Volkswagen Settlement with the EPA
On Oct. 2, 2017, a Partial Consent Decree was finalized between the U.S. Department of Justice, the Volkswagen (VW) Corporation, and its subsidiaries regarding the installation and use of emissions-testing "defeat devices" in over 500,000 vehicles sold and operated in the United States beginning in 2009. Use of these defeat devices has increased air emissions of nitrogen oxide (NOx), resulting in adverse impacts to air quality and violating the federal Clean Air Act.
The VW Environmental Mitigation Trust has been established as part the settlement. States are to identify and provide funds to projects that mitigate air quality impacts from high-emitting diesel vehicles and engines. The State of Delaware’s share of the Environmental Mitigation Trust is approximately $9.6 million. The Trust establishes a process to administer and receive the funds for eligible mitigation actions.
Delaware's Mitigation Plan
In response to the Settlement, DNREC's Division of Air Quality has developed a proposed mitigation plan to accept and distribute these funds to eligible projects. The proposed plan is focused on the eligible types of mitigation actions that can produce the greatest air quality benefit in terms of NOx emission reductions, reduce public exposure, and promote clean vehicle technologies. The proposed state mitigation plan can be found here.
Delaware's Beneficiary Certification
By the terms of Appendix D-3 paragraph No. 7, The Beneficiary certifies that it will maintain and make publically available all documentation and records: (i) submitted by it in support of each funding request; and (ii) supporting expenditures of Trust Funds by the Beneficiary.
The following is Delaware’s Beneficiary Certification documentation associated with Appendix D-3:
Getting Delaware citizens involved
States are required to develop plans that ensure they achieve the greatest air quality benefit in terms of NOx emission reductions, reduce public exposure, and promote clean vehicle technologies. Initial state plans are due 60 days after a Mitigation Trustee is named.
DNREC held a public workgroup meeting March 28 on the Volkswagen Environmental Mitigation Plan. The following links provide more information:
DNREC held an earlier public meeting March 23, 2017 on the VW Environmental Mitigation Plan. The following links provide more information:
To learn more about upcoming activities, please click here to sign up for the VW Mitigation Plan email Listserv list.
Resources and Links
For more information, please email VW_Mitigation_Plan@state.de.us or Deanna Cuccinello, or call 302-739-9402
Date Revised: May 2, 2018