The U.S. Environmental Protection Agency (EPA) and California Air Resources Board (CARB) have issued a disapproval of Volkswagen’s (VW) Proposed Emissions Modification for the manual transmission version of Generation 2 2.0-liter model year 2012 – 2014 diesel Passat vehicles. The disapproval was issued because vehicles equipped with the proposed emissions modification failed the Agencies’ emissions tests. The disapproval means that, at this time, VW does not have an eligible remedy that meets the consent decree’s emissions requirements, which include a reduction in nitrogen oxide (NOx) emissions.

Pursuant to the settlement, after the date of the disapproval letter, VW has 30 days to provide a different proposed remedy and 90 days to submit a revised Proposed Emissions Modification that resolves all of EPA and CARB’s bases for disapproval. VW has indicated that it intends to submit a revised proposal which would be due by December 6, 2017. If a revised proposal is submitted, EPA and CARB will review and will use best efforts to issue either an approval or a final notice of disapproval within 45 days. If VW submits a revised proposal and if EPA and CARB approve it, VW may then offer the modification to customers who wish to keep their vehicle. If VW submits a revised proposal and if EPA and CARB again disapprove it, the emissions modification option will not be available for owners of manual transmission model year 2012 – 2014 Passats, and VW will not be allowed to resell the vehicles it buys back.

See https://www.vwcourtsettlement.com Exitfor more information on the class action settlement.  

• Notice of Disapproval of Proposed Emissions Modification: Test Groups CVWXV02.0U4S, DVWXV02.0U4S and EVWXV02.0U4S of 2.0 Liter Subject Vehicles Covering Model Year 2012, 2013 and 2014 Volkswagen Passat Diesel Vehicles with Manual Transmissions (PDF)(7 pp, 1 MB, September 7, 2017)