The United States Environmental Protection Agency (EPA) said that it has issued a second notice of violation (NOV) of the Clean Air Act to Volkswagen AG, Audi AG, Volkswagen Group of America, Porsche AG and Porsche Cars North America.
This is in relation to an allegation that Volkswagen also developed and installed defeat devices on certain VW, Audi and Porsche light duty diesel vehicles with model years from 2014 to 2016 that has been running on 3.0 liter engines.
The vehicle models affected in the latest Volkswagen emissions scandal include the 2014 Volkswagen Touareg, 2015 Porsche Cayenne, 2016 Audi A6 Quattro, 2016 Audi A7 Quattro, 2016 Audi A8 and 2016 Audi Q5. According to the NOV, VW had manufactured and installed a software of the electronic control module of these vehicles that puts the vehicle on “temperature conditioning” mode when it is undergoing a federal emissions test procedure. Just a second after the completion of the initial phase of the standard test procedure, however, the vehicle then switches to “normal mode.” In the said mode, the vehicle emissions of nitrogen oxide (NOx) are actually up to nine times the EPA standard.
Moreover, the EPA alleges that VW had failed to disclose that their vehicles’ software includes one ore more Auxiliary Emission Control Devices (AECD) when they submitted their applications for the certificate of conformity for each of the affected vehicle models. An AECD that helps a vehicle cheat emissions test is classified as a defeat device. Car manufacturers are actually required to apply to EPA for each model year and the EPA must approve the certificate of conformity before a car model can be allowed into the market.
The recent NOV covers as much as 10,000 diesel passenger cars that have already been sold in the U.S. At the same time, it also covers an unknown number of 2016 vehicles. Volkswagen has to be able to submit a draft recall plan to the Air Resources Board by November 20. Meanwhile, the company says, “Volkswagen will cooperate fully with the EPA clarify this matter in its entirety.”