FOR IMMEDIATE RELEASE ENR TUESDAY, JUNE 16, 1998 (202) 514-2008 TDD (202) 514-1888 JUSTICE

DEPARTMENT SUES MACK TRUCK INC. UNDER CLEAN AIR ACT Company Charged With Illegal Emissions From Diesel Engines WASHINGTON The Justice Department, on behalf of the Environmental Protection Agency, yesterday sued Mack Trucks Inc., one of the leading U.S. manufacturers of heavy duty diesel engines, for violating standards designed to limit emissions of dangerous air pollutants under the Clean Air Act. "The American people deserve clean air to breath," said Lois Schiffer, Assistant Attorney General in charge of the Environment and Natural Resources Division. "Those who break the law will pay a high price. This lawsuit is another example of the federal government's determination to ensure full compliance with the Clean Air Act." On Monday, the Department filed suit in U.S. District Court in Washington, D.C. to respond to the company's termination of settlement negotiations by filing its own lawsuit against the federal government. The suit alleges that Mack has been selling unlawful heavy duty diesel engines equipped with devices that defeat the engines' emissions control system, resulting in the emission of illegal amounts of oxides of nitrogen (NOx). NOx is an air pollutant that contributes to smog, acid rain, and increased levels of lung disease. Heavy duty diesel engines are used in tractor trailers and other large trucks. The suit asks the court to prohibit Mack from selling engines with defeat devices, to order Mack to recall and fix those engines currently on the road, and to require Mack to take additional steps to offset the harm caused to public health and the environment. The suit also seeks civil penalties for the violations. "Mack's use of defeat devices had and will continue to have a significant adverse impact on the public, resulting in an estimated 700,000 tons of excess harmful nitrogen oxide emissions and more than $1 billion in extra health care costs over the life of the engines," said Steve Herman, EPA Assistant Administrator for Enforcement and Compliance Assurance. "By filing the lawsuit, we are taking action to ensure that the company does not compromise clean air and the public health now and in the future." "There simply is no excuse for circumventing federal laws

aimed at protecting and preserving our natural resources," said Wilma A. Lewis, United States Attorney for the District of Columbia. "This lawsuit is the result of a collaborative effort among the Environmental Protection Agency, the Environmental and Natural Resources Division of the Department of Justice and the U.S. Attorney's Office, and demonstrates our continuing commitment toward enforcing the Clean Air Act." According to the charges, the company's engine software controls the timing of fuel injection into the combustion chamber, causing the engine to emit excessive amounts of NOx while the truck is running on the open road. However, the company's engine software is designed in such a way so that these emission levels do not show up on the federal test. Changing the timing of fuel injection can increase fuel economy, but at the expense of much higher emissions of NOx. The suit also alleges that these engines are not covered by EPA's certificates of conformity, which all engines must have to be lawfully sold in this country. Under the Clean Air Act, a manufacturer is prohibited from selling or offering for sale any new motor vehicle or motor vehicle engine equipped with any device designed to defeat the engines' emission control system. The government estimates that the affected engines, if not fixed, could result in total increases in NOx emissions in excess of 700,000 tons over the life of the engines. Oxides of Nitrogen combine with volatile organic compounds in the presence of sunlight to form ozone, one of six criteria pollutants for which EPA has established National Ambient Air Quality Standards. An abundance of ozone near the earth's surface is harmful to humans, agricultural crops and plants. In addition, oxides of nitrogen can cause acid rain, which is harmful to fish, and high levels of nitrates in drinking water, which is a human health hazard, especially for infants. Last week, the Department settled allegations that American Honda Motor Co. Inc. and Ford Motor Company violated the Clean Air Act by selling vehicles with disabled emission control diagnostic systems and illegally installing defeat devices, respectively. Mack's failure to disclose to EPA the existence of these defeat devices on its engines obstructed the EPA's ability to protect public welfare and the environment before the engines were sold. ### 98-281