation or maintenance will be allowed on OHRV(s) chosen for compliance
testing.
(D) Correction of damage
or maladjustment that may reasonably be found to have resulted from shipment of
the OHRV(s) is permitted only after an initial test of the OHRV(s) unless the
damage prevents the test from being completed safely. The OHRV manufacturer may
then make a request to the Executive Officer that the shipping damage be
repaired, and if the Executive Officer concurs the OHRV(s) may be retested, and
the original test results may be replaced by the after-repair test
results.
(E) The OHRV(s) must be
randomly chosen from the selected evaporative families according to the
criteria specified herein.
1. The OHRV(s) must
be representative of the OHRV manufacturer's California sales.
2. The OHRV(s) will be selected from the end
of the assembly line.
3. The
selected OHRV(s) must pass a visual inspection test to verify the OHRV has the
appropriate evaporative emissions control systems as documented in the approved
Executive Order of Certification for the evaporative family.
(F) Any OHRV(s) scheduled for
compliance testing must be selected, tested, and evaluated in accordance with
TP-933, adopted November 5, 2014. The evaporative family will be deemed to have
failed the compliance testing if the measured evaporative emissions are above
the applicable EFEL. Any evaporative emissions control component(s) subject to
compliance testing must be selected, tested, and evaluated in accordance with
the test procedure found in 2418(c)(2). The evaporative emissions control
component will be deemed to have failed the compliance testing if the measured
evaporative emissions are above the applicable standard.
(G) If the OHRV(s) selected for inspection
fails the requirements of this section, or fails to conform to the labeling
requirements of section
2419, the Executive Officer will
notify the OHRV manufacturer or evaporative emissions control component
manufacturer in accordance with subdivision (f)(2).
(2) Notification of Failure.
If compliance testing identifies an OHRV or evaporative emissions control component that does not meet the evaporative emissions standards set out in section 2418, or that does not conform to the certification requirements in subdivision (b), the Executive Officer will notify the OHRV manufacturer or evaporative emissions control component manufacturer. The Executive Officer will also notify the OHRV manufacturer or evaporative emissions control component manufacturer that the Executive Order of Certification may be suspended or revoked. The OHRV manufacturer or evaporative emissions control component manufacturer has 30 calendar days in which to notify the Executive Officer of their intent to provide additional information and/or independent test results for five tanks, engines, or equipment that document compliance of the evaporative family or evaporative emissions control component. The Executive Officer will consider all relevant information provided by the OHRV manufacturer or evaporative emissions control component manufacturer and other interested parties, including, but not limited to, corrective actions applied to the noncompliant evaporative family or evaporative emissions control component.
(g) Suspension and Revocation of Executive Orders of Certification and Component Executive Orders of Certification.
(1) The Executive Officer may not revoke or
suspend the Executive Order of Certification or Component Executive Order of
Certification without considering any information provided by the OHRV
manufacturer or evaporative emissions control component manufacturer related to
the certification requirements contained in subdivision (b).
(2) If the results of the compliance testing
indicate that the failed OHRV(s) of a particular evaporative family or the
failed evaporative emissions control component is produced at one plant, the
Executive Officer may suspend the Executive Order of Certification or Component
Executive Order of Certification with respect to the OHRV(s) or evaporative
emissions control components manufactured at that plant only.
(3) Notwithstanding the foregoing, the
Executive Officer may suspend an OHRV's Executive Order of Certification or
Component Executive Order of Certification effective upon written notice to the
OHRV manufacturer or evaporative emissions control component manufacturer if
the Executive Officer finds that:
(A) The OHRV
manufacturer or evaporative emission control component manufacturer has refused
to comply with any of the applicable requirements for certification of this
section; or
(B) The OHRV
manufacturer or evaporative emissions control component manufacturer has
submitted false or incomplete information in any report or information provided
to the Executive Officer under this section; or
(C) The OHRV manufacturer or evaporative
emissions control component manufacturer has rendered inaccurate any test data
submitted under this section; or
(D) CARB personnel have been denied the
opportunity to conduct activities authorized under this section by the OHRV
manufacturer or evaporative emissions control component manufacturer.
(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 subdivision
(f)(1) or (f)(2) if the proposed remedy for the nonconformity, as reported by
the OHRV manufacturer to the Executive Officer, is one requiring a design
change or changes to the evaporative emission control system as described in
the Executive Order of Certification application of the affected evaporative
family.
(5) Once an Executive Order
of Certification or Component Executive Order of Certification has been
suspended pursuant to subdivision (f), the OHRV manufacturer or evaporative
emissions control component manufacturer 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
OHRV(s) or evaporative emissions control component, describes the proposed
remedy, including a description of any proposed quality control and/or quality
assurance measures to be taken by the OHRV manufacturer or evaporative
emissions control component manufacturer 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, or the
evaporative emissions control component for which a Component Executive Order
of Certification has been issued, has been suspended does in fact comply with
the regulations of this part by testing an OHRV. The results must meet the
criteria required for certification in subdivision (b).
(6) Once the Executive Order of Certification
has been revoked for an evaporative family or evaporative emissions control
component, and if the OHRV manufacturer or evaporative emissions control
component manufacturer desires to continue introduction into commerce of a
modified version of that evaporative family or evaporative emissions control
component then the OHRV manufacturer or evaporative emissions control component
manufacturer must, after implementing the change or changes intended to remedy
the nonconformity, demonstrate that the modified evaporative family or
evaporative emissions control component does in fact conform to the applicable
evaporative emissions standards of section
2418. Conformity can be
demonstrated by having five OHRVs from the modified evaporative family or five
evaporative emissions control components tested following the test procedures
in section
2418(c). Testing
may be waived by the Executive Officer based on an OHRV manufacturer-submitted
engineering evaluation that shows the change or changes do not affect
evaporative emissions.
(h) Tampering/Tamper Resistance.
(1) Manufacturers must design OHRV
evaporative emissions control systems in such a way that they are resistant to
tampering or removal.
(2) Any
canister used to capture evaporative emissions from an off-road motorcycle must
be mounted so it does not protrude from the OHRV such that it is prone to
damage in a tip over.
(3) If the
canister installed on an off-road motorcycle is outside what would otherwise be
the cross-sectional profile of the OHRV (with the hoods closed and cargo boxes
in the position required for operation), or if the canister installed on an
OHRV, except off-road motorcycles, is visible to someone standing next to the
OHRV when the OHRV is completely assembled then the canister must be mounted
such that nonconventional tools are required to remove it and the vapor line
connections to the canister. Otherwise, fasteners requiring conventional tools
may be used.
(4) The evaporative
system must be designed in such a way that tampering/disassembling is not
needed to conduct normal functions. Normal functions include routine
maintenance and refueling of the OHRV.
(5) OHRV owners are responsible for
confirming all add-on or modified parts installed on OHRVs are compliant with
evaporative emissions standards.
(6) OHRV manufacturers must publish the
following statement in the owner's manual to inform OHRV owners of California
regulations that prohibit tampering with emission control systems: "An add-on
or modified part must be compliant with applicable CARB evaporative emission
control standards. A violation of this requirement is punishable by civil
and/or criminal punishment."
(7)
OHRV manufacturers must include an OHRV tampering statement for all new OHRVs
certified to the provisions of this Article informing OHRV owners of laws that
prohibit tampering. This may be accomplished by including the appropriate
tampering statement on a tag attached to the OHRV or by printing the
appropriate tampering statement on the front cover of the owner's manual.
(A) The OHRV tampering statement text must be
printed in the English language and use block letters and numerals, which must
be of a color that contrasts with the background.
(B) The OHRV tampering statement text must be
large enough to be clearly legible.
(C) The OHRV tampering statement must include
a warning statement that reads "The removal or modification of evaporative
emission-related parts on this OHRV is illegal. Violators may be subject to
civil and/or criminal penalties as provided under California and federal
law."
(D) If a removable tag is
used, the OHRV tampering statement must be fastened in a way that it is
destroyed upon removal. The tag must also include an additional statement that
reads "This tag may not be removed under penalty of law except by the vehicle
owner."
(8) Any
tampering, removal or modifications of the evaporative emissions control system
is prohibited under Part 1068.101(b)(1), Title 40, Code of Federal Regulations.
(A) Peace officers are given the authority to
enforce illegal vehicle tampering by section
27156 of the
California Vehicle Code.
(B)
Section
27156 of the
California Vehicle Code prohibits the installation of any add-on or modified
emission-related part on any pollution-controlled OHRV unless the part has been
exempted by the Executive Officer. The Executive Officer will exempt an OHRV
part from the prohibition of California Vehicle Code section
27156 if the
part is found to do either of the following:
1. Not reduce the effectiveness of any
required evaporative emissions control device on the OHRV, or
2. Demonstrate that the applicable
evaporative emissions standards are being met when the part(s) are properly
installed on the OHRV. Sale or installation of any aftermarket part or parts
which could potentially affect the evaporative emissions control system is
prohibited in California without a CARB approved Anti-Tampering Exemption as
stated in Cal. Code Regs., tit. 13, §
2470 through
2476.
(i) Inspection.
Subject to the provision of this Article the Executive Officer or an authorized representative of the Executive Officer, may, as deemed necessary to ensure compliance with this Article, periodically inspect any facility which sells or offers for sale or manufactures OHRVs, sells or offers for sale or manufactures engines or sells or offers for sale or manufactures evaporative emissions control components, technology, or systems. Failure of an OHRV manufacturer or evaporative emissions control component manufacturer, distributor, retailer or other person subject to this Article to allow access for inspection purposes may be grounds for suspension or revocation of an Executive Order of Certification.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43105, 43107, 43205.5, 43210 and 43824, Health and Safety Code. Reference: Sections 43013, 43018, 43105, 43106, 43205, 43205.5, 43210 and 43824, Health and Safety Code; and Section 27156, Vehicle Code.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43105, 43107, 43205.5, 43210 and 43824, Health and Safety Code. Reference: Sections 43013, 43018, 43105, 43106, 43205, 43205.5, 43210 and 43824, Health and Safety Code; and Section 27156, Vehicle Code.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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