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newsrel -- EPA, California Notify Volkswagen of Clean Air Act Violations

Posted: 18 Sep 2015 10:36:33
Please consider the following news release from the California
Air Resources Board:

----------------------------------------------------------------------------------------------------------------------------------.
FOR IMMEDIATE RELEASE

SEPTEMBER 18, 2015

CONTACT : STANLEY YOUNG

(916) 322-2990

(916) 956-9409 cell

syoung@arb.ca.gov



EPA, California Notify Volkswagen of Clean Air Act Violations

 
Carmaker allegedly used software that circumvents emissions
testing for certain air pollutants


WASHINGTON - Today, EPA is issuing a notice of violation (NOV) of
the Clean Air Act (CAA) to Volkswagen AG, Audi AG, and Volkswagen
Group of America, Inc. (collectively referred to as Volkswagen).
The NOV alleges that four-cylinder Volkswagen and Audi diesel
cars from model years 2009-2015 include software that circumvents
EPA emissions standards for certain air pollutants.  California
is separately issuing an In-Use Compliance letter to Volkswagen,
and EPA and the California Air Resources Board (CARB) have both
initiated investigations based on Volkswagen’s alleged actions.
 
 “Using a defeat device in cars to evade clean air standards is
illegal and a threat to public health,” said Cynthia Giles,
Assistant Administrator for the Office of Enforcement and
Compliance Assurance. “Working closely with the California Air
Resources Board, EPA is committed to making sure that all
automakers play by the same rules. EPA will continue to
investigate these very serious matters.”

“Working with US EPA we are taking this important step to protect
public health thanks to the dogged investigations by our
laboratory scientists and staff,” said Air Resources Board
Executive Officer Richard Corey. “Our goal now is to ensure that
the affected cars are brought into compliance, to dig more deeply
into the extent and implications of Volkswagen’s efforts to cheat
on clean air rules, and to take appropriate further action.”

As described in the NOV, a sophisticated software algorithm on
certain Volkswagen vehicles detects when the car is undergoing
official emissions testing, and turns full emissions controls on
only during the test.  The effectiveness of these vehicles’
pollution emissions control devices is greatly reduced during all
normal driving situations.  This results in cars that meet
emissions standards in the laboratory or testing station, but
during normal operation, emit nitrogen oxides, or NOx, at up to
40 times the standard.  The software produced by Volkswagen is a
“defeat device,” as defined by the Clean Air Act.  

The Clean Air Act requires vehicle manufacturers to certify to
EPA that their products will meet applicable federal emission
standards to control air pollution, and every vehicle sold in the
U.S. must be covered by an EPA-issued certificate of conformity.
Motor vehicles equipped with defeat devices, which reduce the
effectiveness of the emission control system during normal
driving conditions, cannot be certified. By making and selling
vehicles with defeat devices that allowed for higher levels of
air emissions than were certified to EPA, Volkswagen violated two
important provisions of the Clean Air Act.
EPA and CARB uncovered the defeat device software after
independent analysis by researchers at West Virginia University,
working with the International Council on Clean Transportation, a
non-governmental organization, raised questions about emissions
levels, and the agencies began further investigations into the
issue. In September, after EPA and CARB demanded an explanation
for the identified emission problems, Volkswagen admitted that
the cars contained defeat devices. 

NOx pollution contributes to nitrogen dioxide, ground-level
ozone, and fine particulate matter.  Exposure to these pollutants
has been linked with a range of serious health effects, including
increased asthma attacks and other respiratory illnesses that can
be serious enough to send people to the hospital. Exposure to
ozone and particulate matter have also been associated with
premature death due to respiratory-related or
cardiovascular-related effects. Children, the elderly, and people
with pre-existing respiratory disease are particularly at risk
for health effects of these pollutants.

VW may be liable for civil penalties and injunctive relief for
the violations alleged in the NOV. 
The allegations cover roughly 482,000 diesel passenger cars sold
in the United States since 2008.  
Affected diesel models include:
•	Jetta (Model Years 2009 – 2015)
•	Beetle (Model Years 2009 – 2015)
•	Audi A3 (Model Years 2009 – 2015)
•	Golf (Model Years 2009 – 2015)
•	Passat (Model Years 2014-2015) 

It is incumbent upon Volkswagen to initiate the process that will
fix the cars’ emissions systems. Car owners should know that
although these vehicles have emissions exceeding standards, these
violations do not present a safety hazard and the cars remain
legal to drive and resell.  Owners of cars of these models and
years do not need to take any action at this time.  
More information on EPA’s NOV:
www3.epa.gov/otaq/cert/violations.htm

More information on CARB’s In-Use Compliance Letter:

http://www.arb.ca.gov/newsrel/in_use_compliance_letter.htm

http://www.arb.ca.gov/newsrel/in_use_compliance_letter.pdf



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