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 2140 - Notification and Use of Test Results

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Executive Officer shall notify the manufacturer in writing if the in-use
				  vehicle or trailer enforcement test results indicate that the test fleet
				  contains three or more failures of the same emission-related component. Upon
				  receipt of the notification, the manufacturer shall submit an emissions
				  information report in accordance with title 13, California Code of Regulations,
				  sections 2146 and
				  2147. The engine family, test
				  group, vehicle family, trailer family, or sub-group manufacturer shall be
				  subject to recall when a specific emission-related failure occurred in three or
				  more test vehicles or trailers, unless the Executive Officer determines from
				  the emissions information report that a recall is unnecessary.
(b) If the results of the in-use vehicle or
				  trailer emission tests conducted pursuant to section
				  2139 indicate that the average
				  emissions of the test vehicles or trailers for any pollutant exceed the
				  applicable emission standards specified in title 13, California Code of
				  Regulations, sections
				  1960.1,
				  1961,
				  1961.2,
				  1961.3,
				  1961.4,
				  1956.8,
				  1958,
				  2412,
				  2423 or
				  2442 or in title 17, California
				  Code of Regulations, section
				  95663, the entire vehicle or
				  trailer population so represented shall be deemed to exceed such standards. The
				  Executive Officer shall notify the manufacturer of the test results and upon
				  receipt of the notification, the manufacturer shall have 45 days to submit an
				  influenced recall plan in accordance with sections
				  2113 through
				  2121, title 13, California Code of
				  Regulations. If no such recall plan is submitted, the Executive Officer may
				  order corrective action including recall of the affected vehicles or trailers
				  in accordance with sections
				  2122 through
				  2135, title 13, California Code of
				  Regulations.
(c) For purposes of
				  determining compliance with the test procedures in title 13, California Code of
				  Regulations, section
				  2139.5, an engine family is
				  considered a failure if any of the following conditions occur:
(1) for diesel engines, at least three
				  vehicles tested exceed the three-bin moving average window (3B-MAW) in-use
				  threshold for the same bin and pollutant.
(2) for diesel engines, the arithmetic mean
				  of the Sum-Over-Sum emissions defined in "California Exhaust Emission Standards
				  and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and
				  Vehicles"40 CFR section
				  86.1370.B.6.6, calculated across the 10
				  tested vehicles for each individual pollutant and bin, exceed the in-use
				  threshold.
(3) for Otto-cycle
				  engines, at least three vehicles tested exceed the moving average window (MAW)
				  in-use threshold for the same pollutant.
(4) for Otto-cycle engines, the arithmetic
				  mean of the Sum-Over-Sum emissions defined in "California Exhaust Emission
				  Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty
				  Otto-Cycle Engines and Vehicles"40 CFR section 86.1370.B.1.4 and
				  section 86.1370.B.1.5 (if applicable),
				  calculated across the 10 test vehicles for each individual pollutant, exceed
				  the in-use threshold.