Cal. Code Regs. tit. 13 § 2130

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 2130 - Capture Rates and Alternative Measures

The manufacturer shall comply with the capture rate specified in the recall plan as determined pursuant to section 2125(b)(6), above, within six consecutive quarters beginning with the quarter in which the notification of vehicle, engine, or trailer owners was initiated. If, after good faith efforts, the manufacturer cannot correct the percentage of vehicles or trailers specified in the plan by the applicable deadlines and cannot take other measures to bring the engine family, test group, vehicle family, or trailer family into compliance with the standards, the manufacturer shall propose mitigation measures to offset the emissions of the unrepaired vehicles or trailers within 45 days from the last report filed pursuant to section 2133(c), below. The Executive Officer shall approve such measures provided that:

(a) the emission reductions from the recalled and repaired vehicles, engines, or trailers and the mitigation measures are equivalent to achieving the capture rate; and

(b) the emission reductions from the mitigation measures are real and verifiable; and

(c) the mitigation measures are implemented in a timely manner.

Cal. Code Regs. Tit. 13, § 2130

1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of 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 of first paragraph filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
4. 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, 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 38501, 38505, 38510, 38560, 43000, 43009.5, 43013, 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 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. s 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 of first paragraph filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
4. 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.