The Environmental Protection Agency is issuing a notice of violation of the Clean Air Act to Volkswagen, alleging that four-cylinder Volkswagen and Audi diesel cars from model years 2009-2015 include software that circumvents EPA emissions standards.
California is separately issuing a regulatory letter to Volkswagen, and the EPA and California Air Resources Board have both initiated investigations based on Volkswagen’s alleged actions.
“Using a defeat device in cars to evade clean air standards is illegal and a threat to public health,” said Cynthia Giles, EPA’s assistant administrator for the Office of Enforcement and Compliance Assurance. “Working closely with the California Air Resources Board, EPA is committed to making sure that all automakers play by the same rules. EPA will continue to investigate these very serious matters.”
The EPA said the software on some Volkswagen vehicles detects when the car is undergoing official emissions testing and turns full emissions controls on only during the test. That means in normal driving situations the cars can emit up to 40 times the standard.
By making and selling vehicles with devices that allowed for higher levels of air emissions than were certified to the EPA, Volkswagen violated two provisions of the Clean Air Act, the agency said.
The EPA and CARB uncovered the faulty software after independent analysis by researchers at West Virginia University, working with the International Council on Clean Transportation, a non-governmental organization, raised questions about emissions levels, and the agencies began investigations.
In September, after the EPA and CARB asked about emission problems, Volkswagen admitted that the cars contained faulty software.
The software was designed to conceal the cars’ emission of the pollutant nitrogen oxide, which contributes to ozone and smog. Exposure to these pollutants has been linked to serious health effects, including increased asthma attacks, other respiratory illnesses, and premature death due to respiratory-related or cardiovascular-related effects.
Volkswagen may be liable for penalties for the violations alleged in the notice. The allegations cover about 482,000 diesel passenger cars sold in the United States since 2008.
Affected diesel models include the 2009-2015 Jetta, 2009-2015 Beetle, 2009-2015 Audi A3, 2009-2015 Golf, and 2014-2015 Passat.
Owners of the affected vehicles should receive recall notices from Volkswagen sometime in the next year telling them how to get their cars repaired at no cost, the agency said.
The EPA also said that these vehicles don’t present a safety hazard and the cars are legal to drive and resell.
