California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 15 - Additional off-Road Vehicles and Engines Pollution Control Requirements › Article 1 - Evaporative Emission Requirements for off-Road Equipment › Section 2767 - Innovative Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Executive Officer may make a determination that tank vent emission control
				  achieved by an innovative technology may be approved per section
				  2767.1
				  if an evaluation of the innovative technology reveals that the technology can
				  enable evaporative emission control systems to meet the evaporative emission
				  requirements in section
				  2754
				  or
				  2757.
(b) The Executive Officer may make a
				  determination to exempt engines and equipment from section
				  2756(b)
				  of this Article if an evaluation of the innovative technology reveals that the
				  technology can enable engines or equipment to meet the diurnal or hot soak plus
				  diurnal emission standards in section
				  2754.
(c) A manufacturer must apply in writing to
				  the Executive Officer for an innovative product equivalency claimed under
				  subsection (a) or (b). The application must include the supporting
				  documentation that quantifies the emissions from at least 5 engines or
				  equipment units with complete evaporative emission control systems using the
				  innovative product, including the test methods used to generate the data. The
				  test methods shall include criteria for reproducibility, accuracy, and sampling
				  and laboratory procedures. In addition, the applicant must provide any
				  information to enable the Executive Officer to establish conditions for making
				  a determination of "equivalency". 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
				  application, the Executive Officer shall determine whether an application is
				  complete.
(e) Within 90 days after
				  an application has been deemed complete, the Executive Officer will determine
				  whether, under what conditions, and to what extent, a determination of
				  "equivalency" 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 engines or equipment using the innovative product will meet the
				  evaporative emission standards in section
				  2754
				  or
				  2757.
(f) If the evaporative emission standards or
				  test procedures are amended for a product category, all innovative
				  "equivalency" determinations granted for products in the product category,
				  except as provided in subsection (g), have no force and effect as of the
				  effective date of the amended evaporative emission standards or test
				  procedures.
(g) If the Executive
				  Officer believes that a product for which an "equivalency" determination has
				  been granted no longer meets the criteria for an innovative product specified
				  in subsections (a) or (b), the Executive Officer may hold a public hearing in
				  accordance with the procedures specified in title 17, California Code of
				  Regulations, Article 1, Subchapter 1.25, Chapter 1, Division 3, to determine if
				  the "equivalency" determination should be modified or revoked.
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 subsection (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.