(a)
Applicability. These in-use compliance requirements apply to all diesel
emission control strategies for on-road, off-road, stationary, marine, RTG
crane, APU, and TRU applications. It is the responsibility of the applicant to
perform in-use compliance testing for each verified diesel emission control
strategy family (see section 2706(j)(2)). Field testing is required when 100
units within a given diesel emission control strategy family have been sold or
leased in the California market and emissions testing when 300 units have been
sold or leased in the California market. Diesel emission control strategies
that consist solely of a fuel additive or an alternative diesel fuel are only
required to perform in-use compliance emissions testing or comply with other
tests and conditions approved by the Executive Officer at the time of
verification. For entirely fuel-based strategies, in-use compliance emissions
testing is required, if not specified in the Executive Order, when:
(1) 6 million gallons of treated or
alternative fuel are sold in the California market or 3 years after receiving
verification, whichever comes first, or;
(2) The Executive Officer determines an
alternative strategy is necessary based upon economic and engineering
justifications provided by the applicant at the time of verification.
Applicants must submit an in-use compliance testing proposal
for approval by the Executive Officer prior to performing either in-use
compliance field or emissions testing.
(b) Alternative Test Schedule. Applicants may
elect to skip field testing and perform only in-use compliance emissions
testing when 100 units within a given diesel emission control strategy family
name have been sold or leased in the California market. Applicants selecting
this option must test a minimum of 4 diesel emission control strategies for
each family name per the Emissions Testing requirements of section 2709(c)(2)
and the In-Use Compliance Emissions Testing procedures of section
2709(i).
(c) Age of Test Units. For
both field and emissions testing, applicants must select test units for each
diesel emission control strategy family based on the following:
(1) Field Testing. For field testing,
applicants must identify and test diesel emission control strategies once they
have been operated for at least 25 percent of their minimum warranty period or
for one year, whichever comes first.
(2) Emissions Testing. For emissions testing,
applicants must obtain and test diesel emission control strategies once they
have been operated for at least 60 percent of their minimum warranty period or
for three years, whichever comes first. For all systems used with heavy
heavy-duty vehicles, only test units that adhere to the 5 year or 150,000 mile
minimum warranty period may be selected.
(d) In-Use Compliance Testing Proposals.
Applicants with entirely fuel-based strategies must submit to the Executive
Officer an in-use compliance emissions testing proposal no later than 90 days
after meeting the requirements specified in section 2709(a). All other
applicants must submit to the Executive Officer a separate in-use compliance
testing proposal for both field and emissions testing for each family name. The
in-use compliance field testing proposal must be submitted to the Executive
Officer no later than 90 days after selling or leasing in the California market
the 100th unit. Applicants that fail to submit their field testing proposal
within 90 days after selling or leasing the 100th unit will be required to
follow the Alternative Test Schedule. The in-use compliance emissions testing
proposal must be submitted to the Executive Officer within 90 days after
selling or leasing in the California market the 300th unit. Each in-use
compliance testing proposal shall be submitted in the format specified by the
Executive Officer and at a minimum include:
1.In-Use Compliance Field Testing Proposal
1.1 A cover letter signed by the applicant
that includes the following information:
1.1.1 Diesel emission control strategy family
name.
1.1.2 A statement that the
author of the cover letter has the authority to represent the applicant with
their in-use compliance field testing for this diesel emission control strategy
family name.
1.1.3 A statement that
the applicant agrees to adhere to the in-use compliance requirements of this
Procedure.
1.1.4 Anticipated dates
of in-use compliance field tests and final test report
submittal.
1.2 Applicant
identification information including:
1.2.1
Primary contact responsible for in-use compliance field testing information
including contact information (e.g. name, mailing address, email address,
telephone numbers).
1.2.2 Brief
description of the contact's association to the verification
holder.
1.3 Diesel
emission control strategy family name.
1.4 Parties to be involved in conducting
in-use compliance field tests.
1.5
Identification and description of all test equipment, test personnel, and
qualifications or certifications.
1.6 Quality control and quality assurance
procedures for the test equipment.
1.7 List of 10 candidate test units for
Executive Officer review with the following information for each:
1.7.1 Vehicle or equipment make, model, and
model year upon which the proposed test unit is installed.
1.7.2 Statement that the applicant has access
to and has reviewed each vehicles' or equipments' maintenance
records.
1.7.3 Vehicle or equipment
location of operation and description (e.g. route delivery, trash collection,
front-end loader, etc.).
1.7.4
Engine information including engine family name, make, model, series,
displacement, model year, and horsepower upon which the proposed test unit is
installed.
1.7.5 Proposed test unit
serial number and serial number of each component of the diesel emission
control strategy.
1.7.6 Date of
manufacture of the proposed test unit.
1.7.7 Date of installation of the proposed
test unit and name of installer.
1.7.8 Proposed test unit size information, if
applicable.
1.7.9 Proposed test unit
cleaning/repair history, if available.
1.8 A description and explanation of the
methodology used to ensure that the proposed test units are representative of
the engines or vehicles equipped with the applicant's diesel emission control
strategy (e.g. statistical analysis, sales data, etc.).
1.9 Cumulative sales of the diesel emission
control strategy family name.
1.10
Current and predicted mileage or hours of use each proposed test unit will have
accrued by the time it is tested by the applicant.
1.11 Information regarding warranty claims
for the diesel emission control strategy family and a statement that these
claims for the same properly maintained and used part or component of the
diesel emission control strategy have not exceeded the four percent threshold
of section
2707(c), if accurate. If not,
additional information as required.
1.12 Identification of the specific test
methodology that will be used to assess the in-field diesel emission control
strategies.
1.13 Identification of
the additional functional and visual tests that will be performed by the
applicant to demonstrate the continuing functionality and durability of their
diesel emission control strategy, including the criteria that will be used to
analyze the results and determine compliance.
2.In-Use Compliance Emissions Testing
Proposal
2.1 A cover letter signed by the
applicant that includes the following information:
2.1.1 Diesel emission control strategy family
name.
2.1.2 A statement that the
author of the cover letter has the authority to represent the applicant with
their in-use compliance testing for this diesel emission control strategy
family name.
2.1.3 A statement that
the applicant agrees to adhere to the in-use compliance requirements of this
Procedure.
2.1.4 Anticipated dates
of in-use compliance tests and final test report submittal.
2.2 Applicant identification information
including:
2.2.1 Primary contact responsible
for in-use compliance testing information including contact information (e.g.
name, mailing address, email address, telephone numbers).
2.2.2 Brief description of the contact's
association to the verification holder.
2.3 Diesel emission control strategy family
name.
2.4 Parties to be involved in
conducting in-use compliance emissions tests including: contact person for the
selected emissions test facility or on-site testing company and identification
of person or company responsible for removing test units.
2.5 Emissions test facility or on-site
testing company identification and description of capabilities.
2.6 Quality control and quality assurance
procedures for the test equipment, test procedures, and test
facility.
2.7 List of 10 candidate
test units for Executive Officer review with the following information for
each:
2.7.1 Vehicle or equipment make, model,
and model year upon which the proposed test unit is installed.
2.7.2 Statement that the applicant has access
to and has reviewed each vehicles' or equipment's' maintenance
records.
2.7.3 Vehicle or equipment
location of operation and description (e.g. route delivery, trash collection,
front-end loader, etc.).
2.7.4
Engine information including engine family name, make, model, series,
displacement, model year, and horsepower upon which the proposed test unit is
installed.
2.7.5 Proposed test unit
serial number and serial number of each component of the diesel emission
control strategy.
2.7.6 Date of
manufacture of the proposed test unit.
2.7.7 Date of installation of the proposed
test unit and name of installer.
2.7.8 Proposed test unit size information, if
applicable.
2.7.9 Proposed test unit
cleaning/repair history.
2.8 A description and explanation of the
methodology used to ensure that the proposed test units are representative of
the engines or vehicles equipped with the applicant's diesel emission control
strategy (e.g. statistical analysis, sales data, etc.). If an applicant's
representative sample would require multiple test engines to comply with the
requirements of the this section, the applicant may propose an alternative
selection strategy but must provide a detailed engineering argument that
clearly shows that the alternative selections represent test units from the
representative group that provide the greatest challenge in meeting the
requirements of section
2709(m). All such requests require
the approval of the Executive Officer.
2.9 Cumulative sales of the diesel emission
control strategy family name.
2.10
Current and predicted mileage or hours of use each proposed test unit will have
accrued by the time it is obtained by the applicant for in-use compliance
emissions testing.
2.11 Information
regarding warranty claims for the diesel emission control strategy family and a
statement that these claims for the same properly maintained and used part or
component of the diesel emission control strategy have not exceeded the four
percent threshold of section 2707(c), if accurate. If not, additional
information as required.
2.12
Description of the emissions test vehicles and/or engines (engine family name,
make, model, series, model year, displacement, horsepower, verification that
the test engine(s) are California exhaust emissions certified, verification
that the test engine is listed in the applicants emission control group,
identification of any maintenance, repairs, or reflash).
2.13 A testing plan for meeting the
requirements of part (h) below including:
2.13.1 Identification of the procedures and
equipment that will be used by the applicant, the applicant's emissions test
facility or on-site testing company.
2.13.2 For strategies that were determined to
have a propensity to increase emissions of NO2 during
the initial verification process, identification of the reference test units
specified in section 2706, the preconditioning procedures that will be used,
and the determination of backpressure procedures that will be used during
emissions testing.
2.13.3 For
strategies that have a distinct regeneration event, identification of the
procedures that will be used to quantify the regeneration emissions.
2.13.4 Identification of all test cycles and
how many repetitions of each cycle will be performed.
2.13.5 Identification of the type of
dynamometer testing that will be performed or the use of any load banks or
other such devices.
2.13.6
Identification of the procedures that will be used to validate the test
engine(s).
2.13.7 Identification of
the specific sequence of events that will be followed during emissions
testing.
2.13.8 Identification of
the test fuel that will be used during emissions testing and any analytical
procedures that will be used to validate the test fuel.
2.14 Identification of the additional
functional and visual tests that will be performed by the applicant to
demonstrate the continuing functionality and durability of their diesel
emission control strategy, including the criteria that will be used to analyze
the results and determine compliance.
Within 45 days of receipt of any completed testing proposal,
the Executive Officer shall determine whether the applicant has an appropriate
testing proposal to support in-use compliance testing. The in-use testing
proposal will not be considered approved until the Executive Officer issues the
applicant an in-use compliance test plan approval letter. If the Executive
Officer determines that the testing proposal is insufficient or inappropriate,
the applicant must, within 30 days, submit a revised testing proposal.
(e) Selection of Diesel Emission Control
Strategies for Testing. For each diesel emission control strategy family and
for both field and emissions testing, the applicant must propose a
representative sample of ten installed diesel emission control strategies for
in-use compliance testing based on information provided per section 2709(d) for
review and approval by the Executive Officer. The selected diesel emission
control strategies should come from a representative sample of engines or
vehicles equipped with the control strategies. The applicant must provide an
explanation of the methodology used to ensure that the proposed test units are
representative of the engines or vehicles equipped with the applicant's diesel
emission control strategy. This methodology must be based on relevant data
(e.g. cumulative sales information, size distribution, operating conditions,
etc.) and these data must be provided with a detailed explanation for Executive
Officer review and approval. The engines or vehicles equipped with the selected
diesel emission control strategies may receive a tune-up or normal maintenance
prior to the applicant obtaining the diesel emission control strategies for
testing. The applicant must obtain information from the end users regarding the
diesel emission control strategies' accumulated mileage or hours of usage,
maintenance records (to the extent practicable), operating conditions, cleaning
history (if available), and a description of any unscheduled maintenance that
may affect the emission results.
(f) Selection of Test Engines. The Executive
Officer must approve the appropriate emissions test engines or vehicles for
in-use compliance emissions testing. The applicant must provide proposed test
vehicles/engines for the Executive Officer's review in their in-use compliance
emissions testing proposal. If the Executive Officer determines that a diesel
emission control strategy affects the performance of the engine, the Executive
Officer may require the applicant to test the selected diesel emission control
strategy with the engine on which it is installed (e.g. fuel-based strategies).
The applicant may tune-up or rebuild test engines prior to, but not after,
baseline testing unless rebuilding the engine is an integral part of the diesel
emission control strategy. All testing should be performed with the test engine
in a proper state of maintenance. A test engine is generally determined to be
in a proper state of maintenance if its emissions levels are within 10 percent
of its original certification values. Emissions of NO2
from the test engine must not exceed 15 percent of the total baseline NOx
emissions by mass. If there is a special category of engines with
NO2 emission levels that normally exceed 15 percent,
this requirement may be adjusted for those engines at the discretion of the
Executive Officer.
(g) Number of
Diesel Emission Control Strategies to be Tested. The number of diesel emission
control strategies an applicant must test will be determined as follows:
(1) For in-use compliance field testing,
applicants must test a minimum of eight diesel emission control strategies per
family name. For each diesel emission control strategy tested that fails to
meet the requirements of section 2709(m), two more diesel emission control
strategies from the same family must be identified and tested.
(2) For in-use compliance emissions testing,
applicants must test a minimum of four diesel emission control strategies per
family name. For each diesel emission control strategy that fails to meet the
requirements of section 2709(m), two more diesel emission control strategies
from the same family must be obtained and tested.
(3) The total number of strategies tested for
either field or emissions testing shall not exceed ten per diesel emission
control strategy family.
(4) At the
discretion of the Executive Officer, applicants may begin testing more than the
minimum number of diesel emission control strategies. Applicants may concede
failure of their in-use compliance requirements for their diesel emission
control strategy family before testing a total of ten diesel emission control
strategies.
(h) In-Use
Compliance Field Testing. Applicants must propose a test methodology that can
be used in-field to determine if the applicant's diesel emission control
strategy continues to successfully reduce emissions such as a smoke opacity
test that meets the requirements of the Society of Automotive Engineers J1667
test procedures or similar (i.e., portable emissions monitoring system).
Applicants must also perform tests to demonstrate the continuing functionality
and durability of their diesel emission control strategy. Applicants must
identify specific test procedures and inspections that will be used to verify
that all parts of the diesel emission control strategy are intact and
functioning as originally verified (e.g. electronic control units, backpressure
monitors, temperature sensors, hoses, brackets, etc.). These test procedures
and inspections, including proposed criteria that will be used to analyze the
results to determine compliance, must be defined in the applicant's in-use
compliance field testing proposal and receive Executive Officer approval prior
to performing in-use compliance field testing.
(i) In-use Compliance Emissions Testing.
Applicants must follow the test procedures used for emission reduction
verification as described in section 2703 (both baseline and control tests are
required). Applicants must also perform tests to demonstrate the continuing
functionality and durability of their diesel emission control strategy.
Applicants must identify specific test procedures and inspections that will be
used to verify that all parts of the diesel emission control strategy are
intact and functioning as originally verified (e.g. electronic control units,
backpressure monitors, temperature sensors, hoses, brackets, etc.). These test
procedures and inspections, including proposed criteria that will be used to
analyze the results to determine compliance, must be defined in the applicant's
in-use compliance testing proposal and receive Executive Officer approval prior
to performing in-use compliance emissions testing. As provided in section
2709(j), the applicant may request the Executive Officer to review and approve
an alternative testing procedure. If a diesel emission control strategy
verified by U.S. EPA must perform engine dynamometer testing with the
Heavy-duty Transient FTP cycle to fulfill the in-use compliance requirements of
that program, but was verified by the Executive Officer with chassis
dynamometer testing, the Executive Officer will also accept testing with the
Heavy-duty Transient FTP cycle for the in-use compliance requirements of this
Procedure.
(j) Alternative Test
Cycles and Methods. The Executive Officer may consider, on a case by case
basis, an alternative test plan or method for applicants to satisfy the in-use
compliance requirements of this section. For in-use compliance emissions
testing, the proposed alternative test plan must be as scientifically sound as
the testing described in section 2709(i) of the Procedure and it must produce
accurate results that will indicate if the emission control strategy reduces
emissions to the level for which it was verified. For in-use compliance field
testing, the proposed alternative test plan must show that the diesel emission
control strategy continues to function properly and indicate if the strategy is
damaged or compromised in any way. Use of an alternative test procedure must be
approved by the Executive Officer.
(k) In-Use Compliance Report. The applicant
must submit an in-use compliance report to the Executive Officer after either
field or emissions in-use compliance testing. The applicant must submit the
in-use compliance field testing report no later than 18 months after selling or
leasing the 100th unit in the California market, or for entirely fuel-based
strategies, no later than 18 months after meeting the requirements specified in
section 2709(a). The applicant must submit the in-use compliance emissions
testing report no later than 18 months after selling or leasing the 300th unit
in the California market. The following information must be reported for each
of the diesel emission control strategies tested:
(1) Diesel emission control strategy family
name.
(2) Parties involved in
conducting the in-use compliance tests.
(3) Test unit serial number and serial number
of each component of the diesel emission control strategy, installation date,
and manufacture date.
(4) Vehicle
or equipment and type of engine (engine family name, make, model year, model,
displacement, etc.) the diesel emission control strategy was applied
to.
(5) Mileage or hours the diesel
emission control strategy was in use.
(6) Results of all emissions testing or field
testing, documentation of any inspections, and results of all additional tests
defined in the applicant's approved in-use compliance testing
proposal.
(7) Summary of all
maintenance, adjustments, modifications, and repairs performed on the diesel
emission control strategy.
(8)
Results of any quality control and quality assurance procedures for the test
equipment, test procedures, and test facility and identification of all test
equipment.
(9) For in-use
compliance emissions testing, the raw, real-time data for all baseline and
control tests and, if required, the backpressure check specified in section
2706(a)(4)(C). These are the raw data from which emissions test results are
derived. (e.g., analyzer voltage readings recorded at a frequency of 1
Hertz).
(l) The
Executive Officer may request the applicant to perform additional in-use
testing if, at any time, the cumulative number of valid warranty claims for the
same part or component of the diesel emission control strategy exceed four
percent of the cumulative sales or leases for the diesel emission control
strategy family, or based on other relevant information. As noted in section
2707(c), if the cumulative number of valid warranty claims for the same part or
component of a diesel emission control strategy exceed four percent of the
cumulative sales or leases of the diesel emission control strategy family, the
applicant must notify the Executive Officer and submit a warranty report within
30 calendar days of that time.
(m)
Conditions for Passing In-Use Compliance Testing.
(1) In-Use Compliance Field Testing. Each
diesel emission control strategy subject to the in-use compliance field testing
requirements of section 2709(h) passes in-use compliance field testing if:
(A) The strategy meets the average opacity
level or meets the alternative test criteria defined in the applicants in-use
compliance test plan approval letter issued by the Executive Officer,
and
(B) The strategy meets the
additional functional and visual test requirements defined in the applicant's
in-use compliance test plan approval letter issued by the Executive officer.
If the first eight diesel emission control strategies tested
within a diesel emission control strategy family meet these standards, the
diesel emission control strategy family passes in-use compliance field testing.
If any of the first eight diesel emission control strategies tested within a
diesel emission control strategy family fail to meet these standards, and more
than eight units are tested, at least nine units tested must meet these
standards for the diesel emission control strategy family to pass in-use
compliance field testing.
(2) In-Use Compliance Emissions Testing. Each
diesel emission control strategy subject to the in-use compliance emissions
testing requirements of section 2709(i) passes in-use compliance emissions
testing if:
(A) Emission test results
indicate that the strategy reduced emissions by at least 90 percent of the
lower bound of the emission reduction level the Executive Officer originally
verified it to, and,
(B) If
required, the strategy meets the additional functional and visual test
requirements defined in the applicant's in-use compliance test plan approval
letter issued by the Executive officer, and
(C) If required, the strategy meets the
requirements of section 2706(a) with the exception that the strategy does not
increase emissions of NO
2 by more than an increment
equivalent in mass to 33 or 22 percent of the baseline NOx emission level for
systems verified under the 30 or 20 percent NO
2 limits,
respectively.
If the first four diesel emission control strategies tested
within a diesel emission control strategy family meet these standards, the
diesel emission control strategy family passes in-use compliance emissions
testing. If any of the first four diesel emission control strategies tested
within a diesel emission control strategy family fail to meet these standards,
and more than four units are tested, at least 70 percent of all units tested
must meet these standards for the diesel emission control strategy family to
pass in-use compliance emissions testing. Within 30 days of a test unit failing
to meet the requirements of section 2709(m)(1) or section 2709(m)(2), the
applicant must submit to the Executive Officer an investigative report
detailing the causes of the failure and if necessary, a new in-use compliance
testing proposal compliant with section 2709(d) for approval requesting
additional test units. The Executive Officer shall, within 45 days of its
receipt, determine whether the in-use compliance testing proposal is
acceptable. After receiving approval from the Executive Officer, the applicant
must complete testing.
(n) Failure of In-use Compliance Testing. If
a diesel emission control strategy family does not meet the minimum in-use
compliance requirements of this section, the applicant must submit a remedial
report within 90 days after the in-use compliance report is submitted. The
remedial report must include:
(1) Summary of
the in-use compliance report.
(2)
Detailed analysis of the failed diesel emission control strategies and possible
reasons for failure.
(3) Remedial
measures to correct or replace failed diesel emission control strategies as
well as the rest of the strategies in the diesel emission control strategy
family.
(o) The
Executive Officer shall evaluate the remedial report, annual warranty report,
and all other relevant information to determine if the diesel emission control
strategy family satisfies the in-use compliance requirements. The Executive
Officer may request additional information from the applicant. Based on this
review, the Executive Officer may lower the verification level or revoke the
verification status of a verified diesel emission control strategy family. The
Executive Officer may also lower the verification level or revoke the
verification status of a verified diesel emission control strategy family, if
the applicant does not conduct in-use compliance testing or fails to adhere to
the recall provisions in accordance with this section, or if the Executive
Officer conducts in-use compliance testing in accordance with this section
(including alternative testing) and the diesel emission control strategy family
does not pass the standards in this section.
(p) Recall Provisions. If the Executive
Officer determines after a review of an applicant's in-use compliance report,
remedial report, warranty report, enforcement testing results, or any other
information that a diesel emission control strategy family: has the potential
to experience catastrophic failure or other safety related failure, fails to
meet the conditions for passing in-use compliance testing as defined in section
2709(m), has valid warranty claims in excess of four percent as defined in
section2707(c), or a substantial number of units experience a failure of an
operational feature, the Executive Officer may require a recall. In the event
of a recall the Executive Officer shall provide notification to the applicant
that includes a description of the nature of the failure or warrantable
condition, the factual basis for the determination, and shall designate a date
at least 60 days from the date of receipt of such notification by which the
applicant shall submit a recall plan for review and approval to address the
failures or warrantable condition. Recalls must address all diesel emission
control strategies within a specific diesel emission control strategy family
and may include all diesel emission control strategies sold as California
verified. Each recall plan must be approved by the Executive Officer in
writing.
(q) Recall Plan. At a
minimum, an applicant's recall plan shall contain the following information
unless otherwise specified in the notification:
(1) A description of each diesel emission
control strategy subject to the recall including the number of units to be
recalled, the emission control group(s) affected, and any information required
to identify the recalled units.
(2)
A description of the type and nature of the failure or warrantable condition
and the specific modifications, design changes, alterations, repairs,
adjustments, or other changes to be made to correct the failures or warrantable
condition with a description of the technical studies, data, or other
information which support the applicant's decision regarding specific
corrections to be made. If any modification requires a design change per
section 2702(j) the recall plan must include a complete preliminary
verification application per the requirements of section 2702(b).
(3) A description of the method by which the
applicant will determine the names and addresses of the end users and the
applicant's methods and schedule for notifying the end users, service
facilities, and distributors.
(4)
A description of the procedure to be followed by the end users to correct the
failures or warrantable condition. This shall include the date on or after
which the end user can have the failures or warrantable condition remedied, the
time necessary to perform the remedy, and the designation of facilities at
which the remedy can be performed.
(5) The plan may specify the maximum
incentives (such as device cleaning or specified quantity of diesel fuel), if
any, the applicant will offer to induce vehicle or equipment owners to present
their diesel emission control strategies for repair, as evidence that the
manufacturer has made a good faith effort to repair or replace all the diesel
emission control strategies in the plan. The plan shall include a schedule for
implementing actions to be taken including identified increments of progress
towards implementation and deadlines for completing each such
increment.
(6) A copy of the letter
of notification to be sent to the end users.
(7) A description of the system by which the
applicant will assure that an adequate supply of parts will be available to
perform any repairs under the recall plan, including the date by which an
adequate supply of parts will be available to initiate the repair or
replacement campaign, and the method to be used to assure that the supply
remains both adequate and responsive to end user demand.
(8) A copy of all necessary instructions to
be sent to those persons who perform the replacement or repair.
(9) A description of the impact the proposed
replacement or repairs will have on the vehicle, equipment, or engine
including: exhaust backpressure, exhaust temperature, durability, regeneration,
maintenance, fuel economy, drivability, performance, safety, warranty, and a
summary of the data and technical studies used to support such
determinations.
(r)
Reporting Requirements. Unless otherwise specified by the Executive Officer,
the manufacturer shall report on the progress of a recall campaign by
submitting subsequent reports for six consecutive quarters commencing with the
quarter after the recall campaign begins. Such reports shall be submitted no
later than 25 days after the close of each calendar quarter to:
Chief
Mobile Source Control Division
9528 Telstar Avenue, El Monte, California 91731
(s) The Executive Officer may lower the
verification level or revoke the verification status of a verified diesel
emission control strategy family if the applicant fails to observe the
requirements of sections 2706, 2707, or 2709. The Executive Officer must allow
the applicant an opportunity to address the possible lowering or revocation of
the verification level in a remedial report to the Executive Officer and the
Executive Officer may make this determination based on all relevant
information. In addition, an applicant that fails to submit a recall plan as
requested by the Executive Officer or to complete the requirements of an
approved recall plan, including the reporting requirements, may be subject to
civil penalties as specified in state law and regulations, including, but not
limited to, Health and Safety Code Sections
39600,
39660,
and
39674.