California warns on and off-road, large and small, spark and compression-ignition engine manufacturers about hiding software or hardware that affects emissions

November 30, 2020

On October 14, 2020 the California Air Resources Board (ARB) announced it had sent a letter to vehicle and engine manufacturers encouraging them to disclose by the end of the year any unapproved hardware or software programs that impact emission control systems in vehicles sold in California. CARB’s letter specifies both large and small, on and off-road, spark and compression ignition engines.

The move comes as CARB nears completion of a new, state-of the-art testing lab in Riverside, California that gives the agency greater ability to detect these unapproved programs.

Following their discovery of emission ‘defeat devices’ in Volkswagen diesel vehicles in 2015, CARB staff developed additional, sophisticated detection and testing techniques to identify undisclosed software programs, known as auxiliary emission control devices or AECDs, and other unapproved changes in software and hardware that can affect emissions. Since then, CARB has found similar issues with other manufacturers. These violations have resulted in settlements involving substantial fines and recalls to fix or remove the illegal modifications and mitigate the environmental impact of excess emissions.

AECDs are designed to change the operation of emissions control equipment when required by specific, sometimes extreme driving conditions and generally are designed to protect the engine—for example, when a truck is pulling a maximum load uphill in hot weather for an extended period of time. If disclosed when the vehicle is being certified for sale in California, an AECD may be legal as there may be a technically justified rationale for its limited use. But if the modification is not disclosed, and CARB detects it during its extensive surveillance and testing procedures, it is considered a violation of the certification process.

In its letter to manufacturers today, CARB said that admission by manufacturers by the end of the year of any undisclosed modifications that impact emissions—including submitting false data, unapproved recalls or technical (field) fixes, and incorrect testing or calibration of the onboard diagnostic system—will be taken into consideration when deciding how to assess updated penalties.

The letter states: “Voluntary disclosure will trigger a reduction in penalties. Failure to do so may affect the result of future enforcement actions involving your company when CARB’s new techniques—and its new state-of-the-art testing laboratory opening in 2021—inevitably detect any violations you may have.”

CARB said it continues to investigate on- and off-road manufacturers and urges all manufacturers to voluntarily disclose any potential violations of which they are aware by the end of the year. After that time, maximum penalties may be invoked.

What this means to you
California’s Air Resources Board has warned both large and small, on and off-road, spark and compression ignition engine manufacturers to disclose by the end of the year any unapproved hardware or software programs that impact emission control systems in vehicles sold in California. CARB says voluntary disclosure will trigger a reduction in penalties but failure to do so may affect the result of future enforcement actions.

MIRATECH can help
Contact MIRATECH for stationary engine emissions solutions in California.