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HEALTH AND SAFETY CODE

Division 26 Air Resources

§ 41960.2. Maintenance of vapor control system; Identification of equipment defects

(a) All installed systems for the control of gasoline vapors resulting from motor vehicle fueling operations shall be maintained in good working order in accordance with the manufacturer's specifications of the system certified pursuant to Section 41954.

(b) Whenever a gasoline vapor recovery control system is repaired or rebuilt by someone other than the original manufacturer or its authorized representative, the person shall permanently affix a plate to the vapor recovery control system that identifies the repairer or rebuilder and specifies that only certified equipment was used. In addition, a rebuilder of a vapor control system shall remove any identification of the original manufacturer if the removal does not affect the continued safety or performance of the vapor control system.

(c)(1) The executive officer of the state board shall identify and list equipment defects in systems for the control of gasoline vapors resulting from motor vehicle fueling operations that substantially impair the effectiveness of the systems in reducing air contaminants. The defects shall be identified and listed for each certified system and shall be specified in the applicable certification documents for each system.

(2) On or before January 1, 2001, and at least once every three years thereafter, the list required to be prepared pursuant to paragraph (1) shall be reviewed by the executive officer at a public workshop to determine whether the list requires an update to reflect changes in equipment technology or performance.

(3) Notwithstanding the timeframes for the executive officer's review of the list, as specified in paragraph (2), the executive officer may initiate a public review of the list upon a written request that demonstrates, to the satisfaction of the executive officer, the need for such a review. If the executive officer determines that an update is required, the update shall be completed no later than 12 months after the date of the determination.

(d) When a district determines that a component contains a defect specified pursuant to subdivision (c), the district shall mark the component "Out of Order." No person shall use or permit the use of the component until the component has been repaired, replaced, or adjusted, as necessary, and the district has reinspected the component or has authorized use of the component pending reinspection.

(e) Where a district determines that a component is not in good working order but does not contain a defect specified pursuant to subdivision (c), the district shall provide the operator with a notice specifying the basis on which the component is not in good working order. If, within seven days, the operator provides the district with adequate evidence that the component is in good working order, the operator shall not be subject to liability under this division.


Added Stats 1981 ch 902 § 6, effective September 28, 1981; Amended Stats 1985 ch 509 § 2.
Amended Stats 1987 ch 592 § 1; Stats 1999 ch 501 § 1 (AB 1164).
References at the time of publication (see page iii):
Regulations: 17, CCR, sections 94006, 94010, 94011

ANNOTATIONS

Amendments:

1985 Amendment:
(1) Added subd (b); and (2) redesignated former subds (b)-(d) to be subds (c)-(e).

1987 Amendment:
Substituted "subdivision (c)" for "subdivision (b)" in subds (d) and (e).

1999 Amendment:
(1)Amended subd (b) by substituting (a) "that" for "which" after "control system" in the first sentence; and (b) "if" for "where" after "original manufacturer" in the second sentence; and (2) substituted subd (c) for former subd (c) which read: "(c) The state board shall identify equipment defects in systems for the control of gasoline vapors resulting from motor vehicle fueling operations which substantially impair the effectiveness of the systems in reducing air contaminants."
Cross References:
Operations of systems: H & S C § 41960.1
Complaints: H & S C § 41960.3
Posting of operating instructions: H & S C § 41960.4

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