California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 2 - Enforcement of Vehicle Emission Standards and Surveillance Testing › Article 2.2 - Procedures for in-Use Vehicle Ordered Recalls › Section 2130 - Capture Rates and Alternative Measures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The manufacturer shall comply with the capture rate
					 specified in the recall plan as determined pursuant to section
					 2125(b)(6),
					 above, within six consecutive quarters beginning with the quarter in which the
					 notification of vehicle, engine, or trailer owners was initiated. If, after
					 good faith efforts, the manufacturer cannot correct the percentage of vehicles
					 or trailers specified in the plan by the applicable deadlines and cannot take
					 other measures to bring the engine family, test group, vehicle family, or
					 trailer family into compliance with the standards, the manufacturer shall
					 propose mitigation measures to offset the emissions of the unrepaired vehicles
					 or trailers within 45 days from the last report filed pursuant to section
					 2133(c), below.
					 The Executive Officer shall approve such measures provided that:
(a) the emission reductions from the recalled
				  and repaired vehicles, engines, or trailers and the mitigation measures are
				  equivalent to achieving the capture rate; and
(b) the emission reductions from the
				  mitigation measures are real and verifiable; and
(c) the mitigation measures are implemented
				  in a timely manner.
1. New
					 section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2.
					 Amendment of NOTE filed 1-26-95; operative 1-26-95 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 95, No. 4). Note: Under section
					 209(e)(2) of the
					 Federal Clean Air Act (42
					 U.S.C. §
												7543(e)(2)),
					 California is required to receive authorization from the Administrator of the
					 U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its
					 regulations regarding new off-road vehicles and engines. Accordingly, the Air
					 Resources Board will not seek to enforce the off-highway recreational vehicle
					 regulations until such time as it receives authorization from the U.S.
					 EPA.
3. Amendment of first paragraph filed 10-28-99; operative
					 11-27-99 (Register 99, No. 44).
4. Amendment of section and NOTE
					 filed 12-22-2021; operative 4-1-2022 (Register 2021, No. 52). Transmission
					 deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						38501,
						38505,
						38510,
						38560,
						39600,
						39601,
						43013,
						43018
						and
						43105,
						Health and Safety Code. Reference: Health and Safety Code Sections
						38501,
						38505,
						38510,
						38560,
						43000,
						43009.5,
						43013,
						43018,
						43101,
						43104,
						43105,
						43106,
						43107
						and
						43204-
						43205.5,
						Health and Safety Code.