#Dieselgate: US Environmental Protection Agency says Fiat Chrysler used emission-control devices

The U.S. Environmental Protection Agency (EPA) today (12 January) issued a notice of violation to Fiat Chrysler for alleged violations of the Clean Air Act for installing and failing to disclose 'auxiliary emission control devices' and are checking to see if they constitute so-called ‘defeat devices’. The undisclosed software results in increased emissions of nitrogen oxides (NOx) from the vehicles. The allegations cover roughly 104,000 vehicles.

EPA is working in coordination with the California Air Resources Board (CARB), which has initiated investigations.

“Failing to disclose software that affects emissions in a vehicle’s engine is a serious violation of the law, which can result in harmful pollution in the air we breathe,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “We continue to investigate the nature and impact of these devices. All automakers must play by the same rules, and we will continue to hold companies accountable that gain an unfair and illegal competitive advantage.”

“Once again, a major automaker made the business decision to skirt the rules and got caught,” said CARB Chairwoman Mary D. Nichols. “We enhanced testing as the Volkswagen case developed, and this is a result of that collaboration.”

The US Clean Air Act requires vehicle manufacturers to demonstrate to EPA through a certification process that their products meet applicable federal emission standards to control air pollution. As part of the certification process, automakers are required to disclose and explain any software, known as auxiliary emission control devices, that can alter how a vehicle emits air pollution. By failing to disclose this software and then selling vehicles that contained it, FCA violated important provisions of the Clean Air Act.

Fiat Chrysler may be liable for civil penalties and injunctive relief for the violations alleged.

Volkswagen reached a €15bn settlement with 500,000 US drivers in 2016. Volkswagen has resisted any similar pay outs in Europe, arguing that defeat devices are not illegal in Europe. While both US and EU legislation address the question of defeat devices the European legislation is, VW argue, not as clear.

The European Parliament established an inquiry committee to investigate the car-pollution scandal, they met for the first time in March 2016, we spoke with the Chair Kathleen Van Brempt MEP at the time. The committee was set up for 12 months, holding hearings with key representatives from the EU, national authorities and industry.

The inquiry committee into emission measurements in the car industry (EMIS) questioned Fiat Chrysler Automobiles’ Chief Technical Officer Harald Wester in October last year, following a claim by the German type-approval authorities that Fiat Chrysler is using a “defeat device” in one of its diesel models to switch off exhaust treatment systems after 22 minutes, knowing that the standard type approval test takes about 20 minutes.

Wester said in his introduction that he could not comment on the details of a matter which is subject to mediation and litigation, but nonetheless stressed that the car model in question meets emission standards in the test and does not detect that it is being tested. He also denied that the car’s software “switches off” the emissions control system - according to him it is just “modulated” to protect the engine.

EMIS members nonetheless requested more details, because EU legislation explicitly forbids so called “defeat devices”, even though it does allow an exemption in specific circumstances, which, according to Fiat Chrysler, justify the “modulation” of emissions control.

On questions about tests in France, which showed that emissions were up to 15 times greater than claimed by the manufacturer, Mr Wester said that to explain this, he would need to have more data about the test conditions. He also agreed with some members that EU legislation on car emissions should be harmonised with that of the USA, which is stricter, or even standardised worldwide.

The committee will conclude with a final report summarizing its findings and making policy recommendations.

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