FOR IMMEDIATE RELEASE
ENR
MONDAY, JULY 12, 1999
(202)514-2007
WWW.USDOJ.GOV
TDD (202) 514-1888
U.S. SUES TOYOTA FOR CLEAN AIR ACT VIOLATIONS Claims 2.2 Million Cars Have Illegal Emission Control Monitoring Systems
WASHINGTON, D.C. - The Department of Justice, on behalf of the U.S. Environmental Protection Agency, today sued Toyota Motor Sales U.S.A., Inc. for selling certain 1996-1998 Toyota and Lexus model vehicles equipped with allegedly illegal emission control monitoring systems in violation of the Clean Air Act.
The government contends that Toyota's computerized emissions control monitoring systems (known as "on-board diagnostic systems"), if not fixed, could permit increased emissions of hydrocarbon vapors from the fuel systems without owners' knowledge. Hydrocarbon emissions contribute to the formation of ground-level ozone (smog), which can cause lung and respiratory problems, especially in the elderly and children. An abundance of ozone near the earth's surface is harmful to humans, agricultural crops and plants.
"The public cares about driving clean cars," said Lois J. Schiffer, Assistant Attorney General for the Environment and Natural Resources Division. "Companies that take short cuts with their vehicle pollution control systems short-change the consumer and our environment. We will hold them accountable."
"If a company's emission control monitoring system doesn't work properly, such as in Toyota's case, the government's and States' ability to protect the public health and the environment is seriously jeopardized," said Steven A. Herman, EPA's Assistant Administrator for Enforcement and Compliance Assurance. "EPA will continue to use its enforcement authority to ensure that the goal of the Clean Air Act is not compromised," he added.
A vehicle's evaporative emission control system is designed to prevent fuel vapors from evaporating into the atmosphere and causing air pollution. The on-board diagnostic system is supposed to be programmed to detect leaks in the evaporative emission system, and to illuminate a warning light on the dashboard, such as "Check Engine" or "Service Engine Soon," to notify the driver if a leak occurs. The case filed today alleges that the cars at issue are not properly programmed.
"Today's lawsuit vindicates the underlying purposes of the Clean Air Act, which requires automobile manufacturers such as Toyota to fully disclose to the government the conditions that limit the operation of on-board diagnostic systems," said Wilma A. Lewis, United States Attorney for the District of Columbia. "Because, as the complaint alleges, Toyota has failed in that regard, they should be held accountable."
The case, filed in the U.S. District Court for the District of Columbia, involves 2.2 million model-year 1996 to 1998 Toyota Camrys, Avalons, Corollas, Tercels, Paseos; Lexus cars; Sienna minivans; 4Runner and RAV4 sport utility vehicles; and Tacoma and T100 trucks.
The California Air Resources Board (CARB) discovered that Toyota's vehicles failed to meet federal and California on-board diagnostic systems requirements during routine testing in the fall of 1997. CARB and EPA worked together in their investigations, resulting in the federal government's suit filed today. California is not a party to government's suit against Toyota but is pursuing an independent recall of certain Toyotas sold in California through its administrative processes. A hearing on the State's recall efforts is scheduled to begin in Sacramento today.
The Toyota case is one in a series of recent and significant enforcement actions that the government has initiated against auto manufacturers for violations of the Clean Air Act. However, Toyota is the first such manufacturer that has refused to settle with the United States. In October 1998, the Justice Department and EPA announced that seven manufacturers of heavy duty diesel engines would spend nearly $1 billion to settle charges that they installed illegal software that disables affected engines' emission control systems. And in June 1998, the government settled with American Honda Motor Co. and Ford Motor Company for installing illegal emission control devices in certain vehicles. The Honda case, like the case filed today, also involved on-board diagnostic systems that the government alleged did not comply with Clean Air Act.
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