the emissions data report contains material misstatement or otherwise does not conform with the requirements of this article.
The lead verifier in the verification team shall attest that the verification team has carried out all verification services as required by this article, and the lead verifier who has conducted the independent review of verification services and findings specified in section 95131(c)(1) shall attest to his or her independent review on behalf of the verification body and his or her concurrence with the verification findings.
Prior to the verification body providing an adverse verification opinion to the ARB, the operator shall be provided at least ten working days to modify the emissions data report to correct any material misstatement or nonconformance found by the verification team. The modified report and verification opinion must be submitted to ARB before the applicable verification deadline, unless the operator makes a request to the Executive Officer as provided below in section 95131(c)(3)(A).
If the operator and the verification body cannot reach agreement on modifications to the emissions data report that result in a positive verification opinion, the operator may petition the ARB Executive Officer to make a final decision as to the verifiability of the submitted emissions data report.
If the Executive Officer determines that the emissions data report does not meet the standards and requirements specified in this article, the operator shall have the opportunity to submit within thirty days of the date of this decision any emissions data report revisions that address the Executive Officer’s determination, for re-verification of the emissions data report. In re-verifying a revised emissions data report, the verification body and verification team shall be subject to the requirements in section 95131(c)(1)-(2).
Upon provision of the verification opinion to ARB, the emissions data report shall be considered final and no changes shall be made except as provided in section 95104(d)(3). All verification requirements of this article shall be considered complete.
If the Executive Officer finds a high level of conflict of interest existed between a verification body and an operator, or an emissions data report that received a positive verification opinion fails an ARB audit, the Executive Officer may set aside the positive verification opinion submitted by the verification body.
(f) Upon request by the Executive Officer the operator shall provide the data used to generate an emissions data report, including all data available to a verifier in the conduct of verification services. ARB may also review the full verification report