![]() ![]() Toyota must also initiate an internal investigation of potential defects under certain conditions (i.e., 1% or 500 unscreened warranty claims concerning a particular emission-related component, or 25 reports from service technicians at Toyota dealers concerning a particular emission-related component). Part 85 Subpart T (“Emission Defect Reporting Requirements”). The settlement requires Toyota to comply with the regulations at 40 C.F.R. Toyota’s conduct likely resulted in delayed or avoided recalls, lengthening the time that unrepaired vehicles with emission defects remained on the road. In its oversight role, EPA may investigate defects, influence manufacturers to conduct a voluntary recall, or order a mandatory recall. They encourage manufacturers to investigate and voluntarily address defects that may result in excess emissions, and they provide EPA information regarding emission-related defects for the agency to use in its oversight of manufacturers’ compliance.Īs a result of its conduct, Toyota deprived EPA of timely information regarding emission defects and recalls and avoided the early oversight on emission defects contemplated by the regulations. These mandatory reporting requirements are central to the Clean Air Act’s purpose of protecting human health and the environment from harmful air pollution. Manufacturers must also report to EPA when they perform a recall to correct defects in emission-related parts, and update EPA on the progress of such recalls. If the defect affects one of the many vehicle components designed to control emissions, the vehicle may, in actual use, emit more air pollution.Ĭlean Air Act regulations require light-duty motor vehicle manufacturers to notify EPA when 25 or more vehicles in a given model year have the same defect in an emission-related part. The defect may be, for example, a design or manufacturing error, a malfunctioning part, or an error in the software that controls vehicle functions. § 7522(a)(2).Įven if properly designed and certified, motor vehicles may fail to perform as designed because of a defect. Toyota’s failures constituted violations of section 203(a)(2) of the Clean Air Act, 42 U.S.C. All told, Toyota was late in filing hundreds of mandatory reports related to emission-related defects and recalls. Toyota materially delayed reporting an estimated 78 defects to EPA, reporting some defects years later than the law requires. ![]() Health Effects and Environmental Benefitsįrom approximately 2005 to 2015, Toyota circumvented EPA oversight provisions under the Clean Air Act and avoided or delayed recalls of defective emission control systems by systematically failing to submit reports to EPA of defects to emission related parts and corresponding recalls. ![]()
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