The automaker was found to be producing cars containing a device designed to dodge federal emissions standards.
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The Environmental Protection Agency and California issued a notice of violation of the Clean Air Act to Volkswagen Friday over a device in certain models that allows vehicles to emit pollutants without detection during normal operation, according to a statement released by the EPA.
The so-called "defeat device," found in 2009-2015 model Volkswagen and Audi diesel cars, uses sophisticated software that turns on full emissions controls only during official lab tests but then turns them down during normal driving. As a result, the cars release nitrogen oxides at up to 40 times the federal standard, according to agency.
"Using a defeat device in cars to evade clean air standards is illegal and a threat to public health," said Cynthia Giles, Assistant Administrator for the EPA's Office of Enforcement and Compliance Assurance.
The notice covers roughly 482,000 diesel cars sold in the U.S. since 2008. The affected models include Volkswagen Jetta (model years 2009 – 2015), Volkswagen Beetle (model years 2009 – 2015), Audi A3 (model years 2009 – 2015), Volkswagen Golf (model years 2009 – 2015) and Volkswagen Passat (model years 2014-2015).
The Clean Air Act requires every car manufacturer to get EPA certification that the cars meet federal emission standards. Any car with a defeat device cannot be certified by the agency. Volkswagen violated two provisions of the Act by manufacturing and selling cars with defeat devices, according to the agency.
The agency was alerted after an analysis by researchers at West Virginia University and the International Council on Clean Transportation raised questions about the emissions levels in the vehicles. Volkswagen admitted that the cars contained defeat devices in September after the EPA and the California Air Resources Board demanded an explanation for the problem.
(AP Photo/Nick Ut)
"We intend to hold VW responsible for recalling the affected vehicles," said Janet McCabe, Acting Assistant Administrator with the EPA Office of Air & Radiation, in a call with reporters on Friday. She said no recall is in effect as of now.
Under the Act, the agency can order an injunction that would prohibit the company from continuing to manufacture or sell the cars. It could hold VW responsible for civil penalties that could amount to $18 billion, said the agency in a call with reporters on Friday.
"VW is cooperating with the investigation," said VW spokeswoman Jeannine Ginivan in a statement to BuzzFeed News. She declined to comment further.
Exposure to nitrous oxide has been linked to various health issues including increased asthma attacks and other respiratory illnesses. However, the emissions from the affected vehicles do not pose a safety hazard and the cars are still legal to drive and sell, said the agency.
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