1. (a) Once the emission information report is filed, the Executive Officer shall evaluate the failure to determine whether a recall is necessary. Factors to be considered shall include, but are not limited to, the following:

   1. (1) the validity of the data;
   2. (2) the emission impact of the failure on individual vehicles, engines, or trailers;
   3. (3) the possibility of induced tampering due to driveability problems resulting from the failure;
   4. (4) the effects of the failure on performance, fuel economy, and safety;
   5. (5) the failure rates and the timing and extent of a remedy if no recall is required; and
   6. (6) other factors specific to the failure.

2. (b) Notwithstanding subsection (a) above, a recall shall not be required if the manufacturer submits information with the emissions information report which demonstrates to the satisfaction of the Executive Officer that the failure:

   1. (1) is limited to an emission-related component on a substantial percentage of vehicles or trailers and does not represent a pervasive defect in design, application, or execution which is likely to affect a substantial number of such emission-related components during the useful life of the vehicle, engine, or trailer, and
   2. (2) is likely to be corrected under the warranty program or other in-use maintenance procedure shortly after the inception of the problem.
3. (c) If a manufacturer can identify a subgroup of an engine family, test group, vehicle family, or trailer family which is subject to a failure, a recall may be limited to that subgroup with Executive Officer approval.

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 2148 or section 2148.0.1.

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 2148 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, 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.

History

1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).

2. Amendment of subsection (c) 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.

4. 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.

5. 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.