This case addresses violations of the Clean Air Act (CAA) by Suzuki Motor Corporation and American Suzuki Motor Corporation (collectively Suzuki ). American Suzuki Motor Corporation is a California corporation in Brea, California, and is the U.S. affiliate of Suzuki Motor Corporation. Suzuki Motor Corporation, based in Japan, is a multinational manufacturer and supplier of automobiles, highway motorcycles, marine engines, and nonroad recreational vehicles.
Suzuki manufactured, imported into the United States and sold 25,000 non-compliant ATV's and offroad motorcycles. The vehicles were equippped with two separate and unique sets of electronic engine control module (ECM) instructions (maps): the standard map specified in the vehicles' EPA-approved certificate of conformity and a racing map. The racing map was activated with an aftermaerket product marketed as the Cherry Bomb . The racing map, when activated with the Cherry Bomb, alters the air-fuel ratio under certain operating conditions such that the vehicles do not meet applicable emissions standards throughout the adjustable range. The Cherry Bomb cost less than $50 and could be installed in under 10 minutes. These violations were identified and self-disclosed to the EPA by Suzuki.
ATVs and motorcycles that are not certified may be operating without proper emissions controls and can emit excess hydrocarbons and nitrogen oxides that can cause respiratory illnesses, aggravate asthma and contribute to the fo