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 2468.5 - Innovative Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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).