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New Hampshire Department of Environmental Services

Volkswagen Settlement

On January 4, 2016, the United States of America filed a complaint against Volkswagen alleging violations of the Clean Air Act. The complaint alleged that approximately 580,000 model year 2009 to 2016 diesel vehicles manufactured by Volkswagen Group of America Inc., Volkswagen AG, Volkswagen Audi AG, Porsche AG and Porsche Cars North America emitted levels of oxides of nitrogen (NOx) that were as much as 40 times the federal standard.

Through the 2.0 and 3.0 Partial Consent Decrees and the Environmental Mitigation Trust Agreement for State Beneficiaries, U.S. EPA and the California Air Resources Board reached a settlement with Volkswagen and its related companies to address the Clean Air Act violations related to the 2.0 and 3.0 liter vehicles on the road and the associated environmental consequences resulting from the past and future excess emissions from these vehicles. The agreement, finalized in October 2017, requires that Volkswagen:

  • Pay a total of $2,700,000,000 to fund environmental mitigation projects to reduce emissions of NOx where the subject vehicles were, are, or will be operated.
  • Invest $2,000,000,000 over a period of up to 10 years ($1.2 billion in areas outside of California) on actions to support increased use of technology for Zero Emission Vehicles.
  • Implement a buyback/lease-termination/vehicle modification program, estimated to cost up to $10,033,000,000 that is designed to remove from commerce and/or perform an approved emissions modification on at least 85% of the subject 2.0 liter vehicles no later than June 30, 2019.

Following submission of its Final Mitigation Plan, New Hampshire became a Trustee of the Environmental Mitigation Trust Agreement in October, 2018.  The State is now entitled to begin to access its allocation of approximately $30.9 million to be used for environmental mitigation projects that reduce NOx emissions.

Additional information can be found on the Volkswagen Settlement page of the website of the Office of Strategic Initiatives, the Lead Agency for the Settlement, as well as on the links below.

Funding Opportunities:

Additional information:

Contact information:

Timothy H. White, AICP
Supervisor, Mobile Sources Section
Air Resources Division
New Hampshire Department of Environmental Services
29 Hazen Drive, PO Box 95
Concord, NH 03302-0095



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NH Department of Environmental Services | 29 Hazen Drive | PO Box 95 | Concord, NH 03302-0095
(603) 271-3503 | TDD Access: Relay NH 1-800-735-2964 | Hours: M-F, 8am-4pm

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