For the purposes of this subpart and unless otherwise noted:
(a) Act means the Clean Air Act, 42 U.S.C. 7401-7671q, as amended.
(b) Emission-related defect means:
(1) A defect in design, materials, or workmanship in a device, system, or assembly described in the approved Application for Certification that affects any parameter or specification enumerated in appendix VIII of this part; or
(2) [Reserved]
(c) Useful life has the meaning given in section 202(d) of the Act (42 U.S.C.7521(d)) and regulations promulgated thereunder.
(d) Voluntary emissions recall means a repair, adjustment, or modification program voluntarily initiated and conducted by a manufacturer to remedy any emission-related defect for which direct notification of vehicle or engine owners has been provided.
(e) Ultimate purchaser has the meaning given in section 216 of the Act (42 U.S.C.7550).
(f) Manufacturer has the meaning given in section 216 of the Act (42 U.S.C.7550).
[81 FR 73973, Oct. 25, 2016, as amended at 86 FR 34364, June 29, 2021; 91 FR 7759, Feb. 18, 2026]
Notes of Decisions
State ex rel. Yost v. Volkswagen Aktiengesellschaf (Slip Opinion), 2021 Ohio 2121 (Ohio 2021).
“1903, including defects in “software * * * which must function properly to ensure continued compliance with emission standards,” 40 C.F.R. 85.1902(b)(2). The EPA requires manufacturers to test a portion of the in-use vehicles that they manufactured, 40 C.”
— 40 C.F.R. § 85.1902(b)(2) — 1 case
State ex rel. Yost v. Volkswagen Aktiengesellschaf (Slip Opinion), 2021 Ohio 2121 (Ohio 2021).
“1903, including defects in “software * * * which must function properly to ensure continued compliance with emission standards,” 40 C.F.R. 85.1902(b)(2). The EPA requires manufacturers to test a portion of the in-use vehicles that they manufactured, 40 C.”
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