California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 6 - Portable Fuel Containers and Spouts › Section 2467.4 - Innovative Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Executive Officer may exempt a portable fuel container system from one or more
				  of the requirements of section
				  2467.2 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 TOG emissions below the highest emitting representative portable
				  fuel container system in its product category as determined from applicable
				  testing.
(b) For the purposes of
				  this section, "representative portable fuel container system" means a portable
				  fuel container, spout, and components, which, at the time of application in (c)
				  of this section, meets the certification requirements specified in "CP-501,
				  Certification Procedure for Portable Fuel Container Systems," adopted July 26,
				  2006, and amended December 9, 2016, which is incorporated by reference
				  herein.
(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 methods 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 Cal. Code Regs, title 17, 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 Cal. Code Regs, title 17, section
				  60030(a).
(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
				  2467.2 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 fuel container system, the Executive Officer shall
				  specify the test methods for determining conformance to the conditions
				  established. The test methods may include criteria for reproducibility,
				  accuracy, and sampling and laboratory procedures.
(g) For any portable fuel container system
				  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 TOG 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
				  requirements specified in Section
				  2467.2 are amended for a product
				  category, all innovative product exemptions granted for products in the product
				  category, except as provided in this subsection (i), have no force and effect
				  as of the effective date of the amended requirements.
(i) If the Executive Officer believes that a
				  portable fuel container system 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, Cal. Code Regs., division 3, chapter 1,
				  subchapter 1.25, to determine if the exemption should be modified or
				  revoked.
1. New
					 section filed 9-11-2000; operative 10-11-2000 (Register 2000, No.
					 37).
2. Change without regulatory effect renumbering newly adopted
					 section 2474 to new section
					 2467.4 and amending subsections
					 (a), (b), (e) and (h) filed 9-14-2000 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2000, No. 37).
3. Amendment of subsections (b)
					 and (i) filed 9-11-2006; operative 10-11-2006 (Register 2006, No.
					 37).
4. Amendment filed 2-2-2017; operative 4-1-2017 (Register 2017,
					 No. 5).
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).