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newsrel -- CARB announces partial Consent Decree for Audi, Volkswagen and Porsche 3-liter diesel vehicles

Posted: 20 Dec 2016 11:32:14
Please consider the following news release from the California
Air Resources Board:

http://www.arb.ca.gov/newsrel/newsrelease.php?id=885

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FOR IMMEDIATE RELEASE

DECEMBER 20, 2016

NEWS RELEASE 16-61



CONTACT: 

Stanley Young
(916) 322-2990
stanley.young@arb.ca.gov

Dave Clegern
(916) 322-2990
dave.clegern@arb.ca.gov



CARB announces partial Consent Decree for Audi, Volkswagen and
Porsche 3-liter diesel vehicles


California to receive $66 million, additional zero-emission
models and infrastructure



SAN FRANCISCO — California Air Resources Board (CARB) Executive
Officer Richard Corey and the California Department of Justice
today announced a partial consent decree for violations of the
Clean Air Act caused by a “defeat device” in 3-liter diesel
passenger cars sold by Volkswagen, Audi and Porsche. The model
years affected are 2009 through 2016. The Partial Consent Decree
was negotiated with the automakers by CARB, the U.S Environmental
Protection Agency (U.S. EPA), the California Attorney General’s
Office, and the U.S. Department of Justice (U.S. DOJ).


A defeat device is an undisclosed Auxiliary Emissions Control
Device (AECD) that reduces the effectiveness of the emission
control system. Not disclosing the presence of such a device is a
violation of California and federal vehicle certification
requirements. 


In this case, as in Volkswagen’s smaller 2-liter diesel vehicles,
the defeat device was specifically designed to turn on certain
emission control systems and strategies only when a vehicle was
undergoing vehicle certification testing, and then turn them off
when actually driven on the road. This resulted in additional
emissions of nitrogen oxides above the California and federal
certification limits. 


As with the 2-liter case, it was CARB engineers who discovered
some of these inconsistencies through diligent emissions testing
and investigation.  


“This settlement highlights the fact that cheating to get a car
certified has consequences  for air quality and the public’s
health -- and that cheaters will be caught and held accountable,”
said CARB Executive Officer Richard Corey. “Because California is
able to enforce its vehicle regulations, CARB was instrumental in
uncovering the cheating in the 3-liter, and before that, in the
2-liter, diesel engines. The mitigation in this settlement will
now help California address its serious air quality and climate
challenges with a focus on putting the very cleanest vehicles in
disadvantaged communities where they are needed most.” 


To mitigate environmental harm from their actions, the companies
must pay $225 million into a national mitigation fund. California
will receive about $41 million of that money for mitigation
programs in the state designed to address the additional NOx
emissions released by the vehicles in question. This is in
addition to $1.2 billion VW is already paying California for
mitigation and zero-emission vehicle (ZEV) infrastructure as part
of the 2-liter partial consent decree. There will be a public
process to take input on what should be done with the money for
mitigation including workshops, and public hearings.


Under the terms of the related separate California Consent Decree
announced today and containing additional environmental relief
for California, the companies also will be required to add a
second “Green City” in California in addition to the one required
under the ZEV Commitment in the previous Partial Consent Decree
involving 2-liter diesel vehicles. The second Green City, which
must have a population of at least 500,000 with many living
primarily in disadvantaged communities, will receive concentrated
investment in ZEV programs like car sharing, ZEV transit or
freight services and infrastructure and public awareness efforts
to support those programs.   


This case affects almost 15,000 vehicles in California and about
83,000 nationally. The engines were built by Audi and used in all
models manufactured by the three companies. Under the terms of
the consent decree, the automakers are working on an emissions
modification to bring some of these vehicles into compliance with
federal and California emissions standards.


Any modification must be approved by both CARB and U.S. EPA. As
with the 2-liter vehicles, there are several generations of
engines utilizing different emissions control technologies. Some
generations may be suitable for an emissions compliant
modification, while others cannot be made emissions compliant.
The automakers will offer to buy back or cancel leases on
vehicles which cannot be modified. In addition, Volkswagen may
propose a modification (to be approved by CARB and U.S. EPA) that
reduces emissions for the remaining vehicles (though not to the
levels to which they were originally certified).


The newer vehicles appear to be likely candidates for a
successful emissions compliant modification. However, no
modification has been approved, and if the manufacturers cannot
provide one, these vehicles will become eligible for buyback or
lease cancellation, as well. For more information about options
for owners and those who have leases on these cars, see
www.vwcourtsettlement.com .


The separate California Consent Decree also requires the
manufacturers to pay CARB $25 million dollars by July 1, 2017, to
support efforts to make zero-emission vehicles (ZEVs) available
to more Californians. This money will likely be used to expand
programs such as replace-and-upgrade programs for high-emitting
cars in disadvantaged communities (EFMP Plus-up) and the Clean
Vehicle Rebate Project (CVRP), which provide rebates and
financial assistance for purchase of ZEVs.


Also under the separate California Consent Decree, the
manufacturers will provide at least three new models of electric
vehicles for sale in California -- including at least one SUV
model -- before 2019. The companies must add a second electric
SUV model by 2020 and keep these electric models on the market
through at least 2025. ZEV credits generated by placement of
these vehicles in California cannot be sold on the ZEV credit
market.


The consent decrees that document the settlement are subject to
approval by the court following a public comment period on the
national version. 



What vehicles are affected?

Year	Model(s)


2009	VW Touareg, Audi Q7 

2010	VW Touareg, Audi Q7

2011	VW Touareg, Audi Q7

2012	VW Touareg, Audi Q7

2013	VW Touareg, Audi Q7, Porsche Cayenne Diesel

2014	VW Touareg, Audi Q7, Porsche Cayenne Diesel

2014	Audi A6, A7, A8, A8L, Q5

2015	Audi Q7, Audi A6, A7, A8, A8L, Q5

2015	VW Touareg, Porsche Cayenne Diesel

2016	VW Touareg, Porsche Cayenne Diesel, Audi A6, A7, A8, A8L,
Q5


You can view the national Partial Consent Decree here:
https://www.epa.gov/vw/announcements-volkswagen-violations

The California-specific version is here:
https://arb.ca.gov/msprog/vw_info/second-ca-cd-threeliter.pdf




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