California Air Resources Board

SACRAMENTO – The California Environmental Protection Agency's Air Resources Board (ARB) today announced a combined replacement and settlement package of $55,000 with Subaru of America, Inc.  In February, ARB determined that Subaru had delivered three 1999 model year Foresters for sale in California that were not certified to California emissions standards.  The ARB made this determination on information provided by Subaru.  These three vehicles had already been sold to California consumers.

       In settlement of this matter, Subaru agreed to recapture and dispose of the non-certified vehicles out-of-state, provide the three owners with 2001 model year vehicles certified to California emissions standards at a net cost of $33,000, and pay civil penalties of $22,000 for a total settlement of $55,000.

       Under California Health and Safety Code sections 43150 et seq., each vehicle delivered to California is a violation and each subsequent dealer sales transaction is also a violation subject to a penalty of up to $5000 each.  One of the vehicles was sold between dealerships for a total of four illegal dealer transactions.  Since Subaru self reported and removed the three vehicles from California, the settlement included $4000 for each vehicle delivered to California along with $2500 for each of the four dealer transactions.