Section 2865 - New Spark-Ignition Marine Watercraft Compliance Testing(a)Design-Based Certification Compliance Test Procedures.(1) The Executive Officer may, with respect to any new design-certified SIMW being sold, offered for sale, or manufactured for sale in California, order a component manufacturer, whose Component Executive Order of Certification is referenced in the SIMW's design-based certification, to make available for compliance testing and/or inspection five evaporative emissions control system components. Compliance testing for design-based certification must be completed according to section 2864.(2) If the evaporative emissions control system component from the SIMW selected for inspection fails an evaporative emissions test as determined by section 2864(a)(2), or fails to conform to the labeling requirements of sections 2859 and 2860, the Executive Officer shall notify the Component EO Holder and the evaporative system builder in accordance with sections 2864(b) and 2865(c), respectively. The Component EO Holder shall be the responsible representative if any failure occurs for an evaporative emissions control system component according to section 2864(a).(b)Performance-Based Certification Compliance Test Procedures.(1) The Executive Officer may, with respect to any new performance-based certified SIMW evaporative family being sold, offered for sale, or manufactured for sale in California, order a SIMW manufacturer or evaporative system builder to make available for compliance testing and/or inspection of at least one SIMW. Unless otherwise directed by the Executive Office, the SIMW shall be delivered to: Chief, Emissions Compliance, Automotive Regulations and Science Division, ARB. The SIMW must be selected at random from sources specified by the Executive Officer according to a method approved by the Executive Officer (subsection (b)(5)). The selection must exclude a SIMW that would result in an unreasonable disruption of the evaporative system builder's distribution system.(2) ARB personnel shall have access to SIMW assembly plants or distribution facilities for the purposes of selection for testing. Scheduling of access shall be arranged with the representative designated in the application for certification or a representative designated by the evaporative system builder.(3) All testing must be conducted in accordance with the applicable MY evaporative emissions test procedures. Any evaporative emissions control system parameters must be set to values or positions that are within the range as specified in the certification application. No break-in or modifications, adjustments, or special preparation or maintenance will be allowed on SIMW chosen for compliance testing without the written consent of the Executive Officer. If the Executive Officer consents to break-in or modifications, adjustments, or special preparation or maintenance, they will be performed by the evaporative system builder under the supervision of ARB personnel.(4) Correction of damage or maladjustment that may reasonably be found to have resulted from shipment of the SIMW is permitted only after an initial test of the SIMW. The evaporative system builder may request that the SIMW be repaired from shipping damage and be retested. If the Executive Officer concurs, the SIMW may be retested, and the original test results may be replaced by the post-repair test results.(5) One SIMW must be randomly chosen from the selected evaporative family according to the criteria specified herein. The SIMW must be representative of the evaporative system builder's California sales. The SIMW will be selected from the end of the assembly line. The selected SIMW must pass the inspection test by being equipped with the appropriate emissions control systems as documented in the approved Executive Order of Certification for the evaporative family.(6) One SIMW from the requested evaporative family will be selected for testing per the applicable test procedure as indicated in section 2855. The evaporative family will be deemed to have passed the compliance testing if the test result is equal or below the applicable standard. The evaporative family or subgroup will be deemed to have failed the compliance testing if the test result is above the applicable standard.(7) If the SIMW selected for inspection fails an evaporative emissions test as determined by subsection (b)(6), or fails to conform to the labeling requirements of sections 2859 and 2860, the Executive Officer shall notify the evaporative system builder in accordance with subsection (c).(c)Notification of Failure. If compliance testing identifies SIMW that do not meet the standards set out in subsection (b)(6), the Executive Officer will notify the EO Holder. The Executive Officer shall also notify such EO Holder that the Executive Order of Certification may be suspended or revoked. The 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 a randomly selected SIMW that documents compliance of the evaporative family. The evaporative family will be deemed to have passed the compliance testing if SIMW meets the applicable performance standards specified in this Article. The Executive Officer will consider all relevant information provided by the evaporative system builder, and other interested parties, including, but not limited to corrective actions applied to the noncompliant evaporative family.
(d)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 EO Holder of such certification pursuant to subsection (b).(2) If the results of the compliance testing indicate that the failed SIMW of a particular evaporative family are produced at one plant, the Executive Officer may elect to suspend the Executive Order of Certification with respect to SIMW manufactured at that plant only.(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 EO Holder if the Executive Officer finds that:(A) The EO Holder has refused to comply with any of the requirements of this section; or(B) The EO Holder has submitted false or incomplete information in any report or information provided to the Executive Officer under this section; or(C) ARB personnel have been denied entry to inspect 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 an Executive Order of Certification for an evaporative family after the Executive Order of Certification has been suspended pursuant to subsection (1) or (2) of this section if the proposed remedy for the nonconformity, as reported by the EO Holder to the Executive Officer, is one requiring a design change or changes to the evaporative emissions control system as described in the application for certification of the affected evaporative family.(5) Once an Executive Order of Certification for a failed evaporative family has been suspended pursuant to subsections (1), (2), or (3), the EO 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 SIMW, describes the proposed remedy, including a description of any proposed quality control and/or quality assurance measures to be taken by the 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 evaporative family for which the Executive Order of Certification has been suspended does in fact comply with the regulations of this Article by testing a SIMW.(6) Once the Executive Order of Certification has been revoked for an evaporative family, if the EO Holder desires to continue introduction into commerce of a modified version of that evaporative family, then the EO Holder must demonstrate that the modified evaporative family does in fact conform to the applicable standards of this Article by having one SIMW from the modified evaporative family tested as described in TP-1501 after implementing the change or changes intended to remedy the nonconformity.(7) To permit an EO Holder to avoid stockpiling SIMW while conducting subsequent testing of the noncomplying evaporative family, an EO Holder may request that the Executive Officer conditionally reinstate the Executive Order of Certification for that evaporative family.(e)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 an Executive Order of Certification.Cal. Code Regs. Tit. 13, § 2865
1. New section filed 2-8-2016; operative 4-1-2016 (Register 2016, No. 7). Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
1. New section filed 2-8-2016; operative 4/1/2016 (Register 2016, No. 7).