California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 14 - Verification Procedure, Warranty and in-Use Compliance Requirements for in-Use Strategies to Control Emissions from Diesel Engines › Section 2702 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Overview.
				Before submitting a final application for the verification of a diesel emission
				control strategy for use with an emission control group, the applicant must
				submit a preliminary verification application (pursuant to section
				2702(b)) in the
				format shown in 2702(d). If the Executive Officer determines that an
				application includes more than one emission control group, the applicant must
				propose a test plan that includes test engines and testing conditions that are
				representative of the least favorable conditions within the requested emission
				control groups for the diesel emission control strategy to demonstrate
				compliance with the requirements of the Procedure. To obtain verification, the
				applicant must conduct emission reduction testing (pursuant to section
				2703), durability testing
				(pursuant to section
				2704), a field demonstration
				(pursuant to section
				2705), and submit the results
				along with comments and other information (pursuant to sections
				2706 and
				2707) in a final verification
				application to the Executive Officer, in the format shown in section
				2702(d). If the
				Executive Officer grants verification of a diesel emission control strategy, it
				will issue an Executive Order to the applicant identifying the verified
				emission reduction and any conditions that must be met for the diesel emission
				control strategy to function properly. After the Executive Officer grants
				verification of a diesel emission control strategy, the applicant must provide
				a warranty, conduct in-use compliance testing of the strategy after having sold
				or leased a specified number of units, and report the results to the Executive
				Officer (pursuant to section
				2709). A diesel emission control
				strategy that employs two or more individual systems or components must be
				tested and submitted for evaluation as one system. A verified diesel emission
				control strategy may not be installed on an engine with another diesel emission
				control strategy that is not included in the Executive Order. Applicants
				seeking verification of an alternative diesel fuel must follow the procedure
				described in section
				2710.
(b) Preliminary Verification Application.
				Before formally submitting a final application for the verification of a diesel
				emission control strategy, the applicant must submit a preliminary verification
				application. The Executive Officer reserves the right to require that an
				applicant's preliminary application be submitted with a fully-functional sample
				of the market-ready diesel emission control strategy that is identical in all
				material respects to the product that will be sold upon receiving verification.
				If such a request is made by the Executive Officer, the applicant must submit
				the market-ready diesel emission control strategy within 30 calendar days or
				the preliminary application will be terminated. The Executive Officer may, for
				good cause, grant an extension of time, not to exceed fifteen days (15). The
				submitted diesel emission control strategy must be identical in all respects to
				any products used to support the verification activity and must come with all
				parts including, but not limited to, the aftertreatment components, sensors,
				electronic control system programmed with all control logic and algorithms, and
				the backpressure monitor as well as a complete parts list. Changes during the
				verification process to any part of the diesel emission control strategy
				including, but not limited to, control logic and algorithms, functionality,
				materials, catalyst loadings and formulation, hardware, etc., may require the
				applicant to begin the verification process anew, at the discretion of the
				Executive Officer. For diesel emission control strategies that include multiple
				sizes of the same system or part (e.g., the diesel particulate filter), the
				Executive Officer will specify which size must be submitted. The Executive
				Officer shall return, at the applicant's expense, the market-ready diesel
				emission control strategy after the request for verification is either granted,
				denied, or withdrawn. The Executive Officer shall use the information in the
				preliminary verification application to help determine whether the strategy
				relies on sound principles of science and engineering to control emissions, the
				need for additional analyses, and the appropriateness of allowing alternatives
				to the prescribed requirements. The preliminary verification application must
				follow the format shown in section
				2702(d) and at a
				minimum provide the information required in sections
				1. through 5., and section
				8.A.5. In addition, the
				preliminary verification application must include the following information:
(1) Identification of the contact persons,
				phone numbers, names and addresses of the responsible party submitting the
				preliminary verification application.
(2) Description of the diesel emission
				control strategy's principles of operation. A schematic depicting operation
				must be included. It is the responsibility of the applicant to demonstrate that
				its product relies on sound principles of science and engineering to achieve
				emission reductions.
(A) If, after reviewing
				the preliminary verification application, the Executive Officer determines that
				the applicant has not made a satisfactory demonstration that its product
				(diesel emission control strategy) relies on sound principles of science and
				engineering to achieve emission reductions, the Executive Officer shall notify
				the applicant of the determination in writing within 30 days of receiving the
				preliminary verification application. The applicant may choose to withdraw from
				the verification process or submit additional materials and clarifications. The
				additional submittal must be received by the Executive Officer no later than 60
				days from the date of the notification letter or the application may be
				suspended.
(B) If, after reviewing
				the additional submittal, the Executive Officer determines that the applicant
				has not yet made a satisfactory demonstration that its product relies on sound
				principles of science and engineering to achieve emission reductions, the
				preliminary verification application shall be suspended. If a preliminary
				verification application has been suspended, it may only be reactivated at the
				discretion of the Executive Officer.
(C) If at any time, the Executive Officer has
				reason to doubt the scientific or engineering soundness of a product, the
				Executive Officer shall notify the applicant in writing and may require the
				applicant to submit additional supporting materials and clarifications no later
				than 60 days from the date of the notification letter. If the additional
				submittal is not received by the Executive Officer by the deadline established
				in the notification letter, the preliminary or final application may be
				suspended or the existing verification may be revoked. In deciding whether to
				suspend a preliminary or final application or revoke an existing verification
				the Executive Officer will review submittals as provided in subsection (B)
				above.
(3) Preliminary
				parameters for defining emission control groups that are appropriate for the
				diesel emission control strategy. The Executive Officer will work with the
				applicant to determine appropriate emission control group parameters.
(4) The applicant's proposed test plan for
				meeting the requirements of Sections
				2703-2706. Existing test data may
				be submitted for the Executive Officer's consideration. The preliminary
				verification application must focus on verification of the diesel emission
				control strategy for use with a single emission control group.
(5) A brief statement that the applicant
				acknowledges and agrees to do the following:
(A) Provide a warranty pursuant to the
				requirements of section
				2707.
(B) Submit in-use compliance information
				pursuant to the requirements of section
				2709.
(C) Keep records until the in-use compliance
				requirements are completed that contain information per section
				2702(n)
				including:
1. Updated end user contact
				information.
2. A description of
				the vehicles or equipment on which the applicant's products are
				installed.
3. A description of the
				engines on which the applicant's products are installed.
(D) Provide all maintenance information for
				the diesel emission control strategy to the owner pursuant to Section
				2706
				(h)(2).