(a) Overview. Before submitting a final
application for the
verification of a
diesel emission control strategy for use
with an
emission control group, the
applicant must submit a preliminary
verification application (pursuant to section
2702(b)) in the
format shown in 2702(d). If the
Executive Officer determines that an
application includes more than one
emission control group, the
applicant must
propose a test plan that includes test engines and testing conditions that are
representative of the least favorable conditions within the requested emission
control groups for the
diesel emission control strategy to demonstrate
compliance with the requirements of the Procedure. To obtain
verification, the
applicant must conduct emission reduction testing (pursuant to section
2703),
durability testing
(pursuant to section
2704), a field demonstration
(pursuant to section
2705), and submit the results
along with comments and other information (pursuant to sections
2706 and
2707) in a final
verification
application to the
Executive Officer, in the format shown in section
2702(d). If the
Executive Officer grants
verification of a
diesel emission control strategy, it
will issue an
Executive Order to the
applicant identifying the
verified
emission reduction and any conditions that must be met for the
diesel emission
control strategy to function properly. After the
Executive Officer grants
verification of a
diesel emission control strategy, the
applicant must provide
a warranty, conduct in-use compliance testing of the strategy after having sold
or leased a specified number of units, and report the results to the
Executive
Officer (pursuant to section
2709). A
diesel emission control
strategy that employs two or more individual systems or components must be
tested and submitted for evaluation as one system. A
verified diesel emission
control strategy may not be installed on an engine with another
diesel emission
control strategy that is not included in the
Executive Order. Applicants
seeking
verification of an
alternative diesel fuel must follow the procedure
described in section
2710.
(b) Preliminary
Verification Application.
Before formally submitting a final application for the
verification of a
diesel
emission control strategy, the
applicant must submit a preliminary
verification
application. The
Executive Officer reserves the right to require that an
applicant's preliminary application be submitted with a fully-functional sample
of the
market-ready diesel emission control strategy that is identical in all
material respects to the product that will be sold upon receiving
verification.
If such a request is made by the
Executive Officer, the
applicant must submit
the
market-ready diesel emission control strategy within 30 calendar
days or
the preliminary application will be terminated. The
Executive Officer may, for
good cause, grant an extension of time, not to exceed fifteen
days (15). The
submitted
diesel emission control strategy must be identical in all respects to
any products used to support the
verification activity and must come with all
parts including, but not limited to, the aftertreatment components, sensors,
electronic control system programmed with all control logic and algorithms, and
the
backpressure monitor as well as a complete parts list. Changes during the
verification process to any part of the
diesel emission control strategy
including, but not limited to, control logic and algorithms, functionality,
materials, catalyst loadings and formulation, hardware, etc., may require the
applicant to begin the
verification process anew, at the discretion of the
Executive Officer. For diesel emission control strategies that include multiple
sizes of the same system or part (e.g., the diesel particulate filter), the
Executive Officer will specify which size must be submitted. The
Executive
Officer shall return, at the
applicant's expense, the
market-ready diesel
emission control strategy after the request for
verification is either granted,
denied, or withdrawn. The
Executive Officer shall use the information in the
preliminary
verification application to help determine whether the strategy
relies on sound principles of science and engineering to control emissions, the
need for additional analyses, and the appropriateness of allowing alternatives
to the prescribed requirements. The preliminary
verification application must
follow the format shown in section
2702(d) and at a
minimum provide the information required in sections 1. through 5., and section
8.A.5. In addition, the preliminary
verification application must include the
following information:
(1) Identification of
the contact persons, phone numbers, names and addresses of the responsible
party submitting the preliminary verification application.
(2) Description of the
diesel emission
control strategy's principles of operation. A schematic depicting operation
must be included. It is the responsibility of the
applicant to demonstrate that
its product relies on sound principles of science and engineering to achieve
emission reductions.
(A) If, after reviewing
the preliminary verification application, the Executive Officer determines that
the applicant has not made a satisfactory demonstration that its product
(diesel emission control strategy) relies on sound principles of science and
engineering to achieve emission reductions, the Executive Officer shall notify
the applicant of the determination in writing within 30 days of receiving the
preliminary verification application. The applicant may choose to withdraw from
the verification process or submit additional materials and clarifications. The
additional submittal must be received by the Executive Officer no later than 60
days from the date of the notification letter or the application may be
suspended.
(B) If, after reviewing
the additional submittal, the Executive Officer determines that the applicant
has not yet made a satisfactory demonstration that its product relies on sound
principles of science and engineering to achieve emission reductions, the
preliminary verification application shall be suspended. If a preliminary
verification application has been suspended, it may only be reactivated at the
discretion of the Executive Officer.
(C) If at any time, the Executive Officer has
reason to doubt the scientific or engineering soundness of a product, the
Executive Officer shall notify the applicant in writing and may require the
applicant to submit additional supporting materials and clarifications no later
than 60 days from the date of the notification letter. If the additional
submittal is not received by the Executive Officer by the deadline established
in the notification letter, the preliminary or final application may be
suspended or the existing verification may be revoked. In deciding whether to
suspend a preliminary or final application or revoke an existing verification
the Executive Officer will review submittals as provided in subsection (B)
above.
(3) Preliminary
parameters for defining emission control groups that are appropriate for the
diesel emission control strategy. The Executive Officer will work with the
applicant to determine appropriate emission control group parameters.
(4) The applicant's proposed test plan for
meeting the requirements of Sections 2703-2706. Existing test data may be
submitted for the Executive Officer's consideration. The preliminary
verification application must focus on verification of the diesel emission
control strategy for use with a single emission control group.
(5) A brief statement that the
applicant
acknowledges and agrees to do the following:
(A) Provide a warranty pursuant to the
requirements of section
2707.
(B) Submit in-use compliance information
pursuant to the requirements of section
2709.
(C) Keep records until the in-use compliance
requirements are completed that contain information per section
2702(n)
including:
1. Updated end user contact
information.
2. A description of
the vehicles or equipment on which the applicant's products are
installed.
3. A description of the
engines on which the applicant's products are installed.
(D) Provide all maintenance information for
the
diesel emission control strategy to the
owner pursuant to Section
2706
(h)(2).
(c) All applications, correspondence, and
reports, with the exception of applications based on the use of fuel additives
or alternative diesel fuels,
locomotive applications, stationary applications,
transport refrigeration units, rubber-tired gantry cranes, and marine
applications, must be submitted in writing to:
CHIEF, HEAVY-DUTY DIESEL IN-USE STRATEGIES BRANCH
CALIFORNIA AIR RESOURCES BOARD
4001 IOWA AVENUE
RIVERSIDE, CA 92507
All applications, correspondence, and reports for systems
utilizing any form of fuel additive or alternative diesel fuel must be
submitted in writing to:
CHIEF, ALTERNATIVE FUELS BRANCH
CALIFORNIA AIR RESOURCES BOARD
1001 I STREET
SACRAMENTO, CA 95814
All applications, correspondence, and reports for systems
intended for use with locomotive must be submitted in writing to:
CHIEF, FREIGHT TRANSPORT BRANCH
CALIFORNIA AIR RESOURCES BOARD
1001 I STREET
SACRAMENTO, CA 95814
All applications, correspondence, and reports for systems
intended for use with stationary applications, transport refrigeration units,
rubber-tired gantry cranes, or marine applications must be submitted in writing
to:
CHIEF, EMISSIONS ASSESSMENT BRANCH
CALIFORNIA AIR RESOURCES BOARD
1001 I STREET
SACRAMENTO, CA 95814
(d) Application Format. The preliminary and
final
verification applications must be submitted in writing to the address
shown in subsection (c) above. Electronic mail and verbal submissions do not
constitute acceptable application formats. Supporting data in electronic format
may be accepted as part of the application at the discretion of the
Executive
Officer. The preliminary and final
verification applications for a
diesel
emission control strategy must follow the format shown below. If a section asks
for information that is not applicable to the
diesel emission control strategy,
the
applicant must indicate "not applicable." If the
Executive Officer concurs
with the
applicant's judgement that a section is not applicable, the
Executive
Officer may waive the requirement to provide the information requested in that
section. Final
verification applications must include all of the information
provided in the preliminary
verification application as described in section
2702(b),
including any additional information, updates, or changes, and all additional
information shown below.
1.
Introduction
1.1
Identification of applicant, manufacturer, and product
1.2 Identification of type of
verification
being sought
1.2.1 Description of emission
control group selected
1.2.2
Emission reduction claim
1.2.3
Description of intended applications (examples of in-use vehicles or equipment,
typical duty cycles, fuel requirements, etc.)
2.
Diesel Emission Control Strategy
(DECS) Information
2.1 General
description of the
diesel emission control strategy
2.1.1 Detailed discussion of principles of
operation and system design
2.1.2
Description of inducement method if applicable
2.1.3 Schematics depicting operation (as
appropriate)
2.1.4 A list
identifying all the parts of the
diesel emission control strategy as described
in section
2706(o)
2.1.5 Detailed description of
measures taken to prevent reverse flow installation
2.2 Description of
regeneration method
2.2.1 Operating condition requirements for
regeneration
2.2.2 Thresholds and
control logic to activate regeneration
2.2.3 Description of backpressure monitor
including thresholds and control logic
2.3 Favorable operating conditions
2.4 Unfavorable operating conditions and
associated reductions in performance
2.5 Fuel and lubricating oil requirements and
misfueling considerations
2.6
Identification of failure modes and associated consequences
2.7 Analysis of potential safety and
catastrophic failure issues per section
2706(w)
(
e.g., uncontrolled regeneration, lack of proper maintenance,
unfavorable operating conditions, use of inappropriate fuel, high exhaust
temperatures, substrate failure, sensor failure, etc.), including a
description of the mitigation strategies employed by the
diesel emission
control strategy for each potential safety and catastrophic failure
issue
2.8 Complete discussion of
the installation requirements (e.g., appropriate system placement,
space requirements, visibility, device orientation, engine oil consumption
limits, etc.)
2.9
Pre-installation compatibility assessment procedures
2.10 Maintenance requirements
2.10.1 Detailed description of all normal
maintenance requirements for the diesel emission control strategy
2.10.2 Objective criteria for DECS ash
removal (pressure drop across the filter, maximum clean filter weight,
pre-installation filter weight comparison, etc.) for determination if a DECS is
"cleaned" per section
2706(h)(2)(B)
2.10.3 A copy of the language that
will instruct the end user of proper handling of spent components and/or
materials cleaned from the diesel emission control strategy, identify any
hazardous materials, and provide procedures for resetting any backpressure
monitors after maintenance procedures are completed
2.11 Description of noise level control
compliance
3.
Alternative Diesel Fuel and Fuel Additive Information. (Use of
an
alternative diesel fuel/
fuel additive requires a multimedia evaluation as
required by Section
43830.8
California Health and Safety Code)
3.1
Alternative Diesel Fuel Information
3.3 Emission control group
compatibility considerations
3.4
Misfueling prevention strategies
3.5 Multimedia evaluation
3.5.1 Additional test data and information
required for multimedia evaluation
4.
Diesel Emission Control Strategy
and Emission Control Group Compatibility
4.1 Compatibility with the engine
4.1.1 Discussion on calibrations and design
features that may vary from engine to engine
4.1.2 Effect on overall engine
performance
4.1.3 Effect on engine
backpressure
4.1.4 Additional load
on the engine
4.1.5 Effect on fuel
consumption
4.1.6 Engine oil
consumption considerations
4.2 Compatibility with the application
4.2.1 Dependence of calibration and other
design features on application characteristics
4.2.2 Presentation of typical exhaust
temperature profiles and other relevant field-collected data from
representative applications within the emission control group
4.2.3 Comparison of field-collected
application data with operating conditions suitable for the diesel emission
control strategy
5.
Testing Information
5.1 Emission reduction testing
5.1.1 Test facility identification including
capabilities and identification of all analytical instruments
5.1.2 Description of test vehicle and engine
(make, model year, engine family name, PM and NOx certification levels
if applicable, etc.)
5.1.3
Statement indicating whether the test engine is in a proper state of
maintenance, and/or has been rebuilt or modified from the original engine
manufacturer configuration
5.1.4
Description of test fuel
5.1.5
Discussion of effects of elevated NOx emissions on diesel emission control
strategy (effects on emission reduction performance, durability, safety, and
control strategy response)
5.1.6
Test procedure description (-pre-conditioning period, test cycle,
etc.)
5.1.7 Test results
and comments
5.1.8 Incomplete and
aborted test data and explanations
5.2 Durability testing
5.2.1 Test facility identification including
capabilities and identification of all analytical instruments
5.2.2 Description of field application (where
applicable)
5.2.3 Description of
test vehicle and engine (make, model year, engine family name, PM and
NOx certification levels if applicable, etc.)
5.2.4 Analysis of emissions test
fuel
5.2.5 Analysis of durability
test fuel
5.2.6 Test procedure
description (field or bench, test cycle, etc.)
5.2.7 Test Procedure demonstrating durability
of monitoring and notification system
5.2.8 Description of maintenance during
durability testing
5.2.9 Test
results and comments
5.2.10 Summary
of evaluative comments from third-party for in-field durability demonstration
(e.g., driver or fleet operator)
5.3 Field demonstration (where applicable)
5.3.1 Field application
identification
5.3.2 Description of
test vehicle and engine (make, model year, engine family name, PM and
NOx certification levels if applicable, etc.)
5.3.3 Engine backpressure and exhaust
temperature graphs with comments
5.3.4 Summary of evaluative comments from
third-party (e.g., driver or fleet operator)
5.3.5 Description of test failures
6.
Warranty and
In-Use Compliance Requirements
6.1
Statement that the
applicant agrees to provide annual warranty reports and to
follow the warranty requirements per section
2707
6.2 Statement that the
applicant agrees to
follow the in-use compliance requirements per section
2709
6.3 Statement that the
applicant agrees to
keep the required
end user information per section
2702(n)
7.
References
8.
Appendices
A. Emissions test
report information (
for all tests, including incomplete, aborted and
failed tests)
A.1 Actual emissions
test data. Applicants must submit the raw, real-time data gathered by the
laboratory's data acquisition system during emissions testing in electronic
format on a compact disc. These are the raw data from which emissions test
results are derived. (e.g., analyzer voltage readings recorded at a frequency
of 1 Hertz)
A.2 Plots of engine
backpressure and exhaust temperature
A.3 Driving traces for chassis dynamometer
tests
A.4 Quality assurance and
quality control information
A.5
Testing equipment information and indication that testing equipment meets
specifications and calibrations given in procedures required by sections
2703,
2704 and
2710 as
appropriate.
B. Field
test information
B.1 Engine backpressure and
exhaust temperature data (as described in Sections
2704(d)(2) and
2705(c)(1))
B.2 Third-party letters or questionnaires
describing in-field performance
C. Copy of the
Owner's Manual (as described
in section
2706
(
l))
D. Copy of
the Installation Manual
E. Sample
scale drawings of the original and replacement
diesel emission control strategy
labels (See section
2706(j))
F. Other supporting documentation
(e) Preliminary
Verification Application Review Process. A preliminary application for
verification is reviewed as follows:
(1)
Review for Completeness. Within 30
days of receipt of the preliminary
application, the
Executive Officer shall notify the
applicant indicating
whether the application is complete. If the preliminary application is not
complete the
Executive Officer shall request any missing information from the
applicant.
(A) If, after requesting missing
information three times, the Executive Officer determines that the preliminary
application is still not complete, the application will be
terminated.
(2)
Engineering and Compliance Review. After determining that the preliminary
application is complete, the
Executive Officer shall conduct a technical review
of the preliminary application to determine whether the preliminary application
is adequate to support development of a test plan approval letter. If the
preliminary application is not adequate to support development of a test plan
approval letter, the
Executive Officer shall request additional information
from the
applicant.
(A) If, after requesting
additional information three times, the Executive Officer determines that the
preliminary application is still not adequate to support development of a test
plan approval letter, the application will be terminated.
(3) Test Plan Approval Letter. Following the
Engineering and Compliance review and upon determining that the preliminary
application is satisfactory, the Executive Officer shall issue a test plan
approval letter to the applicant within 45 days.
(4) If the preliminary application is
terminated by the Executive Officer and the applicant wishes to attempt
verification again, the applicant must wait at least 30 calendar days before
submitting a new, revised preliminary verification application.
(f) Final
Verification Application
Review Process. A final application for
verification is reviewed as follows:
(1) The Executive Officer shall not review a
final application unless the applicant has first received a test plan approval
letter.
(2) Review for
Completeness. Following receipt of the final application, the
Executive Officer
shall notify the
applicant indicating whether the final application is
complete. If the final application is not complete the
Executive Officer shall
request any missing information from the
applicant.
(A) If, after requesting missing information
three times, the Executive Officer determines that the final application is
still not complete, the application will be terminated.
(3) Test Results and Compliance Review.
Within 60
days of determining that the final application is complete, the
Executive Officer shall determine whether the
diesel emission control strategy
merits
verification and shall classify it as shown in Table 1:
Table 1. Verification Classifications for Diesel
Emission Control Strategies
Pollutant
|
Reduction
|
Classification
|
|
|
|
|
< 25% |
Not verified Level
0* (see note below) |
|
>= 25% |
Level 1 Level 1
Plus** |
PM |
>= 50% |
Level 2 Level 2
Plus** |
|
>= 85%, |
Level 3 Level 3
Plus** |
|
or [LESS THAN EQUAL TO] 0.01
g/bhp-hr |
|
|
< 25% |
Not verified
|
NOx |
>=
25% |
Mark 1 |
|
>= 40% |
Mark 2 |
|
>= 55% |
Mark 3 |
|
>= 70% |
Mark 4 |
|
>= 85% |
Mark 5 |
|
|
|
* A diesel emission control
strategy that reduces emissions of PM by less than 25 percent may be verified
as a Level 0 strategy if it reduces emissions of NOx by at least 25 percent and
meets the other criteria in section
2700.
** The diesel emission control
strategy complies with the 20 percent NO2 limit before January 1, 2009 (and
after January 1, 2007).
The Executive Officer shall notify the applicant of the
decision in writing and specify the verification level for the diesel emission
control strategy and identify any terms and conditions that are necessary to
support the verification.
(4) If the final application is terminated by
the Executive Officer and the applicant wishes to attempt verification again,
the applicant must wait at least 30 days before submitting a new, revised final
application.
(g)
Application Termination. If at any point during the review process an
applicant's application is terminated, the
Executive Officer will cease review
of all materials regarding the
diesel emission control strategy and associated
application. The
applicant may submit a new, revised application per section
2702 (e)-(f)
after 30
days of the date of the termination notification. This time is
intended to allow the
applicant to correct any deficiencies in the application.
If the preliminary application was terminated, a resubmitted preliminary
application will be reviewed as a new application. The re-submission must
address the concerns that caused the termination and must not be identical to
the terminated application.
(h)
Extensions of an Existing Verification. If the applicant has verified a diesel
emission control strategy with one emission control group and wishes to extend
the verification to include additional emission control groups, it may apply to
do so using the original test data, additional test data, engineering
justification and analysis, or any other information deemed necessary by the
Executive Officer to address the differences between the emission control group
already verified and the additional emission control group(s). Processing time
periods follow sections (e) and (f) above.
(i) Conditional Extensions of an Existing
Verification for On-road Applications. If an
applicant has a CARB
verified
diesel emission control strategy and wishes to extend the
verification to
include new on-road emission control groups, the
applicant may apply to receive
a conditional extension. If the
Executive Officer determines that the
diesel
emission control strategy is technologically sound and appropriate for the
intended application, the
applicant may be granted a conditional extension for
up to one year. Upon receiving a conditional extension, the
applicant may sell
the
diesel emission control strategy as a
verified product for the duration of
the conditional extension period. To obtain full
verification, the
applicant
must complete the requirements set forth by the
Executive Officer according to
the requirements of the regulation. In granting a conditional extension, the
Executive Officer may consider all relevant information including, but not
limited to, the following: the design of the
diesel emission control strategy,
original test data, other relevant test data, the duty cycle of the prospective
emission control group, and field experience. For the time period it is
effective, a conditional extension is equivalent to a
verification for the
purposes of satisfying the in-use compliance requirements. Diesel emission
control strategies that are conditionally
verified for off-road and stationary
applications are not eligible for conditional extensions (See section
2704
(
l)).
(j) Design
Modifications. If an
applicant modifies the design of a
diesel emission control
strategy during the review process, the
Executive Officer will terminate the
application. The
applicant must re-submit an application per section
2702 (e)-(f) that
includes details of the new design in order for the
diesel emission control
strategy to be considered for
verification, a conditional
verification, or a
conditional extension. Re-submission must follow the requirements of section
2702(g). If an
applicant modifies the design of a
diesel emission control strategy that has
already been
verified by the
Executive Officer, the modified version must be
evaluated under this Procedure. The
applicant must provide a detailed
description of the design modification along with an explanation of how the
modification will change the operation and performance of the
diesel emission
control strategy. To support its claims, the
applicant must submit additional
test data, engineering justification and analysis, or any other information
deemed necessary by the
Executive Officer to address the differences between
the modified and original designs, to ensure that the
verified emissions
reductions are maintained, and to ensure that emissions of any pollutants
remain compliant with the requirements per section
2706. Processing time periods
follow section
2702 (e)-(f)
above. A design modification includes, but is not limited to:
(1) Any change of materials or specifications
to the major parts of the diesel emission control strategy (e.g., the diesel
particulate filter, the diesel oxidation catalyst, the canning components,
etc.).
(2) Any change to the wash
coat or catalyst formulas or composition.
(3) Any change to the catalyst
loadings.
(4) Any change to the
sensors, part sizes, or sizing methodology.
(5) Any change to the monitoring and
notification system control logic or algorithms or parts.
(k) Verification Transfers. If an
applicant
wishes to sell, lease, or supply another
manufacturer's previously
verified
diesel emission control strategy, the
applicant must do the following:
(1) Submit a letter of consent from the
manufacturer that legally holds the original verification. The letter must give
the applicant the right to hold a verification for the diesel emission control
strategy and, if applicable, to use information that was previously submitted
as support in the application for the original verification.
(2) Submit an application(s) per section
2702 of this Procedure. If
previously submitted information is included, necessary additional information
must be submitted that satisfies all applicable requirements of this Procedure
(e.g. testing data, warranty statement, label,
owner's manual, etc.).
(3) Submit a description of the diesel
emission control strategy's principles of operation. The applicant must
demonstrate understanding of how the product relies on sound principles of
science and engineering to achieve emissions reductions.
(4) Submit a plan showing how the
applicant
will comply with the in-use compliance requirements of section
2709 of this Procedure.
(l) Emission Control Strategies
Approved under Other
Verification Programs. Any
applicant with a
diesel
emission control strategy that is
verified under another diesel emission
control
verification program that wishes to receive CARB
verification must
submit an application that contains the information requested in part (d)
above. Pre-existing data and information submitted in support of
verification
approval from other programs may be submitted, but the
applicant must meet
requirements that are unique to this Procedure including, but not limited to, a
system label compliant with section
2706(j), a
California
owner's manual compliant with section
2706 (
l), a
warranty compliant with section
2707, in-use compliance
requirements per section
2709, and multimedia evaluation if
applicable. The
Executive Officer may evaluate all information submitted
including additional information required by this Procedure to determine if a
diesel emission control strategy merits CARB
verification.
(m) Treatment of Confidential Information.
Information submitted to the Executive Officer by an applicant may be claimed
as confidential, and such information shall be handled in accordance with the
procedures specified in Title 17, California Code of Regulations, sections
91000-91022. The Executive Officer may consider such confidential information
in reaching a decision on a verification application.
(n) Recordkeeping Requirements. Both
applicants and authorized
diesel emission control strategy installers are
responsible for keeping records as described below.
(1) Applicants that receive a verification, a
conditional verification, or a conditional extension must keep records that
have valid end user contact information (name, address, phone number), a
description of the vehicles or equipment the units are applied to (type of
vehicle/equipment, make, model year, vehicle identification number), and a
description of the engines the units are applied to (make, model, model year,
engine serial number, engine family name). The applicant must keep these
records for each diesel emission control strategy family until the in-use
compliance requirements of the diesel emission control strategy family are
completed. Applicants that receive a conditional extension or conditional
verification must submit these records to the Executive Officer one year after
receiving the conditional extension or conditional verification. Applicants
that receive verifications must submit these records upon request by the
Executive Officer to an agent or employee of CARB. The Executive Officer may
request that such records be made available at any time. The applicant must
provide these records within 30 days of the request by CARB. Failure to submit
these records may result in revocation or suspension of the verification and/or
any other remedy available under Part 5, Division 26 of the Health and Safety
Code.
(2) Authorized installers
must keep all pre-installation compatibility assessment records as described in
section
2706(t)(2)-(4).
(o) The Executive Officer may at
any time with respect to any diesel emission control strategy sold, leased,
offered for sale, intended for sale, or manufactured for sale in California,
order the applicant or manufacturer to submit records pertaining to the diesel
emission control strategy, at the applicant's expense, to a location specified
by the Executive Officer.
(p)
Applicants that receive a verification, a conditional verification, or a
conditional extension must demonstrate sales or the active pursuit of sales of
their diesel emission control strategies in California upon request of the
Executive Officer. If an applicant fails to provide such proof, the Executive
Officer will evaluate whether the verification should be revoked.
(q) The Executive Officer may, with respect
to any diesel emission control strategy sold, leased, offered for sale,
intended for sale, or manufactured for sale in California, order the applicant
or strategy manufacturer to make available for testing and/or inspection a
reasonable number of diesel emission control strategies including but not
limited to new diesel emission control strategies selected by CARB staff that
are in the possession of authorized dealers or distributors but not yet
installed on candidate engines, and may direct that they be delivered at the
applicant's expense to the California Air Resources Board at the Southern
California Headquarters, Mary D. Nichols Campus, 4001 Iowa Avenue, Riverside,
CA 92507 or where specified by the Executive Officer. The Executive Officer may
also, with respect to any diesel emission control strategy being sold, leased,
offered for sale, intended for sale, or manufactured for sale in California,
have an applicant test and/or inspect under the supervision of the Executive
Officer a reasonable number of units at the applicant's or manufacturer's
facility or at any test laboratory accepted by the Executive Officer. All such
testing and inspection is confirmatory in nature. If the Executive Officer
finds performance that is not consistent with either an existing or requested
verification, the applicant must address and resolve the inconsistency to the
satisfaction of the Executive Officer in order to maintain or receive
verification. Any testing and inspection done by CARB cannot be used as a
substitute for emissions test data or other support required in an application
for verification.
(r) For the
purpose of selecting new diesel emission control strategies for testing and/or
inspection to determine compliance with this regulation, an agent or employee
of CARB, with prior notice and upon presentation of proper credentials, has the
right to enter any facility (with any necessary safety clearances) where diesel
emission control strategies verified under these Procedures are located or
kept.
(s) The Executive Officer may
lower the verification level or revoke the verification status of a verified
diesel emission control strategy family, a conditionally verified strategy, or
a strategy with a conditional extension or suspend all review of pending
verification applications if the Executive Officer determines that there are
errors, omissions, inaccurate information, fraudulent submittals, or a
deficiency of required submittals, in the application for verification,
supporting information, warranty report, recall plan, or in-use compliance
report. Any changes to the verified diesel emission control strategy family not
approved by CARB will subject the applicant to CARB enforcement actions.
Additionally, penalties may be assessed under Part 5, Division 26 of the Health
and Safety Code. The Executive Officer may suspend the review of all other
applications sent by an applicant if that applicant fails to submit warranty
reports or other requested information. The Executive Officer may also seek
remedial action against the applicant if it is determined that the verified
diesel emission control strategy does not comply with the requirements or
provisions of the Executive Order.