Toyota and the California Air Resources Board (CARB) have been involved in a disagreement over the computer that monitors the performance of Toyota and Lexus vehicles' evaporative emission control systems.

Today, CARB began hearings on the issue before a California administrative law judge in Sacramento. Coinciding with the California action, the U.S. Department of Justice, on behalf of the Environmental Protection Agency, filed a lawsuit against Toyota involving the same issues as the California proceedings.

"Toyota continues to be disappointed that despite our vehicles having the best in-use emission performance in the industry, this matter has not yet been resolved in a mutually agreeable manner," said Jim Olson, senior vice president, external and regulatory affairs, for Toyota Motor Sales, U.S.A., Inc.

"We are proud of our record as an auto industry environmental leader and firmly believe our vehicles comply with the testing procedures as originally written," Olson continued.

In support of Toyota's position, the majority of automakers, both international and domestic, have filed papers with CARB stating their interest and concern in this issue. "Ultimately, this is not a disagreement over clean air or the performance of an emissions system, so much as a question of an agency's right to change regulations after the fact, reinterpreting them to fit their agenda," Olson said. The facts of this issue are:

None of the vehicles pose an emissions concern to the environment or a safety threat to consumers.

• At this time, there is no recall of the vehicles in question, nor is Toyota required to pay any fines. CARB and EPA are pursuing avenues for further review of the vehicles' operation, and possible action that Toyota may be ordered to undertake.
• Toyota met with CARB before development of the OBDII system and implemented CARB's recommendations; Toyota firmly believes that these vehicles operate properly and comply with all levels of CARB regulations – including the OBDII regulation.
• During the "in-use" evaluation of Toyota and Lexus vehicles, CARB conducted tests beyond those specified in their requirements and regulations.
• Painting the outside of two mid-size houses or refinishing two cars at a body shop would release more hydrocarbons into the air than if all the vehicles in question failed at the same time, which they won't because the reliability of the evaporative emissions control system is very high.
• Toyota contends that no regulatory agency should bring an enforcement action on an after-the-fact re-interpretation of a regulation.