Section 2468.5 - Innovative Products(a) The Executive Officer may exempt a portable outboard marine tank, portable outboard marine tank self sealing cap, portable outboard marine tank fuel hose, or portable outboard marine tank primer bulb from one or more of the requirements of Section 2468.1 or 2468.2 if a manufacturer demonstrates by clear and convincing evidence that, due to the product's design, delivery system, or other factors, the use of the product will result in cumulative ROG emissions below the highest emitting representative portable outboard marine tank, portable outboard marine tank self sealing cap, portable outboard marine tank fuel hose, or portable outboard marine tank primer bulb in its product category as determined from applicable testing.(b) For the purposes of this Section, "representative tank" or "representative cap" or "representative fuel hose" or "representative primer bulb" means a portable outboard marine tank, portable outboard marine tank self sealing cap, portable outboard marine tank fuel hose, or portable outboard marine tank primer bulb, respectively, which at the time of application in subsection (c) of this Section, meets the Performance Standards specified in Sections 2468.1 (a) or Section 2468.2 (a) or the Certification Requirements specified in "CP-510, Certification Procedure for Portable Outboard Marine Tanks and Components July 20, 2009."(c) A manufacturer (applicant) must apply in writing to the Executive Officer for an innovative product exemption claimed under subsection (a). The application must include the supporting documentation that quantifies the emissions from the innovative product, including the actual physical test procedures used to generate the data. In addition, the applicant must provide any information necessary to enable the Executive Officer to establish enforceable conditions for granting the exemption. 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 exemption application the Executive Officer shall determine whether an application is complete as provided in section 60030(a), Title 17, California Code of Regulations.(e) Within 90 days after an application has been deemed complete, the Executive Officer will determine whether, under what conditions, and to what extent, an exemption from the requirements of Sections 2468.1 or 2468.2 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 use of the product will meet the emissions reductions specified in subsection (a), and that such emissions reductions can be enforced.(f) In granting an innovative product exemption for a portable outboard marine tank, portable outboard marine tank self sealing cap, portable outboard marine tank fuel hose, or portable outboard marine tank primer bulb, the Executive Officer shall specify the test procedures for determining conformance to the conditions established. The test procedures may include criteria for reproducibility, accuracy, and laboratory procedures.(g) For any portable outboard marine tank, portable outboard marine tank self sealing cap, portable outboard marine tank fuel hose, or portable outboard marine tank primer bulb for which an innovative product exemption has been granted pursuant to this section, the manufacturer shall notify the Executive Officer in writing at least 30 days before the manufacturer changes a product's design, delivery system, or other factors that may affect the product's ROG emissions during recommended usage. The manufacturer must also notify the Executive Officer within 30 days after the manufacturer learns of any information that would alter the emissions estimates submitted to the Executive Officer in support of the exemption application.(h) If the Performance Standards specified in Section 2468.1 or 2468.2 are amended for a product category, all innovative product exemptions granted for products in the product category, except as provided in this subsection (h), have no force and effect as of the effective date of the amended Performance Standards. This subsection (h) shall not apply to those innovative products which have ROG emissions less than the appropriate lowered ROG standard and for which a written notification of the product's emissions status versus the lowered ROG standard has been submitted to and approved by the Executive Officer at least 60 days before the effective date of such standard.(i) If the Executive Officer believes that a portable outboard marine tank, cap, fuel hose, or primer bulb for which an exemption has been granted no longer meets the criteria for an innovative product specified in subsection (a), the Executive Officer may hold a public hearing in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1.25, to determine if the exemption should be modified or revoked.Cal. Code Regs. Tit. 13, § 2468.5
1. New section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38). Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).
1. New section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).