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Wednesday, October 14, 2020

Watch out carmakers - CARB is coming after you (and your pocketbooks)!

The California Air Resources Board warned automakers today that it will not tolerate any more emission control bypass shenanigans similar to what Volkswagen, Audi, Porsche, and most recently, Mercedes Benz-Daimler have done.

As you may recall, CARB and the USEPA issued fines and other penalties in the billions of dollars after discovering that many vehicles were purposely designed to bypass state and federally required emission controls unless an emissions compliance test was being performed.

Photo Credit: Ruben de Rijcke / CC BY-SA (https://creativecommons.org/licenses/by-sa/3.0)

In September of 2015, CARB sent a letter to all automakers asking them to voluntarily disclose any such systems they may not yet have reported. Apparently not satisfied with the response, CARB issued another warning today threatening severe repercussions if it or EPA, utilizing new laboratories and testing equipment, discover violations that have not been reported.

Here is an excerpt from today's letter, in which CARB expressed its dissatisfaction with the small response:

"On September 25, 2015, the California Air Resources Board (CARB) wrote light-, medium-, and heavy-duty vehicle and engine manufacturers to remind them to properly disclose all auxiliary emission control devices (AECDs) at the time of certification. That letter also informed manufacturers of CARB’s intent to begin using then newly-developed screening tests in CARB’s In-Use Compliance Program, in addition to standard certification emission test cycles, to identify unapproved AECDs and defeat devices, the discovery of which would subject the manufacturer to penalties and remedial measures. The goal of that letter was clear: for manufacturers to proactively inform CARB of undisclosed software devices and reintroduce a level of trust and forthrightness into the certification process."

"While a handful of manufacturers stepped forward over the last five years, the vast majority did not. As promised in 2015, CARB moved forward with expanded testing programs and a suite of newly developed techniques to detect unauthorized AECDs and defeat devices in diesel engines." 

"This situation will not continue--It is a clear violation of public health to pollute the air with illegal devices, and it undermines the essential trust that has supported the certification program for decades. CARB is therefore now writing to you again to encourage voluntary disclosure of any potential violations with respect to these and other applicable regulatory requirements. Voluntary disclosure will trigger a reduction in penalties; failure to do so may affect the result of future enforcement actions involving your company when CARB’s new techniques – and its new state-of-the-art testing laboratory opening in 2021 – inevitably detect any violations you may have. "

Tuesday, October 6, 2020

Monday, September 14, 2020

Daimler AG/Mercedes Benz caught cheating on vehicle emission controls, fined $1.5 billion

It doesn't pay to cheat on air pollution emission controls on vehicles. Volkswagen, Audi, and Porsche found that out a couple of years ago. Now Daimler Ag has also learned the hard way that you don't program emission controls on your cars and vans to only work when the government is testing them and to turn the controls off during normal driving.


Mercedes-Benz E350 sedan
Photo Credit: Tokumeigakarinoaoshima / CC0


Under two consent decrees reached by the corporate giant with the United States Environmental Protection Agency (USEPA), the U.S. Department of Justice (DOJ), and the California Air Resources Board (CARB), fines and mitigations totaling nearly $1.5 billion dollars must be paid by the company.

Approximately $286 million from the two consent decrees will go to California.

Testing by CARB's testing laboratoy in El Monte, CA, and the National Vehicle and Fuels Emissions Laboratory in Michigan found that from 2009 - 2016, the company purposely designed several Mercedes-Benz diesel cars, SUVs, and Sprinter vans to operate on-board air pollution control systems only when the vehicles "sensed" they were being tested for compliance. When testing was not being done, the controls were bypassed, resulting in illegal emissions into the atmosphere.

Daimler AG must fix 85% of all vehicles that were designed in this manner such that they will now be in compliance at no charge to those people who bought or leased them. The cars and SUVs must be repaired within 2 years and the vans within 3 years. Additionally, extended warranties covering all updated software and hardware must be issued and the company must test all repaired vehicles every year for the next 5 years. Failure to do any of the above will result in additional fines.

As an additional mitigation, Daimler must also provide offsets for excess NOx emissions by replacing 15 old locomotive engines with newer, less polluting ones.

“The message we are sending today is clear. We will enforce the law. We will protect the environment and public health. And if you try to cheat the system and mislead the public, you will be caught,” said EPA Administrator Andrew Wheeler. “Those that violate public trust in pursuit of profits will forfeit both.”

“By requiring Daimler to pay a steep penalty, fix its vehicles free of charge, and offset the pollution they caused, today’s settlement again demonstrates our commitment to enforcing our Nation’s environmental laws and protecting Americans from air pollution,” said Deputy Attorney General Jeffrey Rosen.

CARB Chair Mary D. Nichols added, “Californians live with some of the worst air in the country, air that adversely impacts public health causing or contributing to asthma, respiratory disease, and premature death. It also costs the economy through medical costs as well as lost work and schools days. Automakers must learn that in this state, CARB will continue to use the very latest and most sophisticated science and technology to catch cheating and violations that impact our air and health.” 

Daimler will also be required to change its corporate culture by reforming the way it has designed and manufactured vehicles in the past such that it will beable to detect and prevent such environmental violations in the future. This includes increased testing under real-world conditions with portable analyzers, starting a robust whistleblower program, enhancing employee training, and performing internal audits which must be reviewed and critiqued by external consultants.

A list of vehicles affected and other information can be found at this link: 

"https://www.epa.gov/enforcement/daimler-ag-and-mercedes-benz-usa-llc-clean-air-act-civil-settlement"

Friday, September 4, 2020

SJVAPCD warns Valley residents of increasing health impacts from poor air quality this weekend

The San Joaquin Valley Air Pollution Control District warned residents of the Valley to stay indoors this weekend, if possible, due to increased particulate matter (PM2.5) emissions throughout the area.

Much of the problem is due to continuing smoke from fires to the north and the SQF Fire Complex in eastern Tulare County.


Photo credit: SJVAPCD website

However,  meteorological conditions are complicating everything due to winds from the northwest and a high pressure system developing over the area that reduces smoke dispersion. The high pressure acts as a "lid" over the Valley, which is shaped somewhat like a "bowl" with mountains on 3 sides. The winds transport smoke from the northern fires into the bowl, and the central and southern portions of the Valley are further impacted by the Tulare fire smoke.

The District cautions that the smoke impacts may be more noticeable during the night and early morning.

PM pollution can trigger asthma attacks, aggravate chronic bronchitis, and increase the risk of strokes and heart attacks. This can be especially problematic for the elderly and young children, as well as those with heart or lung disease. Furthermore, the cloth and paper face masks currently being used to reduce transmission of the COVID19 virus may be of little use to prevent the inhalation of wildfire smoke due to the less than 2.5 micron size of the smoke particles.