Release 03-20      

September 8, 2003


Jerry Martin
(916) 322-2990

Richard Varenchik
(626) 575-6730
Enforcement Action Settlements Total More Than $200,000

-- The California Air Resources Board announced today that it has settled complaints against four businesses: Zotos International, Equilon Enterprises, Cummins Engine Company and Makita USA for the sale of products that do not comply with California air quality regulations.

"Enforcement of our air pollution rules is a necessary part of California's air quality programs," said ARB Executive Officer, Catherine Witherspoon. "The protection of public health is our primary goal and we must use every tool available to attain and maintain healthy air for all Californians," she added.

Zotos International was cited in 2000 for selling haircare products that exceeded state volatile organic compound emission limits. Zotos settled the ARB complaint with a payment of $125,000. As part of the settlement, Zotos provided $75,000 which will be applied the state's Air Pollution Control Fund (APCF). The APCF is used to mitigate various sources of pollution throughout the state. The remaining $50,000 was divided between San Diego County Air Pollution Control District, San Joaquin County Air Pollution Control District, and Sacramento Metropolitan Air Quality Management District to fund programs that exchange older gasoline-powered lawn mowers with zero-emitting electric mowers.

Equilon Enterprises, a subsidiary of Shell, supplied non-compliant gasoline from its Martinez refinery. Shell self-reported the error when it was discovered and has corrected the problem. Shell will pay the APCF a total of $32,000 to settle the issue.

Cummins Engine and its partners Cummins Cal Pacific, and Engine and Equipment Company installed non-compliant diesel engines over 175 horsepower in portable generators sold in California. The case has been settled with $30,000 being paid to APCF.

Makita paid $21,500 for manufacturing for sale, selling and offering for sale lawn maintenance products, such as leaf blowers, equipped with small, gasoline-powered engines, that were not compliant with state emissions regulations. Makita USA has implemented measures to stop distribution of these products, and is recalling those sold. The settlement payment is being made to the APCF.

The Air Resources Board is a department of the California Environmental Protection Agency. ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards.

The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy cost, see our website at