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newsrel -- Volkswagen to spend over one billion dollars in California to address illegal emissions caused by cheating devices on its 2.0-liter diesel

Posted: 28 Jun 2016 06:40:10
Please consider the following news release from the California
Air Resources Board: http://bit.ly/295jaSK
 
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FOR IMMEDIATE RELEASE

June 28, 2016

NEWS RELEASE 16-33

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


Volkswagen to spend over one billion dollars in California to
address illegal emissions caused by cheating devices on its
2.0-liter diesel vehicles 

Funds to fully mitigate pollution from cheating and make
investments to expand California’s growing Zero-Emission Vehicle
market


Sacramento – California Air Resources Board Chair Mary D. Nichols
and Attorney General Kamala D. Harris announced today that German
automaker Volkswagen AG and related entities have agreed to
funding or investments totaling more than one billion dollars in
California to fully remedy the environmental harm caused by using
illegal “defeat devices” to cheat emissions tests in 71,000
2.0-liter diesel cars sold in California between 2009-2015. 

The money for California includes approximately $380 million for
projects to reduce smog-producing pollution by incentivizing
clean heavy-duty vehicles and equipment in disadvantaged
communities, and $800 million in investments to advance
California’s nation-leading zero-emissions vehicle programs.  VW
will make these payments and investments in installments over
several years.  California’s share represents one-quarter of the
total $4.7 billion mitigation fund and ZEV investment
obligations.  

The mitigation funding and ZEV investments are part of a
settlement requiring Volkswagen to offer consumers a buyback and
lease termination for all 500,000 model year 2009-2015 2.0-liter
diesel vehicles sold or leased nationwide, and spend up to $10
billion to compensate consumers under the program.

In addition to the buyback option, Volkswagen may also propose an
emissions modification plan to U.S. EPA and CARB, and if
approved, VW will offer owners and lessees the option of having
their vehicles modified to substantially reduce emissions in lieu
of having the car bought back by VW.   

By virtue of its discovery of VW’s deceit and CARB’s longstanding
role in setting and enforcing tough vehicle standards, California
played a major role in leading, shaping and structuring the
settlement to achieve two basic principles: 1) ensure that
emissions in California due to VW’s cheating are fully mitigated,
and 2) provide consumers with attractive options including
significant inducements that VW must pay.

“This is a good deal for California’s environment and for
California consumers. It will bring over a billion dollars of
projects to California to supercharge our expanding zero-emission
vehicle market, and fully mitigate the environmental harm  to our
air as a result of VW’s cheating,” said CARB Chair Mary D.
Nichols. 

“The Consent Decree also recognizes the crucial contribution the
dogged engineers in CARB’s testing lab played in exposing the
illegal device in the first place – and the exceptionally costly
and difficult challenges we face in our fight for cleaner air in
a state where tens of millions breathe the most heavily polluted
air in the nation.”

“Our state and national environmental protection laws exist to
protect public health and to preserve our planet for future
generations.  Volkswagen undermined these objectives by deceiving
California consumers and flagrantly violating California
environmental and consumer protection laws by manipulating its
diesel vehicles to produce false results when undergoing
emissions testing,” said Attorney General Kamala Harris. “This
landmark agreement not only ensures that consumers who were
deceived are fairly compensated, but also requires Volkswagen to
make unprecedented investments in protecting our environment and
advancing zero emission technology.”

In California, VW’s cheating was particularly harmful, because
our air quality is worse than anywhere else in the nation, with
23 million people living within the nation’s only severe
nonattainment areas for ozone pollution, and 12 million living 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.

“The purpose of California’s rigorous certification and
enforcement program is to catch cheaters like Volkswagen, to take
actions to mitigate the harm they have done and to penalize them
to send the clearest possible signal that cheating doesn’t pay,”
said CARB’s Executive Officer Richard W. Corey. “Volkswagen’s
actions were deeply unfair to Californians who breathe unhealthy
air every day, and offensive to California businesses that invest
their time and money to meet California’s stringent regulatory
requirements. It was also a violation of the trust that consumers
put in Volkswagens’ marketing claims that it was producing clean
vehicles.  We hope that VW now understands that if you cheat you
are going to get caught -- and when you do, it will be costly.”

In September 2015, CARB and U.S. EPA announced that VW had
admitted installing certain software in all 2.0-liter diesel
passenger cars, model years 2009 through 2015. This software was
specifically designed to detect when the car was being tested in
the laboratory and operate to meet the rigorous certification
standards for emissions. But the software also detected when the
car was outside the laboratory and on the open road, and then
effectively bypassed emissions control equipment. As a result,
the software fulfilled the definition of an illegal ”defeat
device” and emissions of nitrogen oxide (or NOx, a smog-producing
pollutant) in normal, everyday driving reached levels up to 40
times the legal standard.  

California’s Share of the National Mitigation Fund:

To address all past and future excess emissions of NOx from the
2.0-liter cars sold in California, under the terms of the Consent
Decree VW must pay $380 million over a three-year period into a
trust for projects to replace older and dirtier heavy duty diesel
vehicles and equipment with advanced zero- or near-zero
technologies. This provides an opportunity to focus reductions of
emissions in disadvantaged communities.  Californians will have
the opportunity for public input on potential projects to be
funded with this money.  California’s share of the $2.7 billion
mitigation fund is proportional to its share of the total number
of affected diesel cars. $900 million is payable in the first
year and other states will apply for their share through the
trust.

California’s 10-year ZEV Infrastructure and Access Fund:
 
The Consent Decree also requires Volkswagen to invest $800
million dollars in ZEV infrastructure and access over a 10-year
period in California. Volkswagen will be installing zero-emission
vehicle fueling infrastructure (for both electric and
hydrogen-powered cars), funding consumer awareness campaigns to
increase the zero-emission vehicle market, and investing in
projects such as car-sharing programs that will increase access
to zero-emission vehicles for all consumers in California. These
brand-neutral projects will support the next generation of
zero-emission vehicles that will be sold in California, helping
to grow the state’s burgeoning ZEV program, and will help lay the
zero-emissions foundation for achieving the State’s air quality
and climate goals.

Under the terms of the settlement, Volkswagen will submit ZEV
investment plans every 30 months, covering $200 million dollars
in investments in each plan, until the full funding level is
expended.  ARB will provide comments and approve each plan after
those comments are addressed. Under the broader national
settlement, Volkswagen will be investing an additional $1.2
billion under the settlement’s National ZEV investment
requirement through the other states for similar projects that
support the transition to zero-emission vehicles in areas of the
U.S. outside California.  

The Consent Decree does not resolve pending claims for civil
penalties or any claims concerning 3.0-liter diesel vehicles, and
does not address any potential criminal liability.

The proposed Consent Decree is now subject to a 30-day public
comment period under provisions of the federal Clean Air Act.


The proposed Consent Decree is here:
https://www.justice.gov/opa/pr/volkswagen-spend-147-billion-settle-allegations-cheating-emissions-tests-and-deceiving

The federal press release is available here:
https://www.epa.gov/newsreleases/volkswagen-spend-147-billion-settle-allegations-cheating-emissions-tests-and-deceiving

The California Attorney General’s press release is available
here:
https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-california-air-resources-board-announce-147

An FAQ on California’s portion of the settlement is available
here:
http://www.arb.ca.gov/msprog/vw_info/vw-diesel-info/vw-diesel-info.htm

Details for car owners and lessees is available here: 
https://www.vwcourtsettlement.com/en/




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