Section 2864 - New Evaporative Emissions Control System Component Compliance Testing(a)Compliance Test Procedures.(1) The Executive Officer may order a component manufacturer, whose evaporative component has been issued a Component Executive Order of Certification, to make available for compliance testing and/or inspection five evaporative components. Unless otherwise directed by the Executive Officer, the SIMW evaporative emissions control system component shall be delivered to: Chief, Monitoring and Laboratory Division, ARB, P.O. Box 2815, Sacramento, California 95812. Evaporative emissions control system components must be selected at random from sources specified by the Executive Officer according to a method approved by the Executive Officer (subsection (a)(5)). The selection must exclude SIMW evaporative emissions control system components that would result in an unreasonable disruption of the manufacturer's distribution system. ARB personnel shall have access to evaporative emissions control system component assembly plants or distribution facilities for the purposes of component selection and testing.
(2) All testing must be conducted in accordance with the applicable MY evaporative emissions test procedures under which the component was certified by the Executive Officer. Any evaporative emissions control system parameters must be set to values or positions that are within the range as specified in the certification application.(3) Correction of damage or maladjustment that may reasonably be found to have resulted from shipment of the evaporative emissions control system component is permitted only after an initial test. The component manufacturer may request that the component be repaired from shipping damage and be retested. If the Executive Officer concurs, then the evaporative emissions control system component may be retested, and the original test results may be replaced by the post-repair test results.(4) Evaporative emissions control system components must be randomly chosen according to the following criteria: (A) The evaporative emissions control system component must be representative of the California sales.(B) Each evaporative emissions control system component will be selected from the end of the assembly line.(C) All evaporative emissions control system component models must be included in the sample pool.(D) Five evaporative emissions control system components will be selected for testing per the applicable test procedure as indicated in sections 2854 and/or 2855, where applicable.(E) The component will be deemed to have passed the compliance testing if all test results are equal to or below the applicable standard.(F) The component or subgroup will be deemed to have failed the compliance testing if one or more of the test results are above the applicable standard and the upper 95 percent confidence limit of the five samples is greater than 110 percent of the applicable standards specified in sections 2854 and/or 2855 per the following table: | Test Category | "Pass" If "U" is less than or equal to | "Fail" If "U" is greater than |
| 1st and Subsequent Years of Evaporative Family | 1.1* Applicable Standard | 1.1* Applicable Standard |
Where:
Click here to view image
(5) If any evaporative emissions control system component selected for inspection fails an evaporative emissions test as determined by subsection (a)(2), or fails to conform to the labeling requirements of section 2859, the Executive Officer shall notify the component manufacturer in accordance with subsection (b).(b)Notification of Failure. If compliance testing identifies an evaporative emissions control system component that does not meet the standards set out in subsection (a)(5), the Executive Officer will notify the Component EO Holder. The Executive Officer shall also notify the Component EO Holder that the Component Executive Order of Certification may be suspended or revoked. The Component EO Holder shall have 30 calendar days in which to notify the Executive Officer of their intent to provide additional information and/or independent test results for the five randomly selected evaporative emissions control system components showing compliance with this Article. The Executive Officer will consider all relevant information provided by the component manufacturer and other interested parties, including, but not limited to, corrective actions.
(c)Suspension and Revocation of Executive Orders.(1) The Executive Officer shall not revoke or suspend the Component Executive Order of Certification without considering all relevant information provided by the Component EO Holder and other interested parties, including, but not limited to, corrective actions.(2) If the results of the compliance testing indicate that the failed evaporative emissions control system components are produced at one plant, the Executive Officer may elect to suspend the Component Executive Order of Certification with respect to components manufactured at that plant only.(3) Notwithstanding the foregoing, the Executive Officer may suspend a Component Executive Order of Certification, in whole or in part, effective upon written notice to the Component EO Holder if the Executive Officer finds that:(A) The Component EO Holder has refused to comply with any of the requirements of this section; or(B) The Component EO Holder has submitted false or incomplete information in any report provided to the Executive Officer under this section; or(C) ARB personnel have been denied entry for inspection and/or the opportunity to conduct authorized activities; or(D) ARB personnel were unable to conduct activities authorized in this Article because the facility is located in a foreign jurisdiction.(4) The Executive Officer may revoke a Component Executive Order of Certification for an evaporative emissions control system component after the Executive Order has been suspended pursuant to subsection (1) or (2), if the proposed remedy for the nonconformity, as reported by the Component EO Holder to the Executive Officer, is one requiring a design change to the evaporative emissions control system component.(5) Once a Component Executive Order of Certification for a failed evaporative emissions control system component has been suspended pursuant to subsections (1), (2), or (3), the Component EO Holder must take the following actions before the Executive Officer will consider reinstating the Component Executive Order of Certification:(A) Submit a written report to the Executive Officer that identifies the reason for the noncompliance of the evaporative emissions control system component, describes the proposed remedy, including a description of any proposed quality control and/or quality assurance measures to be taken by the Component EO Holder to prevent future occurrences of the problem, and states the date on which the remedies will be implemented, and(B) Demonstrate that the Component Executive Order of Certification that has been suspended does in fact comply with the regulations of this Article by testing no fewer than five evaporative emissions control system components.(6) Once the Component Executive Order of Certification has been revoked, if the Component EO Holder desires to continue introduction into commerce of a modified version of the evaporative emissions control system component, the Component EO Holder must: after implementing the change or changes intended to remedy the nonconformity, demonstrate that the evaporative emissions control system component does in fact conform by certifying to the applicable standards of this Article by having five evaporative emissions control system components tested following the applicable test procedure indicated in sections 2854 or 2855, unless such testing is waived by the Executive Officer after an engineering analysis.(7) To permit a Component EO Holder to avoid storing non-tested evaporative emissions control system components while conducting subsequent testing of the noncomplying evaporative component, a Component EO Holder may request that the Executive Officer conditionally reinstate the Component Executive Order of Certification.(d)Inspection. The Executive Officer, or an authorized representative of the Executive Officer, may inspect any facility that manufactures, assembles, distributes, or sells SIMW, SIME, or evaporative emissions control system components, or systems subject to this Article. Failure of an evaporative systems builder, component manufacturer, distributor, or retailer or other person subject to this Article to allow access for inspection purposes shall be grounds for suspension or revocation of a Component Executive Order of Certification.Cal. Code Regs. Tit. 13, § 2864
1. New section filed 2-8-2016; operative 4-1-2016 (Register 2016, No. 7). Note: Authority cited: Sections 39600, 39601, 41510, 43212, 43008.6 and 43013, Health and Safety Code. Reference: Sections 41510 and 43013, Health and Safety Code.
1. New section filed 2-8-2016; operative 4/1/2016 (Register 2016, No. 7).