Cal. Code Regs. tit. 13 § 2146

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 2146 - Emissions Information Report
(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.

Cal. Code Regs. Tit. 13, § 2146

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.

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.