EPA Notifies VW of Additional Clean Air Act Violations

WASHINGTON November 3, 2015; NACSonline reported that5 yesterday the U.S. Environmental Protection Agency (EPA) issued a second notice of violation (NOV) of the Clean Air Act (CAA) to Volkswagen, Porsche AG and Porsche Cars North America, alleging that VW developed and installed a defeat device in certain VW, Audi and Porsche light-duty diesel vehicles equipped with 3.0 liter engines for model years (MY) 2014 through 2016.

The affected diesel models include:

2014 VW Touareg
2015 Porsche Cayenne
2016 Audi A6 Quattro, A7 Quattro, A8, A8L and Q5

EPA and the California Air Resources Board (CARB) have both initiated investigations based on Volkswagen’s alleged actions. The NOV covers approximately 10,000 diesel passenger cars already sold in the United States since model year 2014, and also covers an unknown volume of 2016 vehicles.

These alleged violations are in addition to the NOV issued on September 18 and the ongoing investigation by EPA alleging a defeat device on certain 2.0 liter engines for MY 2009-2015 vehicles.

“VW has once again failed its obligation to comply with the law that protects clean air for all Americans,” said Cynthia Giles, assistant administrator, Office for EPA’s Enforcement and Compliance Assurance. “All companies should be playing by the same rules. EPA, with our state, and federal partners, will continue to investigate these serious matters, to secure the benefits of the Clean Air Act, ensure a level playing field for responsible businesses, and to ensure consumers get the environmental performance they expect.”

According to EPA, Volkswagen may be liable for civil penalties and injunctive relief for the violations alleged in the NOV. VW will have an opportunity to respond to the allegations contained in the NOV. It is Volkswagen’s responsibility to fix the vehicles’ emissions systems. Although these vehicles have emissions exceeding standards, these violations do not present a safety hazard for car owners and drivers and the vehicles remain legal to drive and resell. Owners of vehicles of these models and years do not need to take any action at this time, says the agency.