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(b) Hearing conducted by written submission.
(1) In lieu of the hearing procedure set forth in (a) above, an applicant may request that the hearing be conducted solely by written submission.
(2) In such case the requestor must submit a written explanation of the basis for the appeal and provide supporting documents within 20 days of making the request. Subsequent to such a submission the following shall transpire:
(A) ARB staff shall submit a written response to the requestors submission and documents in support of the Executive Officer's action no later than 10 days after receipt of requestor's submission;
(B) The registration holder may submit one rebuttal statement which may include supporting information, as attachment(s), but limited to the issues previously raised;
(C) If the registration holder submits a rebuttal, ARB staff may submit one rebuttal statement which may include supporting information, as attachment(s), but limited to the issues previously raised; and
(D) the hearing officer shall be designated in the same manner as set forth in (a)(3) above. The hearing officer shall receive all statements and documents and render a written decision. The hearing officer's decision shall be mailed to the requestor no later than 30 working days after the final deadline for submission of papers.
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.
s 2465. Penalties.
Violation of the provisions of this article result in a nuisance, civil, and/or criminal violations pursuant to the California Health and Safety Code.
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.
s 2466. Sunset Review.
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.
s 2467. Applicability.
(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 containers or spouts or both portable fuel containers and spouts 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 or spout or both portable fuel container and spout on or after July 1, 2007 unless said portable fuel container or spout or both portable fuel container and spout is covered by an Executive Order issued pursuant to this article.
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).
s 2467.1. Definitions.
(a) The definitions in Section 1900(b), Title 13 of the California Code of Regulations apply with the following additions:
(1) "ASTM" means the American Society for Testing and Materials.
(2) "Automatic closure" means a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensing fuel.
(3) "Automatically close" means a closure occurs through the activation of a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensing fuel.
(4) "Consumer" means the first person who in good faith purchases a new portable fuel container or spout or both portable fuel container and spout for purposes other than resale, including but not limited to personal, family, household, or institutional use.
(5) "Distributor" means any person to whom a portable fuel container or spout or both portable fuel container and spout is sold or supplied for the purposes of resale or distribution in commerce. Manufacturers, retailers, and consumers are not distributors.
(6) "Executive Officer" means the Executive Officer of the Air Resources Board, or his or her designee.
(7) "Fuel" means all fuels subject to any provision of Title 13, California Code of Regulations, Chapter 5, Standards for Motor Vehicle Fuels, Sections 2250-2298, except for Sections 2292.5, 2292.6, and 2292.7.
(8) "Kerosene" means any light petroleum distillate that is commonly or commercially known, sold or represented as kerosene, that is used in space heating, cook stoves, and water heaters, and is suitable for use as a light source when burned in wick-fed lamps.
(9) "Manufacturer" means any person who imports, manufactures, assembles, packages, repackages, or re-labels a portable fuel container or spout or both portable fuel container and spout.
(10) "Nominal Capacity" means the volume indicated by the manufacturer that represents the maximum recommended filling level.
(11) "Outboard Engine" means a spark-ignition marine engine that, when properly mounted on a marine water-craft in the position to operate, houses the engine and drive unit external to the hull of the marine water-craft.
(12) "Permeation" means the process by which individual fuel molecules may penetrate the walls and various assembly components of a portable fuel container directly to the outside ambient air.
(13) "Person" has the same meaning as defined in Health and Safety Code Section 39047.
(14) "Portable Fuel Container" means any container or vessel with a nominal capacity of ten gallons or less intended for reuse that is designed, used, sold, advertised or offered for sale for receiving, transporting, storing, and dispensing fuel or kerosene. Portable fuel containers do not include containers or vessels permanently embossed or permanently labeled, as described in 49 Code of Federal Regulations Section 172.407(a), as it existed on September 15, 2005, with language indicating said containers or vessels are solely intended for use with non-fuel or non-kerosene products.
(15) "Product Category" means the applicable category that best describes the product with respect to its nominal capacity, material construction, fuel flow rate, and permeation rate, as applicable, as determined by the Executive Officer.
(16) "Retailer" means any person who owns, leases, operates, controls, or supervises a retail outlet.
(17) "Retail Outlet" means any establishment at which portable fuel containers or spouts or both portable fuel containers and spouts are sold, supplied, or offered for sale.
(18) "ROG" (Reactive Organic Gas) means a reactive chemical gas, composed of hydrocarbons, that may contribute to the formation of smog. ROG is sometimes referred to as Non-Methane Organic Compounds (NMOC's).
(19) "Spill Proof Spout" means any spout that complies with all of the performance standards specified in Section 2467.2(b) or with the certification requirement in Section 2467.2(c) and with the requirements in Section 2467.5.
(20) "Spill-Proof System" means any configuration of portable fuel container and firmly attached spout that complies with all of the performance standards in Section 2467.2(a) or with the certification requirement in Section 2467.2(c) and with the requirements in Section 2467.5.
(21) "Spout" means any device that can be firmly attached to a portable fuel container for conducting pouring through which the contents of a portable fuel container can be dispensed, not including a device that can be used to lengthen the spout to accommodate necessary applications.
(22) "Target Fuel Tank" means any receptacle that receives fuel from a portable fuel container.
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).
s 2467.2. Performance Standards and Test Procedures for Portable Fuel Containers and Spill-Proof Spouts.
(a) Except as provided in Section 2467.3, during the time period beginning 30 days after the date of filing of this subsection with the Secretary of State, and ending June 30, 2007, no person shall sell, supply, offer for sale, or manufacture for sale in California any portable fuel container or any portable fuel container and spout which, at the time of sale or manufacture, does not meet all of the following Performance Standards for Spill-Proof systems:
(1) An automatic shut-off stops the fuel flow before the target fuel tank overflows.
(2) Automatically closes and seals when removed from the target fuel tank and remains completely closed when not dispensing fuel.
(3) Has only one opening for both filling and pouring.
(4) Does not exceed a permeation rate of 0.4 grams per gallon per day.
(5) Warranted for a period of not less than one year against defects in materials and workmanship.
(b) Except as provided in Section 2467.3, during the time period beginning 30 days after the date of filing of this subsection with the Secretary of State, and ending June 30, 2007, no person shall sell, supply, offer for sale, or manufacture for sale in California any spout which, at the time of sale or manufacture, does not meet all of the following Performance Standards for Spill-Proof Spouts:
(1) An automatic shut-off stops the fuel flow before the target fuel tank overflows.
(2) Automatically closes and seals when removed from the target fuel tank and remains completely closed when not dispensing fuel.
(3) Warranted for a period of not less than one year against defects in materials and workmanship.
(c) Except as provided in Section 2467.3, every portable fuel container, spout, or portable fuel container and spout produced on or after July 1, 2007 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 and that is subject to any of the standards prescribed in this article and documents incorporated by reference therein, must be certified for use and sale by the manufacturer through the Air Resources Board and covered by an Executive Order issued pursuant to Section 2467.2(d).
(d) The criteria for obtaining certification, including all test procedures for determining certification and compliance with the standards applicable to portable fuel containers, spouts, or portable fuel containers and spouts produced on or after July 1, 2007 that are manufactured for sale, advertised for sale, sold, or offered for sale in California, or that are introduced, delivered or imported into California for introduction into commerce and that are subject to any of the standards prescribed in this article and documents incorporated by reference therein are set forth in "CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts," adopted July 26, 2006, which is incorporated by reference herein.
(e) The Executive Officer shall coordinate compliance procedures with these Performance and Certification and Compliance Standards with:
(1) California State Fire Marshal (SFM)
(2) California Department of Industrial Relations, Division of Occupational Safety and Health (DOSH)
(f) Compliance with the Performance Certification or Compliance Standards in this Section does not exempt spill-proof systems or spill-proof spouts 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.
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).
s 2467.3. Exemptions.
(a) This Article does not apply to any portable fuel container or spout or both portable fuel container and spout 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 or spout or both portable fuel container and spout that does not comply with the Performance Standards specified in Sections 2467.2(a) or (b), or the Certification and Compliance Standards specified in Section 2467.2(d), as long as the manufacturer or distributor can demonstrate that: (1) the portable fuel container or spout or both portable fuel container and spout 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 fuel container or spout or both portable fuel container and spout is not distributed to California.
This subsection (b) does not apply to portable fuel containers or spouts or both portable fuel containers and spouts that are sold, supplied, or offered for sale by any person to retail outlets in California.
(c) This Article does not apply to safety cans meeting the requirements of Title 29, Code of Federal Regulations Part 1926, Subpart F (s 1926.150 et seq.).
(d) This Article does not apply to portable fuel containers with a nominal capacity less than or equal to one quart.
(e) This Article does not apply to rapid refueling devices with nominal capacities greater than or equal to four gallons, provided such devices are designed for use in officially sanctioned off-highway motor sports such as car racing or motorcycle competitions and either create a leak-proof seal against a stock target fuel tank or are designed to operate in conjunction with a receiver permanently installed on the target fuel tank.
(f) This Article does not apply to portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and the outboard engine for the purpose of operating the outboard engine.
(g) This Article does not apply to closed-system portable fuel containers that are used exclusively for fueling remote control model airplanes.
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).
s 2467.4. Innovative Products.
(a) The Executive Officer may exempt a portable fuel container or spout or both portable fuel container and spout 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 ROG emissions below the highest emitting representative spill-proof system or representative spill-proof spout in its product category as determined from applicable testing.
(b) For the purposes of this Section, "representative spill-proof system" or a "representative spill-proof spout" means a portable fuel container or spout or both portable fuel container and spout which, at the time of application in (c) of this Section, meets the Performance Standards specified in Sections 2467.2(a) or (b) or the Certification Requirements specified in "CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts, adopted July 26, 2006," 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 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 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 or spout or both portable fuel container and spout, 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 or spout or both portable fuel container and spout 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 effect the 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 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 Performance Standards.
(i) If the Executive Officer believes that a portable fuel container or spout or both portable fuel container and spout 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.
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).
s 2467.5. Administrative Requirements.
(a) Each manufacturer of a portable fuel container or portable fuel container and spout subject to and complying with Section 2467.2(a) must clearly display on each spill-proof system:
(1) the phrase "Spill-Proof System";
(2) a date of manufacture or representative date; and
(3) a representative code identifying the portable fuel container or portable fuel container and spout as subject to and complying with Section 2467.2(a).
(b) Each manufacturer of a spout subject to and complying with Section 2467.2(b) must clearly display on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto:
(1) the phrase "Spill-Proof Spout";
(2) a date of manufacture or representative date; and
(3) a representative code identifying the spout as subject to and complying with Section 2467.2(b).
(c) Each manufacturer of a portable fuel container or portable fuel container and spout subject to and complying with Section 2467.2(c) must clearly display on each spill-proof system:
(1) the phrase "Spill-Proof System";
(2) a date of manufacture or representative date; and
(3) a representative code identifying the Executive Order Number issued by the Air Resources Board for the portable fuel container or portable fuel container and spout.
(d) Each manufacturer of a spout subject to and complying with Section 2467.2(c) must clearly display on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto:
(1) the phrase "Spill-Proof Spout";
(2) a date of manufacture or representative date; and
(3) a representative code identifying the Executive Order Number issued by the Air Resources Board for the spout.
(e) Each manufacturer subject to subsection (a), (b), (c) or (d) must file an explanation of both the date code and representative code with the Executive Officer no later than the later of three months after the effective date of this article or within three months of production, and within three months after any change in coding.
(f) Each manufacturer of a spout subject to subsection (b) or (d) must clearly display the make, model number, and size of only those portable fuel container(s) the spout is designed to accommodate and can demonstrate compliance with Section 2467.2(a) or 2467.2(c) on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout, or a label affixed thereto.
(g) Manufacturers of portable fuel containers or portable fuel containers and spouts not subject to or not in compliance with Section 2467.2 may not display the phrase "Spill-Proof System" or "Spill-Proof Spout" on the portable fuel container or spout, respectively, on any sticker or label affixed thereto, or on any accompanying package.
(h) Each manufacturer of a portable fuel container or spout or both portable fuel container and spout subject to and complying with Section 2467.2 that due to its design or other features cannot be used to refuel one or more on-road motor vehicles must clearly display the phrase "Not Intended For Refueling On-Road Motor Vehicles" in type of 34 point or greater on each:
(1) spill-proof system or label affixed thereto, and on the accompanying package, if any; and
(2) package accompanying a spill-proof spout sold separately from a spill-proof system, or for spill-proof spouts sold without packaging, on either the spill-proof spout, or a label affixed thereto.
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).
s 2467.6. Variances.
(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(s) by which compliance with the provisions of Section 2467.2 will be achieved; and
(3) a compliance report reasonably detailing the method(s) by which compliance will be achieved.
(b) Upon receiving a complete variance application containing the information required in subsection (a), the Executive Officer shall hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements in Section 2467.2 is necessary and will be permitted. A hearing will be initiated no later than 75 days after receipt of a complete variance application. Notice of the time and place of the hearing must be sent to the applicant by certified mail not less than 30 days before to the hearing. Notice of the hearing must also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such a notice, not less than 30 days before the hearing. The notice must state that the parties may, but not need to be, represented by counsel at the hearing. At least 30 days before the hearing, the variance application must be made available to the public for inspection. Interested members of the public must be allowed a reasonable opportunity to testify at the hearing and their testimony must be considered.
(c) No variance may be granted unless all of the following findings are made:
(1) that, due to reasons beyond the reasonable control of the applicant, required compliance with Section 2467.2 would result in extraordinary economic hardship;
(2) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance; and
(3) that the compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible.
(d) Any variance order shall specify a final compliance date by which the requirements of Section 2467.2 will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions that the Executive Officer, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code.
(e) A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance.
(f) Upon the application of any person, the Executive Officer may review, and for good cause, modify or revoke a variance from requirements of Section 2467.2 after holding a public hearing in accordance with the provisions of subsection (b).
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).
s 2467.7. Performance Standard Test Procedures.
(a) Testing to determine compliance with Section 2467.2(b) of this article shall be performed by using the following test procedures:
(1) "Test Method 510, Automatic Shut-Off Test Procedure For Spill-Proof Systems And Spill-Proof Spouts," adopted July 6, 2000, (section numbers corrected September 13, 2000), as amended July 26, 2006, which is incorporated by reference herein.
(2) "Test Method 511, Automatic Closure Test Procedure For Spill-Proof Systems And Spill-Proof Spouts," adopted July 6, 2000, (section numbers corrected September 13, 2000), which is incorporated by reference herein.
(b) Testing to determine compliance with Section 2467.2(a) of this article shall be performed by using all test procedures in (a) above and the following test procedure:
(1) "Test Method 513, Determination Of Permeation Rate For Spill-Proof Systems," adopted July 6, 2000, (section numbers corrected September 13, 2000), which is incorporated by reference herein.
(c) Alternative methods that are shown to be accurate, precise, and appropriate may be used upon written approval of the Executive Officer.
(d) Test procedures referred to in this Article can be obtained from the California Air Resources Board, and may be available at http://www.arb.ca.gov.
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).
s 2467.8. Certification and Compliance Test Procedures.
(a) Testing to determine compliance with Section 2467.2(c) of this article shall be performed by using the test procedures specified in "CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts," adopted July 26, 2006, which is incorporated by reference herein.
(b) Alternative methods that are shown to be accurate, precise, and appropriate may be used upon written approval of the Executive Officer.
(c) Test procedures referred to in this Article can be obtained from the California Air Resources Board, and may be available at http://www.arb.ca.gov.
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).
s 2467.9. Enforcement.
(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 or spout or both portable fuel container and spout 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 fuel containers or spouts or both portable fuel containers and spouts, 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(s) issued for the noncompliant portable fuel container, spout or both portable fuel container and spout.
(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.
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).
s 2470. Applicability.
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.
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.
s 2471. Definitions.
(a) The definitions in Section 1900(b), Chapter 3, Title 13 of the California Code of Regulations shall apply with the following additions:
(1) "All-Terrain Vehicle (ATV)" means any motorized off-highway vehicle 50 inches (1270 mm) or less in overall width, designed to travel on four low pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator and no passengers. The vehicle is designed to carry not more than 350 pounds (160 kg) payload, excluding the operator, and is powered by an internal combustion engine. Width shall be exclusive of accessories and optional equipment. A golf cart is not, for purposes of this regulation, to be classified as an all-terrain vehicle.
(2) "Alternate Fuel" means any fuel that will reduce non-methane hydrocarbons (on a reactivity-adjusted basis), NOx, CO, and the potential risk associated with toxic air contaminants as compared to gasoline or diesel fuel and would not result in increased deterioration of the engine. Alternate fuels include, but are not limited to, methanol, ethanol, liquefied petroleum gas, compressed natural gas, and electricity.
(3) "Alternative fuel" refers to liquefied petroleum gas, natural gas, alcohol, and alcohol/gasoline fuels.
(4) "Alternative fuel conversion system" means a package of fuel, ignition, emission control, and engine components that are modified, removed, or added during the process of modifying a vehicle/engine/equipment to operate on an alternative fuel and to perform at an emission rate lower than or equal to the rate to which the engine family was originally certified.
(5) "Alternative fuel conversion system manufacturer" refers to a person who manufactures or assembles an alternative fuel conversion system for sale in California, requests, and is granted the Executive Order certifying the conversion system.
(6) "Confirmatory testing" means an ARB directed follow-up emissions test and inspection of the test engine or test vehicle that had been used by the manufacturer to obtain test data for submittal with the certification application. The emissions tests can be conducted at ARB or contracted out facilities or at the manufacturer's facility.
(7) "Conventional fuel" means gasoline or diesel fuel.
(8) "Diesel Cycle Engine" means a type of engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The primary means of controlling power output in a diesel cycle engine is by limiting the amount of fuel that is injected into the combustion chambers of the engine. A diesel cycle engine may be petroleum-fueled (i.e. diesel-fueled) or alternate-fueled.
(9) "Driveability" of an off-road vehicle or off-road equipment means the smooth delivery of power, as demanded by the driver or operator. Typical causes of driveability degradation are rough idling, misfiring, surging, hesitation, or insufficient power. Conversion from conventional fuels to alternative fuels may entail losses of volumetric efficiency, resulting in some power loss. Such power loss is not considered to be driveability degradation.
(10) "Dual fuel" refers to a conversion system which utilizes both an alternative fuel and a conventional fuel without further hardware changeover required.
(11) "Emission Control System" includes any component, group of components, or engine modification that controls or causes the reduction of substances emitted from an engine.
(12) "Engine Family" is a subclass of a basic engine based on similar emission characteristics. The engine family is the grouping of engines that is used for the purposes of certification.
(13) "Executive Officer" means the Executive Officer of the Air Resources Board or his or her authorized representative.
(14) "Exhaust Emissions" means substances emitted into the atmosphere from any opening downstream from the exhaust port of an off-road vehicle, engine, or equipment.
(15) "Fuel System" means the combination of any of the following components: fuel tank, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injection components, evaporative controls and all fuel system vents.
(16) "Go-Kart" means any four wheeled, open framed vehicle equipped with an internal combustion engine. These vehicles are generally found at amusement parks and rented to patrons on a "pay-by-play" basis. These vehicles are generally designed for a single rider and run on a confined track. A go-kart that is not used exclusively in competition/racing events in a closed course is not a competition/racing vehicle for purposes of these regulations.
(17) "Golf Cart" means a vehicle used to convey equipment and no more than two persons, including the driver, to play the game of golf in an area designated as a golf course. Golf carts are designed to have an unladen weight of less than 1,300 pounds and carry not more than 100 pounds, excluding passengers, accessories and optional equipment. A golf cart is not used for grounds keeping or maintenance purposes.
(18) "Heavy-Duty Off-Road Diesel Cycle Engines" or "Engines" are identified as: diesel or alternate fuel powered diesel cycle internal combustion engines 175 horsepower and greater, operated on or in any device by which any person or property may be propelled, moved or drawn upon a highway, but are primarily used off a highway. The engines are designed for powering construction, farm, mining, forestry and industrial implements and equipment. They are designed to be used in, but are not limited to use in, the following applications: agricultural tractors, backhoes, excavators, dozers, log skidders, trenchers, motor graders, portable generators and compressors and other miscellaneous applications. Specifically excluded from this category are: (1) engines operated on or in any device used exclusively upon stationary rails or tracks; (2) engines used to propel marine vessels; (3) internal combustion engines attached to a foundation at a location; (4) transportable engines subject to District permitting rules which have been operated at a location for a period of one year or more on January 1, 1997; and (5) stationary or transportable gas turbines for power generation.
(19) "Inboard Engine" means a four-stroke spark-ignition marine engine not used in a personal watercraft that is designed such that the propeller shaft penetrates the hull of the marine watercraft while the engine and the remainder of the drive unit is internal to the hull of the marine watercraft.
(20) "Installer" means a person who installs alternative fuel conversion systems on off-road vehicles/engines/equipment.
(21) "Marine watercraft" means every description of boat, ship or other artificial contrivance used, or capable of being operated on water.
(22) "Model year" means the manufacturer's annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year.
(23) "Off-Highway Recreational Vehicle Engines" or "Engines" are identified as: two-stroke or four-stroke, air-cooled, liquid-cooled, gasoline, diesel, or alternate fuel powered engines or electric motors that are designed for powering off-road recreational vehicles and engines included in, but not limited to use in, the following: off-road motorcycles, all-terrain vehicles, and golf carts. All engines and equipment that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically not included within this category.
(24) "Off-Road Aftermarket Parts Manufacturer" means any person engaged in the manufacturing of add-on or modified parts, as defined in Section 1900(b), (1) and (10), Chapter 3, Title 13, California Code of Regulations, for off-road vehicles, engines or equipment subject to California or federal emission standards.
(25) "Off-Road Engine" means any internal combustion engine or motor designed for powering off-road vehicles or off-road equipment. All engines that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically not included within this category.
(26) "Off-Road Large Spark-ignition Engines" or "LSI Engines" means any engine that produces a gross horsepower 25 and greater horsepower or is designed (e.g., through fueling, engine calibrations, valve timing, engine speed modifications, etc.) to produce 25 and greater horsepower. If an engine family has models at or above 25 horsepower and models below 25 horsepower, only the models at or above 25 horsepower would be considered LSI engines. The engine's operating characteristics are significantly similar to the theoretical Otto combustion cycle with the engine's primary means of controlling power output being to limit the amount of air that is throttled into the combustion chamber of the engine. LSI engines or alternate fuel powered LSI internal combustion engines are designed for powering, but not limited to powering, forklift trucks, sweepers, generators, and industrial equipment and other miscellaneous applications. All engines and equipment that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically excluded from this category.
Specifically excluded from this category are: 1) engines operated on or in any device used exclusively upon stationary rails or tracks; 2) engines used to propel marine vessels; 3) internal combustion engines attached to a foundation at a location for at least 12 months; 4) off-road recreational vehicles and snowmobiles; and 5) stationary or transportable gas turbines for power generation.
(27) "Off-Road Motorcycle" means any two or three-wheeled vehicle equipped with an internal combustion engine and weighing less than 1,499 pounds. An off-road motorcycle is primarily designed for use off highways. These vehicles are mainly used for recreational riding on dirt trails but are not limited to this purpose.
(28) "Off-Road Vehicle" or "Off-Road Equipment" means any non-stationary device, powered by an internal combustion engine or motor, used primarily off the highways to propel, move, or draw persons or property including any device propelled, moved, or drawn exclusively by human power, and used in, but not limited to, the following applications: Marine Vessels, Construction/Farm Equipment, Locomotives, Small Off-Road Engines, Off-Road Motorcycles, and Off-Highway Recreational Vehicles.
(29) "Otto Cycle Engine" means a type of engine with operating characteristics significantly similar to the theoretical Otto combustion cycle. The primary means of controlling power output in an Otto cycle engine is by limiting the amount of air and fuel which can enter the combustion chambers of the engine. As an example, gasoline-fueled engines are Otto cycle engines.
(30) "Outboard engine" means a spark-ignition marine engine that, when properly mounted on a marine watercraft in the position to operate, houses the engine and drive unit external to the hull of the marine watercraft.
(31) "Personal watercraft engine" means a spark-ignition marine engine that does not meet the definition of outboard engine, inboard engine or sterndrive engine, except that the Executive Officer may in his or her discretion classify a personal watercraft engine as an inboard or sterndrive engine if it is comparable in technology and emissions to an inboard or sterndrive engine.
(32) "Scheduled Maintenance" means any adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems required by the manufacturer which is performed on a periodic basis to prevent part failure or equipment or engine malfunction, or anticipated as necessary to correct an overt indication of malfunction or failure for which periodic maintenance is not appropriate.
(33) "Small off-road engine" means any engine that produces a gross horsepower less than 25 horsepower, or is designed (e.g., through fuel feed, valve timing, etc.) to produce less than 25 horsepower, that is not used to propel a licensed on-road motor vehicle, an off-road motorcycle, an all-terrain vehicle, a marine vessel, a snowmobile, a model airplane, a model car, or a model boat. If an engine family has models below 25 horsepower and models at or above 25 horsepower, only the models under 25 horsepower would be considered small off-road engines. Uses for small off-road engines include, but are not limited to, applications such as lawn mowers, weed trimmers, chain saws, golf carts, specialty vehicles, generators and pumps. All engines and equipment that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically not included within this category.
(34) "Spark-ignition marine engine" means any engine used to propel a marine watercraft, and which utilizes the spark-ignition combustion cycle.
(35) "Specialty Vehicles" means any vehicle powered by an internal combustion engine having not less than 3 wheels in contact with the ground, having an unladen weight generally less than 2,000 pounds, which is typically operated between 10 and 35 miles per hour. The recommended bed payload for specialty vehicles is usually up to 2,000 pounds. Specialty vehicles are mainly used off of highways and residential streets. Applications of such vehicles include, but are not limited to, carrying passengers, hauling light loads, grounds keeping and maintenance, resort or hotel areas, airports, etc.
(36) "Sterndrive engine" means a four-stroke spark-ignition marine engine not used in a personal watercraft that is designed such that the drive unit is external to the hull of the marine watercraft, while the engine is internal to the hull of the marine watercraft.
(37) "Test engine" means the engine or group of engines that a manufacturer uses during certification, production line and in-use testing to determine compliance with emission standards.
(38) "Ultimate Purchaser" means the first person who in good faith purchases a replacement, add-on, or modified part for purposes other than resale.
(39) "Warrantable Condition" means any condition of an engine that requires the manufacturer to take corrective action pursuant to applicable defects warranty provisions.
(40) "Warranted Part" means any emissions-related part installed on an engine by the equipment or engine manufacturer, or installed in a warranty repair, which is listed on the warranty parts list.
(41) "Warranty period" means the period of time, either in years or hours of operation, that the engine or part is covered by the warranty provisions.
(42) "Warranty station" means a service facility authorized by the equipment or engine manufacturer to perform warranty repairs. This includes all manufacturer distribution centers that are franchised to service the subject equipment or engines.
Note: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43000.5, 43013 and 43018, Health and Safety Code.
s 2472. Air Pollution Control and Modification Devices.
(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 ofthe State Air Resources Board to do either of the following: (continued)