Cal. Code Regs. tit. 13 § 2765

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 2765 - New Equipment Compliance Testing

(a) Compliance Test Procedures.

(1) The Executive Officer may order a Holder to make available for compliance testing and/or inspection five or more fuel lines, carbon canisters, or fuel tanks, or one or more engines or equipment units with complete evaporative emission control systems. Unless otherwise directed by the Executive Officer, the fuel lines, carbon canisters, fuel tanks, engines, or equipment units shall be delivered to 4001 Iowa Street, Riverside, CA 92507. Fuel lines, carbon canisters, fuel tanks, engines or equipment units must be selected at random from sources specified by the Executive Officer according to a method approved by the Executive Officer, that, insofar as practical, must exclude engines or equipment that would result in an unreasonable disruption of the Holder's distribution system. Such an order may include a requirement to demonstrate that the measured rate or volume of purge from a representative sample of production canisters and engines certified under section 2754 meets any design specification required by the Executive Officer in the applicable Executive Order of Certification or included by the Holder in the application for such an Order.

(2) The Executive Officer may obtain five or more fuel lines, carbon canisters, or fuel tanks, or one or more engines or equipment units with complete evaporative emission control systems manufactured for sale or lease for use or operation in California, sold or leased or offered for sale or lease for use or operation in California, or delivered or imported into California for introduction into commerce in California for compliance testing or inspection.

(3) The method for selection and testing of the fuel lines, carbon canisters, fuel tanks, engines or equipment and the evaluation of test data must be made in accordance with the procedures set forth herein.

(4) California Air Resources Board personnel shall have access to the fuel line, carbon canister, fuel tank, engine, or equipment assembly plants, or distribution facilities for the purposes of fuel line, carbon canister, fuel tank, engine, or equipment selection and testing. Scheduling of access shall be arranged with the representative designated in the application for certification.

(5) All testing must be conducted in accordance with the applicable model year evaporative emission test procedures, except that durability testing and preconditioning may be omitted or conducted at a lower temperature at the Executive Officer's discretion. The hot soak test shall be performed at the temperature at which the hot soak test was performed during certification testing. 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 CARB. No break-in, modifications, adjustments, special preparation or maintenance will be allowed on fuel lines, carbon canisters, fuel tanks, engines or equipment units chosen for compliance testing without the written consent of the Executive Officer.

(6) Correction of damage or maladjustment that may reasonably be found to have resulted from shipment of the engine or equipment is permitted only after an initial test of the engine or equipment, except where 100 percent of the Holder's production is given that inspection or maintenance by the Holder's own personnel. The Holder may request that the engine or equipment be repaired from shipping damage, and be retested. If the Executive Officer concurs, the engine or equipment may be retested, and the original test results may be replaced by the after-repair test results.

(7) Engines or equipment must be randomly chosen from the selected evaporative family or subgroup, as designated by the Executive Officer.

(8) An evaporative family will be deemed to have passed the compliance testing if the evaporative emissions from all tested engines or equipment units are below the applicable diurnal or hot soak plus diurnal emission standard in section 2754 or 2757, or the EMEL, if applicable. If any engine or equipment unit has evaporative emissions above the applicable diurnal or hot soak plus diurnal emission standard in section 2754 or 2757, or the EMEL, if applicable, the evaporative family will be deemed to have failed compliance testing.

The fuel lines, carbon canisters, or fuel tanks certified under an Executive Order will be deemed to have passed the compliance testing if all tested samples meet the applicable design standard in section 2754, 2755, or 2757. The fuel lines, carbon canisters, or fuel tanks certified under an Executive Order will be deemed to have failed compliance testing if any fuel line, carbon canister, or fuel tank does not meet the applicable design standards in section 2754, 2755, or 2757.

(9) An evaporative family may be deemed to have failed compliance testing without testing if any engine or equipment unit selected for testing visibly leaks fuel, except that subsection (a)(6) shall still apply.

(10) If any fuel line, carbon canister, fuel tank, engine, or equipment unit selected for inspection fails a compliance test as determined by subsection (a)(8) or (a)(9), or fails to conform to the labeling requirements of section 2759, the Executive Officer shall notify the Holder in accordance with subsection (b).

(b) Notification of Failure.

If compliance testing identifies fuel lines, carbon canisters, fuel tanks, or evaporative families that do not meet the standards in sections 2754 through 2757 or the labeling requirements in section 2759, the Executive Officer will notify the Holder of the Executive Order of Certification covering the fuel lines, carbon canisters, fuel tanks, or evaporative families. The Executive Officer shall also notify such Holder that the Executive Order of Certification may be suspended or revoked. The Holder of the Executive Order of Certification shall have 30 calendar days in which to notify the Executive Officer of their intent to provide additional information or independent test results for five fuel lines, carbon canisters, fuel tanks, engines, or equipment units, selected by the Executive Officer, that document compliance of the evaporative family, fuel lines, carbon canister, or fuel tanks. An evaporative family will be deemed to have overcome the failure of compliance testing under subsection (a)(8) or (a)(9) of this section and to have passed compliance testing if the average of the evaporative emissions from the five engines or equipment units selected by the Executive Officer for independent testing under this subsection does not exceed the applicable diurnal or hot soak plus diurnal emission standard in section 2754 or 2757, or the EMEL, if applicable. The fuel lines, carbon canisters, or fuel tanks certified under an Executive Order will be deemed to have overcome the failure of compliance testing under subsection (a)(8) or (a)(9) of this section and to have passed compliance testing if the five fuel lines, carbon canisters, or fuel tanks selected by the Executive Officer for independent testing under this subsection meet the applicable design standard in section 2754, 2755, or 2757. The Executive Officer may request the engines, equipment units, fuel lines, carbon canisters, or fuel tanks selected by the Executive Officer for independent testing under this subsection be delivered to a CARB facility for additional inspection or testing. The Executive Officer will consider all relevant information, including, but not limited to, emission credits and corrective actions applied by the Holder to the evaporative family, fuel lines, carbon canisters, or fuel tanks to remedy the failure or determine if the evaporative family, fuel lines, carbon canisters, or fuel tanks comply with the standards in sections 2754 through 2757.

(c) 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 Holder of such certification pursuant to (b) above.

(2) If the results of the compliance testing indicate that the failed fuel lines, carbon canisters, fuel tanks, or evaporative family certified under an Executive Order are produced at one plant, the Executive Officer may elect to suspend the Executive Order of Certification with respect to that evaporative family for engines or equipment manufactured at that plant.

(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 Holder if the Executive Officer finds that:

(A) The Holder of the Executive Order of Certification has refused to comply with any of the requirements of this section; or

(B) The Holder has submitted false or incomplete information in any report or information provided to the Executive Officer under this section;

(C) The Holder has rendered inaccurate any test data submitted under this section;

(D) That CARB personnel have been denied the opportunity to conduct activities authorized under this section after a warrant or court order is presented to the Holder;

(E) That CARB personnel were unable to conduct activities authorized in this Article because the facility is located in a foreign jurisdiction where local law prohibits those activities.

(4) The Executive Officer may revoke an Executive Order of Certification for an evaporative family, fuel line, carbon canister, or fuel tank after the Executive Order of Certification has been suspended pursuant to subsection (1), (2), or (3) of this section if the proposed remedy for the nonconformity, as reported by the Holder to the Executive Officer, is one requiring a design change or changes to the evaporative emission control system, fuel line, carbon canister, or fuel tank as described in the application for certification of the affected evaporative family, fuel line, carbon canister, or fuel tank.

(5) Once an Executive Order of Certification has been suspended for a failed fuel line, carbon canister, fuel tank, or evaporative family, as provided for in subsection (1), (2), or (3) of this section, the Holder must take the following actions before the Executive Order of Certification can be reinstated:

(A) Appeal the suspension pursuant to Section 2771; or

(B) Remedy the nonconformity;

(C) Demonstrate that the fuel line, carbon canister, fuel tank, or evaporative family conforms to the standards in sections 2754 through 2757 and the labeling requirements in section 2759, as applicable, by retesting each fuel line, carbon canister, fuel tank, or evaporative family in accordance with these regulations and submitting to the Executive Officer samples of all actual production labels used within the evaporative family; and

(D) Submit a written report to the Executive Officer, after successful completion of testing on the failed fuel line, carbon canister, fuel tank, or evaporative family that contains a description of the remedy and test results for each fuel line, carbon canister, fuel tank, or evaporative family in addition to other information that may be required by this Article.

(6) Once an Executive Order of Certification for a failed evaporative family, fuel line, carbon canister, or fuel tank has been suspended pursuant to subsection (1), (2) or (3) of this section, the 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 fuel lines, carbon canisters, fuel tanks, or evaporative family, describes the proposed remedy, including a description of any proposed quality control and/or quality assurance measures to be taken by the 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, fuel line, carbon canister, or fuel tank for which the Executive Order of Certification has been suspended does in fact comply with the regulations of this Article by testing no fewer than five fuel lines, carbon canisters, fuel tanks, engines, or equipment units. Such testing must comply with the provisions of this section.

(7) Once the Executive Order of Certification has been revoked for an evaporative family, fuel lines, carbon canister, or fuel tank, if the Holder desires to continue introduction into commerce of a modified version of that evaporative family or subgroup, the Holder must:

After implementing the change or changes intended to remedy the nonconformity, demonstrate that the modified evaporative family, fuel line, carbon canister, or fuel tank does in fact conform to the applicable standards of this Article by testing five fuel lines, carbon canisters, fuel tanks, engines or equipment units selected by the Executive Officer from the modified evaporative family unless such testing is waived by the Executive Officer.

(8) To permit a Holder to avoid storing non-test engines or equipment while conducting subsequent testing of the noncomplying evaporative family, a Holder may request that the Executive Officer conditionally reinstate the Executive Order of Certification for that evaporative family.

Cal. Code Regs. Tit. 13, § 2765

1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment filed 11-13-2017; operative 1-1-2018 (Register 2017, No. 46).
3. Amendment of subsections (a)(1), (a)(4)-(5), (a)(7)-(8) and (b) filed 9-14-2022; operative 1-1-2023 (Register 2022, No. 37).

Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.

1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment filed 11-13-2017; operative 1/1/2018 (Register 2017, No. 46).
3. Amendment of subsections (a)(1), (a)(4)-(5), (a)(7)-(8) and (b) filed 9-14-2022; operative 1/1/2023 (Register 2022, No. 37).