EPA charges Volkswagen with diesel engine emissions controls violations

(September 19, 2015) Volkswagen and Audi sold about 482,000 diesel vehicles with illegal emissions control software designed to make their cars appear cleaner in testing than they are in the real world, the EPA asserted on Friday.

The software, included on VW and Audi vehicles from the 2009-15 model years with 2.0-liter turbodiesel engines, detects when a car is undergoing EPA emissions testing and turns on the vehicle’s full emissions controls. The software then switched off the full emissions controls during real-world driving, the EPA said in a statement.

The device allowed the German automaker to evade requirements in selling 482,000 diesel 2009-2015 Volkswagen Jetta, Passat, Sportwagen, Beetle and Audi A3 cars with 2.0-liter engines, and let them to emit 10 to 40 times allowable pollution, environmental officials allege. That action, they said, is illegal and a public health threat.

EPA officials called the software a “defeat device” that allowed VW and Audi vehicles to fulfill emissions standards in lab testing, but emit nitrogen oxides at up to 40 times allowable levels in real-world driving.

The claims are outlined in a letter and notice was sent by EPA officials to VW executives on Friday.

“These violations are very serious, not only because illegal defeat devices results in excess emissions many times the allowable standard, but also because VW was concealing the facts from EPA, the state of California and consumers,” Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance, said in a conference call. “We expected better from VW.”

The Environmental Protection Agency and California’s Air Resources Board said VW violated federal law and, in theory, could face fines of up to $18 billion — $37,500 per vehicle — as well as criminal prosecution. Both agencies issued notices of non-compliance to VW Friday, a step necessary before ordering a recall.

Ellen Bloom, senior director of federal policy for Consumers Union, the advocacy arm of Consumer Reports, said, “This is a serious violation of the law. Volkswagen was ripping off the consumer and hurting the environment at the same time. The carmaker was apparently installing software in vehicles that effectively let them generate more pollution than advertised. It’s outrageous.

"We applaud the EPA and California for cracking down on Volkswagen. These actions send a powerful message that if a carmaker uses technology to get around the rules, regulators are going to come down hard on you for breaking the law.”

Sources: Automotive News, press reports