March 25, 2004

Contact:
Andy Weisser, (818) 703-6444, aweisser@earthlink.net
www.californialung.org
or your local American Lung Association at (800) LUNG-USA.

Diesel Engine Systems Designed to Disable Air Pollution Reduction Technology

American Lung Association of California
Calls on Air Resources Board to Enforce Clean Up Regulation

Editor/Reporter Note: Related diesel health impact print ads are available at:
http://www.californialung.org/spotlight/cleanair01_ads.html

(Sacramento, CA, March 25, 2004) - More than 12 years after diesel engine manufacturers produced engines with "defeat devices" that allowed engines to meet pollution standards during certification testing, but not in real world driving, the engines are still pumping out excess pollution. The American Lung Association of California and other environmental and health groups are calling on the Air Resources Board to support and immediately adopt the mandatory heavy duty diesel software upgrade regulation that it developed to stop this excess pollution.

The California Air Resources Board votes on an important new regulation today to improve public health by putting a stop to unlawful pollution from diesel truck, bus, motor home and other vehicle engines.

Throughout the 1990's virtually all diesel engine makers appeared to be building engines that met the federal and state emissions standards for NOx. However, in the late 1990's, the regulatory agencies discovered that from 1993 through 1998, the manufacturers had engaged in equipping their engines with software allowing the engines to exceed federal and state emissions standards when running at highway speeds. The "defeat devices" allowed engines to meet federal pollution standards in the initial certification stage while emitting far greater emissions during everyday use on the road.

In 1998, after suing seven engine manufacturers whose engines had the defeat devices, the U.S. government and the state both reached settlement agreements. The agreement with California required the manufacturers to eliminate the defeat devices by installing a simple software upgrade when the vehicles were brought in for an engine rebuild.

This agreement has not worked because vehicle engines are now so durable and run so many miles that most of the problem vehicles have not yet required a rebuild. Only 10 percent of problem engines have been fixed. The engines continue to pollute more NOx than allowed, and the public continues to be exposed to higher levels of pollution than would have happened if the manufacturers had conformed to the law in the first place.

The "Diesel Software Upgrade" regulation proposed by the California Air Resources Board will finally undo diesel engine manufacturers' attempt to beat the system. It will require a quick and easy re-programming of diesel engine software to reduce nitrogen oxide emissions that contribute to ozone pollution.

The U.S. Environmental Protection Agency estimates that the pollution caused by these software "defeat devices" over the life of the vehicles would cause 2,500 premature deaths, 5,000 hospitalizations, and cost $6 to $21 billion dollars in public health expenses. In California alone, the Air Resources Board estimates that the defeat devices have resulted in NOx emissions of 30 to 40 tons statewide per day. NOx is one of the pollutants that contributes to ground level ozone and particulate pollution. Ozone and particle pollution are linked to lung disease and heart disease in children and adults and increased asthma suffering. Given the long period of non-compliance, the state should not rely on voluntary approaches.

It typically takes 15-30 minutes for a qualified technician, using a laptop computer, to install the new software and delete the defeat device. None of the vehicles with the devices run 24 hours a day, so it would be easy for manufacturers' dealers to arrange to send technicians to fix entire trucking fleets without disrupting trucking service. Despite this fact, the largest trade association for the engine manufacturers has legally challenged the state's right to adopt the software upgrade regulation, and is insisting on a totally voluntary approach.

The American Lung Association has long funded vital research on the causes of and treatments for lung disease. It is the foremost defender of the Clean Air Act and laws that protect citizens from secondhand smoke. The Lung Association teaches children the dangers of tobacco use and helps teenage and adult smokers overcome addiction. It educates children and adults living with lung diseases, including asthma, emphysema and tuberculosis, on managing their condition. With the generous support of the public, the American Lung Association is "Improving life, one breath at a time." For more information about the American Lung Association or to support the work it does, call 1-800-LUNG-USA (1-800-586-4872) or visit www.californialung.org.