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newsrel -- Federal court approves $225 million settlement in VW 3.0 liter, diesel cheating case

Posted: 17 May 2017 11:45:53
Please consider the following news release from the California
Air Resources Board:

http://www.arb.ca.gov/newsrel/newsrelease.php?id=922

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 FOR IMMEDIATE RELEASE

May 17, 2017

NEWS RELEASE 17-32



CONTACT:

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


Federal court approves $225 million settlement in VW 3.0 liter,
diesel cheating case

California to receive $66 million for mitigation and clean car
investment


SACRAMENTO- Volkswagen will pay $225 million, including $66
million to California, for harm resulting from the sale of its
3.0-liter diesel passenger cars that included emissions control
“defeat devices,” under partial Consent Decrees signed today. 

U.S. District Court Judge Charles Breyer signed the agreements
between the automaker, the California Air Resources Board (CARB),
the U.S. Environmental Protection Agency (US EPA) and the U.S.
Department of Justice (US DOJ). One decree is a national
agreement; the second is California-specific. California will
receive $41 million from the national agreement and $25 million
under the California agreement.

“These agreements close another chapter in one of the most sordid
efforts to evade air quality regulations ever uncovered by CARB’s
engineers and technicians,” said CARB Executive Officer Richard
Corey. “It is now time to get on with the serious business of
mitigating the environmental harm caused in this case, and
continue our efforts to make sure nothing like this occurs
again.”

VW admitted to CARB engineers in November 2015 that it installed
“defeat devices” that altered the operation of emissions control
equipment in light-duty, 3.0-liter passenger vehicles
manufactured and sold between model years 2009 and 2016. There
are approximately 87,000 of these vehicles in the US and about
17,000 in California. 

This is a separate partial consent decree from one approved
earlier for harm from VW’s 2.0-liter diesel cars with a similar
defeat device.

California will receive about $41 million from the national
mitigation trust for the environmental damage caused by VW’s
deception.  This money will be spent on projects to reduce
smog-producing pollution, such as incentivizing clean, heavy-duty
vehicles and equipment in disadvantaged communities.  In a
separate California decree, an additional $25 million dollars
will be invested to advance availability of cleaner vehicles in
California’s disadvantaged communities. The two sums together
will provide funding to mitigate all past and future
environmental harm resulting from the operation of the 3.0-liter
vehicles in California.  

The state will undertake a public process to allow members of the
Legislature and the public to provide input and comments on
potential mitigation projects to be funded by the settlement.

VW also agrees to place a second Green City project in
California. This could include such features as zero-emission
vehicle (ZEV) ridesharing projects or ZEV transit and freight
applications. The selected city must have a population of about
500,000 and consist primarily of disadvantaged communities. A
first Green City was called out in the Consent Decree for the 2.0
liter vehicles. No city has yet been named.

In addition, VW will contribute to California’s ZEV market by
introducing two new ZEV models, plus the electric e-Golf, or its
replacement, by 2019. One of those new vehicles must be an
electric SUV. The company will also introduce a second SUV by
2020. It must collectively sell at least 35,000 of these various
ZEV models between 2019 and 2025.

Background

Following publication of a report indicating high emissions from
Volkswagen vehicles in over-the-road testing, CARB conducted a
focused investigation which ultimately led to Volkswagen’s
admission in September 2015 that the company had installed defeat
devices in all of its 2.0 liter diesel vehicles manufactured
between model years 2009 and 2015. 
This was followed in November 2015 by an admission by Audi
engineers that 3.0 liter diesel passenger cars manufactured by
VW, Audi and Porsche in model years 2009-2016 also contain defeat
devices. VW owns all three manufacturers. 

Affected 3.0 diesel models include:
•	2009 VW Touareg, Audi Q7
•	2010 VW Touareg, Audi Q7
•	20011 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, A6, A7, A8, A8L, Q5
•	2015 VW Touareg, Porsche Cayenne Diesel
•	2016 VW Touareg, Porsche Cayenne Diesel, Audi A6, A7, A8, A8L,
Q5

Because CARB’s technical staff played a chief role in revealing
VW’s deceit, and due to CARB’s longstanding role in setting and
enforcing tough vehicle standards, California played a major role
in leading, shaping and structuring the Consent Decrees.  

In California, VW’s cheating was particularly harmful, because
our air quality is worse than anywhere else in the nation. Ten
million people live within the nation’s only severe nonattainment
areas for ozone pollution, of which NOx is a primary component.
Twelve million Californians live in areas with nation-leading
levels of fine particle pollution. 

These pollutants cause lung disease, heart disease, and premature
death, especially among our most vulnerable populations. To put
California on track to ensure healthy air for all, California has
adopted the most stringent air quality regulatory and enforcement
program in the United States.

As a result of the 2.0 liter and 3.0 liter Consent Decrees,
California is expected to be allocated a total of about $423
million from an Environmental Mitigation Trust, explained in the
first Consent Decree. That money is to mitigate the lifetime
excess NOx emissions of the VW vehicles with the defeat device.
Under the terms of the Consent Decree VW must invest $800 million
for zero-emission vehicle projects in California over a 10-year
period.

The approved 3.0 liter partial Consent Decrees are here:
https://www.arb.ca.gov/msprog/vw_info/vw-diesel-info/2017-05-17-2nd-partial-cd-30l.pdf


CARB’s VW Information Page is here:
https://www.arb.ca.gov/msprog/vw_info/vw-diesel-info/vw-diesel-info.htm


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