A Notice of Violation notifies the recipient that EPA believes that it has violated the
Clean Air Act.
Volkswagen, Audi, and Porsche installed software on certain diesel vehicles that is designed to detect when the vehicle is undergoing emissions testing and turns full emissions controls on only during the test. The effectiveness of emissions control devices is reduced during all normal driving. This results in cars that meet emissions standards in the laboratory or testing station, but during normal operation, emit nitrogen oxides at levels up to 40 times the standard. This software is a "defeat device" that is prohibited under the Clean Air Act. On September 18, 2015 EPA issued a Notice of Violation of the Clean Air Act to Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc (collectively, Volkswagen). The notice alleges that Volkswagen installed software in its model year 2009-2015 2.0 liter diesel cars that circumvents EPA emissions standards. These vehicles emit up to 40 times more pollution than emissions standards allow. On September 25, 2015, EPA announced that defeat device screening protocols would be included in compliance oversight programs going forward. On November 2, 2015 EPA issued a different Notice of Violation of the Clean Air Act to Volkswagen, Audi, and Porsche for producing and selling 3.0 liter diesel cars and SUVs that include a software device that circumvents EPA emissions standards for certain air pollutants. These vehicles emit up to nine times more pollution than emissions standards allow. On November 19, Volkswagen officials informed EPA that the defeat device has existed in all of its U.S. 3.0 liter diesel models since 2009. On January 4, 2016, the Department of Justice filed a complaint on behalf of EPA against Volkswagen AG, Audi AG, Volkswagen Group of America, Inc., Volkswagen Group of America Chattanooga Operations, LLC, Porsche AG, and Porsche Cars North America, Inc. for alleged violations of the Clean Air Act. On June 28, 2016 Volkswagen entered into a multi-billion dollar settlement to partially resolve alleged Clean Air Act violations based on the sale of 2.0 liter diesel engines that were equipped with software designed to cheat on federal emissions tests, known as defeat devices. EPA expects to order Volkswagen, Porsche, and Audi to issue recalls in the future to reduce the emissions impacts of these vehicles. EPA and its partners the California Air Resources Board and Environment Canada are testing all current 2015-2016 light duty diesel vehicles to screen for potential defeat devices. The agencies will announce the results when testing is complete. The Volkswagen emissions erupted on 18 September 2015, when the United States Environmental Protection Agency (EPA) issued a notice of violation of the Clean Air Act to German automaker Volkswagen Group after it was found that Volkswagen had intentionally programmed turbocharged direct injection (TDI) diesel engines to activate certain emissions controls only during laboratory emissions testing. The
programming caused the vehicles' NOx output to meet US standards during
regulatory testing but emit up to 40 times more NOx in real-world driving.[12] Volkswagen deployed this programming in about eleven million cars worldwide, and 500,000 in the United States, during model years 2009 through 2015.
The findings stemmed from a study on emissions discrepancies between European
and US models of vehicles commissioned in 2014 by the International Council on Clean Transportation (ICCT), summing up the data from three different sources on 15 vehicles. Among the research groups was a group of five scientists at West Virginia University, who detected additional emissions during live road tests on two out of three diesel cars. ICCT also purchased data from two other sources. The new road testing data and the purchased data were generated using Portable Emissions Measurement Systems (PEMS) invented by an EPA engineer in 1995
Volkswagen became the target of regulatory investigations in multiple countries,
[20] and Volkswagen's stock price fell in value by a third in the days immediately after the news. Volkswagen Group CEO Martin Winterkorn resigned, and the head of brand development Heinz-Jakob Neusser, Audi research and development head Ulrich Hackenberg, and Porsche research and development head Wolfgang Hatz were suspended. Volkswagen announced plans to spend US$7.3 billion (later raised to 16.2 billion, US$18.32 billion[21]) on rectifying the emissions issues, and planned to refit the affected vehicles as part of a recall campaign