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newsrel -- Air Resources Board rejects VW 2-liter diesel recall plan and issues Notice of Violation

Posted: 12 Jan 2016 10:09:43
Please consider the following news release from the California
Air Resources Board: http://bit.ly/1JIknM5


January 12, 2016



Stanley Young
(916) 322-2990

Dave Clegern
(916) 322-2990

Air Resources Board rejects VW 2-liter diesel recall plan  and
issues Notice of Violation

Recall plan deemed incomplete; specific violations of California
air quality laws detailed 

SACRAMENTO  The California Air Resources Board (CARB) today
notified Volkswagen Group of America, Inc. that it is rejecting
VWs submitted recall plan for 2-liter diesel passenger vehicles
sold in California between 2009 and 2015. It also notified VW of
violations of California air quality regulations associated with
the companys use of a defeat device in those cars.  

"Volkswagen made a decision to cheat on emissions tests and then
tried to cover it up, said CARB Chair Mary D. Nichols. They
continued and compounded the lie and when they were caught they
tried to deny it. The result is thousands of tons of nitrogen
oxide that have harmed the health of Californians. They need to
make it right. Today's action is a step in the direction of
assuring that will happen."

CARB made public today three separate official documents related
to its actions: A transmittal letter signed by Executive Officer
Richard W. Corey; the rejection of VWs submitted recall plan;
and the formal Notice of Violation.  These documents and a
Frequently Asked Questions document are posted at:

Todays actions do not preclude a recall, but allow for a broader
array of potential remedies. CARB will continue its investigation
and technical evaluations with EPA to return the vehicles to
legally required emission levels, determine mitigation for past
and future environmental harm, and assess penalties. 

Volkswagen officials admitted the existence of the defeat device
to CARB and United States Environmental Protection Agency
officials in early September. On September 18, 2015, CARB issued
an In-use Compliance Letter to the company listing violations and
giving them 45 business days to submit a proposal to recall and
repair the affected vehicles. U.S. EPA issued a Notice of
Violation to the company on the same day. The defeat devices were
installed on VWs 2.0L diesel vehicles manufactured for model
year (MY) 2009 through MY 2015 to circumvent CARB and EPA
emission test procedures. This made it possible for VW to obtain
Executive Orders from CARB and Certificates of Conformity from
EPA for these vehicles so the vehicles could be sold in
California.  As a result, the certifications were illegally
obtained.  The consequences of VWs actions are significant and
must be addressed expeditiously. 

Recall Rejection:
The rejection of VWs submitted recall plans details the specific
areas that are required under California law in order for a
recall plan to be formally approved. VWs recall plan fell short
in several areas, including:

The proposed plans contain gaps and lack sufficient detail. 
The descriptions of proposed repairs lack enough information for
a technical evaluation; and
The proposals do not adequately address overall impacts on
vehicle performance, emissions and safety.

This rejection only applies to VWs diesel 2.0L vehicles, not
3.0L vehicles. The submission of the recall plan for 3.0L
vehicles is due to CARB on February 2, 2016.

Notice of Violation:
The NOV details 13 specific violations of California regulations,
including failure to comply with the emission standards or test
procedures; invalid certification applications; the use of Defeat
Devices; the importation, delivery, purchase, acquisition, or
receipt of uncertified vehicles; the sale of vehicles that do not
meet emission standards; and failure to comply with onboard
diagnostic (OBD) system requirements. 
CARB will continue its investigation. The NOV may be supplemented
or amended, as needed.

Environmental Harm: 
The defeat devices on VWs diesel vehicles have caused
substantial excess, illegal, and ongoing emissions of nitrogen
oxides (NOx) from the vehicles.  NOx emissions in California are
the most important contributor to ambient ozone and a key
contributor to fine particulate matter pollution, which is
associated with premature death, increased hospitalizations,
emergency room visits due to exacerbation of chronic heart and
lung diseases, and other serious health impacts.  California is
home to both the highest ozone levels (South Coast) and ambient
particulate matter levels (San Joaquin Valley) measured in the
United States.  Twelve million Californians live in communities
that exceed the federal ozone and particulate matter ambient air
quality standards that were put in place to protect public
health.  VW must mitigate the harm that these vehicles have
already caused and continue to cause.   

California is in a drought emergency.
Visit www.SaveOurH2O.org for water conservation tips.

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