§ 2702. Application Process.

(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.

HISTORY

1. New section filed 5-12-2003; operative 6-11-2003 (Register 2003, No. 20).

2. Amendment of subsections (b) and (b)(2) and new subsections (b)(2)(A)-(C) and (b)(5) filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).

3. Amendment of subsections (f)-(h) filed 2-9-2007; operative 2-9-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 6).

4. Amendment filed 1-20-2009; operative 2-19-2009 (Register 2009, No. 4).

5. Change without regulatory effect amending subsections (h) and (m) filed 6-29-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 27).

6. New subsection (b)(5)(D), amendment of subsections (c), (d), (h), (j)-(k) and (m)-(m)(1), new subsection (m)(2), amendment of subsections (o) and (q) and amendment of Note filed 1-18-2011; operative 2-17-2011 (Register 2011, No. 3).

7. Amendment of section and Note filed 8-15-2013; operative 10-1-2013 (Register 2013, No. 33).

Note

Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43012, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000.