Cal. Code Regs. tit. 13 § 2467.9

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 2467.9 - Records and Reports

(a) A manufacturer shall establish, maintain, and retain the following adequately organized and indexed records for each product family:

(1) ARB Executive Order,

(2) Projected sales volume for the year, and

(3) Records appropriate to establish the quantities of portable fuel container systems that constitute eligible sales for each product family.

(b) The manufacturer shall retain all records required to be maintained under this section for a period of eight years from the due date for the end-of-model year report. Records may be retained as hard copy, CD-ROM, diskettes, and so forth, depending on the manufacturer's record retention procedure; provided, that in every case all information contained in the hard copy is retained.

(c) A manufacturer shall submit all information requested by the Executive Officer within 30 days of the date of such request.

(d) The Executive Officer may revoke or suspend the Executive Order for a product family for which the manufacturer fails to retain the records required in this section or to provide such information to the Executive Officer upon request. No new Executive Orders will be issued to the manufacturer until the requested records are made available and/or a plan that describes the records to be retained as required by this section is approved by the Executive Officer.

(e) A manufacturer shall submit a sales report within 90 days following the end of the calendar year to: Chief, Monitoring and Laboratory Division, Air Resources Board, 1927 13th Street, Sacramento, CA 95811. The sales reports must indicate the Executive Order number and the actual California sales volume for each model in the product family listed on the Executive Order throughout that year. If the actual sales volume is not able to be determined, provide the estimated California sales volume and a description of how the sales were estimated.

(f) Errors discovered by ARB or the manufacturer in the sales report must be corrected and resubmitted as an amended report within 60 days of receipt of notice of errors from ARB or discovery by the manufacturer.

(g) Failure by a manufacturer to submit a sales report in the specified time for any portable fuel container system subject to regulation under this section is a violation of this section for each portable fuel container system covered by the report.

Cal. Code Regs. Tit. 13, § 2467.9

1. New section filed 9-11-2006; operative 10-11-2006 (Register 2006, No. 37).
2. Renumbering of former section 2467.9 to section 2467.8 and new section 2467.9 filed 2-2-2017; operative 4-1-2017 (Register 2017, No. 5).

Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).