(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 |
AIR RESOURCES BOARD |
9480 TELSTAR AVENUE, SUITE 4 |
EL MONTE, CA 91731 |
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 |
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 |
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 |
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
3.2 Additional information from section
2710(b), 2710(c),
2710(f), and
2710(g)
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 <= 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 an ARB 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 ARB 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 ARB 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 ARB. 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 the ARB. 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 ARB 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 state board at the Haagen-Smit Laboratory, 9528
Telstar Avenue, El Monte, California 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 ARB
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 ARB, 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 ARB will subject the applicant to ARB 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.