Volkswagen’s problems related to its diesel emissions scandal isn’t going away anytime soon. In fact, it might have just gotten worse. According to a press release issued by the Environmental Protection Agency, VW is once again being tagged with a notice of violation of the Clean Air Act after it was reportedly discovered that its bigger diesel engines also had devices that were installed to cheat emissions tests.

This discovery could lead to another bruising black eye to the German automaker and it figures to get even worse now that Audi and Porsche have been thrown into the mix. The new NOV alleges that Volkswagen, as the parent company of VW, Audi, and Porsche, installed a similar defeat device in a number of 2014 to 2016 model year VW, Audi, and Porsche light duty diesel models equipped with 3.0-liter six-cylinder engines. The objective of these defeat devices is similar to that found on the four-cylinder diesel models and that’s to intentionally mask the engine’s emissions of nitrogen oxide (NOx) during emissions tests. In real-driving, these engines were found to emit up to nine times the EPA’s standard.

The NOV also pointed to the discovery of these new violations, which happened after the first NOV for its 2.0-liter four-cylinder diesel engines was issued to Volkswagen back in September 18, 2015. The EPA followed that up by testing all 2015 and 2016 light duty diesel models available in the U.S using updated testing procedures specifically designed to detect these defeat devices. These tests, which were performance by the EPA’s National Vehicle and Fuel Emissions Laboratory, CARB’s Haagen-Smit Laboratory, and Environment Canada’s River Road Laboratory, unearthed more models that had their own defeat devices.

Among the models affected in the new NOV include the 2014 Volkswagen Touareg, the 2015 Porsche Cayenne, and the 2016 Audi A6 Quattro, A7 Quattro, A8, A8L, and Q5. The NOV is approximating that over 10,000 diesel passenger cars already sold in the US since MY 2014 are affected, as are an unknown number 2016 models.

For its part, Volkswagen has denied any knowledge of this new cheating fiasco, explaining that the cars the EPA is referring to now "had a software function which had not been adequately described in the application process." This function, according to VW, is not capable of altering emissions characteristics in a "forbidden manner."

Continue reading for the full story.

Why it matters

Where do I even begin?

That seems to be the question of the day among those who have been following this scandal since it first broke in September 2015. As if it was bad enough that Volkswagen’s already embroiled in one notice of violation, now comes another one?
There are a couple of things that need to be pointed out, if this new NOV is true. First, how widespread is this cheating scandal? Granted, the 10,000 models cited in the new NOV is a far cry from the 500,000 US cars already cited by the EPA and the 11 million VW diesel cars worldwide. But, this isn’t about numbers anymore, this is about a systematic attempt at deceiving its customers and a complete disregard of environmental safety standards.

It also puts into question Volkswagen’s claims that only a handful of software developers in Germany were responsible for the defeat devices. No matter how the Germany automaker tries to spin it now, it’s going to be even more difficult to find anybody who believes these explanations. I, for one, am not buying it anymore.
It’s not just Volkswagen anymore. Audi and Porsche have been thrown into the fire too, based on the affected models the EPA cited, we’re not talking about entry level models from either brand. We’re talking about flagship models, the very cars both Audi and Porsche are touting as the crown jewels of their lineups. Now, they’re compromised too? Porsche itself was surprised to see the Cayenne Diesel involved in the defeat device scandal, saying that until this particular notice, the company was led to believe that the SUV was fully compliant.

There’s really no going around it anymore. Volkswagen can deny this all it wants, but the ship has sailed as far as public perception is concerned. The German automaker’s in deep trouble and there’s no turning back. Its reputation is in tatters and its long-term credibility is at stake.

With that in mind, it’s imperative for the company to just fess up and come clean, no matter how far-reaching this mess turns into. It’s really the only move left to make at this point.

Volkswagen Touareg

2015 - 2016 Volkswagen Touareg High Resolution Exterior
- image 549614

Read our full review here.

Press Release

Today, EPA is issuing a second notice of violation (NOV) of the Clean Air Act (CAA) to Volkswagen AG, Audi AG and Volkswagen Group of America, Inc. This NOV is also being issued to Porsche AG and Porsche Cars North America. These five companies are collectively referred to as Volkswagen (VW). The NOV alleges 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 that increases emissions of nitrogen oxide (NOx) up to nine times EPA’s standard. The vehicles covered by today’s NOV are the diesel versions of: the 2014 VW Touareg, the 2015 Porsche Cayenne, and the 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 MY 2014. In addition, the NOV covers an unknown volume of 2016 vehicles.

These alleged violations are in addition to the NOV issued on September 18th 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 for the 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."

"On September 25, the California Air Resources Board sent letters to all manufacturers letting them know we would be screening vehicles for potential defeat devices," said Richard Corey, Executive Officer of the California Air Resources Board. "Since then ARB, EPA and Environment Canada have continued test programs on additional diesel-powered passenger cars and SUVs. These tests have raised serious concerns about the presence of defeat devices on additional VW, Audi and Porsche vehicles. Today we are requiring VW Group to address these issues. This is a very serious public health matter. ARB and EPA will continue to conduct a rigorous investigation that includes testing more vehicles until all of the facts are out in the open."

Following the September 18th NOV issued for 2.0 liter engines, on September 25th EPA initiated testing of all 2015 and 2016 light duty diesel models available in the U.S using updated testing procedures specifically designed to detect potential defeat devices. That testing led directly to the alleged violations covered under today’s NOV. The NOV is based on vehicle emission testing performed by the EPA’s National Vehicle and Fuel Emissions Laboratory, CARB’s Haagen-Smit Laboratory, and Environment Canada’s River Road Laboratory.

Affected diesel models include:

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

November 2 Notice of Violation Details:

As alleged in the NOV, VW manufactured and installed software in the electronic control module of these vehicles that senses when the vehicle is being tested for compliance with EPA emissions standards. When the vehicle senses that it is undergoing a federal emissions test procedure, it operates in a low NOx "temperature conditioning" mode. Under that mode, the vehicle meets emission standards. At exactly one second after the completion of the initial phases of the standard test procedure, the vehicle immediately changes a number of operating parameters that increase NOx emissions and indicates in the software that it is transitioning to "normal mode," where emissions of NOx increase up to nine times the EPA standard, depending on the vehicle and type of driving conditions. In other tests where the vehicle does not experience driving conditions similar to the start of the federal test procedure, the emissions are higher from the start, consistent with "normal mode."

VW’s software on these vehicles includes one or more Auxiliary Emission Control Devices (AECD) that the company failed to disclose, describe and justify in their applications for certificate of conformity for each model. Every manufacturer must apply to EPA for and be approved for a certificate of conformity for each model, each year otherwise it is illegal to introduce the cars into commerce. An AECD designed to circumvent emissions test is a defeat device.

The Clean Air Act requires vehicle manufacturers to certify to EPA that their products will meet applicable federal emission standards to control air pollution, and every vehicle sold in the U.S. must be covered by an EPA-issued certificate of conformity. The Clean Air Act also prohibits manufacturers’ making and selling vehicles equipped with defeat devices that reduce the effectiveness of the emission control system during normal driving conditions. By making and selling vehicles with defeat devices and by selling vehicles with higher levels of air emissions than were certified to EPA, Volkswagen allegedly violated two important provisions of the Clean Air Act.

NOx pollution contributes to harmful ground-level ozone and fine particulate matter. Exposure to these pollutants has been linked with a range of serious health effects, including increased asthma attacks and other respiratory illnesses. Exposure to ozone and particulate matter has also been associated with premature death due to respiratory-related or cardiovascular-related effects. Children, the elderly, and people with pre-existing respiratory disease are particularly at risk of health effects from exposure to these pollutants.

VW 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. Owners looking for additional information can visit: http://www3.epa.gov/otaq/cert/violations.htm and scroll down to Frequently Asked Questions.

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