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EPA message to automakers: You're on notice

With top administrator Gina McCarthy speaking about the "moral obligation for climate action" on Friday, the Environmental Protection Agency announced it would ramp up its oversight of the auto industry in the wake of Volkswagen's emissions cheating. In a letter sent to manufacturers Friday, the agency said it would begin examining cars to see whether they contained defeat devices "in addition to the standard emissions test cycles." "We are putting vehicle manufacturers on notice." Exactly how the agency plans to test for these devices – which are not devices per se, but algorithms contained in millions of lines of software code that govern vehicle functions – remains unclear. Christopher Grundler, the director of the EPA Office of Transportation and Air Quality, divulged few details in how the agency would uncover so-called defeat devices used by cheaters. "Not today – or actually ever – I'm not going to be describing what new ways we'll be using to detect these defeat devices." Later, he said engineers will have to "come up with some clever ways to do this." The only insight he offered was that the EPA, California Air Resources Board, and Environment Canada would partner on testing more cars for emissions and anomalies. Grundler also said the EPA would diversify its testing fleet. In addition to relying on vehicles provided by manufacturers, the federal agency will now also borrow cars from "private citizens" and utilize rental cars for tests. "We are putting vehicle manufacturers on notice," he said. Joint investigations between EPA and CARB have "been very successful in protecting human health and the environment," said Janet McCabe, the agency's acting administrator in the Office of Air and Radiation. "But we also know, and the Volkswagen violations before us now make it clear, we need to adapt and step up our oversight." That may include an increase in on-road testing in addition to the five emissions tests now more relied upon. The EPA owns and maintains 23 portable emissions-monitoring systems like the one used by West Virginia University researchers who first detected elevated levels of nitrogen oxide emissions from two Volkswagen diesel vehicles. Right now, they're almost exclusively deployed to monitor emission from heavy-duty vehicles, whose NOx emissions "dwarf" the amount produced by light-duty vehicles, which produce less than 2 percent of the total, according to the agency's figures.

Audi's CEO might not have known of VW emissions scheme

There's been no shortage of finger-pointing when it comes to finding people to blame for the Volkswagen diesel-emissions scandal that broke last September. One rather powerful executive, however, appears to have escaped blame. That would be Audi CEO Rupert Stadler, whose company sold about 85,000 diesel vehicles with emissions-cheating software, Reuters says, citing people familiar with the process. US law firm Jones Day questioned executives at both VW and its Audi unit and has found no evidence that Stadler was complicit with the plan, which involved programming Volkswagen-made diesel engines to produce artificially low emissions when the vehicle was being smog-tested. In Audi's case, the engine type in question was the 3.0-liter V6 diesel. Officials with both VW and its Audi unit declined to comment, according to Reuters. That engine was used for the Audi A6, A7, A8, Q5, and Q7 since the 2009 model year, in addition to the VW Touareg and Porsche Cayenne. Audi also sold the VW Group 2.0-liter four-cylinder in the A3 from 2010 to 2013 and 2015. VW has reached an agreement with US regulators concerning that engine, which is also not connected to Stadler. Last month, German newspaper Bild am Sonntag published specifics on how the 3.0-liter diesel cheated the emissions-testing process, including records that the motor was programmed to shut of its emissions-control equipment after 22 minutes of running, or about two minutes longer than typical emissions-compliance testing. Audi said last November that it would work on a software update for the V6's emissions-control system that would be submitted to both the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA), but the VW unit hasn't reached any settlement with US regulators implying that a solution was agreed upon. Volkswagen's settlement with the EPA will cost Europe's largest automaker as much as $15 billion in the form of buybacks, lease buyouts, vehicle repairs, and investments in zero-emissions technology. VW sold about a half-million vehicles in the US that contained the so-called "cheat" software. Related Video: News Source: Reuters Government/Legal Green Audi Volkswagen Diesel Vehicles vw diesel scandal scandal Rupert Stadler

UAW tactics called into question at VW's TN plant

The United Auto Workers is in hot water with some of the very workers it is trying to unionize at Volkswagen's Chattanooga assembly plant. According to The Tennessean, eight Volkswagen factory workers have filed complaints against the UAW with the National Labor Relations Board, claiming the union "misled or coerced" them into formally asking for union representation.
The UAW has instituted a major push at the Chattanooga plant to represent the 2,500 hourly laborers that build the VW Passat by using what's called a card-check process. The tactic is opposed by the National Right to Work Legal Defense foundation, the group representing the workers. The card-check process demands that a company recognize a union that obtains the signatures of more than half its workforce, according to The Tennessean. This tactic is in contrast to the more traditional route, which sees employees vote on union representation.
The workers filing the complaint claim that the UAW told them the cards merely called for a secret ballot, rather than an outright demand for union representation. Workers also allege that the UAW has made it overly difficult to reclaim their signed cards, some of which were signed so long ago that they have been rendered invalid. Although the cards can force a company's hand, federal law still allows the company to ask for a secret ballot before yielding to unionized workers.