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WV Transportation

WV Department of Transportation

Volkswagen Environmental Mitigation Trust Settlement


Background
In 2016, the United States, on behalf of the United States Environmental Protection Agency (USEPA), filed a complaint against Volkswagen (VW) entities alleging violations of the Clean Air Act regarding approximately 590,000 diesel vehicles sold in the United States. The In In 2016, the United States, on behalf of the United States Environmental Protection Agency (USEPA), filed a complaint against Volkswagen (VW) entities alleging violations of the Clean Air Act regarding approximately 590,000 diesel vehicles sold in the United States. The Subject Vehicles included specific models equipped with 2.0 and 3.0-liter diesel engines. Specifically, the complaint alleged that each of these vehicles contains certain computer algorithms and calibrations that cause the emissions control system of those vehicles to perform differently during normal vehicle operation and use than during emissions testing. The complaint alleged that these computer algorithms and calibrations are prohibited defeat devices under the Clean Air Act, and that during normal vehicle operation and use, the cars emit levels of oxides of nitrogen (NOx) significantly in excess of the USEPA compliant levels. NOx is a pollutant of serious public health concern.

Beneficiary Mitigation Plan
This Beneficiary Mitigation Plan generally lays out the proposed use of West Virginia’s Mitigation Trust allocation and targets certain mitigation goals related to NOx emissions. This Plan is intended to provide the public with insight into West Virginia’s high-level vision for use of the mitigation funds. It also includes principles to maximize public health and environmental benefits, and to focus air quality improvement towards communities that have historically borne a disproportionate share of air pollution and to substantially reduce harmful air pollutants beyond nitrogen oxides. Plan priorities guide selection of projects that emphasize meeting these goals.

The Final Beneficiary Mitigation Plan Is Available Below For Review.
Final State of West Virginia Benificiary Mitigation Plan Draft (3.25 MB PDF)

Reports:
Semi-Annual Report for J​une 2020 - December 2020
Semi-Annual Report for January ​2021 - June 2021
Semi-Annual Report for July ​2021 - December 2021
Semi-Annual Report for January 2022 - June 2022
Semi-Annual Report for July 2022 - December 2​022
Semi-Annual Report for January 2023 - June 2023​
Semi-Annual Report for July 2023 - December 2023
Semi-Annual Report for January 2024 - June 2024​

Comments
The comment period for this program ended on Thursday, May 23, 2019. 

The comment summary for this program is available for review.
 
For More Information
USEPA Information Regarding the Environmental Mitigation/Mitigation Trust Portion of the Settlement
https://www.epa.gov/enforcement/volkswagen-clean-air-act-civil-settlement#mitigation 

Volkswagen’s own public information regarding the action.
https://www.vwdieselinfo.com/ 


Contact
Contact Perry.J.McCutcheon@wv.gov for more information.

The West Virginia Department of Transportation will, upon request, provide reasonable accommodations including auxiliary aids and services necessary to afford an individual with a disability an equal opportunity to participate in our services, programs and activities. Please contact us at (304) 558-3931. Persons with hearing or speech impairments can reach all state agencies by calling (800) 982-8772 (voice to TDD) or (800) 982-8771 (TDD to voice), toll free.
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