The EPA issued a second notice of violation to Volkswagen for installing software on certain 2014-2016 diesel vehicles that detects when emissions tests are being conducted and changes the vehicle's performance to improve results. This software allowed the vehicles to emit nitrogen oxide, a pollutant linked to health issues, at levels up to 9 times the legal limit during normal driving. The notice covers around 10,000 vehicles and Volkswagen may face penalties for violating the Clean Air Act.

1. EPA, California Notify Volkswagen of Additional Clean Air Act Violations
Release Date: 11/02/2015
WASHINGTON – 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

2. 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

3. 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.