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VW Settlement FAQ

General Volkswagen (VW) Settlement Questions

Q. What is in the VW settlement?

  1. In late 2015, VW came to a settlement regarding excess emissions from nearly 500,000 affected 2.0 liter and 83,000 affected 3.0 Liter diesel vehicles sold and leased in the U.S., including approximately 25,000 in New York. The settlement includes buyback options for vehicle owners and lessees of affected vehicles, as well as a commitment to invest in zero emission vehicle infrastructure and education, and payments to states to establish state specific programs to reduce nitrogen oxide (NOx) emissions.

Q. Where can I find additional information about the settlement?

  1. The United State Environmental Protection Agency (EPA) has setup a website to provide information regarding the VW Settlement. See the VW Settlement link on the right side of this page.

    In addition, VW created www.vwcourtsettlement.com to provide consumers with information on the settlement and buyback/modification program along with access to all court documents.

Q. What vehicles are affected?

  1. Affected 2.0 liter diesel vehicle models and model years:
  • Jetta (2009-2015)
  • Jetta Sportwagen (2009-2014)
  • Beetle (2013-2015)
  • Beetle Convertible (2013-2015)
  • Audi A3 (2010-2015)
  • Golf (2010-2015)
  • Golf Sportwagen (2015)
  • Passat (2012-2015)

Affected 3.0 liter diesel vehicle models and model years:

  • Volkswagen Touareg (2009-2016)
  • Porsche Cayenne (2013-2016)
  • Audi A6 Quattro (2014-2016)
  • Audi A7 Quattro (2014-2016)
  • Audi A8 (2014-2016)
  • Audi A8L (2014-2016)
  • Audi Q5 (2014-2016)
  • Audi Q7 (2009-2016)

Q. What are my options if I own an affected vehicle?

  1. Under the settlement, VW must offer every owner and lessee of an affected 2.0 liter diesel vehicle the option of a buyback or lease termination. Additionally, VW must offer owners and lessees the option of an emissions modification in accordance with certain performance and design requirements.

    On January 6, 2017, EPA and the California Air Resources Board (CARB) approved a remedy proposed by Volkswagen that will reduce the excess NOx emissions from the Generation 3 diesel 2.0 liter vehicles. With this approval, VW can offer vehicle owners the choice to keep and fix their car, or to have it bought back. See the "VW Diesel Emission Settlement Program" link at the right side of this page. VW set up www.vwsettlement.com to provide consumers with extensive information on the settlement and buyback/modification program.

Q. What other provisions are included in the VW settlement?

  1. In addition to allocating more than $10 billion for direct compensation to owners of affected vehicles, VW has committed $2 billion for direct investment in the ZEV (zero emission vehicle) refueling infrastructure and the promotion of ZEVs. VW will also place approximately $2.9 billion into an environmental mitigation trust fund that will be used to fund projects that will collectively offset the lifetime excess NOx emissions from the affected vehicles.

Zero Emission Vehicle (ZEV) Investment Commitment

Q. What is the VW ZEV Investment Commitment?

  1. As part of the VW Settlement, VW is required to invest $2 billion in ZEV charging infrastructure and in the promotion of ZEVs. VW will control this fund and invest $800 million in California and $1.2 billion throughout the rest of the nation over the next decade.

    Examples of ZEV investment include Level 2 and fast charging facilities at multi-unit dwellings, workplaces, and public sites, using non-proprietary connectors. Brand-neutral education and public outreach that increases public awareness of ZEVs will also be included in the VW ZEV Investment Commitment.

Q. What impact will the VW ZEV Investment Commitment have in New York?

  1. New York has strongly encouraged VW to pursue large investments in New York to expand the ZEV refueling network. There is an urgent need to expand Level 2 and fast charging locations throughout the state. Zero emission vehicle infrastructure investment may also include hydrogen fueling stations for fuel cell vehicles.

    More information concerning the VW ZEV investment can be found at www.electrifyamerica.com

Environmental Mitigation Trust Fund

Q. What is the Environmental Mitigation Trust Fund?

  1. The VW Settlement requires VW to fund a $2.9 billion mitigation trust fund. The mitigation trust fund will provide funding to states for projects that will reduce nitrogen oxides (NOx). The total $2.9 billion funding for the mitigation trust fund is intended to fully mitigate the total, lifetime excess NOx emissions from the 2.0 liter diesel vehicles.

Q. What impact will the Environmental Mitigation Trust Fund have in New York?

  1. Pursuant to Appendix D-1 of the Partial Consent Decree, once New York becomes a beneficiary, New York's initial allocation will be over $127 million. A state may include any specifically defined eligible mitigation action as defined in the Partial Consent Decree (see below). New York State will be developing a Mitigation Plan to use this funding to reduce NOx emissions in New York.

Q. What types of projects are eligible to use the environmental mitigation trust funds?

  1. The eligible mitigation actions include projects in the following categories:
  • Class 8 Local Freight Trucks and Port Drayage Trucks (repower/replacement)
  • Class 4-8 School Bus, Shuttle Bus or Transit Bus (repower/replacement)
  • Railroad Freight Switchers (repower/replacement)
  • Ferries or Tugs (repower only)
  • Ocean Going Vessels (OGV) Shorepower
  • Class 4-7 Local Freight Trucks (repower/replacement)
  • Airport Ground Support Equipment (all-electric repower/replacement)
  • Forklifts and Port Cargo Handling Equipment (all-electric repower/replacement)
  • Light Duty Zero Emission Vehicle Supply Equipment
  • Diesel Emission Reduction Act (DERA) Option

    Each category has specific eligibility requirements and allowable reimbursement amounts depending on the type of project. It is recommended that Appendix D of the VW Partial Consent Decree be reviewed for specific requirements. There is a link to the court documents on the right side of this page. Vehicle class information can be found at the "Vehicle Weight Class" link at the right side of this page.

Q. What are the differences between the first nine eligible mitigation actions and the last listed eligible mitigation action regarding Diesel Emission Reduction Act (DERA)?

  1. EPA has more information that describes the different eligibility requirements and funding levels available through the DERA Option. DERA Option information link is on the right side of this page. DERA eligibility requirements may change from year to year. The availability of DERA Option is subject to Congressional approval and funding of the DERA program each year.

Q. How will the mitigation projects be selected?

  1. New York will conduct an open, transparent and public process to allow citizens and stakeholders to provide input and comment on possible NOx mitigation projects. A Beneficiary Mitigation Plan will be filed with both the Court and the Trustee and will guide New York's project selection process. New York will be looking to implement projects that have significant NOx reductions and can be completed in a timely manner, located in areas of air quality concern, and in areas that have received a disproportionate amount of diesel emissions or that provide for significant statewide NOx reductions. Formal project submission requirements and schedules will be established in the future.

Q. Where can I submit suggestions or comments regarding mitigation projects in New York?

  1. Comments and suggestions can be submitted to VW.AppenD@dec.ny.gov. Please also include your name and contact information to be included in outreach efforts.

Q. How can I be notified of upcoming outreach events, grant programs, mitigation plan development and future VW settlement information?

  1. Upcoming outreach events will be listed on the DEC VW Settlement webpage. Webinars and public outreach meetings are being planned.