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§ 2419.4. Evaporative Emissions Control System Testing and Certification Requirement.

13 CA ADC § 2419.4BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
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 (Refs & Annos)
13 CCR § 2419.4
§ 2419.4. Evaporative Emissions Control System Testing and Certification Requirement.
(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 Air Resources Board (ARB) 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 non-compliant 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. ARB 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, Air Resources Board, 9528 Telstar Avenue, El Monte, CA 91731.
(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, Haagen-Smit Laboratory, Air Resources Board, 9528 Telstar Avenue, El Monte, CA 91731. 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) ARB 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 non-conventional 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 ARB 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 an ARB 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.
HISTORY
1. New section filed 12-17-2014; operative 4-1-2015 (Register 2014, No. 51).
2. Amendment of subsections (b)(1)-(b)(1)(B), (b)(1)(F), (b)(2)(F), (b)(3)(A), (b)(4)(J), (b)(5)(A), (b)(5)(C) and (c)(1)-(c)(1)(C), repealer of subsection (c)(1)(F), subsection relettering, amendment of subsections (c)(2), (e)(2) and (f)(1)(A) and amendment of Note filed 11-26-2019; operative 1-1-2020 (Register 2019, No. 48).
This database is current through 7/29/22 Register 2022, No. 30
13 CCR § 2419.4, 13 CA ADC § 2419.4
End of Document