reglab/statecodes huggingface dataset:
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 5 - Portable Engine and Equipment Registration › Section 2461.1 - Fee Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Fees for Statewide Registration Program
(Fees are per registered unit except where noted
					 otherwise)
1
Initial Registration with placard
$400.00
2
TSE, initial registration
A
Registration of first 25 units (or portion
							 thereof)
$1,090.00
B
Registration of every additional 50 units (or portion
							 thereof)
$1,090.00
3
Identical replacement
$110.00
4
Renewal, non-TSE
$330.00
5
Penalty fee for late renewal payments,
							 non-TSE
A
Postmarked within 2 calendar months prior to
							 registration expiration date
$65.00
B
Postmarked within the calendar month prior to
							 registration expiration date
$130.00
C
Postmarked after the registration expiration date
$365.00
6
Annual TSE inventory fee
A
first 25 units (or portion thereof)
$545.00
B
every additional 50 units (or portion thereof)
$545.00
7
Modification to registered portable engine or equipment
							 unit
$110.00
8
Change of ownership
$110.00
9
Replacement of registration identification device
$45.00
10
Replacement of registration placard
$50.00
11
Correction to an engine or equipment unit
							 description
$65.00
12
Update company information, copy of registration
							 documents
$65.00
13
Copy of registration documents
$65.00
14
Total district inspection fee per registered portable
							 engine, paid once every 3 years
$405.00
A
General district inspection fee
$35.00
B
Home district inspection fee
$70.00
15
District off-hour service fee per hour
$60.00
16
District inspection fees for equipment units:
A
General district inspection fee, paid once every 3
							 years
$90.00
B
District inspection fee per equipment unit, per
							 hour
$115.00
(not to exceed $590.00)
17
TSE inspection fees:
A
General district inspection fee per TSE unit, paid
							 annually
$10.00
B
District inspection fee per TSE unit per
							 inspection
$90.00
1.
					 Redesignation and amendment of former section
					 2461 -- Table 2 as new section
					 2641.1 filed 9-24-2018; operative
					 11-30-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 39).
2. Change without regulatory effect
					 amending section filed 2-25-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 9).
Note: Authority cited: Sections
						39600,
						39601,
						41752,
						41753,
						41754,
						41755,
						43013(b)
						and
						43018,
						Health and Safety Code. Reference: Sections
						41750,
						41751,
						41752,
						41753,
						41754
						and
						41755,
						Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 5 - Portable Engine and Equipment Registration › Section 2462 - Duration of Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except for registrations that will expire on December 31, 2029 pursuant to
				  section 2456(k) and
				  except for registrations that expire pursuant to title 17, Cal. Code Regs.,
				  section 93116.3(c)(1),
				  registrations and renewals will be valid for three years from date of issuance.
				  For change of ownership, the registration shall retain the original expiration
				  date, except where the registration has expired.
(b) The Executive Officer shall mail to the
				  owner of a registered engine or equipment unit a renewal invoice at least 60
				  days prior to the registration expiration. Failure to send or receive a renewal
				  invoice does not relieve the responsible official from paying all applicable
				  fees when due.
1. New
					 section filed 9-17-97; operative 9-17-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 38).
2. Amendment of subsection (a) filed 12-1-99;
					 operative 12-1-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 49).
3. Amendment of section and NOTE filed
					 8-2-2005; operative 9-1-2005 (Register 2005, No. 31).
4. Amendment
					 filed 4-26-2007; operative 4-27-2007 pursuant to Government Code section
					 11343.4
					 (Register 2007, No. 17).
5. Amendment of subsection (a) filed
					 4-26-2007 as an emergency; operative 4-27-2007 (Register 2007, No. 17). A
					 Certificate of Compliance must be transmitted to OAL by 10-23-2007 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Certificate of Compliance as to 4-26-2007 order, including
					 further amendment of subsection (a), transmitted to OAL 7-31-2007 and filed
					 9-12-2007 (Register 2007, No. 37).
7. Amendment of subsection (a)
					 filed 12-3-2009; operative 1-2-2010 (Register 2009, No. 49).
8.
					 Amendment of subsection (a) filed 10-19-2010; operative 10-19-2010 pursuant to
					 Government Code section
					 11343.4
					 (Register 2010, No. 43).
9. Amendment of subsection (a) filed
					 9-24-2018; operative 11-30-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 39).
Note: Authority cited: Sections
						39600,
						39601,
						41752,
						41753,
						41754,
						41755,
						43013(b)
						and
						43018,
						Health and Safety Code. Reference: Sections
						41750,
						41751,
						41752,
						41753,
						41754
						and
						41755,
						Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 5 - Portable Engine and Equipment Registration › Section 2463 - Suspension or Revocation of Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer for just cause may
				  suspend or revoke registration in any of the following circumstances:
(1) the holder of registration has violated
				  one or more terms and conditions of registration or has refused to comply with
				  any of the requirements of this article;
(2) the holder of registration has materially
				  misrepresented the meaning, findings, effect or any other material aspect of
				  the registration application, including submitting false or incomplete
				  information in its application for registration regardless of the holder's
				  personal knowledge of the falsity or incompleteness of the
				  information;
(3) the test data
				  submitted by the holder of registration to show compliance with this regulation
				  have been found to be inaccurate or invalid;
(4) enforcement officers of the ARB or the
				  districts, after presentation of proper credentials, have been denied access,
				  during normal business hours or hours of operation, to any facility or location
				  where registered engines and equipment units are operated or stored and are
				  prevented from inspecting such engines or equipment units as provided for in
				  this article (the duty to provide access applies whether or not the holder of
				  registration owns or controls the facility or location in question);
(5) enforcement officers of the ARB or the
				  districts, after presentation of proper credentials, have been denied access to
				  any records required by this regulation for the purpose of inspection and
				  duplication;
(6) the registered
				  engine or equipment unit has failed in-use to comply with the findings set
				  forth in the registration. For the purposes of this section, noncompliance with
				  the registration may include, but is not limited to:
(A) a repeated failure to perform to the
				  standards set forth in this article; or
(B) modification of the engine or equipment
				  unit that results in an increase in emissions or changes the efficiency or
				  operating conditions of such engine or equipment unit, without prior notice to
				  and approval by the Executive Officer; or
(7) the holder of registration has failed to
				  take requested corrective action as set forth in a Notice of Violation or
				  Notice to Comply within the time period set forth in such notice.
(8) the holder of the registration has failed
				  to pay fees assessed by either the Executive Officer or district within 120
				  after the specified due date and there is no pending
				  appeal.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 5 - Portable Engine and Equipment Registration › Section 2464 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Hearing
				  Procedures.
(1) Any applicant for
				  registration whose application has been denied or a holder of registration
				  whose registration has been suspended, or revoked may request a hearing to
				  review the action taken by sending a request in writing to the Executive
				  Officer. A request for hearing shall include, at a minimum, the following:
(A) name of applicant or holder of
				  registration;
(B) registration
				  number;
(C) copy of the Executive
				  Order revoking or suspending registration or the written notification of
				  denial;
(D) a concise statement of
				  the issues to be raised, with supporting facts, setting forth the basis for
				  challenging the denial, suspension, or revocation (mere conclusory allegations
				  will not suffice);
(E) a brief
				  summary of evidence in support of the statement of facts required in (D) above;
				  and
(F) the signature of an
				  authorized person requesting the hearing.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 5 - Portable Engine and Equipment Registration › Section 2465 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Violation of the provisions of this article result in
					 civil, and/or criminal penalties pursuant to the California Health and Safety
					 Code. Each day during any portion of which a violation occurs is a separate
					 violation.
1. New
					 section filed 9-17-97; operative 9-17-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 38).
2. Amendment filed 12-1-99; operative 12-1-99
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 49).
3. Amendment of section and NOTE filed
					 8-2-2005; operative 9-1-2005 (Register 2005, No. 31).
4. Amendment
					 filed 4-26-2007; operative 4-27-2007 pursuant to Government Code section
					 11343.4
					 (Register 2007, No. 17).
Note: Authority cited: Sections
						39600,
						39601,
						41752,
						41753,
						41754,
						41755,
						43013(b)
						and
						43018,
						Health and Safety Code. Reference: Sections
						41750,
						41751,
						41752,
						41753,
						41754
						and
						41755,
						Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 5 - Portable Engine and Equipment Registration › Section 2466 - Sunset Review. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-1-99; operative 12-1-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 49).
2. Repealer filed 8-2-2005; operative
					 9-1-2005 (Register 2005, No. 31).
Note: Authority cited: Sections
						39600-
						39601,
						41752-
						41755,
						43013(b)
						and
						43018,
						Health and Safety Code. Reference: Sections
						39600,
						39601
						and
						41750,
						Health and Safety Code.
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 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  provided in section
				  2467.3, this article applies to
				  any person who sells, supplies, offers for sale, advertises or manufactures for
				  sale in California portable fuel container systems or their components for use
				  in California.
(b) Except as
				  provided by section
				  2467.3, no person shall sell,
				  supply, offer for sale, advertise, or manufacture for sale in California a
				  portable fuel container system or its components on or after July 1, 2007,
				  unless said portable fuel container system or its components are covered by an
				  Executive Order issued pursuant to this article.
1. New
					 article 6 (sections
					 2470-2478) and section filed
					 9-11-2000; operative 10-11-2000 (Register 2000, No. 37).
2. Change
					 without regulatory effect renumbering newly adopted section
					 2470 to new section
					 2467 and amending subsection (a)
					 filed 9-14-2000 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2000, No. 37).
3. Amendment filed 1-13-2006;
					 operative 2-12-2006 (Register 2006, No. 2).
4. New subsection (b)
					 filed 9-11-2006; operative 10-11-2006 (Register 2006, No. 37).
5.
					 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).
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 2467.3 - Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This Article
				  does not apply to any portable fuel container system or its components
				  manufactured in California for shipment, sale, and use outside of
				  California.
(b) This Article does
				  not apply to a manufacturer or distributor who sells, supplies, or offers for
				  sale in California a portable fuel container system or its components that do
				  not comply with the certification requirements specified in sections
				  2467.2(b) and
				  (c), as long as the manufacturer or
				  distributor can demonstrate that:
(1) the
				  portable fuel container system or its components are intended for shipment and
				  use outside of California; and
(2)
				  the manufacturer or distributor has taken reasonable prudent precautions to
				  assure that the portable fuel container system or its components are not
				  distributed to California.
This subsection (b) does not apply to portable fuel
					 container systems or their components that are sold, supplied, or offered for
					 sale by any person to retail outlets in California.
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 2467.5 - Administrative Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each manufacturer of a portable fuel container subject to and complying with
				  section 2467.2(a) must
				  clearly display and permanently emboss on each portable fuel container:
(1) the month and year of manufacture;
				  and
(2) the Executive Order Number
				  issued by the Air Resources Board for the portable fuel container
				  system.
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 2467.6 - Variances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person or
				  manufacturer who cannot comply with the requirements set forth in section
				  2467.2, due to extraordinary
				  reasons beyond the person's reasonable control, may apply in writing to the
				  Executive Officer for a variance. The variance application must set forth:
(1) the specific grounds upon which the
				  variance is sought;
(2) the
				  proposed date by which compliance with the provisions of section
				  2467.2 will be achieved;
				  and
(3) a compliance report
				  reasonably detailing the method by which compliance will be
				  achieved.
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 2467.8 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				  Executive Officer finds any manufacturer, distributor, or retailer
				  manufacturing for sale, advertising for sale, selling, or offering for sale in
				  the State of California a portable fuel container system or its components that
				  do not comply with the requirements set forth in this article, he or she may
				  enjoin said manufacturer, distributor, or retailer from any further
				  manufacture, advertisement, sales, offers for sale, or distribution of such
				  noncompliant portable fuel container systems or their components in the State
				  of California pursuant to section
				  43017
				  of the Health and Safety Code. The Executive Officer may also assess penalties
				  to the extent permissible under Part 5, Division 26 of the Health and Safety
				  Code and/or revoke any Executive Order issued for the noncompliant portable
				  fuel container system or its components.
(b) Before seeking remedial action against
				  any manufacturer, distributor, or retailer the Executive Officer will consider
				  any information provided by the manufacturer, distributor, or
				  retailer.
1. New
					 section filed 9-11-2000; operative 10-11-2000 (Register 2000, No.
					 37).
2. Change without regulatory effect renumbering newly adopted
					 section 2478 to new section
					 2467.8 filed 9-14-2000 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2000, No. 37).
3. Repealer and new section
					 heading and section filed 9-11-2006; operative 10-11-2006 (Register 2006, No.
					 37).
4. Renumbering of former section
					 2467.8 to section
					 2467.7 and renumbering and
					 amendment of former section
					 2467.9 to section
					 2467.8 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).
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 2467.9 - Records and Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  manufacturer shall establish, maintain, and retain the following adequately
				  organized and indexed records for each product family:
(1) ARB Executive Order,
(2) Projected sales volume for the year,
				  and
(3) Records appropriate to
				  establish the quantities of portable fuel container systems that constitute
				  eligible sales for each product family.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 6.5 - Portable Outboard Marine Tanks and Components › Section 2468 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as provided in Section
					 2468.4, this article applies to
					 any person who sells, supplies, offers for sale, advertises or manufactures for
					 sale and use in California any of the following individually or all of the
					 following as a complete system or any combination of the components: a portable
					 outboard marine tank; a portable outboard marine tank cap; a portable outboard
					 marine tank fuel hose; or a portable outboard marine tank primer
					 bulb.
1. New
					 article 6.5 (sections
					 2468-2468.10) and 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).
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 6.5 - Portable Outboard Marine Tanks and Components › Section 2468.1 - Certification and Compliance Performance Standards and Test Procedures for Portable Outboard Marine Tanks and Portable Outboard Marine Tank Self Sealing Caps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every
				  portable outboard marine tank produced on or after January 1, 2011, and every
				  portable outboard marine tank self-sealing cap produced on or after January 1,
				  2010, that is manufactured for sale, advertised for sale, sold, or offered for
				  sale in California, or that is introduced, delivered or imported into
				  California for introduction into commerce must be certified under the
				  procedures in this Section
				  2468.1.
(b) The criteria for obtaining certification,
				  including all test procedures for determining certification and compliance with
				  the standards applicable to portable outboard marine tank self-sealing caps or
				  portable outboard marine tanks are set forth in "CP-510, Certification
				  Procedure for Portable Outboard Marine Tanks and Components", adopted July 20,
				  2009, as incorporated by reference herein.
(c) Compliance with the Performance Standards
				  in this Section does not exempt portable outboard marine tanks or portable
				  outboard marine tank self-sealing caps from compliance with other applicable
				  federal and state statutes and regulations such as state fire codes, safety
				  codes, and other safety regulations, nor will the Air Resources Board test for
				  or determine compliance with such other statutes or regulations.
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).
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 6.5 - Portable Outboard Marine Tanks and Components › Section 2468.2 - Certification and Compliance Performance Standards and Test Procedures for Portable Outboard Marine Tank Fuel Hoses and Portable Outboard Marine Tank Primer Bulbs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every
				  portable outboard marine tank fuel hose produced on or after January 1, 2010,
				  and every portable outboard marine tank primer bulb produced on or after
				  January 1, 2011 that is manufactured for sale, advertised for sale, sold, or
				  offered for sale in California, or that is introduced, delivered or imported
				  into California for introduction into commerce must be certified under the
				  procedures in this Section
				  2468.2.
(b) The criteria for obtaining certification,
				  including all test procedures for determining certification and compliance with
				  the standards applicable to portable outboard marine tank fuel hoses and
				  portable outboard marine tank primer bulbs are set forth in "CP-510,
				  Certification Procedure for Portable Outboard Marine Tanks and Components",
				  adopted July 20, 2009, as incorporated by reference herein.
(c) Compliance with the Performance Standards
				  in this Section does not exempt portable marine tank fuel hoses or portable
				  outboard marine tank primer bulbs from compliance with other applicable federal
				  and state statutes and regulations such as state fire codes, safety codes, and
				  other safety regulations, nor will the Air Resources Board test for or
				  determine compliance with such other statutes or regulations.
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).
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 6.5 - Portable Outboard Marine Tanks and Components › Section 2468.3 - Prohibitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  provided in Sections
				  2468.4 or
				  2468.5, no person may manufacture
				  for sale, advertise for sale, sell, or offer for sale in California, or
				  introduce, deliver, or import into California 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 that is subject to any
				  of the standards in Section
				  2468.1 or Section
				  2468.2 and is either
(1) not certified under Section
				  2468.1 or Section
				  2468.2, as applicable;
				  or
(2) certified under Section
				  2468.1 or Section
				  2468.2, as applicable but is not
				  in compliance as determined through the applicable Performance Standard Test
				  Procedures in Section
				  2468.8
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 6.5 - Portable Outboard Marine Tanks and Components › Section 2468.4 - Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article
				  does not apply to 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 manufactured and delivered to a California
				  retail outlet prior to the dates governing the performance standards listed in
				  "CP-510, Certification Procedure for Portable Outboard Marine Tanks and
				  Components, adopted July 20, 2009."
(b) This article does not apply to a
				  manufacturer or distributor who sells, supplies, or offers for sale in
				  California 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 that does not comply with the Performance Standards
				  specified in Sections
				  2468.1 (a) or
				  2468.2 (a) as
				  long as the manufacturer or distributor can demonstrate that:
(1) the portable outboard marine tank,
				  portable outboard marine tank self sealing cap, portable outboard marine tank
				  fuel hose, or portable outboard marine tank primer bulb is intended for
				  shipment and use outside of California; and
(2) that the manufacturer or distributor has
				  taken reasonable prudent precautions to assure that the portable outboard
				  marine tank, portable outboard marine tank self sealing cap, portable outboard
				  marine tank fuel hose, or portable outboard marine tank primer bulb is not
				  distributed to or within California. The exemption in this subsection (b) does
				  not apply to portable outboard marine tanks, portable outboard marine tank self
				  sealing caps, portable outboard marine tank fuel hose, or portable outboard
				  marine tank primer bulbs that are sold, supplied, or offered for sale by any
				  person to retail outlets in California.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 6.5 - Portable Outboard Marine Tanks and Components › Section 2468.6 - Administrative Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each manufacturer of a portable outboard marine tank fuel hose produced on or
				  after January 1, 2010 or portable outboard marine tank self sealing cap
				  produced on or after January 1, 2010, or portable outboard marine tank or
				  portable outboard marine tank primer bulb produced on or after January 1, 2011
				  subject to and complying with Section
				  2468.1 or
				  2468.2 must clearly display on
				  each portable outboard marine tank, portable outboard marine tank self sealing
				  cap, portable outboard marine tank fuel hose, or portable outboard marine tank
				  primer bulb:
(1) a date of manufacture or
				  representative date;
(2) a
				  representative code identifying the Executive Order Number issued by the Air
				  Resources Board for the portable outboard marine tank, portable outboard marine
				  tank self sealing cap, portable outboard marine tank fuel hose, or portable
				  outboard marine tank primer bulb.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 6.5 - Portable Outboard Marine Tanks and Components › Section 2468.7 - Variances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person or
				  manufacturer who cannot comply with the requirements set forth in Section
				  2468.1 or Section
				  2468.2 due to extraordinary
				  reasons beyond the person's reasonable control, may apply in writing to the
				  Executive Officer for a variance. The variance application must set forth:
(1) the specific grounds upon which the
				  variance is sought;
(2) the
				  proposed date(s) by which compliance with the provisions of Section
				  2468.1 or Section
				  2468.2 will be achieved;
				  and
(3) a compliance report
				  reasonably detailing the method(s) by which compliance will be
				  achieved.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 6.5 - Portable Outboard Marine Tanks and Components › Section 2468.8 - Performance Standard Test Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Testing to determine compliance with
				  Section 2468.1(a) of this
				  article shall be performed by using the following procedures:
(1) "CP-510, Certification Procedure for
				  Portable Outboard Marine Tanks and Components," adopted July 20, 2009, which is
				  incorporated by reference herein.
(2) "Test Procedure 511, Diurnal Rate from
				  Portable Outboard Marine Tanks", adopted July 20, 2009, which is incorporated
				  by reference herein.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 6.5 - Portable Outboard Marine Tanks and Components › Section 2468.9 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				  Executive Officer finds any manufacturer, distributor, or retailer
				  manufacturing for sale, advertising for sale, selling, or offering for sale in
				  the State of California 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 that does not comply with the
				  requirements set forth in this article, he or she may enjoin said manufacturer,
				  distributor, or retailer from any further manufacture, advertisement, sales,
				  offers for sale, or distribution of such noncompliant 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 the State of
				  California pursuant to Section
				  43017
				  of the Health and Safety Code. The Executive Officer may also assess penalties
				  to the extent permissible under Part 5, Division 26 of the Health and Safety
				  Code and revoke any Executive Order(s) issued for the non-compliant portable
				  outboard marine tank, cap, fuel hose, or primer bulb.
(b) Before seeking remedial action against
				  any manufacturer, distributor, or retailer the Executive Officer will consider
				  any information provided by the manufacturer, distributor, or
				  retailer.
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).
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 7 - Certification Procedures for Aftermarket Parts for off-Road Vehicles, Engines, Equipment › Section 2470 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article shall apply to all aftermarket parts which are
					 sold, offered for sale, or advertised for sale for use on off-road vehicles,
					 engines, or equipment which are subject to California or federal emission
					 standards.
1. New
					 article 7 (sections
					 2470-2476) and section filed
					 8-29-2000; operative 9-28-2000 (Register 2000, No.
					 35).
Note: Authority cited: Sections
						39600,
						39601,
						43013
						and
						43018,
						Health and Safety Code; and Sections
						27156,
						38390,
						38391 and
						38395,
						Vehicle Code. Reference: Sections
						39002,
						39003,
						43000,
						43000.5,
						43013
						and
						43018,
						Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 7 - Certification Procedures for Aftermarket Parts for off-Road Vehicles, Engines, Equipment › Section 2472 - Air Pollution Control and Modification Devices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No person shall install, sell, offer for
				  sale, or advertise any device, apparatus, or mechanism intended for use with,
				  or as a part of, any required off-road vehicle, engine, or equipment pollution
				  control device or system which alters or modifies the original design or
				  performance of any such pollution control device or system.
(b) No person shall operate or maintain in a
				  condition of readiness for operation any off-road vehicle, engine, or equipment
				  which is required to be equipped with a pollution control device under Part 5
				  (commencing with Section
				  43000) of Division 26 of the
				  Health and Safety Code or with any other certified off-road vehicle, engine, or
				  equipment pollution control device required by any other state law or any rule
				  or regulation adopted pursuant to such law, or required to be equipped with an
				  off-road vehicle, engine, or equipment pollution control device pursuant to the
				  Clean Air Act (42 U.S.C.
				  1857 et seq.) and the standards and
				  regulations promulgated thereunder, unless it is equipped with the required
				  off-road vehicle, engine, or equipment pollution control device which is
				  correctly installed and in operating condition. No person shall disconnect,
				  modify, or alter any such required device.
(c) This section shall not apply to an
				  alteration, modification, or modifying device, apparatus, or mechanism found by
				  resolution of the State Air Resources Board to do either of the following:
(1) Not to reduce the effectiveness of any
				  required off-road vehicle, engine, or equipment pollution control
				  device.
(2) To result in emissions
				  from any such modified or altered off-road vehicle, engine, or equipment which
				  are at levels which comply with existing state or federal standards for that
				  model-year of the vehicle, engine or equipment being modified or
				  converted.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 7 - Certification Procedures for Aftermarket Parts for off-Road Vehicles, Engines, Equipment › Section 2473 - Replacement Parts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  replacement part subject to the provisions of this article shall be presumed to
				  be in compliance with this article unless the executive officer makes a finding
				  to the contrary pursuant to Section
				  2475(a).
(b) The manufacturer of any replacement part
				  subject to the provisions of this article shall maintain sufficient records,
				  such as performance specifications, test data, or other information, to
				  substantiate that such a replacement part is in compliance with this article.
				  Such records shall be open for reasonable inspection by the executive officer
				  or his/her representative. All such records shall be maintained for four years
				  from the year of manufacture of the replacement part. The manufacturer may
				  determine the format for maintaining such records (including, but not limited
				  to, electronic or computer readable files, backup tapes, or magnetic media),
				  provided the format allows the records to be readily retrieved and displayed to
				  the executive officer.
1. New
					 section filed 8-29-2000; operative 9-28-2000 (Register 2000, No.
					 35).
Note: Authority cited: Sections
						39600,
						39601,
						43013
						and
						43018,
						Health and Safety Code. Reference: Sections
						39002,
						39003,
						39500,
						43000,
						43000.5,
						43013,
						43017
						and
						43018,
						Health and Safety Code; and Sections
						27156,
						38391 and
						38395,
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 7 - Certification Procedures for Aftermarket Parts for off-Road Vehicles, Engines, Equipment › Section 2474 - Add-on Parts and Modified Parts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				  used in this section, the terms "advertise" and "advertisement" include, but
				  are not limited to, any notice, announcement, information, publication,
				  catalog, listing for sale, or other statement concerning a product or service
				  communicated to the public for the purpose of furthering the sale of the
				  product or service.
(b)
(1) Except for publishers as provided in
				  subsection
				  3, no person or company doing
				  business solely in California or advertising only in California shall advertise
				  any device, apparatus, or mechanism which alters or modifies the original
				  design or performance of any required off-road vehicle, engine, or equipment
				  pollution control device or system unless such part, apparatus, or mechanism
				  has been exempted from Vehicle Code (VC) Sections
				  27156,
				  38391 or California Code of
				  Regulations (CCR), Title 13, Section
				  2472, and the limitations of the
				  exemption, if any, are contained within the advertisement in type size to give
				  reasonable notice of such limitations.
(2) Except for publishers as provided in
				  subsection
				  3, no person or company doing
				  business in interstate commerce shall advertise in California any device,
				  apparatus, or mechanism which alters or modifies the original design or
				  performance of any required off-road vehicle, engine, or equipment pollution
				  control device or system and is not exempted from VC Sections
				  27156,
				  38391 or CCR, Title 13, Section
				  2472, unless each advertisement
				  contains a legally adequate disclaimer in type size adequate to give reasonable
				  notice of any limitation on the sale or use of the device, apparatus, or
				  mechanism.
(3) No publisher, after
				  receipt of notice from the state board or after otherwise being placed on
				  notice that the advertised part is subject to and has not been exempted from
				  the provisions of VC Sections
				  27156,
				  38391 or CCR, Title 13, Section
				  2472, shall make or disseminate or
				  cause to be made or disseminated before the public in this state any
				  advertisement for add-on or modified parts subject to the provisions of this
				  article, which have not been exempted from VC Sections
				  27156,
				  38391 or CCR, Title 13, Section
				  2472, unless such advertisement
				  clearly and accurately states the legal conditions, if any, on sale and use of
				  the parts in California.
(4) The
				  staff of the state board shall provide, upon request, model language which
				  satisfies these requirements.
California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 7 - Certification Procedures for Aftermarket Parts for off-Road Vehicles, Engines, Equipment › Section 2475 - Surveillance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Replacement
				  parts. The executive officer may order, for cause, the manufacturer of any
				  replacement part subject to the provisions of this article to submit any
				  records relating to such part which are maintained pursuant to section
				  2473(b) above.
				  The executive officer may order, for cause, the manufacturer of any replacement
				  part subject to the provisions of this article to submit a reasonable number of
				  parts typical of the manufacturer's production for testing and evaluation. If,
				  after a review of all records submitted by the manufacturer and of the results
				  of any tests conducted by the state board's staff, the executive officer finds
				  that such part is not in fact a replacement part, the executive officer may
				  invoke section
				  2476. Replacement parts evaluated
				  pursuant to this section shall be compared with the specifications contained in
				  the applicable off-road vehicle, engine or equipment manufacturer's application
				  for certification.
(b) Add-on parts
				  and modified parts. The executive officer may order, for cause, the
				  manufacturer of any add-on part or modified part subject to the provisions of
				  this article to submit a reasonable number of parts typical of the
				  manufacturer's production for testing and evaluation. In-use performance will
				  also be evaluated. If, after a review of the results of any tests or
				  evaluations conducted by the state board's staff and of any information
				  submitted by the manufacturer, the executive officer finds that an add-on part
				  or a modified part does not conform to the "Procedures for Exemption of Add-On
				  and Modified Parts for Off-Road Categories," adopted October 1, 1999, which is
				  hereby incorporated by reference herein, the executive officer may invoke
				  Section 2476.
1. New
					 section filed 8-29-2000; operative 9-28-2000 (Register 2000, No.
					 35).
Note: Authority cited: Sections
						39600,
						39601,
						43013
						and
						43018,
						Health and Safety Code. Reference: Sections
						39002,
						39003,
						43000,
						43000.5,
						43013,
						43017
						and
						43018,
						Health and Safety Code; and Sections
						27156,
						38391 and
						38395,
						Vehicle Code.