Section 2761 - Emission-Related Defect and Production Volume Reporting Requirements(a) Applicability. This section applies to evaporative emission control systems on 2007 model year and later small off-road engines and equipment that use small off-road engines. The requirement to report evaporative emission-related defects affecting a given evaporative family will remain applicable for five years from the end of the calendar year in which the affected evaporative family was manufactured.(b) A Holder must file a defect information report whenever, on the basis of data obtained subsequent to the effective date of these regulations: (1) The Holder determines, in accordance with procedures established by the Holder to identify either safety-related or performance defects, that a specific evaporative emission-related defect exists; and(2) A specific evaporative emission-related defect exists in 25 or more evaporative emission control systems of a given evaporative family manufactured under the same Executive Order or in the same model year.(c) No report must be filed under this section for any evaporative emission-related defect corrected prior to the sale of the affected engines or equipment to ultimate purchasers.(d) The Holder must submit defect information reports to Chief, Emissions Certification and Compliance Division, California Air Resources Board, 4001 Iowa Street, Riverside, CA 92507, not more than 15 working days after an emission-related defect is found to affect 25 or more evaporative emission control systems certified under the same Executive Order or in the same model year, unless otherwise directed by the Executive Officer. Information required by subsection (e) of this section that is either not available within 15 working days or is significantly revised must be submitted to the Executive Officer as it becomes available.(e) Each defect report must contain the following information:(1) The Holder's corporate name.(2) A description of the defect.(3) A description of each evaporative family potentially affected by the defect including make, model, model year, calendar year produced, and any other information required to identify the engines affected.(4) For each evaporative family described in response to subsection (d) of this section, the following must also be provided:(A) The number of evaporative emission control systems known or estimated to have the defect and an explanation of the means by which this number was determined.(B) The address of the plant(s) at which the potentially defective evaporative emission control systems were produced.(5) An evaluation of the evaporative emissions impact of the defect and a description of any operational problems that a defective evaporative emission control system might exhibit.(6) Available evaporative emission data that relate to the defect.(7) An indication of any anticipated Holder follow-up.(f) End-of-Year and Final Production Volume Reports. (1) A Holder shall submit end-of-year and final production volume reports for all of the Holder's evaporative families. End-of-year and final production volume reports must indicate the production volume for each evaporative family. Production volume must be provided for each equipment type by engine family and fuel tank volume within each evaporative family.(2)(A) Unless otherwise approved or specified by the Executive Officer, end-of-year production volume reports must be submitted within 90 days after the end of the model year to: Chief, Emissions Certification and Compliance Division, California Air Resources Board, 4001 Iowa Street, Riverside, CA 92507.(B) Unless otherwise approved or specified by the Executive Officer, final production volume reports must be submitted within 270 days after the end of the model year to: Chief, Emissions Certification and Compliance Division, California Air Resources Board, 4001 Iowa Street, Riverside, CA 92507.(3) Failure by a Holder to submit any end-of-year or final production volume reports in the specified time for any evaporative family subject to this Article is a violation of this section for each engine or equipment in the evaporative family covered by the report.(4) Errors discovered by CARB or the Holder in the end-of-year production volume report may be corrected in the final production volume report.(5) Reports submitted to meet the requirements of section 2754.1 of this Article may be used to meet the requirements of this section.(6) A report submitted to CARB to meet the requirements of section 1054.250 of the "California Exhaust Emission Standards and Test Procedures for New 2013 and Later Small Off-Road Engines; Engine-Testing Procedures (Part 1054)," adopted October 25, 2012, and amended January 1, 2023, for an engine family may be used to meet the requirements of this section for an evaporative family that is equivalent to the engine family.Cal. Code Regs. Tit. 13, § 2761
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment of section heading and section filed 11-13-2017; operative 1-1-2018 (Register 2017, No. 46).
3. Amendment of subsections (d), (f)(2)(A)-(B) and (f)(6) filed 9-14-2022; operative 1-1-2023 (Register 2022, No. 37). Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment of section heading and section filed 11-13-2017; operative 1/1/2018 (Register 2017, No. 46).
3. Amendment of subsections (d), (f)(2)(A)-(B) and (f)(6) filed 9-14-2022; operative 1/1/2023 (Register 2022, No. 37).