Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A manufacturer shall file an emissions
information report:
(1) For 1990 and
subsequent model-year vehicles or engines and 2020 and subsequent model-year
trailers, when the failure of a specific emission-related component exceeds the
percentages specified in section
2143 of these procedures. An
emissions information report shall not be required sooner than 45 days after
the field information report has been submitted to the Executive Officer, but
must be submitted within 90 days of exceeding the reporting
threshold.
(2) Within 45 days of
the Executive Officer, with cause, requiring such a report. For purposes of
this section, "cause" shall be based upon any information in ARB possession
which indicates that a failure of significant scope is occurring which might
necessitate a recall, including but not limited to the in-use enforcement test
results specified in section
2140(a) above,
and information gathered from ARB in-use surveillance activities, Smog Check
inspections, and consumer complaints.
(3) For 1982 through 1989 model-year vehicles
or engines, not more than 15 days after a specific emission-related defect is
determined to exist in 25 or more vehicles or engines of the same model year. A
defect shall be determined in accordance with procedures established by a
manufacturer to identify safety-related defects.
(b) No emissions information report shall be
required if a manufacturer has committed to perform a recall by notifying the
ARB of its intent in writing after the failure of a specific emission-related
component exceeds the percentages specified in section
2143 of these procedures. A recall
plan shall be submitted within 45 days of the manufacturer's notification of
intent to perform a recall.
(c) All
emissions information reports shall be submitted to the Chief, Emissions
Certification and Compliance Division, 4001 Iowa Ave, Riverside, CA 92507, and
shall contain the following information in substantially the format outlined
below. For purposes of this section, the term "failure" shall be considered
synonymous with the term "defect" for those emissions information reports filed
pursuant to subsection (a)(3), above.
(1) The
manufacturer's corporate name.
(2)
The field information report number from which the failure was first reported,
if applicable.
(3) A description of
each class or category of California-certified vehicles, engines, or trailers
affected by the failure including make, model, model-year, engine family, test
group, vehicle family, or trailer family, and such other information as may be
required to identify the vehicles, engines, or trailers affected.
(4) A description of the emission-related
component that failed, the failure and the probable cause of failure.
(5) A description of any driveability
problems or impact on other vehicle, engine, or trailer performance factors
such as fuel economy and cold starting likely to result from the
failure.
(6) For emissions
information reports filed pursuant to section
2146(a)(1) and
(2), a description of how emissions will be
affected over the useful life of the vehicles, engines, or trailers due to the
failure.
(7) For emissions
information reports filed pursuant to section
2146(a)(1) or (2)
for 2024 and later model year California-certified heavy-duty diesel and
Otto-cycle engines, and heavy-duty vehicles, and section
2146(a)(3), an
evaluation of the emission impact of the failure and any available emission
data which relate to the failure.
(8) For emissions information reports filed
pursuant to section
2146(a)(1) and
(2) for 2024 and later model year
California-certified heavy-duty diesel and Otto-cycle engines, and heavy-duty
vehicles, a description of the manufacturer's corrective action plan and an
approximate corrective action implementation date.
1. New
section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2.
Amendment of subsections (c) and (c)(3) filed 10-28-99; operative 11-27-99
(Register 99, No. 44).
3. 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, 39500, 39600, 39601, 43000.5, 43013, 43018, 43105, 43204, 43205.5 and
43214 Health and Safety Code. Reference: Sections
38501,
38505,
38510,
38560,
43000,
43009.5,
43018,
43101,
43104,
43105,
43106,
43107
and
43204-
43205.5,
Health and Safety Code.
