1. (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.
2. (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.

3. (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. (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. (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. (3) for Otto-cycle engines, at least three vehicles tested exceed the moving average window (MAW) in-use threshold for the same pollutant.
   4. (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.

4. (d) For purposes of determining compliance with the test procedures in Title 13, California Code of Regulations, section 2139, a medium-duty vehicle test group is considered a failure if any of the following conditions occur:

   1. (1) for medium-duty vehicles that use a diesel engine, at least three vehicles tested exceed the three-bin moving average window (3B-MAW) in-use threshold for the same bin and pollutant.
   2. (2) for medium-duty vehicles that use a diesel engine, the arithmetic mean of the Sum-Over-Sum emissions as defined in Part I, Subpart I, Section 4 of the “California 2026 and Subsequent Model Year Criteria Pollutant Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” incorporated by reference in section 1961.4, calculated across the 10 tested vehicles for each individual pollutant and bin, exceed the in-use threshold.
   3. (3) for medium-duty vehicles that use an Otto-cycle engine, at least three vehicles tested exceed the moving average window (MAW) in-use threshold for the same pollutant.
   4. (4) for medium-duty vehicles that use an Otto-cycle engine, the arithmetic mean of the Sum-Over-Sum emissions as defined in Part I, Subpart I, Section 4 of the “California 2026 and Subsequent Model Year Criteria Pollutant Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” incorporated by reference in section 1961.4, calculated across the 10 tested vehicles for each individual pollutant, exceed the in-use threshold.

Unless and until a court of competent jurisdiction issues a final ruling that H.J. Res. 88 (119th Congress) and H.J. Res. 89 (119th Congress) are invalid or that the waivers U.S. EPA granted California on January 6, 2025, 90 Federal Register 642 and 90 Federal Register 643, are in effect, regulated parties may choose to follow either this section 2140 or section 2140.0.1.

However, if a court of competent jurisdiction issues a final ruling that H.J. Res. 88 (119th Congress) and H.J. Res. 89 (119th Congress) are invalid or that the waivers U.S. EPA granted California on January 6, 2025, 90 Federal Register 642 and 90 Federal Register 643, are in effect, the regulated parties are subject to the requirements of this section 2140 to the extent consistent with the court's final ruling. Notice of the court's ruling will be posted on CARB's website, https://arb.ca.gov.

Note: Authority cited: Sections 38501, 38505, 38510, 38560, 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107, 43204-43205.5 and 43211-43213, Health and Safety Code.

History

1. Renumbering and amendment of text previously incorporated by reference in Section 2112 to Section 2140 filed 1-24-90; operative 2-23-90 (Register 90, No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.

2. Amendment of subsection (b) and 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 filed 10-28-99; operative 11-27-99 (Register 99, No. 44).

4. Amendment of subsection (b) filed 12-28-2000; operative 12-28-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 52).

5. Amendment of subsection (b) filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).

6. Amendment of subsection (b) filed 8-7-2012; operative 8-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 32).

7. Amendment of subsection (b) and amendment of Note filed 12-5-2014; operative 12-5-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 49).

8. Editorial correction of History 7 (Register 2014, No. 50).

9. Amendment 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.

10. Amendment of subsections (b), (c)(2) and (c)(4) and new subsections (d)-(d)(4) filed 11-30-2022; operative 11-30-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 48).

11. New first and second paragraphs filed 10-2-2025 as an emergency; operative 10-2-2025 (Register 2025, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-1-2026 or emergency language will be repealed by operation of law on the following day.

12. New first and second paragraphs refiled 3-26-2026 as an emergency; operative 4-1-2026 (Register 2026, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-30-2026 or emergency language will be repealed by operation of law on the following day.