California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 2 - Enforcement of Vehicle Emission Standards and Surveillance Testing › Article 2.3 - In-Use Vehicle Enforcement Test Procedures › Section 2139 - Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After the vehicles or trailers have been accepted and
					 restorative maintenance, if any, has been performed, the ARB or its designated
					 laboratory shall perform the applicable emission tests pursuant to the
					 following:
(a) For passenger cars and
				  light-duty trucks, in-use compliance emission tests shall be performed pursuant
				  to section
				  1960.1,
				  1961,
				  1961.2,
				  1961.3, or
				  1961.4, Title 13, California Code
				  of Regulations, as applicable.
(b)
				  For medium-duty vehicles certified according to the chassis standards and test
				  procedures specified in section
				  1960.1,
				  1961,
				  1961.2,
				  1961.3, or
				  1961.4, Title 13, California Code
				  of Regulations and the documents incorporated by reference therein, in-use
				  compliance emission tests shall be performed pursuant to section
				  1960.1,
				  1961,
				  1961.2,
				  1961.3, or
				  1961.4, Title 13, California Code
				  of Regulations, as applicable.
For medium-duty vehicles certified according to the
					 Greenhouse Gas emission standards of section
					 95663, Title 17, California Code
					 of Regulations, and the documents incorporated by reference therein, in-use
					 compliance emission tests shall be performed pursuant to section
					 95663, Title 17, California Code
					 of Regulations, as applicable.
(c) For medium-duty engines and vehicles
				  certified according to the optional engine test procedures specified in section
				  1956.8, Title 13, California Code
				  of Regulations and the documents incorporated by reference therein, in-use
				  compliance emission tests shall be performed pursuant to one of the following
				  procedures:
For medium-duty engines and vehicles certified to the
					 Greenhouse Gas emission standards in sections
					 1956.8(a)(7) and
					 1956.8(h)(6),
					 Title 13, California Code of Regulations, in-use compliance emission tests
					 shall be performed pursuant to one of the following procedures:
(1) The engines of medium-duty vehicles may
				  be tested pursuant to the engine test procedures specified in section
				  1956.8, provided that the
				  manufacturer or its designated laboratory conduct procurement and enforcement
				  testing pursuant to Sections
				  2136 through
				  2140, Title 13, California Code of
				  Regulation, at the manufacturer's expense.
For manufacturers that have only one engine family or test
					 group, the manufacturer or its designated laboratory that have more than one
					 engine family or test group, the manufacturer or its designated laboratory
					 shall procure no more than fifteen vehicles per engine family or test group.
					 For manufacturers that have more than one engine family or test group, the
					 manufacturer or its designated laboratory shall procure and test at the
					 manufacturer's expense no more than one-third of its engine families or test
					 groups and no more than fifteen vehicles from each engine family or test group.
					 For the purposes of this section, "one-third" of a manufacturer's engine
					 families or test groups shall be determined by dividing the number of distinct
					 engine families or test groups by three, adding 0.5, and truncating the result
					 to the nearest whole number.
The specific engine families or test groups subject to
					 enforcement testing shall be selected by the ARB. The manufacturer or its
					 designated laboratory shall begin the engine procurement process within 10
					 working days of notification by the ARB and shall complete testing within 100
					 working days of notification by the ARB. The Executive Officer shall approve
					 the manufacturer's procurement procedures in advance of their use by the
					 manufacturer. The Executive Officer shall approve a manufacturer's procurement
					 procedures if engines are screened according to the criteria specified in
					 section 2137, Title 13, California Code of
					 Regulations and selected randomly from registration records compiled and
					 prepared by R. L. Polk and Company or a comparable source. In addition, no
					 vehicle shall be selected for enforcement testing with mileage less than 60
					 percent of the useful-life mileage without prior approval from the Executive
					 Officer. The manufacturer shall permit an ARB representative to witness
					 procurement, restorative maintenance, and enforcement testing. The Executive
					 Officer shall have the authority to accept or reject a test engine based upon
					 criteria specified in section
					 2137. Once an engine has been
					 tested and determined to be in compliance with the current in-use emission
					 standards, no further testing will be performed on subsequent engine families
					 or test groups that carry-over the durability data of the tested engine family
					 or test group.
Notwithstanding the above, if a manufacturer fails to
					 demonstrate compliance with the emission standards after one-third of its
					 engine families or test groups have been tested, additional engine families or
					 test groups shall be tested, by the manufacturer or its designated laboratory,
					 at the manufacturer's expense, until compliance is demonstrated on one-third of
					 the engine families or test groups or all of a manufacturer's engine families
					 or test groups have been tested. In addition, any engine family or test group
					 which has been tested and determined to be in noncompliance shall be retested
					 by the manufacturer each subsequent year until compliance with the applicable
					 emission standards has been demonstrated. Notwithstanding the above, the ARB
					 may conduct engine enforcement testing pursuant to the engine test procedures
					 specified in section
					 1956.8, at their own
					 expense.
(2) Medium-duty
				  vehicles may be tested according to the chassis test procedures specified in
				  section 1960.1(k),
				  1961,
				  1961.2, or
				  1961.4, Title 13, California Code
				  of Regulations or section
				  95663, Title 17, California Code
				  of Regulations, as applicable, if a manufacturer develops correlation factors
				  which establish the relationship between engine and chassis testing for each
				  engine family or test group and submits these correlation factors within one
				  year after the beginning of production. The correlation factors shall be
				  applied to the measured in-use engine exhaust emission data to determine the
				  in-use engine exhaust emission levels. All correlation factors and supporting
				  data included in a manufacturer's application must be submitted to and approved
				  by the Executive Officer in advance of their use by a manufacturer. Correlation
				  factors intended to apply to a specific engine family or test group shall be
				  applicable for each vehicle model incorporating that specific engine.
				  Manufacturers shall submit test data demonstrating the applicability of the
				  correlation factors for vehicle models comprising a minimum of 80 percent of
				  their engine sales for that specific engine family or test group. The
				  correlation factors for the remaining fleet may be determined through an
				  engineering evaluation based upon a comparison with similar vehicle models. The
				  Executive Officer shall approve a submitted correlation factor if it accurately
				  corresponds to other established empirical and theoretical correlation factors
				  and to emission test data available to the Executive Officer.
A manufacturer may choose to use the results from the
					 chassis in-use testing as a screening test. If an engine family or test group
					 does not demonstrate compliance with any of the applicable in-use engine
					 standards, as determined from the chassis test data and the applied correlation
					 factors, the manufacturer shall be subject to the requirements and cost of
					 in-use compliance engine testing, as specified in section
					 2139(c)(1). The
					 manufacturer shall be subject to engine testing for any non-complying engine
					 family or test group for each subsequent year until compliance with the engine
					 emission standards is demonstrated.
Subsequent to approval of the correlation factors, the
					 Executive Officer may make a determination that the original correlation
					 factors are not valid. Such a determination may be based upon in-use emission
					 data, including chassis and engine testing. Upon determination that the
					 correlation factors for a specific engine family or test group are not valid,
					 the manufacturer of the engine family or test group shall be subject to the
					 enforcement testing requirements and costs of in-use compliance engine testing,
					 as specified in section
					 2139(c)(1).
(3) The manufacturer shall choose one of the
				  procedures specified in subsections (c)(1) through (c)(2). The Executive
				  Officer shall permit the use of alternative test procedures if the Executive
				  Officer determines the alternative test procedure adequately predicts the
				  exhaust emissions from the engine test procedure specified in section
				  1956.8, Title 13, California Code
				  of Regulations. Such a determination may be based upon correlation with test
				  data from the engine test procedures.
(4) The time limits specified in subsections
				  (c)(1) and (c)(2) may be extended by the Executive Officer if the manufacturer
				  demonstrates that the time limits specified could not be achieved due to
				  reasons beyond the reasonable control of the manufacturer.