(a) The Executive Officer may make a determination that tank vent emission control achieved by an innovative technology may be approved per section 2767.1 if an evaluation of the innovative technology reveals that the technology can enable evaporative emission control systems to meet the evaporative emission requirements in section 2754 or 2757.

(b) The Executive Officer may make a determination to exempt engines and equipment from section 2756(b) of this Article if an evaluation of the innovative technology reveals that the technology can enable engines or equipment to meet the diurnal or hot soak plus diurnal emission standards in section 2754.

(c) A manufacturer must apply in writing to the Executive Officer for an innovative product equivalency claimed under subsection (a) or (b). The application must include the supporting documentation that quantifies the emissions from at least 5 engines or equipment units with complete evaporative emission control systems using the innovative product, including the test methods used to generate the data. The test methods shall include criteria for reproducibility, accuracy, and sampling and laboratory procedures. In addition, the applicant must provide any information to enable the Executive Officer to establish conditions for making a determination of “equivalency”. All information, including proprietary data submitted by a manufacturer pursuant to this section, shall be handled in accordance with the procedures specified in title 17, California Code of Regulations, sections 91000-91022.

(d) Within 30 days of receipt of the application, the Executive Officer shall determine whether an application is complete.

(e) Within 90 days after an application has been deemed complete, the Executive Officer will determine whether, under what conditions, and to what extent, a determination of “equivalency” will be permitted. The applicant and the Executive Officer may mutually agree to a longer time period for reaching a decision. An applicant may submit additional supporting documentation before a decision has been reached. The Executive Officer will notify the applicant of the decision in writing and specify such terms and conditions that are necessary to ensure that emissions from engines or equipment using the innovative product will meet the evaporative emission standards in section 2754 or 2757.

(f) If the evaporative emission standards or test procedures are amended for a product category, all innovative “equivalency” determinations granted for products in the product category, except as provided in subsection (g), have no force and effect as of the effective date of the amended evaporative emission standards or test procedures.

(g) If the Executive Officer believes that a product for which an “equivalency” determination has been granted no longer meets the criteria for an innovative product specified in subsections (a) or (b), the Executive Officer may hold a public hearing in accordance with the procedures specified in title 17, California Code of Regulations, Article 1, Subchapter 1.25, Chapter 1, Division 3, to determine if the “equivalency” determination should be modified or revoked.