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To: Chapman, Apple[Chapman.Apple@epa.gov] 

From: Kaul, Meetu 

Sent: Tue 9/22/2015 7:43:04 PM 

Subject: RE: Travel requiring authorization ASAP for trip to Ann Arbor this Friday 


Thanks, Apple! 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


From: Chapman, Apple 

Sent: Tuesday, September 22, 2015 3:29 PM 

To: Kaul, Meetu 

Cc: McCray, Deborah; Orehowsky, Gregory; Belser, Evan; Werner, Jacqueline 
Subject: RE: Travel requiring authorization ASAP for trip to Ann Arbor this Friday 


1 approved the two that were in the system. 


Ms. Apple Chapman 

Associate Director, Air Enforcement Division 

U.S. Environmental Protection Agency 

1200 Pennsylvania Ave. NW, Washington DC, 20004 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025393 



202-564-5666 (office) 


202-841-6076 (cell) 


From: Kaul, Meetu 

Sent: Tuesday, September 22, 2015 3:07 PM 
To: Chapman, Apple 

Cc: McCray, Deborah; Orehowsky, Gregory; Belser, Evan; Werner, Jacqueline 
Subject: Travel requiring authorization ASAP for trip to Ann Arbor this Friday 

Importance: High 


Apple and Debbie, 


Greg Orehowsky and I are traveling to Ann Arbor this Thursday afternoon. I’ve just put in my 
travel and Greg is working on getting his finalized. We need these approved ASAP. 


We will be following up on these TAs with another trip scheduled for early October to go to El 
Monte, California. Just a heads up that that travel request is coming today as well and will need 
approval. 


Per Jacqueline’s email below, she asked that you approve this travel since she is on leave, and 
also asked that we let Debbie McCray know that this travel will need to be approved ASAP. 


Thanks! 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 


VW FOIA, EPA 


06/20/2017 


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Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


From: Werner, Jacqueline 

Sent: Tuesday, September 22, 2015 11:26 AM 

To: Orehowsky, Gregory 

Cc: Kaul, Meetu; Van Eaton, Josh (ENRD); Engel, Bethany (ENRD); Belser, Evan 
Subject: Re: VW - trip to Ann Arbor this Friday 


I'm not going to have access to concur so you are going to have to ask Apple to approve your 
travel. Also, please contact Debbie McCray and give her a heads up that this is coming and needs 
approval ASAP. 


Thanks, 

• • 

JJ 

Sent from my iPhone 


Jacqueline Robles Werner 
Associate Director 
Air Enforcement Division 
W: 202-564-1036 

On Sep 22, 2015, at 10:55 AM, Orehowsky, Gregory < Orehowskv.Gregory@epa.gov > wrote: 


Meetu: 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025395 



When you get back online, lets coordinate when you want to leave/return, rental car, place 
to stay Thursday night. The Hampton Inn down the street from NVFEL would be fine with 
me. 


Greg Orehowsky 
U.S. EPA 

Office of Civil Enforcement 
Air Enforcement Division 
Phone 202-343-9292 


From: Kaul, Meetu 

Sent: Tuesday, September 22, 2015 10:41 AM 

To: Orehowsky, Gregory; Van Eaton, Josh (ENRD); Engel, Bethany (ENRD) 
Cc: Belser, Evan; Werner, Jacqueline 
Subject: VW - trip to Ann Arbor this Friday 


I received a voicemail from Line. He is trying to coordinate with other DOJ enforcement for 
a coordinated visit for this Friday. So lets get our travel in for that and I’ll let you know 
more details as I have them. 


FYI - I’ll be offline for approx., the next two hours. 

Thanks, 

mk 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 


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06/20/2017 


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1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 
Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


VW FOIA, EPA 


06/20/2017 


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To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: Automotive News 

Sent: Tue 9/22/2015 7:59:56 PM 

Subject: P.M. NEWSCAST: Buick reveals new face | Nissan gives Aitima midcycie revamp | VW to 
reimburse dealers; Winterkorn: 'Endlessly sorry' | Mazda crossover quest 

September 22, 2015 


View in a Web br owser | Forward to a colleague 


..X, 


Follow Tom 


TOP STORY: Buick reveals new face 


Aitima midcycie revamp » 
VW-dealer financial aid » 


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OEM/Suppliers Dealers 


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customerservice@autonews.com 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025398 









To: Wehrly, Linc[wehrly.Iinc@epa.gov] 

From: Automotive News 

Sent: Tue 9/22/2015 8:00:44 PM 

Subject: P.M. NEWSCAST: Buick reveals new face | Nissan gives Aitima midcycie revamp | VW to 
reimburse dealers; Winterkorn: 'Endlessly sorry' | Mazda crossover quest 

September 22, 2015 


View in a Web br owser | Forward to a colleague 


..X, 


Follow Tom 


TOP STORY: Buick reveals new face 


Aitima midcycie revamp » 
VW-dealer financial aid » 


Connect with Automotive News 



Cars & Concepts 


OEM/Suppliers Dealers 


Data Center Blogs Events 


Click here to unsubscribe from this newsletter or to sign up for other Automotive News email products. 


Automotive News 
1155 Gratiot Ave. 

Detroit, Ml 48207-2997 United States 

customerservice@autonews.com 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025399 









To: Brooks, Phillip[Brooks.Phillip@epa.gov] 

From: Susan Beck 

Sent: Tue 9/22/2015 8:09:52 PM 

Subject: VW/ Kirkland 


Mr. Brooks, 


I’m doing some reporting on the VW emissions violations. I’m trying to find out more about the 
role played by Stuart Drake of Kirkland & Ellis for VW. 

Can you tell me if he’s been representing VW all along in this investigation, or was he recently 
brought in? 

Can you tell me anything else about his role in this case? 


We could talk on background if you prefer not to be quoted by name. 


Susan 


Susan Beck 
Senior Writer 
The American Lawyer 
216-925-3113 


Learn more about ALM, visit http://www.alm.com . - ALM, an Integrated Media Company, is a 
leading provider of news and information for the legal and commercial real estate markets. 
ALM’s market-leading brands include The American Lawyer, Corporate Counsel, GlobeSt.com, 
Insight Conferences, Law.com, Law Journal Press, LegalTech, The National Law Journal and 
Real Estate Forum. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025400 



From: Azoolin, Liel 

Required Attendees: Knapp, Kristien; McCabe, Janet; Grundler, Christopher; Hengst, 

Benjamin; Meiburg, Stan; Reynolds, Thomas; Vaught, Laura; Liz Purchia (Purchia.Liz@epa.gov); 

Fritz, Matthew; Starfield, Lawrence 

Location: Administrator's Office 

Importance: Normal 

Subject: VW Update 

Categories: Red Category 

Start Date/Time: Wed 9/23/2015 4:00:00 PM 

End Date/Time: Wed 9/23/2015 4:45:00 PM 

****pj ease op not forward this calendar invitation. You may "Accept" or 
"Decline" the invitation but DO NOT respond with questions or concerns. 
If you do have any questions or concerns about this invitation please 
contact the Scheduling Office at scheduling@epa.gov . **** 

SCt: Liel Azoolin 

Ct: Emily Atkinson, 202-564-1850 


Staff: 

Janet McCabe, Chris Grundler, Ben Hengst (OAR/OTAQ) 
Stan Meiburg, Matt Fritz (OA) 

Tom Reynolds, Laura Vaught, Liz Purchia (OPA) 

Larry Starfield (OECA) 


Conference Line: 


Non-Responsive 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025401 




To: Belser, Evan[Belser.Evan@epa.gov] 

From: Susan Beck 

Sent: Tue 9/22/2015 8:13:23 PM 

Subject: American Lawyer article 


Mr. Belser, 


I’m doing some reporting on the VW emissions violations. I’m trying to find out more about the 
role played by Stuart Drake of Kirkland & Ellis for VW. 

Can you tell me if he’s been representing VW all along in this investigation, or was he recently 
brought in? 

Can you tell me anything else about his role in this case? 


We could talk on background if you prefer not to be quoted by name. 


Susan 


Susan Beck 
Senior Writer 
The American Lawyer 
216-925-3113 


Learn more about ALM, visit http://www.alm.com . - ALM, an Integrated Media Company, is a 
leading provider of news and information for the legal and commercial real estate markets. 
ALM’s market-leading brands include The American Lawyer, Corporate Counsel, GlobeSt.com, 
Insight Conferences, Law.com, Law Journal Press, LegalTech, The National Law Journal and 
Real Estate Forum. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025402 



To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: McCabe, Janet 

Sent: Tue 9/22/2015 8:13:28 PM 

Subject: from Politico 


MCCARTHY ADDRESSES YW EMISSIONS SCANDAL FOR FIRST TIME: EPA 

Administrator Gina McCarthy addressed Volkswagen skirting federal emissions standards with a 
software workaround on Tuesday, saying her agency is "not going to sit...around and worry 
about whether others have it, we're going to find it." Speaking at a Wall Street Journal breakfast, 
McCarthy she and others inside the EPA are "upping our game in terms of going out and doing 
work to take a look at what we need to do with other vehicles." Video and transcript: 
http ://on. wsi .com/1 Mol gXR 

- Lobbyists, check your Rolodex for VW contacts: It's only a matter of time before K Streeters 
start to try to cash in on Volkswagen's emissions scandal. Congress is sure to look into how the 
company's software was used to get around U.S. emissions laws. The company spent $530,000 
on lobbying during the first half of 2015, according to Senate lobbying disclosures. And it has 
only one - yes that's right - one outside lobbying firm. Akin Gump Strauss Hauer & Feld billed 
$140,000 on lobbying during the first six months of 2015. (ht POLITICO Influence) 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025403 



From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Tue 9/22/2015 8:18:14 PM 

Subject: VW vows to get to bottom of scandal as probe widens 

MAIL_CONVERSATION_TOPIC: VW vows to get to bottom of scandal as probe widens 

Created: Fri 3/18/2016 6:18:17 PM 

(Updates with Rosekind comment in the final paragraph.) (Bloomberg) — Volkswagen AG 
Chief Executive Officer Martin Winterkom... 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025404 



To: 

Cc: 

From: 

Sent: 

Subject: 


Susan Beck[SBeek@alm.com] 
Senn, John[Senn.John@epa.gov] 
Belser, Evan 

Tue 9/22/2015 8:21:48 PM 
RE: American Lawyer article 


Hello Susan, 


Thank you for your interest. I need to refer you to John Senn; I know you've been in touch. I 
don’t handle media inquiries. Good luck with your article. 


Regards, 

Evan. 


Evan Belser 

Chief, Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 
Office of Enforcement and Compliance Assurance 
United States Environmental Protection Agency 
202-564-6850 


From: Susan Beck [mailto:SBeck@alm.com] 
Sent: Tuesday, September 22, 2015 4:13 PM 
To: Belser, Evan 

Subject: American Lawyer article 


Mr. Belser, 


I’m doing some reporting on the VW emissions violations. I’m trying to find out more about the 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025405 



role played by Stuart Drake of Kirkland & Ellis for VW. 

Can you tell me if he’s been representing VW all along in this investigation, or was he recently 
brought in? 

Can you tell me anything else about his role in this case? 


We could talk on background if you prefer not to be quoted by name. 


Susan 


Susan Beck 
Senior Writer 
The American Lawyer 
216-925-3113 


Learn more about ALM, visit http://www.alm.com . - ALM, an Integrated Media 
Company, is a leading provider of news and information for the legal and commercial 
real estate markets. ALM’s market-leading brands include The American Lawyer, 
Corporate Counsel, GlobeSt.com, Insight Conferences, Law.com, Law Journal Press, 
LegalTech, The National Law Journal and Real Estate Forum. 


vw FOIA, EPA 


06/20/2017 


2017-FFP 025406 


To: Atkinson, Emiiy[Atkinson.Emily@epa.gov]; Grundler, 

Christopher[grundler.christopher@epa.gov] 

Cc: Stewart, Lori[Stewart.Lori@epa.gov] 

From: McCabe, Janet 

Sent: Tue 9/22/2015 8:25:25 PM 

Subject: RE: Update for Gina on VW? 

Sooner is better, and while Chris is in DC very important. 

Let's include William too, so he's around for any discussion about congressional interest. And Larry may 
want to include others from OECA. We should invite Avi as well. 

Thanks. 

—Original Message— 

From: Atkinson, Emily 

Sent: Tuesday, September 22, 2015 2:39 PM 
To: McCabe, Janet; Grundler, Christopher 
Cc: Stewart, Lori 

Subject: RE: Update for Gina on VW? 

Absolutely I can ask the scheduling team to set something up. Were you wanting to do it this week or 
would early next week work too? Manifest is outlined below - am I missing anyone? 

Janet McCabe 
Chris Grundler 
Tom Reynolds 
Larry Starfield 
Laura Vaught 
Stan Meiburg 
Liz Purchia 
Matt Fritz 

—Original Message— 

From: McCabe, Janet 

Sent: Tuesday, September 22, 2015 2:21 PM 
To: Grundler, Christopher; Atkinson, Emily 
Cc: Stewart, Lori 

Subject: Re: Update for Gina on VW? 

Emily--could you please work with michael to find time for a VW update for the administrator? In addition 
to the people on the note, we should Larry Starfield and Laura Vaught. I know there's a lot of pope stuff 
going on so we'll need to work around that. We should definitely try to do it so Chris can be here in 
person. 

Thanks 

Sent from my iPhone 

> On Sep 22, 2015, at 12:58 PM, Grundler, Christopher <grundler.christopher@epa.gov> wrote: 

> 

> Emily to set up? 

> 

> Christopher Grundler, Director 

> Office of Transportation and Air Quality U.S. EPA 
>202-564-1682 (DC) 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025407 







> 734-214-4207 (Ann Arbor) 

> 

» On Sep 22, 2015, at 12:48 PM, McCabe, Janet <McCabe.Janet@epa.gov> wrote: 

» 

» Absolutely. So many questions 
» 

» Sent from my iPhone 
» 

»> On Sep 22, 2015, at 11:36 AM, Grundler, Christopher <grundler.christopher@epa.gov> wrote: 
»> 

»> Tom R suggests this would be a good idea.along with Stan, Tom 

»> and Liz, Fritz 
»> 

»> Bring folks up to speed and next steps 
»> 

»> Christopher Grundler, Director 

»> Office of Transportation and Air Ouality U.S. EPA 

»> 202-564-1682 (DC) 

»> 734-214-4207 (Ann Arbor) 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025408 




To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: Automotive News 

Sent: Tue 9/22/2015 8:28:57 PM 

Subject: DAILY: VW probes pile up in U.S., Germany as VW board meets | Buick to embrace face of 
Avenir concept | Diesel test report cites emissions gaps at other automakers | The Nissan Altima's 
midcycle jolt 

September 22, 2015 » Get breaking news at 

autonews.com 

most read 

story 

Volkswagen owners want 
payback over pollution- 
control cheating 



View ill: . a Web browser | Forward to a. colleague 


U.S. state attorneys general to probe VW; 

Germany opens investigation 

New York and other state attorneys general are 
forming a group to probe Volkswagen AG over the 
U.S. emissions test scandal. Also, the German 
government set up an investigative commission 
that will visit VW headquarters this week after 
revelations that the automaker cheated on 
emissions rules in the U.S. 


MOST READ 
(Last 7 days) 


Buick lineup to embrace face of Avenir 
concept 

Buick's next-generation LaCrosse sedan will adopt the face of the 
buzzed-about Avenir concept when it goes on sale in the U.S. next 
year, a look that will spread across the brand's lineup over the next few 


FCA's U.S. 
car output to 
go to Mexico 
in UAW-deal 
production 
shuffle 
VW accused 
of using 
'defeat 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025409 



y 13fesel test report cites 4ttif§§1ons gaps at oth 
automakers 



ice* 


ware in 


482,000 
diesels to 
skirt U.S. 


A European environmental group issued a report this month that sugge fiflffitH fe 
automakers in addition to Volkswagen and Audi may use software or ot 
technology to enable their diesel vehicles to perform better in emissions^ 
in actual, on-road driving. about 



Honda f s 
2016 Civic 
VW faced 
ultimatum 
from EPA 
UAW-FCA 


workers 
would get 
extra 
holiday, 
extra pay 
under 
proposed 
contract 


More than 12,000 PowerDealers-are you 0110 of them? 



st the 
aving 






a revampedjh tenor and 
ized agai 


^interior ana new cei 
in for the carmaKer s cheating 01 



emission rules 
authorities involved. 


axes and pledged full cooperation with 


THE VW DIESEL CRISIS 

VW CEO's history of sweating the details now haunting him 

FTC urged to investigate VW diesel advertising claims 

Volkswagen offers U.S. dealers financial assistance 

VW, Fla, dealership accused of deceiving diesel customers in lawsuit 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025410 



THE VW DIESEL CRISIS 


VW says 11 million diesel vehicles worldwide have rigged emissions 
software 


THE VW DIESEL CRISIS 

VW's U.S. chief apologizes for diesel dupe: 'We have totally screwed 
up' 

VW updates Passat as emission scandal looms 

Diesel scandal at VW threatens 'Made in Germany' image 

BLOG: RICHARD TRUETT 

In wake of VW scandal, it's time to scrap self-certifv era 

THE VW DIESEL CRISIS 

Pressure builds on Winterkorn as emissions-cheatinq probe spreads 

Rosekind says VW's deception weakens confidence in auto safety 

THE VW DIESEL CRISIS 

Volkswagen owners want payback over pollution-control cheating 

Volkswagen brand takes image hit as perception scores plummet 

Volkswagen TDI owners sound off on Twitter 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025411 



Bosch says it makes components at center of VW emissions probe 


BMW CEO Krueqer back at work 


Automotive News Newscasts 





Make sure you get ALL the news! Subscribe today to the f 
digital edition of Automotive News, the industry's premier 
news, data and analysis 


i i'/- 


source 



UPCOMING 



EVENTS 


WEBINARS 

» Sept. 22 at 2Dm ET - Fixed Ods 


EPA 


06/20/2017 


2017-FFP 025412 







» Oct 1 - Automobiiwoche 



Work For 

» Jan. 12 - Automotive News 



» Sept 23 at 11 am ET - Connected 
Vehicle Data 


» Sept. 30 at 2pm ET - Mobile 
Payment 




» Oct. 7 at 2pm ET - Proarammatic 



VW FOIA, EPA 


06/20/2017 


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Connect with Automotive News 



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V W/' ; 

/\ 

Itttil 


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Data Center Blogs 


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Click here to unsubscribe from this newsletter or to sign up for other Automotive News emaii products. 


Automotive News 
1155 Gratiot Ave. 

Detroit, Ml 48207-2997 United States 

customerservice@autonews.com 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025414 





VW FOIA, EPA 


06/20/2017 


2017-FFP 025415 



To: Wehrly, Linc[wehrly.Iinc@epa.gov] 

From: Automotive News 

Sent: Tue 9/22/2015 8:29:20 PM 

Subject: DAILY: VW probes pile up in U.S., Germany as VW board meets | Buick to embrace face of 
Avenir concept | Diesel test report cites emissions gaps at other automakers | The Nissan Altima's 
midcycle jolt 

September 22, 2015 » Get breaking news at 

autonews.com 

most read 

story 

Volkswagen owners want 
payback over pollution- 
control cheating 



View ill: . a Web browser | Forward to a. colleague 


U.S. state attorneys general to probe VW; 

Germany opens investigation 

New York and other state attorneys general are 
forming a group to probe Volkswagen AG over the 
U.S. emissions test scandal. Also, the German 
government set up an investigative commission 
that will visit VW headquarters this week after 
revelations that the automaker cheated on 
emissions rules in the U.S. 


MOST READ 
(Last 7 days) 


Buick lineup to embrace face of Avenir 
concept 

Buick's next-generation LaCrosse sedan will adopt the face of the 
buzzed-about Avenir concept when it goes on sale in the U.S. next 
year, a look that will spread across the brand's lineup over the next few 


FCA's U.S. 
car output to 
go to Mexico 
in UAW-deal 
production 
shuffle 
VW accused 
of using 
'defeat 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025416 



y 13fesel test report cites 4ttif§§1ons gaps at oth 
automakers 



ice* 


ware in 


482,000 
diesels to 
skirt U.S. 


A European environmental group issued a report this month that sugge fiflffitH fe 
automakers in addition to Volkswagen and Audi may use software or ot 
technology to enable their diesel vehicles to perform better in emissions^ 
in actual, on-road driving. about 



Honda f s 
2016 Civic 
VW faced 
ultimatum 
from EPA 
UAW-FCA 


workers 
would get 
extra 
holiday, 
extra pay 
under 
proposed 
contract 


More than 12,000 PowerDealers-are you 0110 of them? 



st the 
aving 






a revampedjh tenor and 
ized agai 


^interior ana new cei 
in for the carmaKer s cheating 01 



emission rules 
authorities involved. 


axes and pledged full cooperation with 


THE VW DIESEL CRISIS 

VW CEO's history of sweating the details now haunting him 

FTC urged to investigate VW diesel advertising claims 

Volkswagen offers U.S. dealers financial assistance 

VW, Fla, dealership accused of deceiving diesel customers in lawsuit 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025417 



THE VW DIESEL CRISIS 


VW says 11 million diesel vehicles worldwide have rigged emissions 
software 


THE VW DIESEL CRISIS 

VW's U.S. chief apologizes for diesel dupe: 'We have totally screwed 
up' 

VW updates Passat as emission scandal looms 

Diesel scandal at VW threatens 'Made in Germany' image 

BLOG: RICHARD TRUETT 

In wake of VW scandal, it's time to scrap self-certifv era 

THE VW DIESEL CRISIS 

Pressure builds on Winterkorn as emissions-cheatinq probe spreads 

Rosekind says VW's deception weakens confidence in auto safety 

THE VW DIESEL CRISIS 

Volkswagen owners want payback over pollution-control cheating 

Volkswagen brand takes image hit as perception scores plummet 

Volkswagen TDI owners sound off on Twitter 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025418 



Bosch says it makes components at center of VW emissions probe 


BMW CEO Krueqer back at work 


Automotive News Newscasts 





Make sure you get ALL the news! Subscribe today to the f 
digital edition of Automotive News, the industry's premier 
news, data and analysis 


i i'/- 


source 



UPCOMING 



EVENTS 


WEBINARS 

» Sept. 22 at 2Dm ET - Fixed Ods 


EPA 


06/20/2017 


2017-FFP 025419 







» Oct 1 - Automobiiwoche 



Work For 

» Jan. 12 - Automotive News 



» Sept 23 at 11 am ET - Connected 
Vehicle Data 


» Sept. 30 at 2pm ET - Mobile 
Payment 




» Oct. 7 at 2pm ET - Proarammatic 



VW FOIA, EPA 


06/20/2017 


2017-FFP 025420 



Connect with Automotive News 



'\ / 

V W/' ; 

/\ 

Itttil 


Cars & Concepts 


QEM/Suppliers Dealers 


Data Center Blogs 


Events 


Click here to unsubscribe from this newsletter or to sign up for other Automotive News emaii products. 


Automotive News 
1155 Gratiot Ave. 

Detroit, Ml 48207-2997 United States 

customerservice@autonews.com 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025421 





VW FOIA, EPA 


06/20/2017 


2017-FFP 025422 



To: Kaul, MeetufKaul.Meetu@epa.gov] 

From: Concur Travel 

Sent: Tue 9/22/2015 8:37:49 PM 

Subject: Concur Itinerary 10/06/2015: TRIP FROM WASHINGTON DULLES INTL, WASHINGTON, DC 

TO LOS ANGELES INTL, LOS ANGELES, CA (WN996C) 

lAD-LAX.ics 

LAX-IAD.ics 

Doubletree Hotel Los Angeles - Rosemead.vcf 

Trip Overview 


Trip Name: Trip from Washington Dulles Inti, Washington, DC to Los Angeles Inti, Los Angeles, CA 
Start Date: October 06, 2015 
End Date: October 09, 2015 

Created: September 22, 2015, MEETU KAUL (Modified: September 22, 2015) 

Description: f ExVt I for VW investigation 

[ Ex.7 1 | 

Agency Record Locator: WN996C 

Passengers: Meetu Kaul 

Total Estimated Cost: $859.90 USD 

Important: Reservations must be approved and ticketed no later than: 10/04/2015 10:30 AM Eastern 
The trip will be automatically cancelled if it is not approved before the deadline. 


Reservations 


Tuesday, October 06, 2015 



Flight Washington, DC (IAD) to Los Angeles, CA (LAX) 


United 1939 

Departure: 12:30 PM 
Seat:No seat assignment 
Washington Dulles Inti (IAD) 
Duration: 5 hours, 35 minutes 
Nonstop 

Arrival: 03:05 PM 
Los Angeles Inti (LAX) 
Terminal:7 

Additional Details 

Aircraft: Boeing 737-900 
E-Ticket 

Emissions: 889.2 lbs C0 2 
Cabin: Economy (S) 


Confirmation: AVTT95 
Status: Confirmed 


Distance: 2280 miles 


Meal: Food for purchase 


VW FOIA, EPA 


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2017-FFP 025423 










888 Montebello Blvd 
Rosemead, California, 91770 

i 10 


Checking In: Tue Oct 6 
15:00 

Room 1, Days 3, Guests 1 
Checking Out: Fri Oct 9 
12:00 

Additional Information 

Daily Rate: $149.00 USD Total Rate: $491.70 USD 

Room Details 

Room Description: RoomDescriptionCodeA01LV6 
Special Instructions: Nonsmoking 

Cancellation Policy 

24 Hr Cancel Required 

□ 


Confirmation: 83953908 

Status:Confirmed 

Rate Code:A01LV6 


Friday, October 09, 2015 

Flight Los Angeles, CA (LAX) to Washington, DC (IAD) 


United 1595 


Confirmation: AVTT95 
Status: Confirmed 

Additional Details 

Aircraft: Boeing 737-900 Distance: 2280 miles 

E-Ticket 

Emissions: 889.2 lbs CO 2 

Cabin: Economy (S) Meal: Food for purchase 


Departure: 08:40 AM 
Seat:31A (Confirmed) 

Los Angeles Inti (LAX) 
Terminals 

Duration: 5 hours, 4 minutes 
Nonstop 

Arrival: 04:44 PM 
Washington Dulles Inti (IAD) 



Total Estimated Cost 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025424 



Air 

Airfare quoted amount: 
Taxes and fees: 

Air Total Price: 

Hotel: 


$316.28 USD 
$51.92 USD 
$368.20 USD 
$491.70 USD 


Total Estimated Cost: 


$859.90 USD 


TICKET NOT YET ISSUED. AIRFARE QUOTED IN ITINERARY IS NOT GUARANTEED UNTIL 
TICKETS ARE ISSUED. 


Remarks 


FOR 24/7 TRAVEL ASSISTANCE PLEASE CONTACT 
THE BCD TRAVEL TEAM AT 1-866-964-1346 
FOR OUTSIDE THE US CALL COLLECT 406-496-9577 
FOR THE HEARING IMPAIRED- PLEASE DIAL 711 
TO ACCESS RELAY SERVICE- PROVIDE PHONE 

NUMBER OF 1-866-964-1346 TO ACCESS TRAVEL 

****************************************** 

DUE TO RECENT CHANGES IN THE FY15 GOVERNMENT CITY PAIR 
PROG RAM/C P P YOUR AIR RESERVATIONS ARE SUBJECT TO 
CANCELLATION BY THE AIRLINES IF NOT TICKETED AT LEAST 
48 HOURS PRIOR TO SCHEDULED DEPARTURE 
PLEASE ENSURE ALL NECESSARY APPROVALS ARE PROCESSED IN 
ACCORDANCE WITH YOUR AGENCYS BUSINESS RULES BUT NOLESS 
THAN 3 BUSINESS DAYS PRIOR TO DEPARTURE TO ENSURE TICKETING. 
THIS 48 HOUR CANCELLATION RULE DOES NOT APPLY TO 
INTERNATIONAL RESERVATIONS UNLESS YOUR TRIP HAS DOMESTIC 
CONNECTIONS ON MORE THAN ONE AIRLINE OR THESE 

RESERVATIONS REQUIRE SEPARATE AIR TICKETS. 

** **** *•*** *•*** **** *• *** *• *** *•*•*•*• *• *** *• 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025425 



Flight# UA1939 from IAD -> LAX 
(5 hours and 35 mins.) 

20151006T163000Z 


Version 

2.0 

METHOD 

PUBLISH 


Start Date/Time 

20151006T163000Z 


End Date/Time 

20151006T220500Z 

DTSTAMP 

20151006T163000Z 


Location 


Summary 

Flight# UA1939 from IAD -> LAX 
(5 hours and 35 mins.) 


Description 

Trip Overview 


Trip Name: Trip fr om Washington Dulles Inti, Washington, DC to Los A ngeles Inti, Los Angeles, CA 
Start Date: October 06, 2015 
End Date: October 09, 2015 

Created: Sep_tamhe.c.22...2Q.1.5..MEETU.KAUL (Modified: Septembe r22, 2015) 

Description:] Ex. 7 jforVWinvestigation 

Trip Purpose: —; 

Agency RecordLocafor: WN9’96C'\hFassehgers: 'iVleetu Kaul 
Total Estimated Cost: $ 859.90 USD 

Important: Reservations must be appro ved and ticketed no iater than: 10/04/2015 10:30 A M Eastern 
The trip will be automatically cancell ed if it is not approved before the deadline. 

Reservations 

Tuesday, October 06, 2 015 


Flight Washingto n, DC (IAD) to Los Angeles, CA (LAX) 


United 1 939 
Departure: 12:30 PM 


VW FOIA, EPA 


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2017-FFP 025426 








Seat: No seat assignm ent 
Washington Dulies Inti (IAD) 

Duration: 5 ho urs, 35 minutes 
Nonstop 

Arrival: 03:05 PM 
Los Angeles Inti (LAX) 

Terminal: 7 

Confirmation: AVT T95 
Status: Confirmed 

Aircraft: Boeing 737-900 \nDistance: 2280 miles 
E-Ticket 

Emissions: 88 9.2 lbs CO 2 
Cabin: Economy (S) 

Meal: Food for purchase 

Doubletree Hotel Los Angeles - Rose mead 


8 88 Montebello Blvd 

Rosemead, California, 91770 \nUS 

323-722-8800 

Checking In: Tue Oct 6 
15:0 0 

Room 1, Days 3, Guests 1 
Checking Out: Fr i Oct 9 
12:00 

Confirmation: 83953908 
Status: Confirmed 
Rate Code: A01LV6 
Daily Rate: $ 149.0 0 USD 
Total Rate: $ 491.70 USD 

Room Details \nRoom Description: RoomDescriptionCodeA01LV6 \nSpecial Instructions: 
Nonsmoking 

Cancellat ion Policy 

24 Hr Cancel Required 

Friday, O ctober 09, 2015 


Fligh t Los Angeles, CA (LAX) to Washington, DC (IAD) 

\n 

United 1595 

Departure: 08:40 AM 
Seat: 31A (Confirmed) 

Los Angeles Inti (LAX) 

Terminal: 7 \nDuration: 5 hours, 4 minutes 
Nonstop 

Arrival: 04:44 PM 
Washington Dulles Inti (IAD) 

Confirmati on: AVTT95 
Status: Confirmed 
Aircraft: Boeing 7 37-900 


VW FOIA, EPA 


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2017-FFP 025427 




Distance: 2280 miles 
E-Ticket 

Emissi ons: 889.2 lbs CO 2 
Cabin: Economy (S) 

Meal: Food for purchase 

Total Estimated Cost 


Air 

Airfare quoted amount: $ 316.28 USD 
Taxes and fees: $ 51.92 USD 
A ir Total Price: $ 368.20 USD 
Hotel: $491.70 USD 
Total Estimated Cost: $ 859.90 USD 

Tl CKET NOT YET ISSUED. AIRFARE QUOTED IN ITINERARY I S NOT GUARANTEED UNTIL 
TICKETS ARE ISSUED. 

Remar ks 

FOR 24/7 TRAVEL ASSISTANCE PLEASE CON TACT 
THE BCD TRAVEL TEAM AT 1-866-964-1346 
FOR OUTSIDE THE US CALL COLLECT 406-496-9577 
FOR TH E HEARING IMPAIRED- PLEASE DIAL 711 
TO ACCESS RE LAY SERVICE- PROVIDE PHONE 

NUMBER OF 1-866-964-1 346 TO ACCESS TRAVEL 

**************************** *•**•****•*• 

DUE TO RECENT CHANGES IN THE FY15 GOVER NMENT CITY PAIR 

PROG RAM/C P P YOUR AIR RESERVATION S ARE SUBJECT TO 

CANCELLATION BY THE AIRLINES IF NOT TICKETED AT LEAST 

48 HOURS PRIOR TO SCHEDUL ED DEPARTURE 

PLEASE ENSURE ALL NECESSARY APPROVA LS ARE PROCESSED IN 

ACCORDANCE WITH YOUR AGENCYS BUSINESS RULES BUT NOLESS 

THAN 3 BUSINESS DAYS PRIOR TO DEPARTURE TO ENSURE TICKETING. 

THIS 48 HOUR CANCELLATION RULE DOES NOT APPLY TO 

INTERNA TIONAL RESERVATIONS UNLESS YOUR TRIP HAS DOMESTIC \nCONNECTIONS ON 
MORE THAN ONE AIRLINE OR THESE 

RESERVATIONS REQUIRE SEPARATE AIR TICKETS. 

*■* *** **** **** *•***• **** *•*•*•*• *•*** *•** 


UID 

WN996C-2015-10-06T16:30:00.000Z-2015-10-06T22:05:00.000Z@concursolutions.com 


Priority 

3 


Time Transparency 
OPAQUE 

TRIGGER 

-PT180M 

REPEAT 

2 


VW FOIA, EPA 


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2017-FFP 025428 



DURATION 

PT60M 


ACTION 

DISPLAY 

Description 

3 Hours to your flight IAD -> LAX 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025429 



Flight# UA1595 from LAX -> IAD 
(5 hours and 4 m ins.) 

20151009T154000Z 


Version 

2.0 

METHOD 

PUBLISH 


Start Date/Time 

20151009T154000Z 


End Date/Time 

20151009T204400Z 

DTSTAMP 

20151009T154000Z 


Location 


Summary 

Flight# UA1595 from LAX -> IAD 
(5 hours and 4 m ins.) 


Description 

Trip Overview 


Trip Name: Trip fr om Washington Dulles Inti, Washington, DC to Los A ngeles Inti, Los Angeles, CA 
Start Date: October 06, 2015 
End Date: October 09, 2015 

Created: September 22, 2015, M EET U KAUL (Modified: Septembe r22, 2015) 


Description: !__,_jfor VW investigation 

Trip Purpose:! Ex.'7 ] 


Agency Record Locator: WN996C \nPassengers: Meetu Kaul 
Total Estimated Cost: $ 859.90 USD 

Important: Reservations must be appro ved and ticketed no iater than: 10/04/2015 10:30 A M Eastern 
The trip will be automatically cancell ed if it is not approved before the deadline. 

Reservations 

Tuesday, October 06, 2 015 


Flight Washingto n, DC (IAD) to Los Angeles, CA (LAX) 


United 1 939 
Departure: 12:30 PM 


VW FOIA, EPA 


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2017-FFP 025430 










Seat: No seat assignm ent 
Washington Dulies Inti (IAD) 

Duration: 5 ho urs, 35 minutes 
Nonstop 

Arrival: 03:05 PM 
Los Angeles Inti (LAX) 

Terminal: 7 

Confirmation: AVT T95 
Status: Confirmed 

Aircraft: Boeing 737-900 \nDistance: 2280 miles 
E-Ticket 

Emissions: 88 9.2 lbs CO 2 
Cabin: Economy (S) 

Meal: Food for purchase 

Doubletree Hotel Los Angeles - Rose mead 


8 88 Montebello Blvd 

Rosemead, California, 91770 \nUS 

323-722-8800 

Checking In: Tue Oct 6 
15:0 0 

Room 1, Days 3, Guests 1 
Checking Out: Fr i Oct 9 
12:00 

Confirmation: 83953908 
Status: Confirmed 
Rate Code: A01LV6 
Daily Rate: $ 149.0 0 USD 
Total Rate: $ 491.70 USD 

Room Details \nRoom Description: RoomDescriptionCodeA01LV6 \nSpecial Instructions: 
Nonsmoking 

Cancellat ion Policy 

24 Hr Cancel Required 

Friday, O ctober 09, 2015 


Fligh t Los Angeles, CA (LAX) to Washington, DC (IAD) 

\n 

United 1595 

Departure: 08:40 AM 
Seat: 31A (Confirmed) 

Los Angeles Inti (LAX) 

Terminal: 7 \nDuration: 5 hours, 4 minutes 
Nonstop 

Arrival: 04:44 PM 
Washington Dulles Inti (IAD) 

Confirmati on: AVTT95 
Status: Confirmed 
Aircraft: Boeing 7 37-900 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025431 




Distance: 2280 miles 
E-Ticket 

Emissi ons: 889.2 lbs CO 2 
Cabin: Economy (S) 

Meal: Food for purchase 

Total Estimated Cost 


Air 

Airfare quoted amount: $ 316.28 USD 
Taxes and fees: $ 51.92 USD 
A ir Total Price: $ 368.20 USD 
Hotel: $491.70 USD 
Total Estimated Cost: $ 859.90 USD 

Tl CKET NOT YET ISSUED. AIRFARE QUOTED IN ITINERARY I S NOT GUARANTEED UNTIL 
TICKETS ARE ISSUED. 

Remar ks 

FOR 24/7 TRAVEL ASSISTANCE PLEASE CON TACT 
THE BCD TRAVEL TEAM AT 1-866-964-1346 
FOR OUTSIDE THE US CALL COLLECT 406-496-9577 
FOR TH E HEARING IMPAIRED- PLEASE DIAL 711 
TO ACCESS RE LAY SERVICE- PROVIDE PHONE 

NUMBER OF 1-866-964-1 346 TO ACCESS TRAVEL 

**************************** *•**•****•*• 

DUE TO RECENT CHANGES IN THE FY15 GOVER NMENT CITY PAIR 

PROG RAM/C P P YOUR AIR RESERVATION S ARE SUBJECT TO 

CANCELLATION BY THE AIRLINES IF NOT TICKETED AT LEAST 

48 HOURS PRIOR TO SCHEDUL ED DEPARTURE 

PLEASE ENSURE ALL NECESSARY APPROVA LS ARE PROCESSED IN 

ACCORDANCE WITH YOUR AGENCYS BUSINESS RULES BUT NOLESS 

THAN 3 BUSINESS DAYS PRIOR TO DEPARTURE TO ENSURE TICKETING. 

THIS 48 HOUR CANCELLATION RULE DOES NOT APPLY TO 

INTERNA TIONAL RESERVATIONS UNLESS YOUR TRIP HAS DOMESTIC \nCONNECTIONS ON 
MORE THAN ONE AIRLINE OR THESE 

RESERVATIONS REQUIRE SEPARATE AIR TICKETS. 

*■* *** **** **** *•***• **** *•*•*•*• *•*** *•** 


UID 

WN996C-2015-10-09T15:40:00.000Z-2015-10-09T20:44:00.000Z@concursolutions.com 


Priority 

3 


Time Transparency 
OPAQUE 

TRIGGER 

-PT180M 

REPEAT 

2 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025432 



DURATION 

PT60M 


ACTION 

DISPLAY 

Description 

3 Hours to your flight LAX -> IAD 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025433 



Doubletree Hotel Los Angeles - Rosemead 

888 Montebello Blvd,;Rosemead;Callfornia;91770;US 

323-722-8800 (WorkVoice ) 

323-721-8028 ( Work Fax ) 


Version 

2.1 


Organization 

Doubletree Hotel Los Angeles - Rosemead 


Telephone Number 

323-722-8800 


(WorkVoice ) 


Telephone Number ( Work Fax ) 
323-721-8028 


Address (Work ) 
P.O. Address. 
Extended Address. 

Street. 
Locality. 
Region. 
Postal Code. 
Country. 


888 Montebello Blvd, 

Rosemead 

California 

91770 

US 


Delivery Label ( Work ) 

888 Montebello Blvd,;Rosemead;California;91770;US 


Comment 

Checkin Time: 15:00 
Checkout Time: 12:00 


Directions to Hotel: 

- Los Angeles Inti Airport. . . 27.0mi / 43.5km - Long Beach Airport.25.0mi / 40.2km - 

Ontario Inti Airport.30.0mi /48.3km - From Lax - Take 105 E 710 North 60 East. Exit San Gabriel 

Blvd . - From Lgb - Take 710 South To Long Beach Airport Blvd. . - From Ont -10 Freeway East To 605 
Freeway South To 60 Freeway. West Exit Haven . -additional Directions From Burbank Airport - Take 
Victory Blvd East To 5 Freeway South To 60 Freeway East Exit San Gabriel Blvd. From Ontario Airport- 
Take The 60 West To San Gabriel Blvd. Turn Left At The Light And Then Turn Right On Town Center Dr. 
Turn Left On Montebello Blvd. And The Doubletree By Hilton Rosemead Will Be On Your Left Side Of 
Montebello Blvd. From John Wayne Airport - Take Macarthur Blvd North To 405 Freeway North To 605 
Fwy North To 605 Fwy West To San Gabriel Blvd. Exit Left To Town Center Dr. Right To Montebello Blvd 
Left To Hotel. Take The 101 South To 10 East To The 60 East Freeway. Exit San Gabriel Blvd. From 
Downtown Los Angeles -10 Freeway East / San Bernardino/ To 60 Freeway Eadt / Pomona / Exit San 
Gabriel Blvd. From 1-5 Freeway South - Exit Onto 60 Freeway Exit San Gabriel Blvd. From 1-5 Freeway 
North - Exit Onto 605 North To 60 West Exit San Gabriel Blvd Turn Left. Turn Right On Town Center Dr. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025434 






Turn Left On Montebello Blvd. . 

Last Revision 

9/22/2015 4:37:49 PM 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025435 



To: .WASH WI-2 Weber, Michael[wi-2@wash.auswaertiges-amt.de] 

From: Phillips, Anna 

Sent: Tue 9/22/2015 8:40:06 PM 

Subject: Re: Meeting request Christian Hey German Advisory Council on the Environment 

Michael, we can offer a meeting at EPA for Mr. Hey on Wednesday, September 30th 
from 9:00 - 11:00 a.m. on the topics requested below. 


The meeting will take place on the third floor of the Reagan Building. We also will need 
the standard spreadsheet containing the required clearance information for all German 
visitors (including Embassy staff) who will attend the meeting. 


Please let me know if you have questions. 


Thanks and regards, 
Anna 


Anna Phillips 

Program Manager for Europe 

U.S. Environmental Protection Agency (EPA) 

Office of International & Tribal Affairs 

Washington, D. C. 20460 

Tel: (+1) 202.564.6419 Fax: (+1) 202.565.2427 

e-mail: Phillips,anna(3>eoa.gov 

htto://www2. epa. gov/international-cooperation 


From: .WASH WI-2 Weber, Michael <wi-2@wash.auswaertiges-amt.de> 

Sent: Tuesday, September 22, 2015 11:02 AM 
To: Phillips, Anna 

Subject: Meeting request Christian Hey German Advisory Council on the Environment 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025436 



Dear Anna, 


Thanks again for the help re Volkswagen. I am now writing to you on a more positive matter. 

Christian Hey, general secretary of the German Advisory Council on the Environment (SRU) 

(http://www.umweltrat.de/EN/TheGermanAdvisoryCouncilOnTheEnvironment/thegermanadvisorycouncilonthee 

, an expert advisory body of the German Environment Agency (UBA) and the Federal Ministry of 

the Environment, will be in town next week (Sept 30). The SRU consists of government 

employees (Christian Hey is employed by the UBA) and appointed university professors who 

describe and assess environmental conditions, problems, and political trends and point out 

solutions and preventive measures. The SRU also submits an Environmental Report to the 

German federal government every four years. The report describes and assesses environmental 

policy developments and provides in-depth analyses of selected topics. Christian Hey is very 

interested in some comments your colleague William Jordan, deputy director in the office of 

pesticide programs, made recently on TTIP (see press article below). Do you think he would be 

available for a meeting? I am also wondering if Scot Hagerthey or one of his staff that 

worked on the ROE is interested to talk to Christian Hey about some of the 

environmental challenges they regard most pressing or they think are not so much on 

the public radar but warrant attention. 


I’ve worked with Christian for a few years in one of my previous jobs in Berlin and can 
say that he is extremely knowledgeable on a wide range of topics. 


Many thanks, 
Michael 


Michael Weber 
Energy Policy Advisor 

Embassy of the Federal Republic of Germany 

4645 Reservoir Road NW 

Washington, DC 20007 

Tel: +1 (202) 298 4381 

Fax: +1 (202) 298 4391 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025437 



E-mail: wi-2@wash.diplo.de 

Our Choices Matter - www.transatlantic-clirrsate-bridQ e.org 


www.Germany.info 



Inside U.S. Trade - 06/27/2014 

EPA, Consumer Safety Regulator Express Skepticism About TTIP 
Benefits 

Posted: June 26, 2014 

Representatives of two U.S. regulatory agencies on June 24 expressed varying degrees of skepticism toward the 
idea of expanded regulatory cooperation with the European Union under a U.S.-EU trade deal, and raised fears that 
an agreement could slow down their rule making. 

Robert Adler, acting chair of the U.S. Consumer Product Safety Commission (CPSC), said he worries including 
regulatory cooperation obligations in the Transatlantic Trade and Investment Partnership (TTIP) could make his 
agency even more hamstrung than it already is when it comes to issuing regulations. 

Adler directly rebuffed the idea -- proposed by the European Commission -- that the trade deal should establish a new 
"Regulatory Cooperation Council" that would allow greater input from EU regulators and stakeholders in the U.S. 
regulatory process, and vice-versa. 

Imposing such a procedure "could extend an incredibly cumbersome process that we face when we write 
regulations," Adler said. He explained that in 1981, Congress amended the CPSC's statute to require extensive cost- 
benefit analyses before publishing a rule. The consequence is that the agency has been able to issue only nine safety 
standards in the intervening 33 years, he said. 

"The idea that we would then have to take a rule that we have spent so much time writing and go to an additional 
approval means that you're going to have many, many, many years of waiting for safety regulation. And I think that 
we all know that safety delayed is safety denied in too many respects," he said at an event in Washington hosted by 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025438 




the Transatlantic Consumer Dialogue (TACD). 


Adler said some of his office's expert-level officials have been directly involved in the TTIP negotiations, and have 
helped to explain -- for example — U.S. rules on flame-retardant treatments for textiles. He said the EU seemed 
satisfied enough with the explanation so as not to regard these rules as a trade barrier to be tackled through TTIP. 

But he expressed fear that other CPSC regulations may come into the crosshairs of negotiators. 

Separately, William Jordan, deputy director in the office of pesticide programs at the Environmental Protection 
Agency (EPA), signaled skepticism toward TTIP regulatory cooperation efforts by saying it remains to be seen 
whether they will be "productive or a big waste of time." 

Speaking on a different panel at the same TACD event, Jordan also acknowledged evaluating the potential impact of 
a rule on trans-Atlantic trade would add to a pile of more than a dozen assessments the EPA must conduct for other 
areas in publishing a rule, potentially slowing it down further. 

"The fact that there may be trade impacts from a regulatory decision doesn't necessarily mean that it changes the 
regulatory decision, but it might mean that you look for different ways of achieving or implementing a goal," Jordan 
said. 

"The downside that I see is adding yet one more kind of analysis to develop when taking a regulatory action ... There 
are usually about 17 sections that go at the end of every rule making the EPA does. To go to another one adds just a 
little bit more work and has the potential to slow things down. I think the serious question is: Is it worth it?" 

At the same time, Jordan said he sees some possible benefits from cooperating with the EU through its proposed 
Regulatory Cooperation Council. 

He suggested doing so would be somewhat helpful, if only so U.S. officials could go to one forum and have access to 
all the relevant EU officials on a topic -- something he described as difficult given the EU's complicated bureaucracy. 
Working together on risk assessment for pesticides, for example, might also reduce the likelihood the U.S and EU 
would come to different decisions on risk management. 

Adler, the acting CPSC chair, also raised questions about whether reducing regulatory differencesbetween 

the U.S. and EU in the consumer products sector, which includes things like apparel and toys, would really lead to 
added economic gains for businesses on either side of the Atlantic. 

He said his experience has shown companies typically make their products to the highest standard of the markets 
they sell to, so they are compliant in all of them -- something he contended is good for consumers, and does not incur 
the expense of maintaining different inventories for different safety standards. 

"I think the annoyance factor of different safety systems is huge with our friends in the business community. I 
personally remain skeptical that the out-of-pocket costs are as great as the annoyance," he said. 

Adler added his agency does not have the staff or resources to figure out how standards could be aligned with 
regulations in other jurisdictions, although it does take international standards and best practices into account. He 
said he has exhorted businesses who complain about divergent rules to submit detailed petitions demonstrating the 
two approaches are consistent and harmonizing them would reduce costs. But he said he has received no response 
to date from businesses. 

"What our friends really seem to want is for CPSC to survey the market, find equivalent standards, and lead the 
charge to make our systems compatible," he said. "In other words, they want us to be the moving party. And I'm 
going to be very frank: That's not going to happen." 

Inside U.S. Trade - 06/27/2014, Vol. 32, No. 26 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025439 



To: Grundler, Christopher[grundler.christopher@epa.gov]; Bunker, Byron[bunker.byron@epa.gov]; 

Cohen, Janet[cohen.janet@epa.gov]; Wehrly, Linc[wehrly.Iinc@epa.gov] 

Cc: Hengst, Benjamin[Hengst.Benjamin@epa.gov]; Simon, Kari[Simon.Kari@epa.gov]; Snapp, 

Lisa[snapp.iisa@epa.gov]; Patulski, Meg[patulski.meg@epa.gov]; Cook, Leilafcook.ieila@epa.gov]; 
Charmley, William[charmley.william@epa.gov]; Oiechiw, Michael[olechiw.michaei@epa.gov]; Sargeant, 
Kathryn[sargeant.kathryn@epa.gov]; Moran, Robin[moran.robin@epa.gov]; Alson, 

Jefffalson.jeff@epa.gov]; Manners, Maryfmanners.mary@epa.gov]; Moitzen, 

Michaei[Moitzen. Michaei@epa.gov] 

From: Birgfeid, Erin 

Sent: Tue 9/22/2015 8:47:10 PM 

Subject: FW: Volkswagen Clips 9/22/2015 


FYI - the latest VW clips for reference... 


From: Gong, Kristiene 

Sent: Tuesday, September 22, 2015 4:38 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeid, Erin; Hull, George; Daguillard, Robert; Valentine, Julia 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/22/2015 


The Tennessean: 


http://www.tennessean.com/story/news/politics/2015/09/22/tn-senate-leader-requests-hearing-on- 


volkswagen-issues/72625196/ 


TN Senate leader requests hearing on VW cheating issues 

Dave Boucher 


A leader in the Tennessee Senate is asking a fellow lawmaker to call a hearing to look at how 
cheating revelations regarding Volkswagen may affect the state. 


Senate Speaker Pro Tern Bo Watson, R-Hixson, notes the German automaker's significant 
investment in Tennessee as a reason he wants Senate Finance, Ways and Means Committee 
Chairman Randy McNally, R-Oak Ridge, to schedule a hearing. 


VW FOIA, EPA 


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2017-FFP 025440 



"While all of the relevant facts may remain unreported at this time, I am very concerned as to the 
financial impact these violations could present to the state of Tennessee," Watson writes. 


"As the chairman is aware, Tennesseans have made a significant investment in Volkswagen and 
any action that threatens the stability and sustainability of the investment should be reviewed by 
the finance committee, without delay," he continued later in the letter. 


Tennessee provided Volkswagen with $165 million in grants in connection to its massive facility 
in Chattanooga, where more than 3,200 people are employed. Volkswagen received more than 
$577 million in incentives to build the plant in Chattanooga in 2008, The Associated Press 
reported. The AP also noted another state and local package worth up to $300 million was 
offered last year to persuade VW to expand the Chattanooga plant to build a new SUV in 
Tennessee as opposed to elsewhere. 


Volkswagen CEO Martin Winkerton apologized Tuesday in the wake of accusations from the 
U.S. Environmental Protection Agency that the company had intentionally installed software that 
allowed its cars to cheat in emissions tests. The company said the emissions software affected 11 
million cars worldwide. 


On Tuesday it was reported the company has set aside more than $7 billion in anticipation of 
fines. USA TODAY reported recently that the car company could face $18 billion in fines from 
the federal government. 


Volkswagen sets aside $7.3B over emissions scandal 


On Monday Gov. Bill Haslam said he was concerned when he heard the revelations. He said he'd 
only spoken briefly with representatives from the EPA and Volkswagen. 


"Volkswagen is somebody that is a major partner for us in the state of Tennessee, both in terms 
of investment and the jobs created. We're obviously very interested in their continued growth, 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025441 



but they're going to have to address this issue," Haslam told reporters Monday. 


Lt. Gov. Ron Ramsey, R-Blountville, told the Chattanooga Times Free Press that the revelations 
are "depressing, hard to believe. On and on. We've made a huge investment." 


Watson asked McNally to call the public meeting to discuss potential impact on Tennessee as 
soon as possible. 


From: Gong, Kristiene 

Sent: Tuesday, September 22, 2015 3:33 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert; Valentine, Julia 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/22/2015 


NBC News: 


http://www.nbciiews.eom/busi:oess/autos/volkswageii-l 1-million-vehieles-could-have-suspect- 
software-emissions~scandal-n431456 


Volkswagen Sets Aside $7.2 Billion to Pay for Emissions Cheating Scandal 

by PAUL A. EISENSTEIN 


Volkswagen said Tuesday it is setting aside more than $7.2 billion to cover the anticipated cost 
of resolving its diesel emissions cheating scandal, a figure that could be eclipsed by potential 
penalties and lawsuits facing the German automaker in the U.S. 


The issue, meanwhile, now is spreading to other markets, with VW confirming it used the same 
illicit software - dubbed a "defeat device" by U.S. regulators - on 11 million diesel vehicles sold 


VW FOIA, EPA 


06/20/2017 


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worldwide. That has triggered calls for new investigations in markets from South Korea to the 
European Union. 


The money that VW is setting aside, 6.5 billion euros, is part of the company's efforts to "win 
back the trust of our customers," VW said in a statement Tuesday. 


Meanwhile, it noted that it is "working intensely" to find a technical solution to removing the 
software without reducing the performance of affected VW products. A total of 488,000 VW and 
Audi brand vehicles equipped with four-cylinder engines were recalled Friday, while the 
automaker ordered dealers to stop selling products equipped with those diesels. 


Concerns about the mounting costs and potential impact to VW's reputation have led to a panic 
among the company's investors. On Monday, the value of VW shares plunged by 17 percent, and 
the sell-off was continuing midday Tuesday on the German exchange. 


The crisis could lead to a shake-up in management at Volkswagen AG, industry analysts have 
warned. 


The U.S. Environmental Protection Administration announced Friday that the automaker had 
surreptitiously equipped its diesel vehicles with software designed to recognize when those 
products were being tested on a dynamometer, essentially an automotive treadmill. In such a 
situation, the full complement of emissions controls systems would operate at their maximum, 
bringing the vehicles into compliance with U.S. - and even tougher California - emissions 
standards. 


But once the testing would be completed, according to the EPA, the vehicles would revert to a 
different mode, effectively allowing emissions levels to increase by as much as 40 times. 


In its new statement, VW gave more details, admitting that "discrepancies" related to vehicles 
with Type EA 189 engines and involved some 11 million vehicles worldwide. 


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06/20/2017 


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"A noticeable deviation between bench test results and actual road use was established solely for 
this type of engine," the VW statement said. "Volkswagen is working intensely to eliminate these 
deviations through technical measures." 


While the maker acknowledged the computer control systems on 11 million vehicles contain the 
code, it also claimed that the "majority of these engines the software does not have any effect." 


The U.S. has the world's toughest diesel emissions standards, largely focusing on levels of micro- 
fine particulates and smog-causing oxides of nitrogen. In Europe, where the emphasis is on 
global warming gases like C02, diesels handily meet test standards because they are so energy 
efficient. 


Even so, there are mounting calls in Europe for a full investigation of the VW diesel test scandal, 
and CEO Martin Winterkom has told Germany's transit ministry the company will fully 
cooperate with its investigation. Officials in South Korea also have called for an investigation. 


Meanwhile, the U.S. Justice Department has reportedly taken the preliminary steps to open a 
criminal investigation. 


Whether the $7.3 billion set aside is enough to cover VW's costs from the scandal remains to be 
seen. According to EPA rules, VW could be fined up to $37,500 for each vehicle not in 
compliance with emissions regulations, or a total of around $18 billion. California regulators 
could issue their own fines. 


Several law firms also have taken initial steps of their own to bring class action lawsuits against 
Volkswagen on behalf of owners. 


But perhaps the biggest question concerns the impact the scandal will have on VW's image and 
sales. The maker overtook Toyota to become the world's best-selling automaker during the first 
half of 2015. But it has been struggling to build momentum in the critical American market 
where about a quarter of its sales are diesel-powered vehicles. For now, VW has halted the sale 


VW FOIA, EPA 


06/20/2017 


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of those models until it can come up with a fix for the faulty software. 


From: Gong, Kristiene 

Sent: Tuesday, September 22, 2015 2:33 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert; Valentine, Julia 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/22/2015 


Bloomberg (via Chicago Tribune): 


http://www.chicagotribune.com/news/sns-wp-blm-news-bc-vw-states22-20150922-storv.html 


Volkswagen probed by states over pollution cheating 

Christie Smythe, Bloomberg News 


Several states have begun an investigation into Volkswagen's admission that it equipped cars 
with technology to cheat federal air pollution tests, joining federal investigators and a growing 
list of countries probing the German automaker. 


Wolfsburg, Germany-based Volkswagen said on Sept. 18 that it used "defeat device" software to 
beat emissions tests in labs. The diesel vehicles spewed as much as 40 times the legal limit of 
pollutants when they were on the road, the Environmental Protection Agency alleges. 
Volkswagen said it's cooperating with U.S. officials. 


The matter may cost Volkswagen $18 billion in penalties from the EPA, based on a maximum 
$37,500 violation for each of nearly a half-million diesel versions of the VW Jetta, Golf, Beetle 
and Passat and the Audi A3. 


Matt Mittenthal, a spokesman for New York Attorney General Eric Schneiderman, said in an e- 
mail today that he could confirm New York is part of the multistate group but was unable to say 


VW FOIA, EPA 


06/20/2017 


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what other states were part of the probe. 


The U.S. Justice Department has also begun a criminal probe, according to officials who spoke 
on a condition of anonymity. 


The German government opened its own probe on Tuesday. Environment Canada also started an 
investigation, promising unspecified "enforcement action" if the car maker cheated in that 
country. 


From: Gong, Kristiene 

Sent: Tuesday, September 22, 2015 1:28 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert; Valentine, Julia 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/22/2015 


NY Times: 


http://www.nytimes.com/2015/09/23/business/dealbook/volkswagen-debacle-on-fmancial-par- 

with~bp~oil~spill.html 


Volkswagen Debacle on Financial Par With BP Oil Spill 

SEPT. 22,2015 

By ANTONY CURRIE and OLAF STORBECK 


Volkswagen’s cheating on clean air rules in the United States has driven investors into a deep 


funk. 


The German carmaker’s market capitalization shrank 16.6 billion euros, or $18.6 billion, in just 
over a day, after it was caught falsifying emissions on certain cars sold in the United States. The 


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eventual cost could be higher. Although other carmakers have paid less for misdeeds, the better 
analogy might be oil: BP’s 2010 Deepwater Horizon fiasco. 


Rival carmakers got off relatively lightly for recent transgressions in the United States with more 
disastrous immediate consequences. General Motors paid $900 million to settle a lawsuit over 
faulty ignition switches linked to 124 deaths. Toyota paid $1.2 billion last year for 
malfunctioning accelerators tied to fewer fatalities. 


No deaths can be directly pinpointed to Volkswagen blocking accurate checks on emissions - 
though the software installed in some vehicles hid levels of harmful nitrogen oxide up to 40 
times above permitted levels. 


The environmental twist perhaps makes BP’s disastrous Gulf of Mexico oil spill a better 
comparison. Initial total cost estimates by analysts were as low as $3.5 billion. The final bill 
under the Clean Water Act was $5.5 billion, less than half the maximum fine. But BP’s other 
costs, including damages, ballooned. All in, BP ended up setting aside almost $55 billion in 
fines, compensation and cleanup costs. 


The Clean Air Act allows the Environmental Protection Agency to charge up to $37,500 a 
vehicle for any breaches. With 482,000 affected cars, that’s $18 billion. The E.P.A. could be 
kinder than that, but Volkswagen, run by Martin Winterkom, cheated government tests for six 
years, dissembled when confronted and meanwhile lauded Volkswagen’s status as an 
environmentally sustainable carmaker. 


Volkswagen can pay $18 billion, over time, and retain its credit rating. It has €21 billion in net 
cash, with more coming from planned divestitures. 


That, though, doesn’t factor in other costs, including recalls, refits, vehicle buybacks and class- 
action lawsuits - or the possibility that Volkswagen’s emissions shenanigans were more 
pervasive. Diesel cars account for more than half its sales in Europe, its largest market, though 
with more lenient nitrogen oxide standards. If the scandal undermines the business case for 
Volkswagen’s diesel engines, a €16.6 billion drop in value will look like a country jaunt. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025447 



From: Gong, Kristiene 

Sent: Tuesday, September 22, 2015 1:18 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert; Valentine, Julia 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/22/2015 


Washington Post: 


htt p://www.washingtonpost.com/news/wonkblog/wp/2015/09/22/anatomy-of-volkswagons 

deeepbpn z the-rgcall-that-ngygr z fixgdiMy.i.cars/ 


Anatomy of Volkswagen’s deception: The recall that never fixed any cars. 

By Peter Whoriskey and Joby Warrick September 22 at 12:20 PM 


Volkswagen's decision to equip 11 million vehicles with devices to cheat emissions tests 
worldwide has sent the company into an acute corporate crisis in recent days. But on December 
2, 2014, the company assured U.S. and California regulators that their engineers had a 
straightforward solution. 


Volkswagen told officials then that a software change would remedy the overflow of pollution 
emitted by their diesel cars, according to state and federal letters to the company. At the time, 
Volkswagen proposed a “voluntary recall” of about 500,000 vehicles. State and federal officials 
approved the plan. 


That fix was either a technical failure or, some officials said, another ruse. 


By May of this year, California tests showed that “the recall calibration did reduce emissions to 
some degree but NOx emissions were still significantly higher than expected.” 


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The extent of the recall, which is discussed in letters between government and company officials, 
is unknown. Company officials wouldn’t say this week how many recall notification letters 
Volkswagen issued to consumers, and how many consumers brought their cars in for the 
purported fix. 


But the incident is one of the highlights in what federal and state officials have likened to a cat- 
and-mouse game between regulators and one of the world’s largest automakers. 


“They basically ran out of excuses,” said Stanley Young, spokesperson for the California Air 
Resources Board. “They would say the tests weren’t at the right temperature, or some other 
issue. We had them in [to our offices] several times.” 


EPA administrator Gina McCarthy said on Tuesday that the agency would step up efforts to look 
for cheating by other manufacturers, though she suggested that Volkswagen was an “outlier” in 
the extent of its cheating to defeat emissions standards. 


“We are not going to sit down around and worry about whether or not there are other devices. 
We’re going to find it,” she said. “So right now we’re upping our game in terms of going out and 
doing the work to take a look at what we need to do with other vehicles.” 


The company’s dire diesel troubles have erupted over just a few days, but they were a long time 
in gestation. 


The regulations that shaped the design of the diesel engines were put in place more than 15 years 
ago, when the EPA finalized rules that raised the emission standards for diesel cars. 


After a years-long grace period, the tough standards were phased in between 2004 and 2007. At 
the time, the government acknowledged that meeting the standards for NOx, or nitrogen oxide, 
as well as soot, would be difficult. 


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“Manufacturers have expressed concerns that diesel-fueled vehicles would have difficulty 
meeting NOx and particulate matter levels like those contained in today’s rule,” EPA officials 
wrote in issuing the new standards. “Clearly, these standards will be challenging.” 


For a time, Volkswagen and other automakers stepped back from the U.S. diesel car market. It 
was a time to retool. Experts said the challenge of making a diesel engine clean enough for the 
U.S. standards - without compromising how the engine works - is very difficult. 


“NOx is more of a challenge for diesel engines than it is for gasoline engines,” said John Storey, 
distinguished research and development staff member at Oak Ridge National Laboratory. “The 
strategies companies use to clean them up all have an impact on performance, fuel economy and 
maintenance.” 


The engineering hurdles in controlling diesel emissions are high enough, some experts said, that 
they may provide an incentive for companies to skirt the rules. 


“I can’t say I’m surprised,” John M. DeCicco, Ph.D. Research Professor at the University of 
Michigan Energy Institute, of the recent revelations. “The temptation to game the system with a 
defeat device is definitely high because of the technical challenges.” 


In 2008, Volkswagen came back with a diesel version of the Jetta. The company touted it as an 
example of the “clean diesel.” It won raves, including “Green Car of the Year” at the Los 
Angeles Auto Show. 


“After a three-year break that seemed interminable to fans, Volkswagen's back in the U.S. diesel- 
car market with a clean-burning diesel in its popular Jetta compact sedan,” USA Today told 
readers. 


But what seemed like a breakthrough seems now, in the light of recent revelations, like a 
massive cheat. 


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06/20/2017 


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The company’s two-liter diesel engines in the U.S. had been equipped with a “defeat device” 
that allowed the cars to pass federal emissions tests despite emitting more than 10 times the 
permitted amounts of NOx when it is on the road. Those emissions help produce smog on hot 
summer days, triggering a variety of health problems, particularly for asthmatics and other 
people with breathing difficulties. 


As has been widely reported, the emission problems were detected in a May 2014 report by the 
International Council on Clean Transportation and West Virginia University. 


The results were presented to the company and several months later, in December 2014, the 
company told California regulators that they had a fix. They would “recalibrate” the software 
that runs the engine. 


“Based on this meeting, VW initiated a voluntary recall...This recall was claimed to have fixed 
among other things, the increased real world driving NOx issue,” according to a recent letter 
from the California Air Resources Board to the company. 


By May of this year, California officials had run road tests on cars altered as under the recall. 
Despite the fix, the car showed higher than expected NOx emissions. California engineers also 
created a special dynamometer test, apparently to address company concerns that the previous 
testing was unfair. 


California Air Resources Board “has determined that the previous recall did not address the high 
on-road NOx emissions, and also resulted in the vehicle failing certification standards,” it told 
the company earlier this month. 


McCarthy, speaking to reporters in Washington, acknowledged that the Volkswagen software 
ruse was “particularly difficult for us to detect. We haven’t found similar types before but we’ll 
take a look and make sure we’re attacking it successfully,” she said. 


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McCarthy defended the EPA’s regulatory standards as reasonable, and said most other car 
manufacturers appear to have found a way to comply. 


“This is about a NOX emission standard that was put in place a few decades ago. The industry 
knew what was happening. We feel pretty confident the industry has been innovating to be able 
to meet this standard,” she said. “So we don’t think that this problem with the standards at all.” 


McCarthy said she was gratified by Volkswagen’s aggressive response in acknowledging its 
mistakes, even as she criticized the company for its years of deliberate deception. 


“I think it will be very difficult for Volkswagen at this going to be looked at as anything other 
than a real outlier,” she said. 


From: Gong, Kristiene 

Sent: Tuesday, September 22, 2015 12:29 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert; Valentine, Julia 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/22/2015 


Financial Times: 


http://www.ft.eom/intl/cms/s/0/ac6742b2-611 d-11 e5-a28b~ 
502268304644.html#axzz3mU7mhPP8 


How VW’s ‘defeat device’ cheated on EPA emissions tests 

Clive Cookson, Science Editor 


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The “defeat device” that Volkswagen used to cheat on US emissions testing sounds as if a secret 
little black box was hidden deep in the diesel engine just waiting to switch anti-pollution controls 
on during government inspections. 


During normal driving, these controls are relaxed, which improves performance and reduces 
engine wear. 


“The test cycles are very formal and well established, so priming a vehicle to sense when it is 
being tested is potentially quite straightforward,” said Professor Alastair Lewis, an air pollution 
expert at York University in the UK. “For example are only its drive wheels turning, is the 
acceleration unnaturally smooth, or constant speeds too precise for a human driver?” 


Modem “clean diesel” engines aim to reduce pollution in a series of computer-controlled steps. 
For example, the computer may adjust the ratio of air to fuel in the combustion chamber, change 
the operating temperature or alter the rate at which exhaust gases flow through catalytic 
converters and filters. 


Another refinement is to inject a chemical called urea into the exhaust stream. It then reacts with 
polluting nitrogen oxides (NOx) and converts them into harmless nitrogen and water. 


“A huge amount of complex electronics controls it all,” said Roger Kemp, professor of 
engineering at Lancaster University. “The code in the software gives thousands of different 
usage patterns corresponding to different combinations of inputs. 


“There is a trade-off between pollution control and engine performance,” Prof Kemp added. For 
example running at a hotter temperature may cut emissions but reduce engine life. 


Bosch, the German car parts company, supplies components to VW, including fuel injection and 
exhaust treatment systems that reduce emissions. But people familiar with the cars said VW 
writes the software that deploys the equipment. 


VW FOIA, EPA 


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According to the EPA’s notice of violation, the software ran the engine with “dyno calibration” 
settings designed to minimise pollution when it detected testing in progress (dyno refers to 
dynamometer equipment at the test centre). For the rest of the time it ran on “road calibration” 
which puts less emphasis on reducing emissions. 


Even when the software switches to road running, a modem diesel engine is much less polluting 
than its filthy predecessors, Prof Kemp pointed out. Its filters and combustion chamber are 
particularly effective at cutting emissions of the tiny soot particles that used to belch out of ill- 
tuned engines (and still do in parts of the developing world). 


The EPA allegations focus on NOx, reactive gases that are one of the main sources of urban 
smog and lung-irritating ozone pollution. The violation came to light when researchers at West 
Virginia University tracked emissions from VW diesel cars on the road and found that NOx 
soared to levels 10 to 40 times higher than the EPA permits. 


Many air pollution experts have long believed that other manufacturers operate their own 
versions of VW’s defeat devices. 


“Virtually all new vehicles in recent years appear to emit substantially more NOx in the real- 
world than they do when tested in labs, irrespective of manufacturer,” said Prof Lewis. “VW 
appear to have been caught red-handed, but it would seem highly likely that others have also 
played dubious games to pass emissions tests.” 


Ian Colbeck, professor of aerosol science at the University of Essex, commented: “It has been 
observed for some time that real world driving conditions do not deliver the emission reductions 
shown in the laboratory. The European Commission will require real world tests in 2017.” 


USA Today: 


htt p://www.usatoday.com/story/money/cars/2015/09/22/volkswagen-emissions- 

scandal/72605874/ 


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Volkswagen emission scandal widens: 11 million cars affected 


Nathan Bomey 


Investors crush Volkswagen shares as company sets aside $7.3 billion to address software that 
manipulates emissions tests. 


Volkswagen's emissions scandal ballooned Tuesday as the automaker said it affects 11 million 
vehicles worldwide and will require the company to set aside 6.5 billion euro ($7.3 billion). 


The startling admission instantly makes the crisis one of the most expensive automotive scandals 
in recent memory. 


The crisis also threatens to upend the company on its rapid path to becoming the world’s largest 
automaker. Volkswagen had seized the title from Toyota for the first six months of 2015. 


"This could damage the Volkswagen brand globally for years to come," said former automotive 
marketing executive Peter De Lorenzo, blogger at Autoextremist.com, in an interview. "Trust 
and belief in the brand has been broken." 


Volkswagen CEO Martin Winterkom pledged to regain the public's trust and rectify the 
company's mistakes, amid speculation that he could lose his job over the crisis. Winterkom's 
contract, coincidentally, is up for renewal at the automaker's board meeting Friday. 


In a video statement Tuesday he said he's "endlessly sorry" for the situation but pledged to stay 
on the job, according to several reports translating the German remarks. 


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Investors crushed the Germans automaker's stock, driving shares down 18% as of 9:47 a.m. ET, 
a day after the stock plunged 19%. 


The crisis began Friday when the U.S. Environmental Protection Agency accused Volkswagen 
of installing sophisticated software on nearly 500,000 U.S. vehicles to manipulate emissions 
tests. 


The technology tricks regulators into believing that 4-cylinder diesel vehicles comply with 
emissions standards, but the cars are actually admitting harmful pollutants at rates of up to 40 
times acceptable standards. Volkswagen quickly halted sales of the cars after the allegations 
surfaced. 


The U.S. Justice Department has opened a criminal probe into the automaker's actions. The 
EPA's own investigation is ongoing, and foreign regulators are expected to launch their own 
probes. 


"Volkswagen is working at full speed to clarify irregularities concerning a particular software 
used in diesel engines," the company said Tuesday in a statement. 


The "discrepancies" affect vehicles with what it called "Type EA 189 engines," causing "a 
notable deviation between bench test results and actual road use." 


The company added: "Volkswagen is working intensely to eliminate these deviations through 
technical measures." 


Volkswagen said it would set aside 6.5 billion euro in its third quarter to address the matter and 
warned that the number could change. 


In the U.S., the EPA could fine Volkswagen up to $37,500 per car, which would equal a 
maximum fine of some $18 billion. 


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"Volkswagen does not tolerate any kind of violation of laws whatsoever. It is and remains the 
top priority of the Board of Management to win back lost trust and to avert damage to our 
customers," the company said. 


The scandal raises serious questions about whether high-level executives knew about the 
software, which had been installed on some nameplates for at least six consecutive model years. 


Earlier this month a subcommittee of Volkswagen's board recommended that the full panel 
extend Winterkom's contract through 2018. The official renewal at Friday's board meeting was 
viewed as a routine matter, but now it may be up in the air. 


Winterkom kept his job earlier this year after then-chairman Ferdinand Piech tried to displace 
him. Piech exited the company shortly after his failed effort. 


De Lorenzo, the automotive marketing veteran, said Winterkom will be forced to answer 
questions about his knowledge of the emissions scandal. 


"He’s very much detailed-oriented. He’s always regaled his underlings with his depth of 
knowledge of detailed items that they would assume he wouldn’t bother with," De Lorenzo said. 
"I think heads will roll and this could bring down Winterkom and some of his trusted 
lieutenants." 


Dave Sullivan, an analyst with AutoPacific, said the "chances of him coming out unscathed have 
got to be very small." 


The EPA has said the company admitted to installing the software. The agency said the software 
affected the four-cylinder diesel versions of the 2009 to 2015 Jetta, Beetle, Golf, the 2014 and 
2015 Passat and the 2009 to 2015 Audi A3. 


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The episode is likely to trigger a recall and a flurry of consumer lawsuits. It may prompt the 
company to compensate individual car owners or other measures. 


European regulators are expected to place Volkswagen under intense scrutiny. But it scandal also 
could bode poorly for Volkswagen in the world's largest vehicle market, China, where 
Volkswagen is No. 1 by market share. 


"The problem is the Chinese are starting to realize they have got to do something with their air 
and this could have an effect on the relationship the Chinese have with Volkswagen," Sullivan 
said. 


The Environmental Protection Agency is working on new tests to detect cheating on the part of 
automakers in the wake of Volkswagen AG’s massive cheating scandal. 


EPA Administrator Gina McCarthy told reporters at a Wall Street Journal forum on Tuesday that 
the agency won’t sit still and is “upping its game” to catch cheaters. 


VW was able to evade U.S. emissions requirements for 482,000 2009-2015 diesel cars by using 
sophisticated software that only turned on emissions equipment during testing. It’s not clear if 
VW did that to boost low-end torque, raise fuel efficiency or avoid more costly emissions 
requirements. 


The fact that VW was able to get away with the cheating for nearly seven years suggests the 
agency must take new steps to detect bad behavior, analysts say. Cars are very sophisticated 
machines with more than 100 million lines of code. 


The VW emissions issue came to the attention of the EPA in 2014 after independent analysis by 
researchers at West Virginia University — working with the International Council on Clean 
Transportation, a non-governmental organization — raised questions about emissions levels. 
After extensive testing, EPA confirmed that the vehicles were emitting up to 40 times the 


VW FOIA, EPA 


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allowable pollution in road use. 


The EPA told The Detroit News on Friday that it was investigating whether other automakers 
had similar problems. But McCarthy said so far it appears VW is an “outlier.” 


This will not be the first time in recent years that EPA has had to change its rules to ensure 
companies are complying with emissions. 


In February, the EPA issued new guidelines to automakers for conducting fuel economy testing. 
The move came after five major automakers have had to restate mileage ratings for certain 
models. 


The guidelines detail how vehicles must be prepared before being tested — including what is an 
acceptable level of wear on the tires and how vehicles should be broken in prior to testing. 


Also at issue are tests used to determine the impact of aerodynamic drag and tire rolling 
resistance on gas mileage. Currently, that is measured at 50 miles per hour. Under the new 
guidelines, automakers must measure the results at all speeds up to 70 mph. 


In 2014, the agency said it was considering writing new formal regulations covering mileage 
labeling by automakers. Instead, it is opting to issue the guidelines. It typically takes EPA two to 
three years to write new legal binding mandates. 


Chris Grundler, the EPA’s director of the Office of Transportation and Air Quality, said in an 
interview in February that “it’s a very dynamic time” in the auto industry, and the agency doesn’t 
want to spend several years crafting axles that could be outdated when issued. 


“Writing regulations takes time,” Gamdler said. “When you are working in the rapidly changing 
environment that we’re in right now, we want to make sure that we are agile enough and flexible 
enough to change with those times.” 


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He said new guidelines are aimed at getting better results. He noted that the EPA will follow the 
guidelines when it conducts audits of automaker testing. 


In November, Korean automakers Hyundai Motor Co. and Kia Motors Coip. agreed to a record¬ 
setting $360 million settlement for overstating fuel economy ratings for 1.2 million 2011-13 U.S. 
vehicles. The settlement includes a $100 million civil penalty, forfeiting $210 million in 
greenhouse gas emission credits and spending $50 million to ensure independent auditing of its 
current and future vehicles. 


After an investigation by the EPA, Hyundai and Kia in November 2012 agreed to restate 
expected gas mileage for 1.1 million vehicles in North America, including 900,000 in the United 
States. That reduced Hyundai-Kia’s fleetwide average fuel economy from 27 to 26 mpg for the 
2012 model year. Hyundai was forced to abandon claims that four models got 40 mpg. 


In August 2013, Ford Motor Co. dropped mileage ratings for the 2013 C-Max hybrid from a 
combined 47 mpg to 43 mpg. In June 2014, Ford Motor Co. said it is lowering the Kiel ratings on 
six new cars and would make payments of $125 to $1,050 to more than 200,000 owners. 


The move was a significant embarrassment to Ford, which has emphasized the fuel efficiency of 
vehicles in its lineup. It was he second time in a year that Ford has had to correct its mileage 
numbers. 


Under current rules, Ford was able to assign the same fuel efficiency rating to the C-Max as the 
Fusion hybrid because they’re in the same family. While that’s worked for conventional cars, it 
hasn’t been as accurate for hybrids. 


Other German automakers besides VW have faced EPA scrutiny. In October, BMW AG agreed 
to reduce its fuel economy ratings on four 2014 Mini Cooper models. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025460 



BMW reduced the combined fuel economy of the three-door manual transmission to 33 miles per 
gallon from 34 mpg, the three-door semi-automatic from 33 to 32, the Cooper S 3-door manual 
from 29 to 28 and the semi-automatic version from 31 to 30. The biggest fall is in the highway 
rating for the Cooper S 3-door manual will fall from 38 to 34 mpg. 


Also last year, another Daimler AG agreed to lower the mpg ratings on two of its Mercedes-Benz 
vehicles after a government audit turned up a problem. 


Mercedes-Benz made minor changes to two models. It will reduce the city mpg figure for the 
2013-14 C300 to 19 mpg from 20 mpg, but the combined 22 mpg and 27 mpg highway value 
will remain the same. For the 2013-14 4-Matic PZEV the combined mpg fell to 22 mpg from 23 
mpg, while the city and highway mpg figures both fell by 1 mpg to 19 and 28, respectively. 


From: Gong, Kristiene 

Sent: Tuesday, September 22, 2015 11:44 AM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert; Valentine, Julia 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/22/2015 


AP (via Washington Post): 


htt ps://www.washingtonpost.com/world/europe/vo1kswageii-sets-aside-73-billioii-over-emissions- 
scandal/2015/09/22/3fe272e8-6112-11 e5~8475~781 cc9851652 storv.html 


VW CEO: ‘Endlessly sorry’ as emissions scandal escalates 


By Geir Moulson and Pan Pylas | AP September 


22 at 11:32 AM 


BERLIN — The crisis enveloping Volkswagen AG, the world’s top-selling carmaker, escalated 
Tuesday as the company issued a profit warning following a stunning admission that some 11 
million of its diesel vehicles worldwide were fitted with software at the center of a U.S. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025461 



emissions scandal. 


The German company said it was setting aside around 6.5 billion euros ($7.3 billion) to cover the 
fallout from the scandal that has tarnished VW’s reputation, raised questions over the future of 
CEO Martin Winterkom and battered its share price. 


Winterkom pledged a fast and thorough investigation. 


“Millions of people across the world trust our brands, our cars and our technologies,” he said in a 
video message. “I am endlessly sorry that we have disappointed this trust. I apologize in every 
way to our customers, to authorities and the whole public for the wrongdoing.” 


“We are asking, I am asking for your trust on our way forward,” he said. “We will clear this up. 


■n 


The VW Logo is photographed at a car at the Car Show in Frankfurt, Germany, Tuesday, Sept. 
22, 2015. Volkswagen has admitted that it intentionally installed software programmed to switch 
engines to a cleaner mode during official emissions testing. The software then switches off 
again, enabling cars to drive more powerfully on the road while emitting as much as 40 times the 
legal pollution limit. (Michael Probst/Associated Press) 

The damage to Volkswagen’s reputation is reflected in the market’s response. Volkswagen’s 
share price slid a further 16.2 percent Tuesday to a near four-year low of 112 euros. The fall 
comes on top of Monday’s 17 percent decline. 


The trigger to the company’s market woes was last Friday’s revelation from the U.S.’s 
Environmental Protection Agency that VW rigged nearly half a million cars to defeat U.S. smog 
tests. 


The company told U.S. regulators that it intentionally installed software programmed to switch 
engines to a cleaner mode during official emissions testing. The software then switches off 
again, enabling cars to drive more powerfully on the road while emitting as much as 40 times the 
legal pollution limit. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025462 



“Ill my German words: we have totally screwed up,” the head of Volkswagen’s U.S. division, 
Michael Horn, told an audience in New York on Monday. 


In a statement Tuesday, Volkswagen gave more details, admitting that there were 
“discrepancies” related to vehicles with Type EA 189 engines and involving some 11 million 
vehicles worldwide. The number of vehicles involved is more than the 10 million or so cars it 
sold in 2014. 


Volkswagen said it is “working intensely” to solve the problem and that it “does not tolerate any 
kind of violation of laws whatsoever.” 


To cover the necessary service measures and what Volkswagen says are “other efforts to win 
back the tmst” of customers, the company said it is setting aside some 6.5 billion euros in the 
current quarter. There was no mention of fines or penalties in the company’s statement. The EPA 
has indicated that it could, in theory, fine VW up to $18 billion. 


The Guardian: 


http://www.theguardian.com/business/2015/sep/22/vw-scandal-caused-nearly-lm-tonnes-of- 

extra-pollution-analvsis-shows 


VW scandal caused nearly 1 m tonnes of extra pollution, analysis shows 

Emissions could have far greater impact in Europe, where almost half passenger cars are diesel, 
than the US 

Karl Mathiesen and Arthur Neslen 


Volkswagen’s rigging of emissions tests for 11m cars means they may be responsible for nearly 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025463 



a million tonnes of air pollution every year, roughly the same as the UK’s combined emissions 
for all power stations, vehicles, industry and agriculture. 


The carmaker has recalled 482,000 VW and Audi brand cars in the US after the Environmental 
Protection Agency (EPA) found models with Type EA 189 engines had been fitted with a device 
designed to reduce emissions of nitrous oxides (NOx) under testing conditions. 


A Guardian analysis found those US vehicles would have spewed between 10,392 and 41,571 
tonnes of toxic gas into the air each year, if they had covered the average annual US mileage. If 
they had complied with EPA standards, they would have emitted just 1,039 tonnes of NOx each 
year in total. 


On Tuesday the company admitted the device may have been fitted to 11 million of its vehicles 
worldwide. If that proves correct, VW’s defective vehicles could be responsible for between 
237,161 and 948,691 tonnes of NOx emissions each year, 10-40 times the pollution standard for 
new models in the US. Western Europe’s biggest power station, Drax in the UK, emits 39,000 
tonnes of NOx each year. 


In the US, just 3% of passenger cars are diesel compared to almost half in the EU. Professor 
Martin Williams from King’s College London said the US’s low percentage of diesel cars meant 
higher diesel emissions in some cars would have a “limited effect” on air quality there. 


“[In the US it would be] nowhere near the effect it would have in this country and in the rest of 
Europe for that matter,” he said. In the UK, Williams added, emissions from diesel cars cause 
roughly 5,800 premature deaths each year. “If you were to make the cars emit at the legal limit 
you could reduce those deaths by at least a factor of two and maybe more. Maybe a factor of 
five.” 


The Clean Air in London campaign called for a royal commission to investigate carmaker’s 
activities in the UK. 


“Diesel is without doubt the biggest public health catastrophe in UK history. Even the black 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025464 



plague didn’t affect everyone in the population,” said founder Simon Birkett. 


Not all NOx emissions - which include nitrogen dioxide (N02) and nitrogen oxide (NO) - are 
dangerous. But an increasing proportion of the toxic N02 gas has been detected in EU diesel 
emissions. A study in the British Medical Journal in May found that short term exposure to N02 
increased the number of premature deaths from heart and lung disease by 0.88% and 1.09%. 


For years, UK air pollution measurements have failed to show improvements in air quality, even 
as standards have tightened. 


“Since 2003 scientists have been saying things are not right. It’s not just the VW story, this is 
part of something much bigger,” said Dr Gary Fuller, also of King’s College. “It has a serious 
public health impact.” 


Last week, a report from NGO Transport & Environment found that Europe’s testing regime was 
allowing nine out of every 10 new diesel vehicles to breach EU limits. Testing regimes in the EU 
are known to fail to pick up “real world” emissions because cars are not driven in the same way 
in the laboratory as on the road. Some studies suggest the discrepancy may be up to seven times 
the legal limit. 


Williams said being able to mask their NOx emissions would also enable carmakers to pass 
carbon emissions tests more easily as there was a trade-off between NOx and C02 in diesel 
engines. 


Catherine Bearder MEP, a lead negotiator on the EU’s new air quality laws, said: 
“Manufacturers in the US have been caught out, but we know that pollution limits are also being 
breached in Europe... Unless we take action, thousands of lives will continue to be tragically cut 
short by air pollution.” 


In a sign that the emissions scandal will not remain restricted to the US, a Venice court will next 
month hear a case against VW and Fiat for misleading test advertising. 


VW FOIA, EPA 


06/20/2017 


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The Italian consumer rights group Altroconsumo is due to press its case for a class action suit 
against VW and Fiat on 2 October, after laboratory tests showed that fuel consumption and C02 
emissions from the VW Golf 1.6 and Fiat Panda 1.2 were up to 50% higher than claimed. 


Altroconsumo wants the German car firm to pay damages of €502 (£365) to the owner of a VW 
Golf, in a case that raises the possibility of widescale compensation payouts by the car industry. 


Monique Goyens, the director of the European consumer rights umbrella group BEUC, which 
includes Altroconsumo, called for an investigation by the European Commission into the use of 
software programmes to ‘game’ European emissions tests. 


“The VW scandal has compounded our concern that underhand tactics are also being used in fuel 
consumption and C02 testing programmes in Europe,” she said. “One of the problems in the EU, 
unlike in the US, is the absence of a market surveillance system which would require 
independent in-use conformity testing. The EU needs to implement such a system to restore trust 
amongst consumers.” 


On Tuesday, the Italian government launched an investigation into VW’s emissions testing 
regime. 


Wired: 


http://www.wired.com/2015/09/vw-fool-epa-couldnt-trick-chemistry/ 


VW Could Fool the EPA, But It Couldn’t Trick Chemistry 

Eric Niiler 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025466 



FOR DECADES, AUTOMAKERS HAVE been caught between building an engine that 
squeezes a lot of energy out of the fuel it bums and one that has low emissions. It’s not an easy 
tension to resolve. “Negotiating both fuel consumption and emissions is a hard tradeoff,” says 
Anna Stefanopolou, professor of mechanical engineering at the University of Michigan. 


When engineers at Volkswagen allegedly inserted a few lines of code into the diesel cars’ 
electronic brains to circumvent emissions testing, they found a solution to this existential 
automotive conflict. Drivers got low emissions during the test, and high performance the rest of 
the time. The only problem: It’s way outside of the rules. The company might have gotten away 
with it, too, if it hadn’t been for those pesky engineers—and the basic chemistiy of the diesel 
engine. 


According to the US EPA, those lines of code hid the fact that nearly half a million diesel VWs 
in the US spewed up to 40 times more nitrogen oxide from their tailpipes than testing indicated. 
Volkswagen has now confirmed that the problem actually affects approximately 11 million 
diesel cars worldwide. Diesel engines use a different mix of fuel than gasoline engines and don’t 
use spark plugs to induce combustion—relying instead on highly compressed, heated air and fuel 
injected as droplets. If a diesel engine doesn’t get enough oxygen to combust the fuel, it’ll emit 
all kinds of gunk—nitrogen oxides, uncombusted fuel, and particulate matter (soot, basically). 


All that gunk is a big problem. Exposed to sunlight, nitrogen oxides convert to ozone—making 
smog. How much depends on a bunch of variables, like sunlight exposure and what happens to 
the hydrocarbon emissions (the uncombusted fuel), plus the temperature and local winds. 


However much extra crap came from the VWs, it won’t be good. Exposure to nitrogen oxide and 
ozone is linked to increased asthma attacks, respiratory illnesses, and in some cases premature 
death. Ozone also worsens existing cardiovascular and lung disease. 


To deal with those emissions, “you have a whole chemical factory at the tailpipe that traps the 
oxides,” Stefanopolou says. This bumps the sticker price for diesel cars by $5,000 to $8,000 per 
vehicle. (On the other hand, diesels get better mileage, especially in highway driving.) 


For years, diesel trucks and buses were the biggest polluters on the highway. But carmakers 
adapted a relatively new technology called selective catalytic reduction—the same tech that 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025467 



scrubs pollutants from factory smokestacks—to the tailpipe of the diesel engine. 


Here’s how it works: Inside a honeycombed chamber, the scrubbing system sprays a liquid made 
of 30 percent urea and 70 percent water into the diesel exhaust. This sets off a chemical reaction 
that converts nitrogen oxides into nitrogen, oxygen, water and small amounts of carbon 
dioxide—molecules that aren’t as harmful to human health. Catalytic scrubbing was supposed to 
cut diesel NOx emissions up to 90 percent, according to the Diesel Technology Forum, an 
industry group based outside Washington. That made diesel engines clean enough to use in 
passenger cars, which have stricter emissions rules. 


The scrubbing chemistry is also what gave away Volkswagen’s alleged cover-up. In 2013, a 
small non-profit group decided to compare diesel emissions from European cars, which are 
notoriously high, with the US versions of the same vehicles. A team led by Drew Kodjak, 
executive director of the International Council on Clean Transportation, worked with emissions 
researchers at West Virginia University to test three four-cylinder 2.0-liter diesel cars in the Los 
Angeles area: a Jetta, a Passat, and a BMW. Only the BMW passed. 


“We felt that it would be possible to get low emissions for diesels,” Kodjak said. “You can 
imagine our surprise when we found two of the three vehicles had significant emissions.” 


The ICCT reported its findings to the EPA and the California Air Resources Board. Regulators 
met with VW officials in 2014 and the automaker agreed to fix the problem with a voluntary 
recall. But in July 2015, CARB did some follow up testing and again the cars failed—the 
scrubber technology was present, but off most of the time. 


How this happened is pretty neat. Michigan’s Stefanopolou says computer sensors monitored the 
steering column. Under normal driving conditions, the column oscillates as the driver negotiates 
turns. But during emissions testing, the wheels of the car move, but the steering wheel doesn’t. 
That seems to have have been the signal for the “defeat device” to turn the catalytic scrubber up 
to full power, allowing the car to pass the test. 


Stefanopolou believes the emissions testing trick that VW used probably isn’t widespread in the 
automotive industry. Carmakers just don’t have many diesels on the road. And now that number 
may go down even more. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025468 



IEEE Spectrum: 


http://spectriim.ieee.org/cars-that-think/transportation/advaiiced-cars/how-professors-caught-vw- 

cheating 


How Engineers at West Virginia University Caught VW Cheating 

By Philip E. Ross 


Volkswagen, which had just become the biggest-selling automaker in the world, has now been 
nabbed committing perhaps the biggest corporate cybercrime of all time. 


Its diesel cars were found to have cheated systematically on emissions tests ran by the United 
States Environmental Protection Agency (EPA) over the past seven years. When the control 
system sensed that a test was under way, it would order the engine to ix-nay on the ox- 
nay—NOx that is, or nitrous oxides—long the bugbear of diesel engines. Later, when the coast 
was clear, the system would let the NOx pour out at up to 40 times the allowed levels in order to 
optimize fuel economy. 


This dirty trick allowed for a clean getaway for some 482,000 cars under the VW and Audi 
brand names, including the VW Jetta and the Audi A3. The EPA found out, VW admitted 
wrongdoing, and it stopped selling the offending vehicles. Its shares lost more than One-fifth of 
their value in the early hours of the next trading day. 


But the guys who found the clues to the crime say they weren’t looking for trouble—they were 
just working under contract to a clean-transportation group that wanted to convince European 
regulators to adopt stricter emissions standards, as the United States has done. 


“We had no cause for suspicion; we thought the vehicles would be clean,” John German, of the 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025469 



International Council on Clean Transportation, told Bloomberg news. 


The ICCT subcontracted the testing to the University of West Virginia’s Center for Alternative 
Fuels, Engines and Emissions (CAFEE). Its engineers compared emissions measured on a road 
trip to results from the same cars that their colleagues were getting in the lab. The discrepancies 
were great. 


Dan Corder, head of WVU’s Center for Alternative Fuels, Engines, and Emissions (CAFEE) 

Some people have mischaracterized what our role was,” says Dan Corder, who heads up 
CAFEE. “Some have used the phrase ‘tipped off the EPA.’ We didn’t.” 


The engineers from CAFEE reported on these preliminary results in spring of 2014 at the 
Coordinating Research Council’s Real-World Emissions Workshop, which was held in San 
Diego that year. Corder hastens to add that the results, based as they were on a handful of cars, 
were preliminary and that they researchers drew no conclusions. According to Corder: 


We said, these are two vehicles. We’re presenting what we can present. EPA people were in the 
audience. And the ICCT publicized the results on its website, then delivered them to the EU’s 
Joint Research Center. 


From: Gong, Kristiene 

Sent: Tuesday, September 22, 2015 11:31 AM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert; Valentine, Julia 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/22/2015 


NY Times: 


http://www.nytimes.com/2015/09/23/business/intemational/volkswagen-diesel-car-scandal.html 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025470 



Volkswagen Says 11 Million Cars Worldwide Are Affected in Diesel Deception 


By JACK EWING SEPT. 22, 2015 


FRANKFURT — A scandal that has undermined Volkswagen in the United States spread to its 
core market of Europe on Tuesday, after the company said that 11 million of its diesel cars 
worldwide were equipped with software that was used to cheat on emissions tests. 


Volkswagen did not provide information on where the affected cars are, but the overwhelming 
majority are probably in Europe, where the company dominates the market and accounts for 
more than one of every four cars sold. 


The German automaker said it was setting aside the equivalent of half a year’s profits — 6.5 
billion euros, or about $7.3 billion — to cover the cost of fixing the cars to comply with 
pollution standards and to cover other expenses, which are likely to include fines as well as 
responses to civil lawsuits from angry customers. 


The carmaker’s statement was its first admission that diesel cars outside the United States may 
contain the software that led the Environmental Protection Agency to accuse the company of 
deliberately evading pollution tests. Previously, Volkswagen had acknowledged only that the 
problem affected about 500,000 vehicles in the United States. 


The tampered vehicles use what is known as Type EA 189 engines, which are 2-liter engines. 
The company said on Tuesday that “a noticeable deviation between bench-test results and actual 
road use was established” for the engines. 


Volkswagen said it would also make “other efforts to win back the trust of our customers.” 


The number of cars involved suggests that the scale of the damage to Volkswagen’s reputation 
and its financial standing may be even greater than thought. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025471 



Volkswagen shares fell by nearly 18 percent through late-aftemoon trading in Frankfurt on 
Tuesday, after falling by 16 percent on Monday. 


The diesel cars were programmed to sense when emissions were being tested and to turn on 
equipment that reduced emissions, according to United States officials. At other times, the cars 
had better fuel economy and performance, but produced as much as 40 times the allowed amount 
of nitrogen oxide, a pollutant that can contribute to respiratory problems including asthma, 
bronchitis and emphysema. 


“Volkswagen is working intensely to eliminate these deviations through technical measures,” the 
company said. 


It is not clear, though, how fully Volkswagen might be able to correct the problem on the 11 
million vehicles. The company could presumably alter the engines, so that the cars on the road 
begin actually meeting the required emissions standards. But doing so would probably degrade 
the vehicles’ fuel economy and performance, and might cause the engines to wear out sooner. 


The E.P.A. has ordered Volkswagen to recall almost a half-million vehicles sold in the United 
States from 2009 to 2015. The affected Golf, Passat, Jetta and Beetle cars were equipped with 2- 
liter diesel engines. Some Audi models also use the same diesel engine. 


Volkswagen has halted sales of cars with the engines in the United States. 


Reuters: 


htt p://www.reuters.com/article/2015/09/22/us-usa-volkswagen-idUSKCN u < 1 .01120150922 


Volkswagen CEO's days appear numbered as emissions crisis deepens 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025472 



BERLIN 


BY ANDREAS CREMER 


Martin Winterkom's days as head of Volkswagen AG appeared numbered on Tuesday after the 
German carmaker said a scandal over falsified vehicle emission tests in the United States could 
affect 11 million of its cars worldwide. 


The Tagesspiegel newspaper, citing unidentified sources on Volkswagen's supervisory board, 
said the board would decide on Friday to replace Winterkom with Matthias Mueller, the head of 
the automaker's Porsche sports car business. 


A Volkswagen spokesman denied the report. The company later said it would post a video 
statement by Winterkom at 1500 GMT. A spokesman for Porsche said Mueller was attending a 
Volkswagen board meeting at its headquarters in Wolfsburg. 


A key Winterkom ally withheld public support for the under-fire chief executive on Tuesday. 


"I don't want to preempt the upcoming intense deliberations and will not comment on details or 
any consequences," Stephan Weil, head of the German state of Lower Saxony, told reporters in 
Hanover when asked about Winterkom's future. 


Weil, a supervisory board member representing Volkswagen's second-largest shareholder, earlier 
this year helped Winterkom to see off a challenge to his leadership by long-time chairman 
Ferdinand Piech. 


Shares in Europe's biggest carmaker plunged almost 20 percent on Monday after it admitted 
using software that deceived U.S. regulators measuring toxic emissions in some of its diesel cars. 


The stock tumbled another 20 percent to a four-year low on Tuesday after some countries in 
Europe and Asia said they would launch investigations themselves. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025473 



Volkswagen said it would set aside 6.5 billion euros ($7.3 billion) in its third-quarter accounts to 
help cover the costs of the biggest scandal in its 78-year-history, blowing a hole in analysts' 
profit forecasts. 


It also warned that sum could rise, adding diesel cars with so-called Type EA 189 engines built 
into about 11 million Volkswagen models worldwide had shown a "noticeable deviation" in 
emission levels between testing and road use. 


Volkswagen sold 10.1 million cars in the whole of 2014. 


The U.S. Environmental Protection Agency (EPA) said on Friday Volkswagen could face 
penalties of up to $18 billion for cheating emissions tests. The carmaker also faces lawsuits and 
damage to its reputation that could hit sales, while media reports have said the U.S. Department 
of Justice has opened a criminal inquiry into the matter. 


The crisis has sent shockwaves through Germany, with Chancellor Angela Merkel calling for 
"complete transparency" from a company long seen as a beacon of the country's engineering 
excellence, and newspapers putting the blame squarely on Winterkom. 


The 68-year-old was due to have his contract extended at a supervisory board meeting on Friday, 
but is now facing questions over why the scandal wasn't averted. 


Volkswagen, which for several years has been airing U.S. TV commercials lauding its "clean 
diesel" cars, was challenged by authorities as far back as 2014 over tests showing emissions 
exceeded California state and U.S. federal limits. 


The company attributed the excess emissions to "various technical issues" and "unexpected" real- 
world conditions. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025474 



It wasn't until the EPA and the California Air Resources Board threatened to withhold 
certification for its 2016 diesel models that Volkswagen in early September admitted its 
wrongdoing. 


"Winterkom either knew of proceedings in the U.S. or it was not reported to him," Evercore ISI 
analyst Arndt Ellinghorst said. "In the first instance, he must step down immediately. In the 
second, one needs to ask why such a far-reaching violation was not reported to the top and then 
things will get tough too." 


Porsche's Mueller was promoted to Volkswagen's executive board on March 1 and was 
previously its head product strategist. As a management board member of family-owned Porsche 
SE, he is also close to the Porsche-Piech clan that has a controlling shareholding in Volkswagen. 


"TOTALLY SCREWED UP" 


Winterkom has built Volkswagen into a global powerhouse since he took the helm in 2007, with 
brands ranging from budget Seats and Skodas to premium Audis and top-end Porsches and 
Lamborghinis. 


But he has also faced criticism for a centralized management style which some analysts say has 
hampered the company's efforts to address long-standing underperformance in North America. 


Workers in Wolfsburg, where Volkswagen employs over 50,000 people, were dismayed by the 
damage to the company's image. "If Winterkom knew of the manipulation, then he must go," 
said one staffer who works at the plant's human resources department. 


From: Gong, Kristiene 

Sent: Tuesday, September 22, 2015 10:57 AM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025475 



Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert; Valentine, Julia 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/21/2015 


LA Times: 


htt p://wwwJatimes.com/husiness/autos/la-fi-vw-subsidies-20150922-storv.html 


U.S. taxpayers duped into shelling out $51 million in green subsidies for 'clean' VW 
vehicles 

By JERRY HIRSCH 


The federal government paid out as much as $51 million in green car subsidies for Volkswagen 
diesel vehicles based on falsified pollution test results, according to a Times analysis of the 
federal incentives. 


On Friday, federal and state regulators said the German automaker used software in 482,000 of 
its diesel vehicles since the 2009 model year to cheat on U.S. emissions tests. Environmental 
Protection Agency officials said Monday that the U.S. Department of Justice is also 
investigating. 


The Times analysis matched Internal Revenue Service data with Volkswagen sales figures to 
determine the value of subsidies VW diesel buyers were eligible to collect in 2009, the first and 
only year the vehicles qualified. The $1,300 tax credit would have been available to buyers of 
about 39,500 Jetta and Jetta Sportwagen models that sold that year, according to Motor 
Intelligence, an industry research firm. 


"It is really unfortunate," said Luke Tonachel, director of clean vehicles and fuels project at the 
Natural Resources Defense Council. "The government has been effective to help advance clean 
technologies, but it is a waste of taxpayer dollars when they aren't actually helping to clean the 
environment." 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025476 



He said regulators should factor in the $51 million in subsidies when determining penalties for 
Volkswagen's Clean Air Act violations. 


Such green car incentives have also gone to buyers of hybrid, electric and hydrogen fuel cell 
cars. But the EPA does not track aggregate figures for incentives paid out to buyers of specific 
models or brands. 


The Volkswagen diesels qualified for the federal incentives in the same year the automaker first 
installed the software trick it used to cheat on emissions tests. The so-called defeat device 
employed an algorithm that automatically detects when the vehicle is undergoing pollution tests 
and changes the way the engine performs. 


The algorithm senses whether the car is in a testing environment by analyzing a variety of data 
— steering position, speed, duration of engine operation and barometric pressure. 


Away from the laboratory, during everyday driving, the cars emit up to 40 times the legally 
allowed amount of nitrogen oxide, environmental officials said. 


The Environmental Protection Agency and the California Air Resources Board discovered the 
software. The EPA said Monday it will coordinate with federal prosecutors on further 
enforcement and penalties. 


How Volkswagen cheated on emissions rules 

Autos editor Brian Thevenot explains how Volkswagen used a software trick to hide illegal 
pollution levels in half a million diesel cars. 


"Determinations regarding potential penalties and other remedies will be assessed as part of the 
investigation EPA has opened in conjunction with the U.S. Department of Justice," said EPA 
spokeswoman Liz Purchia. 


VW FOIA, EPA 


06/20/2017 


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The Justice Department has lately taken on a leading role in major investigations of automakers, 
usually leveraging the threat of criminal charges to exact huge fines. 


Last week, General Motors agreed to pay a $900-million fine to settle an investigation into why 
it did not promptly recall cars with a defective ignition switch that has led to crashes causing 124 
deaths. Last year Toyota signed a $1.2-billion settlement and admitted to deceiving regulators 
about deadly safety defects that allegedly caused unintended sudden-acceleration incidents. 


No individuals were charged in the GM and Toyota probes. 


"This might be the perfect case for Department of Justice to come down on the criminal side 
against individuals and not just the company," said Carl Tobias, a University of Richmond law 
professor. "Someone had to do the computer programming. Someone had to OK this, and all in 
what is known as an autocratic, top-down company." 


The German automaker admitted installing the software after it was confronted by regulators. In 
a statement Sunday, VW Chief Executive Martin Winterkom said, "I personally am deeply sorry 
that we have broken the tmst of our customers and the public." 


Winterkom said the automaker "will cooperate fully with the responsible agencies, with 
transparency and urgency, to clearly, openly and completely establish all of the facts of this 
case." 


He said VW has also ordered an external investigation into the matter, pledging to "do 
everything necessary in order to reverse the damage this has caused." 


Volkswagen declined to comment on the Times analysis of its revenue from the federal 
Alternative Motor Vehicle Credit. 


VW FOIA, EPA 


06/20/2017 


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Volkswagen shares fell $33.89, or 18.5%, to close Monday at $149.68. 


See the most-read stories this hour » 

This was the second time Volkswagen has been charged with using devices to evade U.S. 
emission-control mles. 


In 1974, the automaker paid a $120,000 fine to settle EPA charges that it gamed pollution 
control systems in four models by changing carburetor settings and shutting off an emissions- 
control system at low temperatures. VW didn't admit guilt but pledged management changes to 
ensure future compliance with EPA regulations. 


This time the monetary damage could be much greater. 


The automaker will have to recall all the vehicles and modify the emissions systems at its own 
expense, regulators said. Additionally it could face a fine of as much as $18 billion, or $37,500 
per car. And for now it has suspended sales of thousands of new and used diesel models sitting 
on dealer lots — cars that are depreciating rapidly while the automaker develops a fix for the 
emissions system. 


The affected diesel models are Jetta (model years 2009-15), Beetle (2009-15), Audi A3 (2009- 
15), Golf (2009-15) and Passat (2012-15). 


Volkswagen also will face civil lawsuits on two fronts, including consumer fraud cases and class- 
action litigation for what is called a "diminished value" lawsuit. The vehicles are likely to lose 
some of their resale value because of the problem. 


The Volkswagen case breaks new ground for how corporations can make "end runs" around 
legal requirements, said Ryan Calo, a University of Washington professor and expert in robotics 
and autonomous systems law and policy. 


VW FOIA, EPA 


06/20/2017 


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A company, for example, might learn of an inspection at a construction site and then make sure 
that workers wear helmets or it might clean a food plant thoroughly before a scheduled review 
even if it doesn't operate that way all the time. 


"But this is encoded," Calo said. "I bet that it happens elsewhere but it is rare we detect it 
because we typically don't go through the code. There could be many examples in everyday 
things." 


The VW issue demonstrates why regulators need more technical expertise, including a federal 
robotics commission, he said. 


"We need experts in a centralized place whether the issues are drones, driverless cars or things 
like the VW example," Calo said. 


From: Gong, Kristiene 

Sent: Tuesday, September 22, 2015 10:34 AM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/21/2015 


WSJ: 


http://www.wsj.com/articles/epa-is-upping-its-game-after-volkswageii-allegations-1442929373 


EPA is ‘Upping its Game’ After Volkswagen Allegations 

Top administrator is pleased with auto maker’s ‘aggressive stance’ on tackling problem 
By JEFFREY SPARSHOTT 
Sept. 22, 2015 9:42 a.m. ET 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025480 



WASHINGTON—The top official at the Environmental Protection Agency said the agency is 
“upping its game” in the search for possible violations of U.S. pollution rules following 
allegations that Volkswagen AG circumvented emissions standards. 


“We are not going to sit around and worry about whether others have it, we are going to find it,” 
Gina McCarthy said at a Wall Street Journal breakfast Tuesday. “Right now, we are upping our 
game in terms of going out and doing work to take a look at what we need to do with other 
vehicles.” 


The EPA last week accused Volkswagen of dodging air-pollution rules on nearly half a million 
cars sold in the U.S. The German company has since halted American sales of the diesel- 
powered cars at issue and apologized for violating customers’ trust. 


Volkswagen allegedly used software, dubbed a “defeat device,” in the cars to make diesel- 
powered engines appear to have lower levels of emissions than they actually did. About 482,000 
Volkswagen diesel-powered cars sold in the U.S. since 2008 were affected. 


Ms. McCarthy said the alleged violation was difficult to detect, but she is “pleased Volkswagen 
is taking such an aggressive stance on admitting the problem and attacking it.” 


“I think we have to be concerned whether there are other defeat devices out there that we have 
not been able to detect,” she said. But the auto industry is well aware of the pollution rules and 
has been working to comply. 


“I think it will be very difficult for Volkswagen at this point to be looked at as nothing other than 
an outlier,” Ms. McCarthy said. 


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Detroit Free Press: 


htt p://www.freep.com/storv/news/2015/09/21/us-house-panel-hold-hearing-vw/72583066/ 


Congress to hold hearing on VW air emissions violation 

Todd Spangler and Nathan Bomey, Detroit Free Press and USA Today 8:15 p.m. EDT 
September 21, 2015 


WASHINGTON — Congressional investigators will hold a hearing in the coming weeks to take 
testimony on allegations raised by the U.S. Environmental Protection Agency that Volkswagen 
sold hundreds of thousands of diesel-powered vehicles with software to get around air emission 
limits. 


U.S. Rep. Fred Upton, who chairs the House Energy and Commerce Committee, said Monday 
that the committee's Oversight and Investigations Subcommittee will look into the EPA's 
allegations, which were first raised Friday. VW's stock value plunged Monday in the aftermath 
of the revelations, which could affect some 500,000 vehicles and potentially result in fines 
totaling as much as $18 billion. 


Volkswagen's CEO said he was "deeply sorry" for violating U.S. emissions standards and on 
Sunday ordered an external investigation, two days after the EPA accused the automaker of 
purposefully manipulating emissions tests for almost 500,000 vehicles. 


The German automaker ordered its U.S. dealerships to stop selling cars impacted by the probe 
until its engineers can deliver a fix. 


A date was not set for the congressional hearing but Energy and Commerce staff said it would 
come within the next several weeks. 


“Strong emissions standards are in place for the benefit of public health," Upton, R-St. Joseph, 
and subcommittee Chairman Tim Murphy, R-Pa., said in a joint statement. “We will follow the 


VW FOIA, EPA 


06/20/2017 


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facts. We are ... concerned that auto consumers may have been deceived — that what they were 
purchasing did not come as advertised." 


As the Free Press reported Friday, the EPA and the state of California accused VW of violating 
the Clean Air Act by using software in some 482,000 diesel-powered vehicles that could detect 
when the car was undergoing official emissions testing and turn full emissions controls on only 
during the test. The effectiveness of pollution control equipment was reduced otherwise. 


EPA's violation notice covered model year 2009-15 Jettas, Beetles, Audi A3s and Golfs and 
model year 2014-15 Passats. 


As a result, Volkswagen had a hand in potentially exposing people to harmful pollutants at levels 
40 times the acceptable standard and that could exacerbate respiratory conditions such as asthma, 
the EPA charges. 


"I personally am deeply sorry that we have broken the trust of our customers and the public," 
Martin Winterkom, Volkswagen's CEO, said in a statement. "We will cooperate fully with the 
responsible agencies, with transparency and urgency, to clearly, openly and completely establish 
all of the facts of this case." 


"We do not and will not tolerate violations of any kind of our internal rules or of the law," 
Winterkom said. The company's board takes the allegations "very seriously," he said. 


The violations could expose Volkswagen — the world's largest vehicle manufacturer through the 
first six months of 2015 — to up to $18 billion in federal fines if the EPA assesses the maximum 
possible penalty of $37,500 per vehicle. 


The violations could invite charges of false marketing by regulators, a vehicle recall and 
payment to car owners, either voluntarily or through lawsuits. Volkswagen advertised the cars 
under the "Clean Diesel" moniker. 


VW FOIA, EPA 


06/20/2017 


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The state of California is investigating the emissions violations. 


The EPA accused the German automaker of adopting what it called a "defeat device" to trick 
U.S. regulators into believing its cars met Clean Air Act standards for nitrogen oxides. 
Volkswagen admitted to investigators it had installed the defeat device, the EPA said. 


Volkswagen told dealers they cannot sell the 4-cylinder diesel versions of those cars until a fix is 
available, Volkswagen spokesman Mario Guerreiro said Sunday. 


The sales halt could put a significant dent in the company's September sales performance. About 
20% of Volkswagen's vehicle sales are diesel engines, said AutoPacific analyst Dave Sullivan. 


"It totally goes against all of the marketing they have had of a clean diesel," Sullivan said of the 
violations. "That’s one of the biggest selling points for Volkswagen." 


"The trust of our customers and the public is and continues to be our most important asset," 
Winterkom said Sunday. "We at Volkswagen will do everything that must be done in order to re¬ 
establish the tmst that so many people have placed in us, and we will do everything necessary in 
order to reverse the damage this has caused. This matter has first priority for me, personally, and 
for our entire Board of Management." 


Chicago Tribune: 


htt p ://www.chicagotribune.com/business/ct-volkswagen-owners-0921 -biz-20150921 -story .html 


Volkswagen owners should be nervous about emissions scandal, experts say 

Becky Yerak and Gregory Karp 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025484 



Volkswagen hit with class-action suit over emissions cheating. 

Automobile recalls, even huge, highly publicized ones, typically don't hurt new or used car sales, 
but the Volkswagen scandal involving tricking emissions testers is different and could be cause 
for worry among VW diesel vehicle owners, experts say. 


At least one class-action lawsuit has already been filed on behalf of Volkswagen and Audi 
owners. It claims fraud and breach of contract, citing the "diminished value" of the nearly 
500,000 recalled diesel vehicles, which usually sell for a premium price over their gasoline 
counterparts. Specifically, after recalled Volkswagen diesels are fixed, the cars might have 
degraded horsepower and fuel efficiency, the suit says. 


The EPA says Volkswagen violated the federal Clean Air Act by installing "defeat devices" — 
software programmed to switch engines to a cleaner mode during official emissions testing. The 
software then switches off again, enabling cars to emit as much as 40 times the legal limit of 
pollutants during normal driving. 


Volkswagen marketed the diesel-powered cars as being better for the environment. The affected 
diesel cars, according to the EPA's letter to Volkswagen on Friday, include: Jetta, 2009 to 2015; 
Jetta SportWagen TDI, 2009 to 2014; Beetle, 2012 to 2015; Beetle Convertible, 2013 to 2015; 
Audi A3, 2010 to 2015; Golf, 2010 to 2015; Golf SportWagen TDI, 2015; and Passat, 2012 to 
2015. 


Consumer Reports called the Volkswagen scandal "outrageous" and a violation of law. 


"Volkswagen was ripping off the consumer and hurting the environment at the same time," said 
Ellen Bloom, senior director of federal policy for Consumers Union, the policy and advocacy 
arm of Consumer Reports. 


The EPA has ordered VW to fix the cars at its own expense but said car owners do not need to 
take any immediate action. The EPA insisted that the violations do not pose any safety hazard 
and said cars on the road remain legal to drive. Volkswagen has ordered a stop to sales of new 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025485 



and used TDI cars in stock. 


The EPA said, however, that the cars pose a threat to public health. The agency said the 
carmaker could be fined more than $18 billion. 


The automaker is also part of a criminal probe by the U.S. Justice Department, unnamed sources 
told The Associated Press and Bloomberg News. 


In the Chicago region, Volkswagen dealerships were not responding to inquiries Monday, except 
one that said it hadn't heard from any consumers about the issue and expressed confidence the 
problem would be taken care of. 


For consumers, whether diesel Volkswagens from seven model years will really have less value 
is an open question. 


During recent high-profile recalls by GM, Toyota and Honda, there has been very little, if any, 
impact on sales, said officials from Kelley Blue Book, Black Book and Edmunds. 


"With so many recalls in the news, they easily become white noise for a lot of consumers, and 
they don't appear to have much of an influence on shopping decisions," according to 
Edmunds.com. 


Even when there's intense media coverage, the impact on resale value is "fleeting," as with the 
Toyota recall for accelerators that would stick, said Eric Ibara, a senior analyst with Kelley Blue 
Book. "It lasted for maybe six or eight months, and their resale values popped back to where 
they normally were. 


Still, the Volkswagen recall is different. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025486 



First, it doesn't involve a safety issue but more a breach of public trust. "The impact on that could 
be longer-lasting," Ibara said. "Our concern is their image is tarnished ... I imagine if you own a 
Volkswagen, you're reading the coverage of what they've done." 


Indeed, when a car is recalled for a safety reason, the recall could actually improve goodwill 
with the customer, said Anil Goyal, vice president of Automotive Valuation and Analytics for 
Black Book. 


Another concern for current owners is how the resale values will react when Volkswagen 
eventually restarts selling the diesel models now sitting idle on lots after it stopped selling. "If 
they show up with higher incentive levels, that certainly impacts the used-car values," Ibara said. 


In other words, if VW chooses to get rid of that inventory by offering great incentives and 
significantly lowering diesel car prices, demand for used cars would drop along with their prices. 


Volkswagen offers some of the least expensive diesel models and in recent years had been a 
market leader in that segment of the vehicle market, said John Voelcker, editor of 
GreenCarReports.com. "Diesels in this country have mostly been confined to trucks," Voelcker 
said. "VW was the only volume maker of diesel cars." 


According to Edmunds, VW and Audi account for 17 of 44 vehicle models that offer diesel 
engines, or 39 percent. 


Diesel vehicles fetch a premium price both in the new and used markets. The premium price paid 
by new-car buyers for the diesel version of the recalled cars varies from $1,000 to almost $7,000, 
according to list prices. 


In a quick analysis by Swapalease.com, a 3-year-old base model Volkswagen Golf using 
gasoline sold for 51 percent of its original value, while a diesel sold for 57 percent, said Scot 
Hall, executive vice president of operations for Swapalease.com. "That's a significant 
difference," he said. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025487 



It's ail open question whether the VW diesels, which have TDI as part of the name for 
turbocharged direct injection, will retain the premium over their gasoline counterparts, Ibara 
said. "It would not surprise me if they drop a little bit, but I do not expect the premium to entirely 
disappear." 


What fix Volkswagen will employ is unclear, whether it's a software solution or some physical 
repair or retrofit. It may just restate the fuel economy to be lower on diesels — maybe 3 to 5 mpg 
— and then be faced with offering some compensation to owners, Ibara said. 


So far, it's difficult to say for sure that a fix would hurt the vehicle's fuel mileage, performance or 
reliability. But some current owners are expecting that, Hall said. 


Hall said there's talk that some Volkswagen owners would avoid the fix because they prefer 
more power, better performance and greater fuel economy and care less about the emissions. 


Consumer Reports said that, as a result of the scandal, it has suspended its "recommended" rating 
of two VW vehicles, the Jetta diesel and Passat diesel, until it can retest the cars with the recall 
repair performed. It said it will also assess whether the repair hurts performance or fuel 
economy. 


The potential downgrade in performance was also mentioned in the class-action lawsuit, 


filed on behalf of David Fiol, a California resident and 2012 VW Jetta SportWagen TDI owner. 
He seeks class-action status both nationally and in California, for unspecified punitive damages 
and legal fees, among other things. 


Fiol, in his lawsuit, mentions "future additional fuel costs" and the "diminished value" of his 
vehicle, despite the recall. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025488 



Volkswagen won't be able to make the vehicles "comply with emissions standards without 
substantially degrading their performance characteristics, including their horsepower and their 
efficiency," the lawsuit said. "As a result, even if Volkswagen is able to make" plaintiffs' 
vehicles EPA compliant, the owners "will nonetheless suffer actual harm and damages because 
their vehicles will no longer perform as they did when purchased and as advertised." 


Volkswagen didn't immediately respond to a request for comment about the lawsuit, filed last 
Friday by Seattle law firm Hagens Berman Sobol Shapiro in a U.S. District Court in the 
Northern District of California. 


In Illinois, diesel vehicles like the VWs in question don't require emissions inspections like 
gasoline models, so the flap won't affect owners in that way, according to a spokeswoman for the 
Illinois Environmental Protection Agency. 


From: Gong, Kristiene 

Sent: Tuesday, September 22, 2015 10:12 AM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/21/2015 


NY Times: 


http://www.nytimes.com/2015/09/22/business/it-took-epa-pressure-to-get-vw-to-admit- 
fault.html? r=0 


It Took E.P.A. Pressure to Get VW to Admit Fault 

By BILL VLASIC and AARON M. KESSLER SEPT. 21, 2015 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025489 



Volkswagen executives told environmental regulators for more than a year that discrepancies 
between pollution tests on its diesel cars and the starkly higher levels out on the road were a 
technical error, not a deliberate attempt to deceive Washington officials. 


But this month, the executives made a startling admission: The diesel vehicles it sold in the 
United States used software meant to cheat on the tests. 


VW made the admission only when the Environmental Protection Agency took the extraordinary 
action of threatening to withhold approval for the company’s 2016 Volkswagen and Audi diesel 
models, according to letters sent to company officials by the E.P.A. and California regulators. 


Since that deception became public on Friday, Volkswagen has scrambled to conduct damage 
control. The chief executive apologized and the company said it would stop selling diesel- 
powered cars from the 2015 and 2016 model years. 


All this was possible because environmental regulators had tools and powers at their disposal 
that another area of enforcement — auto safety regulation — does not have, despite the efforts of 
lawmakers, consumer advocates and, more recently, auto safety regulators themselves. Often, the 
auto industry has beaten back more stringent laws. 


The National Highway Traffic Safety Administration, for example, can impose a maximum 
penalty of $35 million on an automaker that flouts safety regulations — a relatively low sum for 
a company like General Motors, which last year paid such a fine for a defect that has now been 
linked to at least 124 deaths. 


By contrast, under the Clean Air Act, Volkswagen, the world’s largest automaker, could be fined 
as much as $37,500 for each recalled vehicle, for a possible total penalty of as much as $18 
billion. 


“The Clean Air Act statutory scheme gives E.P.A. more power and flexibility to move more 
quickly than N.H.T.S.A.,” said Carl Tobias, a law professor at the University of Richmond, who 
has studied the government’s response to auto safety issues. “E.P.A. also seems more tough- 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025490 



minded and savvy about how to be effective in this arena.” 


Still, the time it takes to investigate auto companies is often extensive, and getting the facts can 
be a challenge. “Even E.P.A. took a year to finally crack this case open,” he said. 


Beyond the E.P.A., the government has other tools at its disposal when it comes to enforcing 
environmental regulation. 


As G.M. did, Volkswagen now faces a criminal investigation by the Justice Department, 
according to a person briefed on the inquiry. It is being conducted, though, by the department’s 
Environment and Natural Resources Division, which is devoted to violations of environmental 
law. “Nearly one-half of the division’s lawyers bring cases against those who violate the nation’s 
civil and criminal pollution-control laws,” the department’s website says. 


And on Monday, a subcommittee of the House Energy and Commerce Committee said it would 
hold a hearing on the issue. 


It’s only part of the pressure being applied to Volkswagen. An official with the Environmental 
Protection Agency said that discussions are continuing with Volkswagen, as the company 
grapples with how to handle a recall of the affected vehicles. 


“We still have many questions for the company,” said Christopher Grundler, head of the 
agency’s transportation office. “It’s the responsibility of Volkswagen and Audi to prepare a 
remedy for these vehicles.” 


There is no timetable for Volkswagen to submit a comprehensive plan to recall and fix the 
affected vehicles. But government officials are urging the company to take action quickly 
both on developing a fix for the cars and starting a campaign to educate consumers on the 
problem. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025491 



“This does not happen immediately,” Mr. Grundler said. “And we’ve been trying to be clear with 
the consumers that their vehicles are safe and they don’t have to do anything right now.” The 
assessment of fines for the violations will also not happen immediately. “That is down the road,” 
he said. 


“But we feel a sense of urgency to address the emissions of these vehicles that are already on the 
road.” 


A Volkswagen spokesman, John Schilling, said the automaker was “committed to fixing this 
issue as soon as possible” and to developing “a remedy that meets emissions standards and 
satisfies our loyal and valued customers.” 


Even with the looming punishment, the company almost got away with it. In fact, it most likely 
would have if not for a strange twist of fate and the curiosity of several auto researchers. 


Two years ago, the International Council on Clean Transportation, a nonprofit environmental 
group staffed by a number of former E.P.A. officials, had been testing the real-world 
performance of so-called clean diesel cars in Europe, and were less than impressed with the 
emissions results. 


The group decided it would test diesel-powered cars in the United States, where regulations were 
much more strict, as a way of almost shaming the European automakers to tighten their 
compliance. The group fully expected the American cars to do well, and run cleaner than their 
counterparts across the pond. 


What they could not have foreseen was that they would stumble onto one of the biggest frauds in 
recent automotive history. 


Further, on the campus of West Virginia University, a group of emissions researchers who 
mainly dealt with heavy trucks noticed an unusual posting by the transportation council, which 
was looking for a partner to test diesel-powered cars. 


VW FOIA, EPA 


06/20/2017 


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“No one had done that before in the U.S.,” said Arvind Thiruvengadam, a professor at the 
university. “It sounded very interesting, to test light-duty diesel vehicles in real-world 
conditions. We looked around at each other said, ‘Let’s do it.’ ” 


The university’s team bid on the project and got the contract. Mr. Thiruvengadam and his 
colleagues never envisioned where it would lead. “We certainly didn’t have an aim of catching a 
manufacturer cheating,” he said. “It didn’t even cross our minds.” 


The study also did not target Volkswagen specifically. It was something of a fluke, he said, that 
two out of three diesel vehicles bought for the testing were VWs. 


It did not take long for suspicions to set in. The West Virginia researchers were well-versed in 
diesel performance on real roads, and had certain expectations for how the test cars should ebb 
and flow in their emissions. But the two Volkswagens behaved strangely. 


“If you’re idling in traffic for three hours in L.A. traffic, we know a car is not in its sweet spot 
for good emissions results,” Mr. Thiaivengadam said. “But when you’re going at highway speed 
at 70 miles an hour, everything should really work properly. The emissions should come down. 
But the Volkswagens didn’t come down.” 


Even then, however, it is difficult for most researchers to be sure exactly what is going on. There 
are so many factors involved in real-world driving — speed, temperature, topography, braking 
habits. It is not unheard-of for cars to perform much differently in on-the-road tests than one 
expected. 


But this time there was a key difference: The California Air Resources Board heard about the 
groups’ tests and signed on to participate. The regulators tested the same vehicles in their 
specially equipped lab used to judge cars’ compliance with state emissions standards. That gave 
the project what most studies lacked: a baseline. 


VW FOIA, EPA 


06/20/2017 


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“That broke loose everything,” Mr. Thiruvengadam said. 


In the lab, the two VWs performed flawlessly. But when they were taken out on the roads in 
California, they were belching out levels of nitrogen oxide that were 30 to 40 times higher than 
the regulatory standards. Even the heavy-duty trucks the researchers had tested had never 
performed that poorly by comparison. 


“It just didn’t make sense,” said John German, one of the leaders on the project at the 
transportation council. “That was the real red flag for us.” 


Forbes: 


http://www.forbes.eom/sites/maggiemcgrath/2015/09/22/goldman-chief-lloyd-blankfein- 

discloses-highlv-curable-cancer/ 


Volkswagen Credit Spreads Soar After EPA Charges Co. With Evading Pollution Controls 

John Atkins, CONTRIBUTOR 


Credit spreads referencing German automaker Volkswagen widened sharply today after the U.S. 
Environmental Protection Agency on Friday charged the company with evading government 
pollution controls through software designed to allow diesel models to meet clean-air standards, 
but only during official emissions testing. The government demand for recalls affects roughly 
500,000 vehicles. 


Volkswagen five-year CDS costs increased 80% today, rising 60 bps to the 135 bps area, or a 
high since 2012, trade data show. The 2.45% notes due Nov. 20, 2019 issued by subsidiary 
Volkswagen Group of America Finance last November, at T+85, changed hands today as much 
as 77 bps wider on the session, reaching at G-spread equivalents as wide as T+180, according to 
MarketAxess. 


VW FOIA, EPA 


06/20/2017 


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Credit analysts today noted the significant potential risks to VW’s credit standing and reputation. 
“VW’s operating margins have lagged peers (BMW, Daimler) for some time, and the automaker 
has cited encouraging U.S. vehicle sales in the context of its 2015 revenue and profit outlook,” 
stated FTN Financial senior credit strategist Benjamin Millard in a credit note. 


While it acknowledged uncertainties regarding the impact of the scandal on Volkswagen’s brand 
image and reputation - and terming the development a “crisis” for VW - Fitch today said the 
scandal is unlikely to trigger an immediate downgrade of Volkswagen’s A rating, even though 
Volkswagen reportedly faces a maximum penalty of $18 billion as well as any costs related to a 
recall effort. 


“We believe the fine is unlikely to amount to the theoretical maximum amount of USD37,500 
per car, although there have been only very few precedents of such cases and associated fines. In 
addition, the group’s financial structure is sound and its free cash flow (FCF) generation 
extremely robust,” Fitch stated today. 


The outlooks on the respective A/A2 ratings at S&P and Moody’s are currently stable, through 
S&P warned as recently as Sept. 7 that stricter carbon rules were fueling high capital spending 
demands on Europe’s carmakers. 


TIME: 


htt p://time.com/monev/4042745/volkswagen-epa-diesel-scandal/ 


The Volkswagen Diesel Emissions Scandal, By the Numbers 

Ethan Wolff-Mann @ewolffmann Sept. 21, 2015 


VW is accused of faking pollution tests on a grand scale. 


VW FOIA, EPA 


06/20/2017 


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Last week, the EPA accused Volkswagen of deliberately falsifying tests of its diesel engine cars 
so that the vehicles would pass anti-pollution standards. A massive recall of nearly half a million 
Volkswagen diesel cars was ordered, causing a major stir in the industry—and especially among 
VW owners who had been drawn to the vehicles because of the automaker’s “clean diesel” 
claims. 


Let’s look at the situation by the numbers. 


482,000 Diesel cars affected, which include TDI Jettas, Beetles, Golfs, and Audi A3s from 2009- 
15 and Passats from 2014-15. 


$37,500 Fine per vehicle that the German automaker could face in the U.S. 


$18 billion Possible total penalties faced by Volkswagen, and that figure doesn’t include fixing 
the recalled cars. 


40 Times over the legal limit of certain types of pollution emitted by the vehicles, including 
nitrogen oxide—which can cause respiratory problems. 


$6,855 Premium that buyers were paying for Passat TDI cars over standard gasoline versions. 


-20% The hit Volkswagen stock has taken since the scandal. 


12 Number of months Volkswagen has been denying cheating on the emissions test. 


2017 When Volkswagen may sell diesel cars again in the U.S., now that sales have been halted. 


VW FOIA, EPA 


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2.0 Liter 4-cylinder engines affected. Larger diesel engines used in SUVs don’t have the 
software at the center of the controversy. 


$0 Current resale value of affected cars in California, because the cars were sold as “non- 
compliant” (and therefore cannot be resold). 


14.28% Of affected cars that are registered in California 


23 Percentage of Volkwagens sold in August that were diesels. 


Automotive News: 

http://www.autonews.com/article/20150921 /OEM 11 /150929980/vws-diesel-sales-frozen-until- 
compliance-is-proven-epa-official-says 


VW's diesel sales frozen until compliance is proven, EPA official says 

Fix must be approved before recall can begin 

Chris Grundler: “It will take more work to determine what the appropriate remedy for these 
vehicles is.” 

By Ryan Beene 


WASHINGTON — With its diesel car lineup grounded by an emissions-test cheating scandal, 
Volkswagen now bears the burden of proving that these vehicles comply with federal emissions 
standards, the EPA’s top auto regulator said. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025497 



Until then, said Chris Grundler, director of the EPA’s Office of Transportation Air Quality, no 
sales. 


Meanwhile, Grundler said, the EPA and California regulators are now probing all light-duty 
diesel vehicles in the U.S. market from all manufacturers to check for illegal software designed 
to fool U.S. emissions tests. 


U.S. regulators accused VW on Friday of violating the Clean Air Act by selling 482,000 diesel- 
powered vehicles with such illegal software. The agency said the company admitted to fitting 
seven model years’ worth of diesel cars with the softwared — termed a “defeat device” — that 
would activate the cars’ emission controls during testing, but deactivate them in real-world 
driving. 


In order to be able to resume sales of diesels, Grundler said, VW has to engineer a fix to bring 
those vehicles into compliance, and receive EPA approval before a recall can commence. It’s not 
clear yet whether that fix will consist of a change to the engine’s emission control software or 
more substantial engineering changes to vehicle hardware, Grundler said. 


According to the EPA’s website, it could take up to one year to identify “corrective actions,” 
develop a recall plan and issue recall notices. But Gmndler declined to discuss a specific 
timetable. 


“Until we gather that information and are convinced ... we’re not going to go forward with the 
recall,” Grundler said. “It will take more work to determine what the appropriate remedy for 
these vehicles is.” 


Capitol Hill 

U.S. lawmakers want more answers, too. 


Republican leaders of the House Energy and Commerce Committee today announced plans to 
hold a hearing on the VW emissions scandal in the near future. The hearing will be held before 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025498 



the panel’s Oversight and Investigations Subcommittee, though no date has been set. 


“We will follow the facts. We are also concerned that auto consumers may have been deceived - 
that what they were purchasing did not come as advertised,” U.S. Reps. Fred Upton, R-Mich., 
and chairman of the Energy and Commerce Committee and Tim Murphy, R-Pa., chairman of the 
investigations subcommittee, said in a joint statement. 


"The American people deserve answers and assurances that this will not happen again. We 
intend to get those answers.” 


Also in Washington, the White House said today it was "quite concerned" about reports it was 
seeing concerning VW's conduct in complying with U.S. Clean Air Act requirements. 


"It's fair to say that we're quite concerned by some of the reports that we've seen about the 
conduct of this particular company, but ultimately this is the responsibility of the EPA to take a 
look at it and that's exactly what they're doing," said White House spokesman Josh Earnest. 


California questions 

VW will also have to convince the EPA and California’s Air Resources Board that its 2016 
model year diesel vehicles will comply with emissions standards and are free of any illegal 
software, Grundler said. Until then, the agency will continue to withhold the emission 
certifications needed to begin sales of those models, which are currently being withheld from 
dealers. 


The sales suspensions are a blow to Volkswagen, which counts on diesels for more than one-fifth 
of the VW brand’s sales volume, and has touted its “clean diesel” technology as a key 
differentiator in the marketplace. 


“We’ve been working with the company for a long time trying to get answers and it wasn’t until 
very recently that VW admitted that these vehicles contained software designed to defeat the 
emissions standards,” Grundler said. “We want to make sure that 2016 model vehicles don’t 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025499 



operate the same way.” 


Popular Mechanics: 

http://www.popiilarmeehanics.eom/ca:rs/a.1743Q/ez:ra-dver-volkswageii-diesel-controversv/ 


This Y\V Diesel Scandal Is Much Worse Than a Recall 

This isn't cost-cutting. This is outright cynical deceit. 

By Ezra Dyer 


Most of the time, media test cars are distinguished only by a license plate that might bear a 
discreet "manufacturer" tag. Audi diesels, though, are a different matter. Whether a Q7 or an A3, 
the diesel press cars from Audi (which is part of the Volkswagen group) always bear towering 
"TDI Clean Diesel" decals across their flanks. I guess the theory is that when the cars are out on 
the road they're serving double duty as billboards, spreading the gospel about the Volkswagen 
group's engineering prowess. 


A few years ago I bought a nasty Ford F350 diesel for an engine swap, and I parked it next to an 
Audi A3 and took a few shots to capture the juxtaposition: truck from the dirty diesel past, Audi 
harkening to the clean-burning future. That certainly looks ironic today. 


If you're not up to speed on Volkswagen's shenanigans, you can catch up here. Suffice to say that 
it seems the A3's sanctimonious TDI Clean Diesel stickers were relevant only when the cars 
were actually undergoing an EPA emissions test. Out in the real world, 2.0-liter Volkswagens 
and Audis were as much as 40 times above the legal emissions limit for nitrogen oxides (NOx). 
According to the EPA, about 482,000 four-cylinder Volkswagens and Audis built since 2009 
included what the agency defines as a "defeat device," which is really just software that detects 
an emissions test and "turns full emissions controls on only during the test." The cheater software 
was discovered by researchers at West Virginia University who were trying to document the 
cleanliness of modem diesels. Volkswagen surely wishes they hadn't bothered. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025500 



The revelation of this emissions subterfuge answers at least two questions about VW's mighty 
little diesel. The first concerns urea injection, which eveiy other modem diesel uses to pass 
emissions tests. The urea-injection systems help to neutralize NOx emissions, but they also add 
weight and cost to the car, and saddle car buyers with yet another tank of liquid that must be 
monitored. If you run out of this diesel exhaust fluid, it's like running out of fuel—on trucks with 
such systems, running dry on urea triggers a severe limp-home mode with a 5 mph speed limiter. 
That's how seriously the EPA takes NOx. 


Everyone wondered how VW met emissions standards while foregoing urea injection. As it turns 
out, they didn't. It wasn't magical German engineering. Just plain old fraud. 


The second question concerned fuel economy. It's been widely noted that four-cylinder TDIs 
tend to smash their EPA fuel economy estimates in real-world driving. The last TDI Jetta 
SportWagen I drove was rated at 42 mpg highway, but on 60-mph two-lane roads I averaged 
more like 50 mpg. That's a huge difference. Did running non-compliant emissions improve fuel 
economy? That's possible. And if so, that raises an interesting question: When the cheater VWs 
emitted too much NOx, were they also emitting a lot less C02 thanks to improved economy? 
Maybe the good doesn't offset the bad, but it's something to consider. You can bet that VW's 
lawyers will. 


THE INTENTIONALITY BEHIND THE DECEIT MAKES THIS SITUATION DIFFERENT 
FROM EVEN A HUGE-SCALE RECALL. 

So, how is Volkswagen going to fix this? Putting aside the inevitable fines, possible criminal 
charges, and massive public disgrace, there are half a million cars running an emissions setup 
that never should've left the factory. And there's no quick fix to make up for VW's lies. 


All the other carmakers control diesel emissions by spraying a urea solution into the exhaust 
stream, where a catalyst converts it to ammonia. The ammonia breaks down NOx into nitrogen 
and water. If all of that sounds like it would be tough to bolt right in, you're correct. Maybe VW 
can meet the standards without adding equipment—say, by tweaking the engine control unit 
(ECU) with a different tuning. But what if that new tuning meets the emissions standards but 
sacrifices performance or fuel economy? Now you've got 482,000 customers on a class action 
lawsuit. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025501 



There's no easy way out of this, but they'd better figure something out, and pronto. Right now 
dealers are banned from selling 2.0-liter TDIs, which make up about a quarter of VW's U.S. 
sales. News of the scandal caused VW to lose about a quarter of its market value, indicating that 
investors understand how bad this is. There's no cheap fix nor easy settlement here. 


The intentionality behind the deceit makes this situation different from even a huge-scale recall. 
This isn't a story about a part that was made one cent cheaper than it should've been, where a car 
company cut a comer to save a little cash. It's about a huge corporation eying the mlebook and 
deciding there's a competitive advantage in violating the Clean Air Act. Incompetence is one 
thing, but calculated mendacity is quite another. 


It's too bad. That Golf SportWagen TDI is a punchy, fun car. It's got great fuel economy, tons of 
torque and a bargain price. But when something seems a little too good to be true, maybe that's 
because it is. 


From: Gong, Kristiene 

Sent: Monday, September 21, 2015 4:33 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/21/2015 


Chica2Q Tribune: 


http://www.chicagotribune.com/business/columnists/ct-rosenthal-vw-emissions-0922-biz- 
20150921 -column.html 


VW comes clean on dark heart of its diesel cars. Can it clear the air? 

Phil Rosenthal 


Seems VW fought diesel wars with smoke and mirrors, mostly smoke. What the fahrvergniigen?! 
Volkswagen called it clean diesel. Clean like Lance Armstrong. Clean like the Chicago River. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025502 



Seriously, what the fahrvergniigen?! 


VW has admitted to the Environmental Protection Agency that hundreds of thousands of its 
diesel cars have been using what is literally a killer app. 


The software allowed the vehicles to sail through U.S. emissions tests while reportedly spewing 
10 to 40 times the level of certain pollutants as allowed in ordinary use. 


It's been smoke and mirrors — mostly smoke — for the last seven model years. 


We're talking about 2009, 2010, 2011, 2012, 2013, 2014 and 2015 VW Golfs, Jettas and Beetles, 
along with Audi A3s, equipped four-cylinder, 2.0-liter turbodiesel engines. Oh, almost forgot the 
2012-15 Passats. 


That's nearly half-a-million vehicles in all, belching nitrogen oxide to preserve mileage ratings 
and performance no other carmaker could seem to match, thanks to emissions control systems 
programmed to operate only when testing protocols were detected. 


So we get more smog and ozone and poisons tied to a litany of health problems, such as asthma 
attacks and other respiratory diseases, along with premature death. VW gets more car sales. 


Score one for German engineering and systematic subterfuge, trading our health for its profits. 


Apparently the EPA was first tipped to VW's plot when discrepancies showed up in independent 
testing. But it seems like precisely the sort of thing James Bond is told of when strapped to a 
nuclear missile about to launch. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025503 



The word diabolical comes to mind. 


So does evil. 


One pictures even C. Montgomery Bums, king of the comer-cutters on "The Simpsons," looking 
askance. And we don't know yet if VW is the only offender. 


The auto industry isn't overburdened by high expectations, particularly in the last 12 months or 
so. 


General Motors last week agreed to a $900 million settlement to end a criminal investigation into 
its failure to disclose a deadly ignition defect. 


Toyota last year agreed to a $1.2 billion penalty for withholding information about its vehicles' 
unintended acceleration linked to other fatalities. 


Takata, it's been revealed, knew of dangerous, potentially fatal defects in its airbags long before 
alerting federal regulators, leading to the recall of millions of Honda, Toyota, Chrysler, Subam, 
GM, Mitsubishi, BMW, Mazda, Nissan and Ford vehicles. 


Yet, as Automotive News noted, "Compared with other run-ins between the EPA and 
automakers, VW's alleged violation stands out in its brazenness." 


This takes that kind of amoral corporate behavior to a whole other threat level. 


VW didn't just conceal something it discovered endangering people. It created technology for the 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025504 



specific purpose of allowing it to benefit from endangering people. 


Even if you're one of those people who somehow isn't a fan of clean-air standards, it's not a 
political statement to press on and try to throw authorities off the trail. It's just a crime. 


Tampering with emissions control systems, under terms of the Clean Air Act, could mean a fine 
for VW as high as $37,500 per vehicle or roughly $18 billion, though you know what happens 
when you start to haggle with car guys. 


But even if VW is fined and there's a mandatory recall, some drivers will be reluctant to embrace 
the fix because it likely will make the vehicle less effective and efficient than the one they 
thought they bought. 


Funny we never caught wind of any of this in those slightly discomfiting VW commercials with 
the old ladies hitting on a salesman. Least we don't remember any mention of it. 


VW pulled the ads off the air and, to the extent it could, off YouTube as word of its scandal 
came out, yet more proof that a carmaker can indeed move fast to protect something it actually 
cares about — like its bottom and bottom line. 


This isn't the Olympics. It's one thing to try to keep test results from showing banned substances 
in one's own body, quite another to try to mask bad stuff being inflicted on others. 


Cough. 


This goes beyond the venality of one corporation to whether there's any confidence left in diesel 
cars and credibility in the entire auto industry. Even if this is as far as it goes, it will take quite a 
while to clear the air. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025505 



VW recently surpassed Toyota to become the world's largest carmaker, an achievement now 
eclipsed by the suspicion that there is nothing it wouldn't do. 


From: Gong, Kristiene 

Sent: Monday, September 21, 2015 4:13 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/21/2015 


Bloomberg (via Australian Financial Review): 


://www.aff.com/news/world/volkswagen-faces-us-criminal-probe-on-emissions-20150921 



Volkswagen faces US criminal probe on emissions 


The US Justice Department is conducting a criminal investigation of Volkswagen's admission to 
cheating on federal air pollution tests, according to two US officials familiar with the inquiry. 


Volkswagen said last week it's cooperating with regulators probing gaps between emissions on 
the road and lab tests on some diesel models, affecting more than half a million cars. The US 
officials described the inquiry on condition of anonymity because it's a continuing investigation. 


The Wolfsburg, Germany-based automaker plunged as much as 23 per cent Monday to 125.40 
euros in Frankfurt, wiping out about 15.6 billion euros (SUS17.6 billion) in market value. The 
stock closed at 132.2 euros, its lowest in more than three years. 


Volkswagen's admission is putting pressure on Chief Executive Officer Martin Winterkom to 
repair the reputation of the world's biggest carmaker. Winterkom, whose contract renewal is 
scheduled for a supervisory board vote on Friday, now faces a serious challenge to his 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025506 



leadership, said Arndt Ellinghorst, a London-based analyst for Evercore ISI. 


"This latest saga may help catalyze further management changes at VW," Ellinghorst wrote in a 
note Monday. 


Justice Department spokesman Wyn Hombuckle declined to comment. 


Criminal inquiries can take months or years and lead to charges against individuals and 
companies. They can also result in fines and deferred-prosecution agreements, such as the one 
recently stmck with General Motors Co., to spur companies into improving their behaviour and 
addressing problems revealed during the investigations. 


Volkswagen admitted on September 18 to fitting some of its US diesel vehicles with software 
that turns on full pollution controls only when the car is undergoing official emissions testing, 
the Environmental Protection Agency said Friday. Affected are diesel versions of the VW Jetta, 
Golf, Beetle and Passat and the Audi A3. 


During normal driving, the cars with the software — known as a "defeat device" — would pollute 
10 times to 40 times the legal limits, the EPA estimated. The discrepancy emerged after the 
International Council on Clean Transportation commissioned real-world emissions tests of diesel 
vehicles including a Jetta and Passat, then compared them to lab results. 


VW said it's cooperating with regulators probing gaps between emissions on the road and lab 
tests on some diesel models. According to the EPA, the company insisted for a year that 
discrepancies were mere technical glitches. 


Winterkom, who has led VW since 2007, was forced to halt sales of the cars on Sunday and 
issue a public apology, saying he's "deeply sorry" for breaking the public's trust and that VW 
would do "everything necessary in order to reverse the damage this has caused." 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025507 



The violations could result in as much as $US18 billion in fines, based on the cost per violation 
and the number of cars. 


The US accusations are "grave" and must be clarified swiftly, said Stephan Weil, prime minister 
of the German state of Lower Saxony, which owns 20 percent of Volkswagen's voting shares. 
"Possible consequences can be decided after that." 


The European Commission also said it's taking VW's cheating seriously and is in contact with 
US regulators and the company about details of the case. 


The Guardian: 


http://www.theguardian.com/busiiiess/2015/sep/21/volkswagen-emissions-scaiidafsends-shares- 

in-global-carmakers-reeling 


Volkswagen emissions scandal could snare other companies, whistleblower claims 

Billions wiped off value of industry heavyweights amid concerns that manipulation of air 
pollution data could be ‘very widespread’ 

Joanna Walters Graham Ruddick and Sean Farrell 


The emissions-fixing scandal that has engulfed Volkswagen in the US could extend to other 
companies and countries, one of the officials involved in uncovering the alleged behavior told 
the Guardian on Monday. 


Billions of pounds have been wiped off the value of global carmakers amid growing concerns 
that emissions tests may have been rigged across the industry. 


“We need to ask the question, is this happening in other countries and is this happening at other 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025508 



manufacturers? Some part of our reaction is not even understanding what has happened exactly,” 
said John German, one of the two co-leads on the US team of the International Council for Clean 
Transportation (ICCT), the European-based NGO that raised the alarm. 


Shares in Volkswagen fell by almost a fifth after the world’s second biggest carmaker issued a 
public apology in response to US allegations that it used a “defeat device” to falsify emissions 
data. 


The US Justice Department is conducting a criminal investigation of Volkswagen admission, 
according to Bloomberg, which cited two officials familiar with the inquiry. 


The company could face a fine of up to $18bn (£11.6bn), criminal charges for its executives, and 
legal action from customer and shareholders. The US law firm Hagens Berman has already 
launched a class-action law suit on behalf of customers who bought the affected cars. 


VW shares fell by 19% in Frankfurt, wiping almost €15bn (£10.8bn) off its value. Shares in 
Renault, Volkswagen’s French rival, also dropped by 4%, while Peugeot was down 2.5%, Nissan 
2.5% and BMW 1.5% amid concerns they could be caught up in investigations. 


The US Environmental Protection Agency said on Friday that VW had installed illegal software 
to cheat emission tests, allowing its diesel cars to produce up to 40 times more pollution than 
allowed. The US government ordered VW to recall 482,000 VW and Audi cars produced since 


2009. 


In response, Martin Winterkom, chief executive of VW, said on Sunday he was “deeply sorry” 
for breaking the tmst of the public and ordered an external investigation. 


German tipped off regulators at the California Air Resources Board (Carb) and the US 
Environmental Protection Agency (EPA) after conducting tests that showed major discrepancies 
in the amount of toxic emissions some VW cars were pumping out compared with the legal 
limits. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025509 



Max Warburton, an analyst at the financial research group Bernstein, said: “There is no way to 
put an optimistic spin on this - this is really serious.” 


A British expert in low-emission vehicles claimed the manipulation of air pollution data could be 
“very widespread” and that tests in Europe are “much more open to this sort of abuse”. 


Greg Archer, a former government adviser and head of clean vehicles at the respected Transport 
& Environment thinktank, said: “I am not surprised. There has been a lot of anecdotal evidence 
about carmakers using these ‘defeat devices’. All credit to the US’s EPA for investigating and 
finding the tmth.” 


Archer, the former managing director of the UK’s Low Carbon Vehicle Partnership and non¬ 
executive director for the government’s Renewable Fuels Agency, said the scandal could spread 
into petrol cars and C02 levels. “It is probably not limited to diesel and not limited to 
emissions,” he added. 


The “defeat devices” are thought to work by injecting more urea - an exhaust fluid - into the car 
when it is being tested. This limits nitrogen oxide emissions. The car detects it is being tested 
because devices such as the anti-collision systems have to be turned off when it is in the 
laboratory. The extra urea is not injected into the car when it is on the road because it would 
quickly ran out. 


Archer claims European tests are more open to abuse because they are conducted before the car 
goes into mass production and by companies that have been paid by the carmakers. These testing 
companies have been verified by regulators in each country, such as the Vehicle Certification 
Agency, but in the US the tests are conducted by an independent body. 


Industry leaders in Britain claimed there was “no evidence” that manufacturers are cheating the 
system in Europe but admitted it needs to be reformed. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025510 



Mike Hawes, chief executive of the Society of Motor Manufacturers and Traders, the industry 
trade body, said: “The EU operates a fundamentally different system to the US - with all 
European tests performed in strict conditions as required by EU law and witnessed by a 
government-appointed independent approval agency. There is no evidence that manufacturers 
cheat the cycle. 


“The industry acknowledges, however, that the current test method is outdated and is seeking 
agreement from the European Commission for a new emissions test that embraces new testing 
technologies and is more representative of on-road conditions.” 


The US allegations involve a series of diesel cars produced by VW and the brands it owns, such 
as Audi. These include the Audi A3, VW Jetta, Beetle, Golf and Passat models. VW has halted 
sales of these models. 


Jochen Flasbarth, a senior environment official in the German government, accused Volkswagen 
of “blatant consumer deception” over the scandal. The country’s economy minister, Sigmar 
Gabriel, also warned it could damage the reputation of the country’s vital automotive industry. 


“That this is a bad case, I think is clear,” Gabriel said. “You will understand that we are worried 
that the justifiably excellent reputation of the German car industry and in particular that of 
Volkswagen suffers.” The German government has launched its own investigation into VW and 
held talks with executives. 


The scandal puts the future of Volkswagen chief Winterkom in serious doubt. Earlier this year 
he won an internal power stmggle with Ferdinand Piech, who stepped down as chairman. The 
board of the company is due to meet on Friday to discuss extending Winterkom’s contract. 


Winterkom has been at the helm of VW since 2007 and has been directly responsible for 
research and development since then. 


Guido Reinking, a German automotive analyst, told German television station n-tv: “It’s almost 
impossible to imagine that he didn’t know about this special way of programming the engine.” 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025511 



David Bailey, professor of industrial strategy at Aston University in Birmingham, said: “If it is 
the case that they have been trying to hoodwink regulators, it’s a really dumb thing to do. 
Regulators will look at this more closely now. There has been growing concern about diesel cars 
and nitrous oxide emissions. The industry has been trying to make the case that the latest 
regulations largely deal with that issue but regulators will now look more closely at whether they 
have.” 


In the wake of the scandal two senior VW executives cancelled a planned appearance at a media 
event in New York with rock star Lenny Kravitz scheduled for Monday evening. 


Herbert Diess, chairman of the VW brand’s management board, and Heinz-Jakob Neusser, VW’s 
board member in charge of technical development, had planned to attend the event to introduce 
the latest version of the Passat mid-size sedan. 

The chief executive of VW’s US aim, Michael Horn, was still due to attend the event. He is 
expected to provide a statement about the situation. 


Jalopnik: 


att p://j alopnik.com/volkswagen-is-now-the-target-of-a-criminal-investigatio-1732130214 


Volkswagen Is Now The Target Of A Criminal Investigation: Report 

Michael Ballaban 


In a move that seemed like an inevitability at this point, the United States Department of Justice 
is said to have opened a criminal investigation into Volkswagen’s admission to cheating on 
diesel emissions tests, a report from Bloomberg said. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025512 



While we had heard rumblings of a possible criminal probe earlier, this news appears to confirm 
that VW is in fact the subject of an investigation that could lead to prosecutions. 


It’s way too early to tell whether or not any individuals will personally be held criminally liable 
for the company’s deceptions, but it’s not out of the realm of possibility. We haven’t seen a case 
in a long time where a company has admitted intentionally circumventing the law, rather than 
just a plea of massive institutional incompetence, so it’s anyone’s guess as to what will happen. 


The U.S. Environmental Protection Agency has said that the company can be held responsible 
for up to $18 billion in fines. 


From: Gong, Kristiene 

Sent: Monday, September 21, 2015 4:02 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/21/2015 


Business Insider: 

http://www.busiiiessinsider.com/the-us-govemment-is-launching-a-criminal-ii.ivestigation-into- 
vws-falsified-emissions-figures-2015-9 


The US government is launching a criminal investigation into VW's falsified emissions 
figures 

Benjamin Zhang 


The US Department of Justice has launched a criminal probe into Volkswagen's falsification of 
emissions data, Bloomberg news is reporting. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025513 



Last week, the Environmental Protection Agency accused the automaker of falsifying the data 
using secret software in nearly 500,000 cars. 


According to Bloomberg's Del Quentin Wilber, two government officials close to the situation 
say the Justice Department is conducting a criminal investigation into the allegations. 


Last week, the EPA accused VW of using the hidden software — called a "defeat device" — to 
dodge clean-air standard during emissions testing. 


"Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health," assistant administrator for the Office of Enforcement and Compliance Assurance 
Cynthia Giles said in a statement on Friday. 


“Working closely with the California Air Resources Board, EPA is committed to making sure 
that all automakers play by the same mles. EPA will continue to investigate these very serious 
matters.” 


The EPA alleges that VW installed software that detects when the car is undergoing emissions 
testing, at which point the software would turn on all of the car's emissions control systems. But 
the EPA claims that the software greatly reduces the cars' pollution-control systems during 
normal driving conditions. 


"This results in cars that meet emissions standards in the laboratory or testing station, but during 
normal operation, emit nitrogen oxides, or NOx, at up to 40 times the standard," the EPA said in 
a statement. 


Across the Atlantic, the German government is also taking a look at Volkswagen's emissions 
data. A spokesperson for the country's Motor Vehicle Agency told the Wall Street Journal that is 
has asked automakers to provide accurate emissions information to "determine whether similar 
instances of manipulation have taken place in Germany or Europe," However, there is no word 
of any official investigation on the part of the German government. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025514 



Over the weekend, VW CEO Martin Winterkom issued the following statement: 


The U.S. Environmental Protection Agency and the California Air Resources Board (EPA and 
CARB) revealed their findings that while testing diesel cars of the Volkswagen Group they have 
detected manipulations that violate American environmental standards. 


The Board of Management at Volkswagen AG takes these findings very seriously. I personally 
am deeply sorry that we have broken the tmst of our customers and the public. We will 
cooperate fully with the responsible agencies, with transparency and urgency, to clearly, openly, 
and completely establish all of the facts of this case. Volkswagen has ordered an external 
investigation of this matter. 


The recall affects 482,000 diesel-powered cars sold in the US since 2008. They include: 

Volkswagen Jetta TDI: 2009-20015 
Volkswagen Beetle TDI: 2009-2015 
Audi A3 TDI: 2009-2015 
Volkswagen Golf TDI: 2009-2015 
Volkswagen Passat TDI: 2014-2015 

We have reached out to Volkswagen and the DOJ for comment. We will update when when we 
hear back. 


Fortune: 


http://fortime.eom/2015/09/21/volkswagen-emissions-recall-scandal/ 


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Dear Volkswagen: Exaggeration? Not so bad. Deception? Never okay 

by Jennifer Reingold @jennrein SEPTEMBER 21, 2015, 3:44 PM EDT 


One wonders what would have happened had Volkswagen opted for exaggerating its results 
rather than falsifying them. 


The business world—and the journalists who cover it—have always rewarded a healthy bit of 
hype. Best Ever! New and Improved! Now with enhanced whatevers! 


Actually, the love of the big claim goes far beyond the business world and is interwoven 
throughout society. Donald Taimp’s current popularity is only the latest example of bombast, er, 
trumping reality. 


But we do have limits, as the scandal at Volkswagen shows. So far, the company’s stock price 
has fallen almost 20% since it admitted on September 18 that it had installed software that 
allowed its cars to fake their performance on emissions testing in order to fool the EPA. 


No one knows what will happen to the $221 billion in sales car company—the world’s 
largest—going forward, and whether the deception stretches all the way to the CEO, Martin 
Winterkom. But one wonders what would have happened had the company opted for 
exaggerating its results rather than falsifying them. 


Don’t get me wrong: I’m not advocating that any performance standards—particularly those that 
affect safety and health—should ever be presented with anything but the full truth. But this move 
was so brazen, so breathtakingly full of chutzpah, that it is hard to imagine VW’s brand 
recovering for a very, very long time; nor, one imagines, will its culture. 


The plot goes far beyond one or two people hiding out in a cubicle and must have involved 
hundreds of people building such a system and making sure it was implemented inside of 


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428,000 cars. One wonders what the company might have been able to accomplish instead if it 
put all that brainpower toward meeting emissions requirements rather than circumventing them. 


Consider the alternative: VW tried—and failed—to meet the EPA’s emissions standards, after 
saying that they believed they had diesel engines that did the job. The EPA (which, it’s worth 
noting, relies primarily on self-tested data) would have—hopefully—tested its engines, found 
Volkswagen deficient, and fined the company. It would have been costly, yes, but it wouldn’t 
have been all that surprising. And VW’s credibility wouldn’t have been destroyed in the process. 
After all, exaggeration, for better or worse, is just how the game is played. 


MarketWatch: 


http://www.marketwatch.com/story/white-house-quite-concemed-about-volkswagen-emissions- 
charges-2015-09-21 


White House ‘quite concerned’ about Volkswagen emissions charges 

‘Quite concerned’: How White House press secretary Josh Earnest characterized Obama 
administration reaction to the allegations against Volkswagen. 

By ROBERT SCHROEDER 


The Obama administration is “quite concerned” over allegations that Volkswagen cheated on 
U.S. emissions tests, a White House spokesman said Monday, but added it is up to the 
Environmental Protection Agency to investigate the matter. 


“I think it’s fair to say that we’re quite concerned by some of the reports that we’ve seen about 
the conduct of this particular company,” spokesman Josh Earnest told reporters at a regular 
briefing. 


On Friday, the Environmental Protection Agency and the California Air Resources Board alleged 
that Volkswagen VLKAY, -17.38% V0W3, -18.19% used software in cars to make diesel- 


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powered engines appear to have lower levels of emissions than they actually did. The company 
halted U.S. sales of some diesel-powered cars. 


Earnest said it is ultimately the responsibility of the EPA to look at the issue, “and that’s exactly 
what they’re doing.” 


Reaction from Congress was minimal — though that could change. 


“VW should expect scrutiny from Congress, legal problems, a potential multibillion-dollar fine 
and a batch of uncomfortable headlines,” wrote Forbes contributor Micheline Maynard on 
Monday. 


“If Volkswagen willfully sought to evade the Clean Air Act and fraudulently sold cars to 
millions of consumers with this technology, EPA should pursue the most severe action possible 
to deter others from doing the same,” Rep. Frank Pallone, a New Jersey Democrat, said on 
Friday. 


“We must ensure that this does not happen again and that consumers can trust the products that 
they buy,” said Pallone, the top Democrat on the House Energy and Commerce Committee. The 
panel’s oversight and investigations subcommittee held one of the several hearings into the 
General Motors GM, +0.43% ignition-switch recall in April 2014. 


The allegations reportedly include Volkswagen Passats made at the company’s Chattanooga, 
Tenn., facility in 2014 and 2015. A Volkswagen spokesperson did not immediately return a 
request for comment. 


MarketWatch reached out to members of Tennessee’s congressional delegation, but none offered 
any comment. 


The 1,400-acre Chattanooga plant has more than 3,200 Volkswagen employees, the company 


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says. 


From: Gong, Kristiene 

Sent: Monday, September 21, 2015 3:39 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/21/2015 


Vox: 


http://www.vox.eom/2015/9/21/9365667/volkswagen-clean-diesel-recall-passenger-cars 


Volkswagen's appalling clean diesel scandal, explained 

Brad Plumer 


It sounds like the sinister plot of some straight-to-DVD movie. Since 2009, Volkswagen had 
been installing elaborate software in 482,000 "clean diesel" vehicles sold in the US, so that the 
cars' pollution controls only worked when being tested by regulators. The rest of the time, the 
vehicles could freely spew hazardous, smog-forming nitrogen oxides. 


Suffice to say, regulators were livid once they caught on. On Friday, the Environmental 
Protection Agency announced that Volkswagen had very flagrantly violated the Clean Air Act. 
Not only did the EPA order the German company to fix the affected vehicles,** but the agency 
has the authority to levy fines as high as $37,500 per car, a maximum of $18 billion. (To put that 
in perspective, the company's pretax net income was about $4.7 billion last year.) The US 
government is also mulling criminal charges. 


Volkswagen, in other words, is in deep shit. The company's CEO, Martin Winterkom, is now 
apologizing profusely and pledging an external probe to find out what happened. VW just halted 
US sales of its 2015 and 2016 clean diesel vehicles, including Passat, Jetta, Golf, and Beetle 
models. Meanwhile, VW's stock price plummeted on Monday morning, the company losing 
nearly one-fifth its market cap in a blink: 


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This scandal raises a few larger questions, though: Why did Volkswagen cheat in the first place? 
And why was it so easy for the company to evade regulators for years? To get a better handle on 
the story, we need to take a brief trip through the tangled history of clean diesel vehicles — the 
specific cars that VW was selling. 


Clean diesel cars were supposed to offer great mileage and low pollution — a tricky task 


One basic fact to understand here is that there are two main types of combustion engines widely 
available today: diesel and gasoline. And there are real trade-offs to each. 


Diesel engines have long been popular in Europe, and one of their major advantages is fuel 
economy. Diesel fuel contains more energy per gallon than gasoline, and the diesel engines 
themselves are more efficient. Put it together, and the typical diesel car can travel up to 30 
percent farther on a gallon of fuel than its gasoline counterpart. 


But there's a catch. While diesel cars get better mileage and emit fewer carbon-dioxide 
emissions, they also emit more nitrogen oxides (NOx), which help form smog, and particulate 
matter, which can damage lungs. Both types of pollution can have serious health effects. 


Historically, Europe has dealt with this trade-off by imposing looser emissions standards on 
diesel cars in order to pursue higher fuel economy. That's one reason European cities like Athens 
have a serious smog problem. In the United States, by contrast, we've imposed much stricter 
rules around smog and other conventional pollutants since the 1970s, one reason diesel cars 
haven't caught on as widely here. (Heavy taicks favor diesel engines, though.) 


In recent years, however, things have shifted. The Obama administration has been ratcheting up 
fuel-economy standards in the United States, which puts a higher premium on mileage. At the 
same time, diesel technology has gradually been getting cleaner through a combination of lower- 
sulfur fuel, advanced engines, and new emission-control technology. So automakers have shown 
a renewed interest in "clean diesel" cars that, in theory, don't suffer from that trade-off between 
performance and pollution. 


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These vehicles have proved popular in the United States. Since 2009, Volkswagen has sold more 
than 482,000 clean diesel cars containing a four-cylinder turbocharged direct injection engine. 
This included versions of the Passat, Jetta, Golf, Beetle, and Audi's A3. Drivers liked them. 


Except, as it turns out, VW was lying about its clean diesel cars. 


Volkswagen couldn't balance performance with low pollution. So it cheated. 


Since 2009, we now know, Volkswagen had been inserting intricate code in its vehicle software 
that tracked steering and pedal movements. When those movements suggested that the car was 
being tested by regulators in the laboratory for nitrogen-oxide emissions, the car automatically 
turned its pollution controls on. The rest of the time, the pollution controls switched off. 


Regulators didn't notice this ruse for years. The problem was only uncovered by an independent 
group, the International Council on Clean Transportation, which wanted to investigate why there 
was such a discrepancy between laboratory tests and real-road performance for several of VW's 
diesel cars in Europe. So they worked with researchers at West Virginia University, who stuck a 
probe up the exhaust pipe of VW's clean diesel cars and drove them from San Diego to Seattle. 
(These details come from Dana Hull and Jeff Plungis' excellent Bloomberg tick-tock.) 


What the researchers found was jaw-dropping. On the road, VW's Jetta was emitting 15 to 35 
times as much nitrogen oxide as the allowable standard. The VW Passat was emitting 5 to 20 
times as much. These cars were emitting much more pollution than they had in the labs. 


Both California's air-pollution regulator and the EPA ordered Volkswagen to investigate and fix 
the problem in May 2014, and the company said it had worked on a software patch. Once again, 
the cars performed well in testing. And once again, real-world performance didn't match up. At 
that point, regulators started grilling Volkswagen's engineers about the discrepancy, and the 
company eventually cracked, admitting the existence of these defeat devices, which had been 
carefully hidden in the software code. Hence the scandal. 


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Volkswagen hasn't explained exactly why it cheated, but outside analysts have a pretty good 
guess. The NOx emission controls likely degraded the cars' performance when they were 
switched on — the engines ran hotter, wore out more quickly, and got worse mileage. Some 
experts have suggested that the emission controls may have affected the cars' torque and 
acceleration, making them less fun to drive. (Indeed, some individual car owners have been 
known to disable their cars' emission controls to boost performance, though this is against the 
law.) 


In other words, Volkswagen wasn't able to produce diesel cars that had the ideal mix of 
performance, fuel economy, and low pollution. (Or, at least, they couldn't do this profitably.) So 
they "solved" this trade-off by sacrificing cleanliness and loosening the emission controls. And 
they accomplished this via software designed to deceive regulators. This was wildly illegal, and 
they got caught. 


The VW scandal exposes problems with current emission tests 


Volkswagen isn't the first company to cheat on its emission tests. As Frank O'Donnell of Clean 
Air Watch pointed out to me, the EPA caught a number of truck manufacturers, including 
Caterpillar and Volvo, doing something similar back in 1998 — programming their diesel trucks 
to emit fewer pollutants in lab tests than they did on the road. (The trucks would slowly emit 
more and more NOx as they traveled longer distances at constant speed, something that labs 
couldn't catch.) 


Part of the problem here is that regulators tend to test these vehicles in laboratory conditions, 
which are fairly predictable and hence easier to game. Combined with the fact that automakers 
are developing ever-more-elaborate software that can control and fine-tune engines, and there 
are ample opportunities for fraud. 


EUROPEAN REGULATORS WILL SOON START REQUIRING ON-ROAD EMISSIONS 
TESTING 


In theory, there are ways to make cheating harder. Starting with model year 2017 vehicles, 


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European regulators are going to start requiring automakers to test their passenger cars on the 
road in addition to laboratory testing. That sort of regime would've made it harder for 
Volkswagen to do what it did. But it's also unlikely that this is the last time we'll see an 
automaker come up with a fiendishly clever way to cheat. 


Meanwhile, the VW scandal raises another issue surrounding car regulations, as Alex Davies 
explains at Wired. Modem-day cars feature complex computer systems and software. And, right 
now, this software is protected under the 1998 Digital Millennium Copyright Act — it's illegal to 
fiddle with it. The ostensible rationale is to make it harder for consumers to tamper with 
emissions controls. But these protections also make it harder for independent researchers to 
scmtinize that code and identify problems like VW's little emissions trick. Some experts have 
proposed DMCA exemptions to allow researchers to test and evaluate these engines, but so far 
automakers and the EPA have resisted this. Presumably, if those exemptions had existed, 
Volkswagen might've been caught sooner. 


Volkswagen is now facing serious consequences 


At this point, Volkswagen has been caught red-handed and has to face the consequences. The 
company straight-up lied about its cars and exacerbated the country's air-pollution problem. 
(Getting a precise estimate of the health consequences here could be difficult, since it depends on 
where the cars were located, how much extra smog actually resulted, and so forth.) 


In response, the company has pledged to stop selling 2015 and 2016 Volkswagen and Audi 
models equipped with clean diesel engines and will likely end up recalling the 482,000 cars now 
on the road to fix the software.** It's unclear how many customers will want to "fix" the 
problem, however, since, again, any patch might degrade gas mileage and/or performance. 


Meanwhile, Volkswagen could face criminal prosecution — not to mention billions of dollars in 
fines, potentially. The Clean Air Act allows a fine of $37,500 per noncompliant vehicle. If the 
EPA really wanted to lower the hammer, that would amount to $18 billion. Again, VW's pretax 
net income was about $4.7 billion last year, so that would be a crippling hit. Volkswagen is the 
world's biggest automaker by sales, but it's not quite as profitable as competitors like Toyota and 
has already staiggled to gain a foothold in the US market. This could be a huge deal for the 
company. 


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It also raises questions about the future of clean diesel vehicles. Clean diesel appears to be a 
promising technology — in theory, these vehicles could get both excellent mileage and low 
emissions. But this scandal raises serious questions about how well automakers can actually 
achieve both goals in practice. 


** For any concerned car owners, the models expected to be recalled include: The 2009-2015 
VW Beetle 2.0L TDI; 2009-2015 VW Golf 2.0L TDI; 2009-2015 VW Jetta 2.0L TDI; 2009- 
2015 Audi A3 2.0L TDI; and 2014-2015 VW Passat 2.0L TDI. 


Ledger Gazette: 


http://www.ledgergazette.com/epa-accuses-vw-of-cheating-on-emissions-tests/79148/ 


EPA accuses VW of cheating on emissions tests 

BY JORGE WEINER ON SEPTEMBER 21, 2015 BUSINESS 


VW halted sales of the models involved on Sunday and said it’s cooperating with the probe and 
ordered its own external investigation into the issue. 


“The charges here are truly appalling: that Volkswagen knowingly installed software that 
produced much higher smog-forming emissions from diesel vehicles in the real world than in pre¬ 
sale tests”, said Frank O’Donnell, president of Clean Air Watch, a Washington-based advocacy 
group. 


VW is to stop selling four cylinder diesel cars in the USA after the firm was found to have rigged 
emissions test on up to 500,000 vehicles, it has emerged. The reality is that Volkswagen will face 
huge fines, rumoured to be as high as 18 billion US dollars. 


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German competitors BMW AG and Daimler AG said on Monday they aren’t aware of a similar 
USA probe into their cars. 


Once on the road, the cars produced nitrogen oxide pollutants at up to 40 times the legal 
standard. 


The EPA and California authorities acted quickly after being told of the violation, German said. 


Volkswagen, which recently edged out Japan’s Toyota to become the world’s top-selling 
automaker, has had a hard year, its share price having fallen from more than 250 euros amid 
signs of faltering sales in the US and China. He said he was “deeply sorry” for the violation of 
United States rules. The models include Jetta, Beetle, Golf, Passat and Audi A3. 


Stefan Bratzel, director at the Center for Automotive Management, a research group, said the 
damage to VW’s image would be as great as the financial fines. 


“Our climate policy stands for itself and I think it’s internationally recognized that Germany is 
one of the drivers on the way to (the global climate summit in) Paris”, he said. The potential 
wonderful is $37,500 per vehicle and 482,000 autos are a part of the case, yielding a possible 
superb of greater than $18 billion, Giles stated on a telephone name with reporters Friday. 


The EPA in November 2014 hit South Korean auto makers Hyundai Motor Co. and Kia Motors 
Corp. with a record $100 million penalty for overstating fuel-economy claims and forced the 
companies to cough up another $200 million in regulatory credits. 


The cars allegedly do so with software that detects when the vehicle is undergoing emissions 
testing, and then turns full emissions controls on only during the test. When vehicles are being 
driven normally, the computer disables the emissions controls. 


According to the The New York Times, this latent software within numerous Volkswagen 


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vehicles switches on emissions control systems only during an inspection. The California Air 
Resources Board issued a similar letter. 


“Our goal is to ensure that the affected cars are brought into compliance, to dig more deeply into 
the extent and implications of Volkswagen’s efforts to cheat on clean air rules and to take 
appropriate further action”. 


The feature, which the EPA called a “defeat device”, masks the true emissions only during 
testing. 


From: Gong, Kristiene 

Sent: Monday, September 21, 2015 1:57 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/21/2015 


Washington Post: 


http://www.washingtonpost.com/business/economy/vw-shares-plunge-as-epa-accuses-automaker- 
of-cheating/2015/09/2 !/3c7b2f2e-607b-l Ie5~8e9e~dce8a2a2a679 story.html 


VW under fire amid EPA accusations it cheated on emissions tests 

By Thad Moore 


Volkswagen shares plunged Monday after U.S. regulators accused the German automaker of 
cheating on emissions tests, alleging that nearly 500,000 cars weren’t meeting federal standards. 


An apology Sunday from VW’s chief executive did nothing to temper anxious investors, who 


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wiped out nearly a fifth of the company’s value in a single day. VW’s stock closed the day 
Monday at 132.20 euros, down 19 percent. 


The selloff comes on the heels of Environmental Protection Agency allegations that the 
automaker had designed software to let its diesel cars detect when they were being tested for 
emissions. 


VW, one of the world’s largest automakers, has halted sales of some vehicles in the United 
States and pledged to cooperate with regulators. “We at Volkswagen will do everything that 
must be done in order to re-establish the trust that so many people have placed in us, and we will 
do everything necessary in order to reverse the damage this has caused,” Martin Winterkom, 
VW’s chief executive, said in a statement. 


In the lab, they met standards. On the road, regulators say, they emitted nitrous oxide at up to 40 
times federal standards. The software, known as a “defeat device,” was installed in some 
482,000 cars, spanning model years 2009 through 2015, regulators say. 


The EPA and California regulators began asking questions in May 2014 after West Virginia 
University researchers published a study that found lab results didn’t match up with road tests. 


For more than a year, VW told regulators that the difference owed to “various technical issues 
and unexpected in-use conditions,” the EPA said in a letter sent to the automaker Friday. But 
company officials didn’t admit to the practice until earlier this month when regulators threatened 
not to approve its 2016 line of diesel cars. 


The years-long practice could carry a hefty price tag for the automaker. The company could be 
fined $37,500 for each car it sold with a defeat device installed — a potential fine of $18 billion. 


“The company will have to recall nearly 500,000 affected cars, which will cost it millions of 
dollars, and that’s even before the damage to its brand and potential fines,” Michael Flewson, 
chief market analyst at CMC Markets, told the Associated Press. 


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The revelation also led Consumer Reports[consumerreports.org] to pull its recommendation of 
VW’s Jetta and Passat diesel model. (The magazine said it would reconsider its decision once the 
automaker introduces a fix to lower emissions.) 


For his part, Winterkom apologized Sunday, saying the company would cooperate “with 
transparency and urgency.” 


“I personally am deeply sorry that we have broken the tmst of our customers and the public,” he 
said in a statement. “We do not and will not tolerate violations of any kind of our internal rules 
or of the law.” 


From: Gong, Kristiene 

Sent: Monday, September 21, 2015 11:56 AM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/21/2015 


NY Times: 

htt p://www.nvtimes.com/2015/09/22/business/intemational/volkswagen-shares-recall.html 


Volkswagen Denied Deception to E.P.A. for Nearly a Year 

By JACK EWING SEPT. 21, 2015 


FRANKFURT — For nearly a year, Volkswagen officials told the Environmental Protection 
Agency that discrepancies between the formal air-quality tests on its diesel cars and the much 
higher pollution levels out on the road were the result of technical errors, not a deliberate attempt 
to deceive Washington officials. 


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But early this month, Volkswagen executives finally made a startling admission: The diesels it 
sold in the United States had software deliberately designed to cheat on the tests. 


The company was evidently concerned that actually meeting the federal emissions standards 
would degrade the power of the engines, which it marketed as comparable in performance to 
gasoline engines. Meeting the standard would also undercut the fuel efficiency that is one of the 
main selling points of diesels. 


The admission came only after the E.P.A. threatened to withhold approval for Volkswagen’s 
new 2016 models, according to letters sent to company officials by the E.P.A. and California 
regulators. 


Since news of that mass deception broke on Friday, Volkswagen has scrambled to conduct 
damage control, with its chief executive issuing an apology and the company saying it would not 
sell its 2015 and 2016 diesel cars in the United States. 


But that did not stop Volkswagen shares from plummeting when trading opened in Europe on 
Monday. And the apology has not relieved pressure on Martin Winterkom, the Volkswagen chief 
executive, whom analysts said would have tough questions to answer, seeking to know when he 
and other top executives at the company, which is ruled from the top with Germanic precision, 
were aware of the diesel deception. 


Adding to pressure on Volkswagen, the German government said on Monday that it would also 
begin an inquiry to make sure that Volkswagen and other carmakers are complying with laws on 
auto emissions. 


The E.P.A. disclosed the yearlong series of letters with Volkswagen as part of accusations it 
made against the company on Friday. The agency will require the company to recall nearly half- 
a-million vehicles equipped with 2-liter diesel engines dating to the 2009 model year. 
Volkswagen also faces fines that could run into the billions of dollars. 


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Volkswagen shares plunged about 20 percent on Monday, as investors registered alarm at the 
damage the company could suffer. 


Mr. Winterkom issued an apology on Sunday, saying the company had “broken the trust of our 
customers and the public.” 


But the sophistication of the software used to manipulate emissions tests in the United States, 
and extensive attempts by Volkswagen to deflect official scrutiny before admitting misconduct 
this month, are sure to raise questions about Mr. Winterkom’s effectiveness only months after he 
survived an internal power struggle. 


“Either he knew, or he didn’t know, which is even worse,” said Ferdinand Dudenhoffer, a 
professor at the University of Duisburg-Essen who is a longtime Volkswagen critic. “Any 
politician in his situation would have to resign.” 


Volkswagen’s supervisory board, which Mr. Winterkom reports to, will hold a regularly 
scheduled meeting on Friday, and it is certain to discuss the E.P.A. action. 


After being confronted last year with evidence that some diesel models did not comply with 
pollution standards under certain conditions, Volkswagen executives originally offered technical 
explanations, according to a letter of complaint sent to the company by the E.P.A. and the 
California Air Resources Board. 


It was only on Sept. 3, according to the letters, that executives at Volkswagen of America, the 
company’s United States unit, admitted that cars equipped with the 2-liter diesel motors 
contained the software. 


The software measured factors such as the position of the steering wheel, the vehicle’s speed and 
even barometric pressure to sense when the car was being subjected to testing, the E.P.A. said. 
The car then configured itself to reduce emissions of nitrogen oxide, a gas that is a major 
contributor to smog and is linked to an array of respiratory ailments including asthma, 
emphysema and bronchitis, the E.P.A. said on Friday. 


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Volkswagen is known for being a tightly controlled, autocratic organization, raising questions 
about how such a sophisticated system could have been installed in nearly half a million vehicles 
without knowledge of top management. 


The plunge in Volkswagen shares was a clear indication that investors believe that company 
profit and sales could suffer because of the E.P.A. accusations. However, Volkswagen is 
relatively immune to stock market pressure because only 12 percent of its voting shares are 
traded. Porsche Automobil Holding, controlled by members of the Porsche family, holds a slight 
majority. The state of Lower Saxony owns 20 percent and the sovereign wealth fund of Qatar 
owns 17 percent. 


Stephan Weil, the prime minister of Lower Saxony, where Volkswagen has its headquarters and 
major manufacturing operations, said in a statement on Monday, “Manipulation of an emissions 
test is completely unacceptable and without any justification.” 


But Mr. Weil said consequences could be discussed only after a thorough investigation of the 
circumstances. 


In Berlin, the government of Chancellor Angela Merkel said it would ask carmakers for 
information as the first step in an inquiry. 


“We expect reliable information from carmakers so that the Federal Office for Vehicles can 
check whether similar manipulation in the exhaust systems has taken place in Germany or 
Europe,” Andreas Kiibler, a spokesman for the Environment Ministry, told reporters in Berlin. 


The European Commission has contacted Volkswagen as well as the E.P.A. for details about the 
accusations, a commission spokeswoman said. 


“It is premature to comment on whether any specific immediate surveillance measures are also 


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necessary in Europe and whether vehicles sold by Volkswagen in Europe are also affected,” the 
spokeswoman said in an email. “We are taking the matter very seriously.” 


South Korea also planned to test Volkswagen cars to make sure they were in compliance with 
pollution ailes, according to news reports. 


More than half of all vehicles sold in Europe are diesels, which are popular because they 
typically offer better fuel economy than gasoline. European Union pollution rules were more 
favorable to diesels than United States rules, but they have been progressively tightened. The 
most recent standard, known as Euro 6, took effect for all new cars sold on Sept. 1. 


Technology exists to reduce the amount of nitrogen oxides emitted by diesels. But the 
technology also tends to reduce fuel economy as well as performance. The software installed by 
Volkswagen on vehicles sold in the United States avoided this trade-off, which could have come 
as a disappointment to American customers, by scaling back pollution controls when the car was 
not being tested. 


The accusations by the E.P.A. are a blow to Volkswagen’s efforts to build up its meager market 
share in the United States, in part by promoting “clean diesel” technology. 


The silver lining for Volkswagen, though, may be that its most profitable vehicles in the United 
States are Porsche and Audi cars not affected by the E.P.A. action. The cars affected are 
Volkswagen Golf, Jetta, Beetle and Passat models from 2009 through 2015 that are equipped 
with 2-liter diesel engines. 


Another silver lining for Volkswagen may be that diesel powered cars account for only a tiny 
fraction of sales in China, which is the company’s largest market. 


Among Audi models, only the compact A3 is affected in the United States. The A3 accounted for 
less than a fifth of the 111,000 vehicles that Audi sold in the United States from January through 
August, and only a fraction of those A3s would have been equipped with diesels. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025532 



The E.P.A. said on Friday that Volkswagen would be required to recall the affected vehicles for 
repairs to make them compliant with smog regulations. Car owners would not have to pay for the 
repairs. Many owners may not bother, though, because the changes are likely to reduce fuel 
consumption and performance. 


John Schilling, a Volkswagen spokesman, said on Sunday that the company would stop selling 
2015 and 2016 Volkswagen and Audi models equipped with the 2-liter diesel engines, which the 
company had marketed as “clean diesel.” The company will also stop selling used cars that have 
the engines, Mr. Schilling said. 


He said he did not know how many models would be stuck on dealer lots as a result of the 
decision. This month, Volkswagen had said that 23 percent of new cars sold in August in the 
United States were diesels, or 7,400 vehicles. Some diesels, such as those used in Volkswagen 
S.U.V.s, are not affected by the E.P.A. action. 


From: Gong, Kristiene 

Sent: Monday, September 21, 2015 10:54 AM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/21/2015 


AP (via US News & World Report) 

htt p://www.usnews.eom/news/business/articles/2015/09/21/vw-stock-crashes-after-admitting-it- 

rigged-us-emission-tests 

-4.-, - 


Faulty Tests Cost VW Billions 

By FRANK JORDANS and PAN PYLAS, Associated Press 


BERLIN (AP) 


Around 15 billion euros ($16.9 billion) was wiped off the market value of 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025533 



Volkswagen AG on Monday following revelations that the German carmaker rigged U.S. 
emissions tests for about 500,000 diesel cars. 


By midday trading in Frankfurt, Volkswagen's share price was 19.3 percent lower at a three-year 
low of 130.20 euros. Its dramatic fall weighed heavily on Germany's main stock index, the DAX, 
which underperformed its peers in Europe with a 0.6 percent decline. 


Volkswagen's market woes Monday follow a weekend that saw the company's reputation for 
probity seriously damaged by revelations from the Environmental Protection Agency in the U.S. 
that it had skirted clean air mles. All told, the EPA indicated that VW faces fines that could run 
up to more than $18 billion. 


The EPA said VW used a device programmed to detect when the cars are undergoing official 
emissions testing. The software device then turns off the emissions controls during normal 
driving situations, allowing the cars to emit more than the legal limit of pollutants. 


Volkswagen marketed the diesel-powered cars, which account for about 25 percent of sales, as 
being better for the environment. The cars, built in the last seven years, include the Audi A3, 
VW Jetta, Beetle, Golf and Passat models. 


"The company will have to recall nearly 500,000 affected cars, which will cost it millions of 
dollars, and that's even before the damage to its brand and potential fines," said Michael Hewson, 
chief market analyst at CMC Markets. 


The agency has ordered VW to fix the cars at its own expense but said car owners do not need to 
take any immediate action. The EPA insisted that the violations do not pose any safety hazard 
and said the cars remain legal to drive and sell while Volkswagen comes up with a plan to recall 
and repair them. However, it said the cars posed a threat to public health. 


The EPA also indicated the scale of the fines that could be imposed on VW. It said the carmaker 
could be hit up to $37,500 per vehicle for the violations — a total of more than $18 billion. The 
California Air Resources Board is also investigating. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025534 



Volkswagen has had a difficult year, its share price having fallen from over 250 euros amid signs 
of faltering sales in the U.S. and China. 


VW edged out Toyota to become the world's top-selling automaker the first half of 2015. But a 
hit to its reputation from the emissions revelations could hamper its efforts at a sales rebound in 
the U.S. 


If other regulatory authorities decide VW has a case to answer, then the carmaker faces the 
potential for even bigger fines. 


"The news so far revolves around the U.S. impact, but if European investigators become 
interested the potential penalties could multiply very quickly," said Chris Beauchamp, senior 
market analyst at IG. 


Washington Examiner: 


http://www.washingtonexaminer.com/volkswagen-sorrv-promises-probe-on-epa- 
vi ol ati on s/arti c 1 e/2572497 


Volkswagen 'sorry,' promises probe on EPA violations 

By DANIEL CHAITIN (@DANIELCHAITIN7) • 9/20/15 3:23 PM 


Volkswagen apologized Sunday following allegations by the Environmental Protection Agency 
and the state of California that hundreds of thousands of diesel cars made by the German 
automaker are breaking emissions laws in the United States. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025535 



"The Board of Management at Volkswagen AG takes these findings very seriously," wrote 
Martin Winterkom, CEO of Volkswagen. "I personally am deeply sorry that we have broken the 
trust of our customers and the public. We will cooperate fully with the responsible agencies, with 
transparency and urgency, to clearly, openly, and completely establish all of the facts of this 
case. Volkswagen has ordered an external investigation of this matter." 


On Friday, the EPA and California charged Volkswagen with willfully installing software in its 
4-cylinder diesel cars that would allow cars to bypass emission standards. The cars cited for 
violations include signature Volkswagen cars manufactured between 2009 and 2015, including 
the Jetta, Passat, Beetle and Golf, as well as the A3 from Audi, Volkswagen's luxury line. 


All together, about 482,000 diesel passenger cars sold in the United States since 2008 are 
included in the allegations. 


The statement promises that Volkswagen will "re-establish trust" it may have lost and that the 
company will reverse any damage done. 


"We do not and will not tolerate violations of any kind of our internal rules or of the law," 
Winterkom added. 


The EPA issued a notice of violation to Volkswagen, while the state of California sent an In-Use 
Compliance letter. Both the EPA and the California Air Resources Board are conducting 
separate investigations into the alleged misbehavior. 


Recalls are likely, and the combined fines could add up to $18 billion if the result of the 
investigations support the allegations. 


The EPA alleges that the Volkswagen cars are fitted with software to trick emission testers, but 
that under normal operation emit nitrogen oxides at up to 40 times the standard. Under the Clean 
Air Act, such an instalment is classified as a "defeat device." 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025536 



"Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health," said Cynthia Giles, EPA assistant administrator for the Office of Enforcement and 
Compliance Assurance. "Working closely with the California Air Resources Board, EPA is 
committed to making sure that all automakers play by the same rules. EPA will continue to 
investigate these very serious matters." 


The Epoch Times: 

http://www.theepochtimes.com/n3/1755607-volkswagen-circumvents-epa-rule-its-not-the-first- 

time/ 


Volkswagen Skirts EPA Rules; It’s Not the First Time 

By Arleen Richards 


Volkswagen Group of America admitted to sidestepping clean air standards after the EPA and 
California’s clean air watchdog confronted the German automaker with evidence of high in-use 
emissions from light-duty diesels. 


On Friday, Sept. 18, the EPA slapped VW with a notice of violation for using sophisticated 
software to circumvent national emissions standards. The software, which the EPA calls a 
“defeat device,” is designed to implement frill emissions control systems when the car is 
undergoing state emissions testing. During normal driving, the emissions control is turned off, 
permitting the significantly harmful diesel fumes to be expelled—40 times more than allowed 
under the Clean Air Act. VW and the California Air Resources Board (CARB) have both 
initiated investigations. 


Volkswagen CEO Dr. Martin Winterkom, on Sunday, apologized for breaking the public’s trust 
and vowed to cooperate fully with agency investigations. 


He ordered an internal investigation, saying in a statement, “We do not and will not tolerate 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025537 



violations of any kind of our internal rules or of the law.” 


But this episode is not the first time the EPA or CARB has had run-ins with VW. In the past, 
both agencies charged VW with similar violations, which resulted in penalties. 


Defective Oxygen Sensors 

VW previously failed to report its discovery of emission defects in at least 329,000 of its 1999, 
2000, and 2001 Golf, Jetta, and New Beetle vehicles. 


In May 2001, after conducting a random test, the EPA identified a problem with tailpipe 
emissions in the 1999 model vehicles caused by a failed oxygen sensor. It turns out, VW knew 
about the problem for a year already—since it had received numerous warranty claims associated 
with cracked oxygen sensors—but failed to report it. According to the Clean Air Act, any 
emission-related defect found in 25 vehicles or engines of the same model year has to be 
reported within 15 days. 


VW spent $26 million in January 2002 to recall all the vehicles and replace or repair the part. 
Another estimated $660,000 was spent on an enhanced defect tracking system. 


The EPA finally settled its case with VW in 2005, penalizing the delinquent car maker $1.1 
million. 


The state of California has been working closely with the EPA in testing VW cars and issued a 
separate notice of violation to VW in the current case. 


California has been a leader in clean energy investments and set the stage in 2006 for 
transitioning to a sustainable, low-carbon future with the passage of AB 32, a law requiring 
sharp reduction in greenhouse gases. Since then, several legislative initiatives have been 
implemented to build the next generation of clean, fuel-efficient cars. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025538 



The CARB implements the state’s vehicle regulations through a vigorous certification process, 
as well as compliance and enforcement programs. It regularly tests vehicles to ensure compliance 
with air quality standards. 


In 2004, VW settled a case with CARB for $552,500 for selling cars in California that had not 
been properly certified. VW admitted to selling 84 new 2002 vehicles from several retail 
locations throughout the state, attributed to an error in its electronic ordering system. 


The EPA is expected to compel VW to issue a recall notice in order to remedy the current 
emissions problem, which could take up to a year after identifying the appropriate corrective 
action and a recall plan. 


Jalopnik: 

htt p://ialopnik.com/volkswagen-tells-dealers-to-halt-sales-of-pew-tdi-cars-1731923302 


Volkswagen Tells Dealers To Halt Sales Of New TDI Cars Amid Diesel Cheating Scandal 

Alanis King 


Following the government investigation of Volkswagen’s diesel emissions, The Detroit News 
reports the automaker ordered its U.S. dealerships to halt sales of new 2016 and remaining 2015 
TDI car models with 2.0-liter diesel engines. 


According to the Environmental Protection Agency and California Air Resources Board, VW 
dodged federal emissions requirements for some 482,000 of its diesel cars — including the 
Passat, Jetta, Golf, Beetle, SportWagens and Audi A3 — manufactured from 2009 to 2015. The 
models contain a “defeat device” which exists to detect when the car is under testing conditions, 
allowing for it to activate the full emissions-control systems only in those circumstances. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025539 



Ill other words, environmental officials say that the street cars are emitting between 10 and 40 
times the amount of allowable nitrogen oxide pollution, which is not only illegal but harm till to 
both the environment and public. 


The EPA is taking action on 2016 diesel models. Christopher Grundler, director of the EPA 
Office of Transportation of Air Quality, said that the government will not grant VW a 
“certificate of conformity” to sell the 2016 models with 2.0-liter diesel engines, meaning they 
cannot be sold. 


VW dealers have been waiting for the 2016 models to replenish showrooms. Most U.S. VW 
dealers don’t have any remaining 2015 diesel cars to sell. 


VW is barred from selling 2016 model vehicles with the 2.0 liter diesel engine until “they get 
answers to the questions of how these vehicles are being operated. Volkswagen couldn’t explain 
why we’re getting these excess emissions,” Grundler said. 


Meanwhile, whatever 2015 models remain on lots have also been ordered not to be sold. As 
Automotive News notes, four-cylinder TDI models account for 20 to 25 percent of VW’s U.S. 
sales, so this is going to hurt. 


In addition, VW has ordered an outside investigation to find out what happened and “reverse the 
damage this has caused,” CEO Martin Winterkom said in an apologetic statement. 


According to the EPA, the agency is now checking to see if other automakers are bypassing the 
laws on diesel engines as well. 


While no official recall is underway just yet, the News reports: 


EPA said VW violated federal law and, in theory, could face fines of up to $18 billion 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025540 



$37,500 per vehicle — as well as criminal prosecution. Both agencies issued notices of non- 
compliance to VW Friday, a step necessary before ordering a recall. 


The EPA will not take action to stop VW owners from driving their personal cars until a solution 
is made available, but VW did remove its “clean diesel” advertisements from YouTube and 
television. 


CBC News (Canada!: 

httD://www.cbc.ca/news/business/volkswaeen-emissions-riaeine-l.3236548 

-- 


Volkswagen shares plunge on emissions rigging scandal 

Consumer Reports suspends 'recommended' rating for Jetta and Passat diesels 

CBC News Posted: Sep 21, 2015 9:00 AM ET Last Updated: Sep 21, 2015 9:00 AM ET 


Volkswagen's CEO apologized but investors were not in a forgiving mood as the company's 
stock plunged almost 20 per cent Monday following revelations late last week that the automaker 
had rigged emissions tests for almost 500,000 diesel cars in the U.S. 


"I personally am deeply sorry that we have broken the trust of our customers and the public," 
Martin Winterkom said in a weekend statement. 


On Friday, the U.S. Environmental Protection Agency (EPA) revealed that half a million diesel- 
powered VWs had been programmed to bypass emission controls except during emissions tests. 
The cars include the Audi A3, VW Jetta, Beetle, Golf and Passat models made in the last seven 
years. 


The EPA ordered VW to fix the cars and VW said it would co-operate with regulators. But the 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025541 



damage to the automaker's image is nothing less than catastrophic. 


VW had marketed its diesel-powered cars as being better for the environment. The Associated 
Press reports, citing an anonymous source with knowledge of the matter, that VW has told 
dealers to stop selling its 2015 diesel cars with 2.0-litre engines. 


The EPA said the VW cars under investigation seemed to pass emissions tests, but in the real 
world, were actually emitting up to 40 times the national standard for nitrogen oxide, which is 
linked to asthma and lung illnesses. 


Consumer Reports announced it would remove its "recommended" rating from the Jetta and 
Passat diesels until it can retest the vehicles. 


VW could face fines of up to $18 billion US, according to the EPA. 


Volkswagen shares plunged 19.4 per cent in Monday trading in Germany, chopping $21 billion 
Cdn from the market value of the company. 


"The company will have to recall nearly 500,000 affected cars, which will cost it millions of 
dollars, and that's even before the damage to its brand and potential fines," said Michael Hewson, 
chief market analyst at CMC Markets. 


Diesel-powered models account for about a quarter of VW's sales. 


Impact in Canada unclear 


At this point, it isn't clear what the revelations mean for owners of VW diesels in Canada. 
Volkswagen Canada told CBC News on Friday that it first learned of the EPA action earlier that 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025542 



morning. It said it would co-operate with Environment Canada "to understand the implications 
for the Canadian market and what actions, if any, may be required in Canada." 


Environment Canada, for its part, said it was in talks with the EPA "to further examine this issue 
and assess potential implications for Canada." Environment Canada also said it collaborates on 
emissions verification activities with the U.S. EPA "to ensure our common environmental 
outcomes are achieved," and pointed out that its emissions standards are aligned with U.S. 
standards. 


The EPA and Environment Canada both stressed that the effectiveness of a vehicle's air pollutant 
control devices is not a safety issue. The cars remain legal to drive. 


From: Gong, Kristiene 

Sent: Monday, September 21, 2015 10:35 AM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/21/2015 


NY Times: 


htt p://www.nytimes.com/2015/09/21/business/intemational/volkswagen-chief-apologizes-for- 
breach-of-trust-after-recall.html? r=0 


Volkswagen to Stop Sales of Diesel Cars Involved in Recall 

By JACK EWING and CORAL DAVENPORTSEPT. 20, 2015 


FRANKFURT — Volkswagen said on Sunday that it would halt sales of cars in the United 
States equipped with the kind of diesel motors that had led regulators to accuse the German 
company of illegally installing software to evade standards for reducing smog. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025543 



John Schilling, a Volkswagen spokesman, said that the company would stop selling 2015 and 
2016 Volkswagen and Audi models equipped with 4-cylinder turbo diesel engines, which the 
company has marketed as “clean diesel.” The company will also stop selling used cars that have 
the engines, Mr. Schilling said. 


He said he did not know how many models would be stuck on dealer lots as a result of the 
decision. Earlier this month, Volkswagen had said that 23 percent of new cars sold in August in 
the United States were diesels, or 7,400 vehicles. 


The confirmation of the halt in sales came on the same day that Martin Winterkom, the chief 
executive of Volkswagen, apologized for conduct that prompted the Environmental Protection 
Agency to order Volkswagen to recall nearly half a million vehicles. 


An employee on the Audi A3 limousine. The recall involves four-cylinder Volkswagen and Audi 
vehicles from the model years 2009 to 2015. Credit Szilard Koszticsak/European Pressphoto 
Agency 

Volkswagen could face billions of dollars in fines for what the E.P.A. said was a deliberate 
attempt to evade mles on emissions. The decision to stop sales was first reported by The Wall 
Street Journal. 


“I personally am deeply sorry that we have broken the trust of our customers and the public,” 
Mr. Winterkom said in a statement. 


He said the company would “cooperate fully” with the authorities and order its own independent 
investigation into the accusations. 


In his statement, Mr. Winterkom did not contest assertions by the E.P.A. that Volkswagen sold 
cars equipped with software that could detect when periodic state government emissions testing 
was taking place. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025544 



Only during such tests are the cars’ full emissions control systems turned on. During normal 
driving situations, the controls were turned off, allowing the cars to spew as much as 40 times 
the pollution allowed under the Clean Air Act, the E.P.A. said. 


Diesel-driven cars have enjoyed something of a renaissance in recent years, shedding much of 
their old stigma for being dirty, clanky and sluggish to drive, said Karl Brauer, an analyst at 
Kelley Blue Book. And in the United States, he said, Volkswagen has clearly led the pack — 
offering diesel vehicles that performed just like their gasoline counterparts. 


“Now, we have to wonder if the technology really advanced as far as we thought at VW,” Mr. 
Brauer said. “They must have had a problem making it work in a way that delivered truly clean 
diesel. At least clean enough to meet the regulations.” 


Mr. Brauer said the higher nitrous oxide emissions probably allowed better drivability. Fuel 
economy also improves with more nitrous emissions, and engines can run cooler, and thus wear 
out more slowly. 


“They must have had a mix of performance, economy and durability that they liked, but realized 
they couldn’t achieve that and still get the emissions,” he said. 


Diesels in particular are known — and marketed — these days as having tremendous torque, or 
low-end thrust from a stop. If achieving the required emissions affected the torque, making it 
anemic, then “drivers are going to scratch their heads, thinking, isn’t this why I got a diesel?” 
Mr. Brauer said. 


Volkswagen was going through a difficult period even before the accusations became public on 
Friday. Mr. Winterkom recently survived a power struggle with the chairman of Volkswagen’s 
supervisory board, Ferdinand Piech, a scion of the Porsche family who dominated the company 
for more than two decades before resigning in April. 


Following Mr. Piech’s departure, some analysts have raised questions about whether Mr. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025545 



Winterkom would be strong enough to hold together the sprawling Volkswagen empire, which 
also includes Audi and Bentley luxury cars, Porsche and Lamborghini sports cars, Scania and 
MAN heavy trucks, and Ducati motorcycles. 


Although Volkswagen recently surpassed Toyota as the world’s biggest automaker measured by 
the number of cars sold, it is significantly less profitable than its Japanese rival and far weaker in 
the United States market. 


A push by Volkswagen to increase sales in the United States, which included building a factory 
in Chattanooga, Tenn., to produce Passat sedans, has fallen short. 


“For Volkswagen, it’s a huge scandal,” said Ferdinand Dudenhoffer, a professor at the 
University of Duisburg-Essen, who follows the automobile industry. “The timing is extremely 
unfortunate.” 


Professor Dudenhoffer said the case could damage all German automakers, which have tried to 
build acceptance in the United States for diesel engines, a sector in which they believe they have 
a technological lead. 


Until recently, Professor Dudenhoffer said, the United States applied stricter standards to diesel 
engines than those applied by European regulators. But the European authorities, concerned 
about the health effects of diesel pollution, have tightened standards, prompting complaints from 
the auto industry. 


Professor Dudenhoffer said that as a result of the E.P.A. action, Mr. Winterkom could come 
under pressure to resign. 


“Winterkom was already damaged,” Professor Dudenhoffer said. “Now there is an accusation of 
illegal behavior. This story is not over.” 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025546 



E.P.A. officials issued the car company a notice of violation and said it had admitted to the use 
of a so-called defeat device. 


The recall involves 4-cylinder Volkswagen and Audi vehicles from the model years 2009 to 
2015. 


The software was designed to conceal the cars’ emission of nitrogen oxide, a pollutant that 
contributes to the creation of ozone and smog, which are linked to a range of health problems, 
including asthma attacks, other respiratory diseases and premature death. 


Disengaging the pollution controls on a diesel-fueled car can yield better performance, including 
increased torque and acceleration. 


California has issued a separate notice of violation to the company. California, the E.P.A. and the 
Justice Department are working together on an investigation of the allegations. 


Over the next year, E.P.A. officials said, owners of the affected vehicles should expect to receive 
recall notices from Volkswagen, including information about how to get their cars repaired at no 
cost to them. The recall covers roughly 482,000 diesel passenger cars sold in the United States 
since 2009. 


Affected diesel models include the 2009-15 Volkswagen Jetta, 2009-15 Beetle, 2009-15 Golf, 
2014-15 Passat and 2009-15 Audi A3. 


The American investigation could ultimately result in fines or penalties for the company. Under 
the terms of the Clean Air Act, the Justice Department could impose fines of as much as $37,500 
for each recalled vehicle, for a possible total penalty of as much as $18 billion. 


The notice of violation came days after the company promoted plans at the Frankfurt 
International Motor Show to introduce 20 plug-in hybrid or all-electric vehicles by 2020 as part 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025547 



of a campaign to reduce vehicle emissions. 


Mr. Winterkom said in his statement on Sunday that Volkswagen would “do everything 
necessary in order to reverse the damage this has caused.” 


“This matter has first priority for me, personally,” he said, “and for our entire board of 
management.” 


Financial Times: 


htt p://www.ft.eom/intl/cms/s/0/c4f4745c-5f98-l le5-9846-de406ccb37f2.html#axzz3mNpq5JFM 


VW apologises for cheating US car exhaust emissions tests 

Andy Sharman in London 


The chief executive of Volkswagen has apologised and ordered an external investigation into 
findings that the carmaker cheated on US emissions tests to make its vehicles appear less 
polluting. 


In a statement on Sunday, Martin Winterkom, chief executive of the German carmaker, said the 
board of management took the findings “very seriously”. 


He added: “I personally am deeply sorry that we have broken the trust of our customers and the 
public. We will co-operate fully with the responsible agencies, with transparency and urgency, to 
clearly, openly and completely establish all of the facts of this case.” 


The Environmental Protection Agency on Friday said diesel variants of several VW and Audi 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025548 



models sold in the US over six years — including the VW Passat, Beetle and Audi A3 — had 
been fitted with sophisticated algorithms designed to deceive the laboratory testing regime. 


The authorities ordered VW to recall 482,000 cars because of the use of so-called defeat devices 
— which use software to detect when the car is being tested and runs treatments to reduce 
nitrogen oxides. Once out on the road, the cars were discovered to produce pollutants up to 40 
times the legal limits. 


The discovery leaves the German carmaker — which has admitted to using the defeat devices 
potentially facing billions of dollars in fines and warranty costs, possible criminal charges for 
executives and class-action lawsuits from US drivers. 


Mr Winterkom did not say who would be carrying out the external investigation, and the 
company declined to provide further details. 


It was Mr Winterkom’s first formal statement on an issue that also threatens to seriously 
undermine its attempts to tumround its sputtering performance in the US. 


Max Warburton, analyst at Bernstein Research, said: “The best case for VW is probably still a 
multibillion-dollar fine, pariah status in the US with government — and possibly consumers — 
[and] damage to its leading position in diesel in the US.” 


VW now has to initiate a process to fix the cars’ emissions systems, though the EPA has said the 
violations do not present a safety hazard and the vehicles remain legal to drive and resell. 
Owners of cars of models covering the 2009-2015 period do not need to take any action, the 
agency said. 


I personally am deeply sorry that we have broken the trust of our customers and the public. We 
will co-operate fully with the responsible agencies, with transparency and urgency, to clearly, 
openly, and completely establish all of the facts of this case 

- Martin Winterkom, VW chief 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025549 



In addition to the costs of the recall campaign, VW could theoretically also face fines of up to 
$37,500 per vehicle — a total of more than $18bn — though analysts have said VW is likely to 
face a much lower penalty. 


The case is a rare but not unique example of this type of manipulation by the motor industry. In 
1998, a group of truckmakers including Navistar, Renault and Volvo paid more than $lbn to 
resolve claims they installed defeat devices on heavy duty diesel engines. These devices allowed 
an engine to pass the emissions test, but then turn off emission controls when on the road, the 
EPA said at the time. 


The EPA has been active in the past year, securing a record $300m settlement with Hyundai and 
Kia over claims the Korean affiliates overstated the fuel economy of their cars. 


The Guardian: 


htt p://www.theguard.ian.eom/busiiiess/2015/sep/20/vw-software-scandahchiefapologises-for- 

breaking-public-trust 


VW software scandal: chief apologises for breaking public trust 

Martin Winterkom orders external investigation after US regulators found cars gave inaccurate 
data on toxic emissions 


Volkswagen has ordered an external investigation after US regulators found that the carmaker 
designed software for close to half a million diesel cars that gave false emissions data, its CEO 
said, adding he was “deeply sorry” for the violation of US rules. 


“I personally am deeply sorry that we have broken the trust of our customers and the public,” 
Martin Winterkom said in a statement published on Sunday by the carmaker on Sunday. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025550 



“Volkswagen has ordered an external investigation of this matter.” 


The US Environmental Protection Agency (EPA) said on Friday the software deceived 
regulators measuring toxic emissions, adding that Volkswagen could face fines of up to $18bn 
(£11.5bn) as a result. The carmaker could face penalties of $37,500 for each car not in 
compliance with clean air rules. The diesel-powered models from 2009-2015 are the VW Jetta, 
Beetle and Golf, the Passat model from 2014-15, and the Audi A3 from 2009 to 2015. 


“We do not and will not tolerate violations of any kind of our internal rules or of the law,” said 
Winterkom, adding the company was fully co-operating with the relevant agencies. He gave no 
details on who would cany out the external investigation. 


Cynthia Giles, an enforcement officer at the EPA, said on Friday that the cars in question 
“contained software that turns off emissions controls when driving normally and turns them on 
when the car is undergoing an emissions test”. 


“VW was concealing the facts from the EPA, the state of California and from consumers. We 
expected better from VW,” she said. “Using a defeat device in cars to evade clean air standards 
is illegal and a threat to public health.” 


The EPA accused Volkswagen of using the device in 482,000 four-cyclinder Volkswagen and 
Audi diesel cars in the US since 2008. VW must recall all the cars, remove the defeat device and 
improve the cars’ NOx emissions, which creates smog and has been linked to increased asthma 
attacks and other respiratory illnesses. 


The feature, which the EPA called a defeat device, masks the true emissions only during testing 
and therefore when the cars are on the road they emit as much as 40 times the level of pollutants 
allowed under clean air rules meant to ensure public health is protected, said Giles. 


Volkswagen suspended sales of cars containing the company’s four-cylinder turbo direct 
injection (TDI) engine on Friday in light of the investigation. The “clean diesel” engine is 
commonly used in models including VW’s Beetle, Golf, Jetta, Passat and the A3 luxury compact 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025551 



made by VW-owned Audi. 


Richard Corey, executive officer of the California Air Resources Board (Carb), said on Friday: 
“Our goal now is to ensure that the affected cars are brought into compliance, to dig more deeply 
into the extent and implications of Volkswagen’s efforts to cheat on clean air rules, and to take 
appropriate further action.” 


The EPA and Carb discovered the defeat device software following independent analysis by 
researchers at West Virginia University, who were promoted into action by the International 
Council on Clean Technology, an NGO. 


When confronted with the EPA and Carb’s evidence, VW admitted that its cars were fitted with 
the defeat device. 


The crackdown on Volkswagen comes as the Obama administration is attempting to cut air 
pollution from an array of sources, including the vehicle industry, power plants and oil and 
natural-gas providers. The EPA set new carbon rules for big trucks earlier this year and has told 
all vehicle makers they must sell light vehicles averaging 54.5 miles a gallon by 2025. 


In Europe, new laws have forced manufacturers to test their cars under real world conditions and 
not in laboratories, helping to reduce unrealistic claims about emissions. By 2017 all new cars 
will have to be more stringently tested, effectively ending an era when car makers could 
exaggerate the performance of their machines. 


UK car industry group the SMMT claims that, because of European legislation to cut tailpipe 
pollution, Britain’s air quality is better now than it has been for centuries. 


From: Gong, Kristiene 

Sent: Monday, September 21, 2015 10:26 AM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025552 



Subject: RE: Volkswagen Clips 9/21/2015 


The Hill: 


http://thehill.com/poliev/energv-environment/254323-volkswagen-head-apologizes-for-ep a- 

accusations 


Volkswagen head apologizes after EPA accusations 

By Timothy Cama - 09/20/15 01:28 PM EDT 


The head of German automaker Volkswagen Group apologized Sunday after allegations surfaced 
that his company deliberately tried to evade United States air pollution laws. 


Martin Winterkom, the company’s chief executive officer, said he was “deeply sorry” for 
violating the tmst of customers and the public, and said that Volkswagen had ordered an external 
investigation into the matter. 


Volkswagen faces up to $18 billion in fines for the violations under the Clean Air Act, under 
which the Environmental Protection Agency (EPA) sets air pollution rules for motor vehicles. 


“We will cooperate fully with the responsible agencies, with transparency and urgency, to 
clearly, openly, and completely establish all of the facts of this case,” Winterkom said in a 
Sunday statement 


“We do not and will not tolerate violations of any kind of our internal rules or of the law. 




Winterkom stopped short of admitting to the EPA’s allegations. 


VW FOIA, EPA 


06/20/2017 


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On Friday, the EPA said it had discovered that about 482,000 diesel vehicles sold by VW and its 
subsidiary Audi in the United States had “defeat devices” that detect when the vehicle is 
undergoing an EPA emissions test and turn on equipment that controls output of nitrogen oxides 
to acceptable levels. 


At all other times, the EPA said, the vehicles emitted more pollutants, sometimes exceeding 
allowable volumes by 40 times. 


The agency has not yet officially charged Volkswagen with any civil or criminal penalties, nor 
did it order any recalls of the affected vehicles. California, which has its own emissions 
regulations, is also accusing the company of violating air rules. 


“We at Volkswagen will do everything that must be done in order to re-establish the tmst that so 
many people have placed in us, and we will do everything necessary in order to reverse the 
damage this has caused,” Winterkom said, adding that the issue is the top priority for him and 
the entire management team. 


Reuters: 

htt p://www.reuters.com/article/2015/09/21/usa-volkswagen-idUSLlNl 1R0L020150921 


Volkswagen could face $18 billion penalties from EPA 

WASHINGTON I BY TIMOTHY GARDNER 


Volkswagen AG could face penalties up to $18 billion after being accused of designing software 
for diesel cars that deceives regulators measuring toxic emissions, the U.S. Environmental 
Protection Agency said on Friday. 


VW FOIA, EPA 


06/20/2017 


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"Put simply, these cars contained software that turns off emissions controls when driving 
normally and turns them on when the car is undergoing an emissions test," Cynthia Giles, an 
enforcement officer at the EPA, told reporters in a teleconference. 


Volkswagen can face civil penalties of $37,500 for each vehicle not in compliance with federal 
clean air mles. There are 482,000 four-cylinder VW and Audi diesel cars sold since 2008 
involved in the allegations. If each car involved is found to be in noncompliance, the penalty 
could be $18 billion, an EPA official confirmed on the teleconference. 


A U.S. Volkswagen spokesman said the company "is cooperating with the investigation; we are 
unable to comment further at this time." 


The feature in question, which the EPA called a "defeat device," masks the true emissions only 
during testing and therefore when the cars are on the road they emit as much as 40 times the 
level of pollutants allowed under clean air mles meant to ensure public health is protected, Giles 
said. 


The EPA accused Volkswagen of using software in four-cylinder Volkswagen and Audi diesel 
cars from model years 2009 to 2015 made to circumvent emissions testing of certain air 
pollutants. 


The cars are not facing recall at this time, the EPA said. 


The diesel-powered vehicles involved from the 2009 to 2015 model years are the VW Jetta, VW 
Beetle, VW Golf and the Audi A3, as well as the VW Passat from model years 2014 and 2015. 


Christian Post: 


http://www.christianpost.com/news/volkswagen-to-recall-almost-500000-cars-in-the-us-over-epa- 
violation-145778/ 


VW FOIA, EPA 


06/20/2017 


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Volkswagen to recall almost 500,000 cars in the US over EPA violation 

BY LORRAINE CABALLERO , CHRISTIAN POST CONTRIBUTOR 


Volkswagen will recall almost 500,000 vehicles released from 2009 to 2015 in the United States 
after the carmaker allegedly violated the law by using illegal software, which helped it go past 
environmental restrictions. 


The Environmental Protection Agency (EPA) said Volkswagen broke the law by installing a 
"defeat device" in Volkswagen and Audi units with four-cylinder turbo diesel engines released 
from the year 2009 to 2015. Under normal driving conditions, the emission control devices 
installed in the said cars worked with reduced efficacy, according to the Dispatch Times. 


In the wake of the violation, Volkswagen chief executive Martin Winterkom delivered a 
statement apologizing to their customers and vowing to cooperate with EPA's investigation. 
However, he did not deny the allegations regarding the illegal software, the International 
Business Times reports. 


"I personally am deeply sorry that we have broken the trust of our customers and the public," 
said Winterkom in his statement. 


Because of the notice of violation from the EPA, Volkswagen is now facing penalties amounting 
to more than $18 billion, or around $37,500 per unit, based on the U.S.A. federal Clean Air Act. 
EPA and CARB discovered the illegal software after researchers at the West Virginia University 
conducted an independent study in cooperation with the global Council on Clean Transportation, 
the report adds. 


Volkswagen has been struggling to sell cars in the United States because of the rising cases of 
asthma and other respiratory illnesses caused by air pollutants. The diesel vehicles affected by 
the recall were being counted on to pull up the company's sales in the United States. 


VW FOIA, EPA 


06/20/2017 


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Based on the findings of the EPA, Volkswagen had included a certain algorithm in the cars' 
emissions software that could detect when an emission test is being conducted. 


Owners of the diesel cars affected by the recall will be notified by Volkswagen by next year, 
EPA said. Until Consumer Reports can "retest" the said cars, the recommended rating for the 
Passat, Jetta, Golf, Beetle, and Audi A3 luxury compact will remain on hold, the report relays. 


From: Gong, Kristiene 

Sent: Monday, September 21, 2015 10:14 AM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/21/2015 


AP (via Boston Globe): 


https://www.bostongl.obe.com/business/2015/09/20/chief-sorry-after-epa-savs-firm-skirted-cleaii- 
air-law/3 NNTCf2cVxUriqYNBfMe7L/storv.html 


Volkswagen chief apologizes for rigging tests of emissions 

By Paul Wiseman and Tom Krisher ASSOCIATED PRESS SEPTEMBER 21, 2015 


WASHINGTON — The chief executive of Volkswagen apologized Sunday and VW customers 
said they felt duped after the Environmental Protection Agency revealed that the German 
automaker had skirted clean air rules by rigging emissions tests for about 500,000 diesel cars. 


“I personally am deeply sorry that we have broken the trust of our customers and the public,” 
Volkswagen chief Martin Winterkom said in a statement. He said VW has ordered an 
investigation and promised that the company would cooperate with regulators. 


VW FOIA, EPA 


06/20/2017 


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On Friday, the EPA said VW used software that allowed its diesel cars to release fewer smog- 
causing pollutants during tests than in real-world driving conditions. 


The cars, built in the last seven years, include the Audi A3, VW Jetta, Beetle, Golf, and Passat 
models. The agency ordered VW to fix the cars at its own expense. VW also faces fines that 
could add up to billions of dollars. 


VW edged out Toyota to become the world’s top-selling automaker in the first half of 2015. But 
a hit to its reputation from the emissions revelations could hamper its efforts at a sales rebound in 
the United States. Between 2013 and 2014, VW sales plummeted 10 percent, even as overall 
industry sales rose 6 percent. US buyers want SUVs, and Volkswagen doesn’t have competitive 
vehicles to offer them. 


The magazine Consumer Reports almost immediately suspended its “recommended” rating on 
the Jetta and Passat diesels until it can get recall repairs and retest the cars. 


Volkswagen marketed the diesel-powered cars, which account for about 25 percent of its sales, 
as being better for the environment. After the EPA acted, VW withdrew ads for its diesel cars 
from Youtube.com and asked dealers to stop selling 2015 diesel cars with 2.0-liter engines, 
according to a person familiar with the matter. 


Some VW customers were furious. 


Zeeshan Shah, 39, of Fulton, Md., said that he bought a Volkswagen Diesel Passat 2015 in July 
after he totaled his Jetta two years ago. 


“The selling point” for the Diesel Passat was that the technology was so good, he said. Now, 
Shah plans to return the car back to the dealer to have it examined and doesn’t want to buy 
another Volkswagen. “Once they cheat you on this issue, what other issues can they cheat you 


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06/20/2017 


2017-FFP 025558 



on?” he said. “You don’t trust them.” 


John German, senior fellow at the International Council on Clean Transportation, the group that 
blew the whistle on VW, said it didn’t expect to find any violators when it contracted with West 
Virginia University to test cars with diesel engines. 


The council, a research group that helps governments write regulations, did the US tests in an 
effort to show that automakers were complying with US nitrogen oxide emissions standards, 
which are stricter than in other countries, he said. 


The EPA said VW faces fines of up to $37,500 per vehicle for the violations, a total of more than 
$18 billion. 


WSJ: 

http://www.wsi.com/artieles/volkswagen-ceo-apologizes-after-epa-accusations-1442754877 


Volkswagen Halts U.S. Sales of Certain Diesel Cars 

Auto maker also begins external probe after EPA accuses company of dodging emissions rules 
By WILLIAM BOSTON, AMY HARDER and MIKE SPECTOR 
Updated Sept. 20, 2015 8:57 p.m. ET 


Volkswagen AG’s crisis over allegedly cheating on U.S. emissions tests deepened, with the 
German auto maker halting American sales of popular diesel-powered cars and issuing a 
sweeping apology for violating customers’ trust. 


It also launched an external investigation. Shares in the company slumped more than 20% in 


VW FOIA, EPA 


06/20/2017 


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early trading Monday in response to the crisis. 


The company could face billions of dollars in fines and the crisis could further weaken 
Volkswagen Chief Executive Martin Winterkom’s position. He narrowly survived efforts by a 
major shareholder to oust him earlier this year and was passed over for the chairman’s job, the 
company’s top post, this month. 


“I personally am deeply sorry that we have broken the trust of our customers and the public,” 
Mr. Winterkora said in a statement issued by the company on Sunday, adding that VW is 
cooperating with authorities and has commissioned an external probe. 


The U.S. is crucial in Volkswagen’s efforts to become the world’s leading auto maker by sales. 
The German company has built its campaign to grow in the U.S. market on a promise that its 
clean-diesel engines deliver better performance and low emissions. It is neck-and-neck with 
reigning sales leader Toyota Motor Corp. and overtook the Japanese car maker during the first 
half of this year. But the emissions test probes could stall its progress. 


Even prior to the emissions issue, the auto maker’s namesake Volkswagen brand has been 
battling declining sales in the U.S. market. And Audi AG, its luxury car maker, is finding it hard 
to catch up in the U.S. with rivals BMW AG and Daimler AG, which makes Mercedes-Benz 
vehicles. 


On Friday, the U.S. Environmental Protection Agency and the California Air Resources Board 
alleged that Volkswagen used software, dubbed a “defeat device,” in the cars to make diesel- 
powered engines appear to have lower levels of emissions than they actually did. 


About 482,000 Volkswagen diesel-powered cars were affected. 


The EPA probe could force Volkswagen and its Audi unit to recall thousands of vehicles that 
contain the company’s “clean diesel” engines. The four-cylinder 2.0-liter turbo direct injection, 
or TDI, engine is commonly found in Volkswagen’s Passat, Jetta, Golf, Beetle and in Audi’s A3 
luxury compact model. 


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06/20/2017 


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A Volkswagen spokesman on Sunday said the auto maker halted the sale of all 2015 and 2016 
models containing the four-cylinder 2.0 liter TDI engine. The EPA investigation affects cars sold 
since 2008. The company hasn’t issued a recall, the spokesman said. 


Realization that Volkswagen may have cheated to get better emissions results could undermine 
its U.S. recovery and further weaken its shares, which are down 37% from their peak on March 
16, said analysts. 


“There is no way to put an optimistic spin on this—this is really serious,” said Max Warburton, 
an analyst with Bernstein Research. “The best case for VW is probably still a multi-billion dollar 
fine.” 


Consumer Reports, an influential magazine when it comes to car reviews, last week suspended 
“recommended” ratings on the auto maker’s Jetta and Passat diesel-engine models after the EPA 
disclosed its allegations. Consumer Reports said the recommendations would be suspended until 
it can retest the vehicles once they are repaired. The magazine said it would then assess whether 
the cars’ fuel economy worsened. 


A production line at a Volkswagen plant in Wolfsburg, Germany. ENLARGE 

A production line at a Volkswagen plant in Wolfsburg, Germany. PHOTO: REUTERS 

Laurie Cleveland, a 54-year-old English teacher from Lowville, N.Y., said she bought a new 
2015 VW Passat TDI over the Labor Day weekend. She isn’t sure what to do now. She said it is 
her fourth Volkswagen diesel car since 2006. 


“I feel like I’ve been deceived,” she said. “I’m a person who likes to be environmentally 
friendly,” she added. 


Mr. Winterkom on Sunday vowed to do “everything necessary” to regain public trust in the 
company. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025561 



“We do not and will not tolerate violation of any kind of our internal rules or of the law,” he 
said. “This matter has first priority for me.” 


U.S. officials said Volkswagen violated two parts of the federal Clean Air Act and could face 
fines of as much as $37,500 per car, or more than $18 billion. It remained unclear whether the 
government would seek such an onerous penalty. 


The EPA in November 2014 hit South Korean auto makers Hyundai Motor Co. and Kia Motors 
Corp. with a record $100 million penalty for overstating fuel-economy claims and forced the 
companies to cough up another $200 million in regulatory credits. 


The EPA has said the vehicles remain safe and legal to drive. The agency is working with the 
Justice Department and an investigation is continuing. 


Officials alleged that Volkswagen used software that activates full emissions controls only 
during testing but then reduces their effectiveness during normal driving. The result is that cars 
can emit nitrogen oxides at up to 40 times the allowable standard, the agency said. Diesel- 
powered cars are a small part of overall U.S. car and light-truck sales. 


Experts say that the software enables cars to get better fuel economy at the expense of higher 
nitrogen-oxide emissions, which was likely one reason VW was using them, according to Margo 
Oge, who recently retired as director of the EPA’s Office of Transportation and Air Quality after 
more than 30 years at the agency. 


Volkswagen’s apparent motivations on the emissions tests were unclear. An EPA spokeswoman 
has said it would be “premature to speculate on why VW did this.” 


A Volkswagen spokesman in Wolfsburg, Germany, on Sunday said, “We are now in the 
investigation phase and have no comment beyond what is in the statement that we published 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025562 



today.” 


California is separately investigating the auto maker. 


The International Council on Clean Transportation, a nonprofit research organization that works 
with governments to cut air pollution from mobile sources, and West Virginia University 
researchers uncovered Volkswagen’s alleged use of defeat devices in research and testing over 
the last couple of years. 


Reuters: 


http://www.reuters.com/article/2015/09/20/us-usa-volkswagen-ceo-idUSKCN0RKQIK20150920 


Volkswagen to halt U.S. sales of some 2015 diesel cars 

FRANKFURT/HAMBURG I BY CHRISTOPH STEITZ AND JAN SCHWARTZ 


Volkswagen (VOWG_p.DE) told U.S. dealers to halt sales of some 2015 diesel cars after 
regulators found software it designed for the affected vehicles gave false emissions data, the 
company said Sunday, announcing it had launched an investigation. 


In a statement published by the carmaker on Sunday, Chief Executive Officer Martin Winterkom 
said, "I personally am deeply sorry that we have broken the trust of our customers. 


"Volkswagen has ordered an external investigation of this matter," he said. 


The U.S. Environmental Protection Agency (EPA) said on Friday the software deceived 
regulators measuring toxic emissions, adding that Volkswagen could face fines of up to $18 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025563 



billion as a result. 


The Detroit News reported late Friday that VW dealers still had some 2015 diesel Jetta, Passat 
and Beetle cars for sale. 


A VW representative on Sunday confirmed the partial halt of sales of the affected vehicles but 
did not give any numbers. 


Winterkom said, "We do not and will not tolerate violations of any kind of our internal rules or 
of the law," adding that the company was fully cooperating with the relevant agencies. 


He gave no details on who would carry out the external investigation. 


"This is not your usual recall issue, an error in calibration or even a serious safety flaw," 
Bernstein analysts wrote in a note on Sunday. "There is no way to put an optimistic spin on this - 
this is really serious." 


Cynthia Giles, an enforcement officer at the EPA, said on Friday the cars in question "contained 
software that turns off emissions controls when driving normally and turns them on when the car 
is undergoing an emissions test". 


The feature, which the EPA called a "defeat device," masks the true emissions only during 
testing. When the cars are on the road, they emit as much as 40 times the level of pollutants 
allowed under clean air rules meant to ensure public health is protected, Giles said. 


"We have admitted to it to the regulator. It is true. We are actively cooperating with the 
regulator," a Volkswagen spokesman said on Sunday. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025564 



Volkswagen could face civil penalties of $37,500 for each vehicle not in compliance with federal 
clean air mles. Some 482,000 four-cylinder VW and Audi diesel cars sold since 2008 are 
involved in the allegations. 


If each car involved is found to be in noncompliance, the penalty could be $18 billion, an EPA 
official confirmed during the telephone conference on Friday. 


Volkswagen peer Daimler, meanwhile, signaled it may not be subject to the same violation. 


"I have a rough idea of what is happening and that it does not apply to us," Daimler Chief 
Executive Dieter Zetsche said on Sunday at an event in Hamburg. 


"But it is much too early to make a final statement on this," he added. 


USA Today: 


http://www.usatoday.com/story/money/ears/2015/09/20/volkswagen-ceo-martin-winterkom- 
a pologizes-epa-clean-air-act-emissions-violations/72519678/ 


Volkswagen issues sales halt; CEO apologizes on emissions cheating 
Nathan Bomey, USA TODAY 8:02 a.m. EDT September 21, 2015 


Volkswagen has admitted cheating U.S. diesel emissions tests, sending company shares plunging 
as much as 23 percent in Frankfurt and potentially leaving the company open to billions of 
dollars in fines. Bloomberg 


Martin Winterkom ordered an external investigation after the EPA disclosed the violations. 


VW FOIA, EPA 


06/20/2017 


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Volkswagen's CEO said he is "deeply sorry" for violating U.S. emissions standards and ordered 
an external investigation Sunday, two days after the Environmental Protection Agency (EPA) 
accused the automaker of purposefully manipulating emissions tests for almost 500,000 vehicles. 


The German automaker ordered its U.S. dealerships to stop selling cars impacted by the probe 
until its engineers can deliver a fix. 


The EPA accused Volkswagen of installing software on 482,000 diesel cars in the USA that 
allowed it to cheat emissions tests, potentially exposing people to harmful pollutants at levels of 
40 times the acceptable standard and respiratory conditions such as asthma. 


"I personally am deeply sorry that we have broken the trust of our customers and the public," 
Martin Winterkom, Volkswagen's CEO, said in a statement. "We will cooperate fully with the 
responsible agencies, with transparency and urgency, to clearly, openly and completely establish 
all of the facts of this case." Winterkom pledged to regain the public's trust. 


The violations could expose Volkswagen — the world's largest vehicle manufacturer through the 
first six months of 2015 — to up to $18 billion in federal fines if the EPA assesses the maximum 
possible penalty of $37,500 per vehicle. 


The violations could invite charges of false marketing by regulators, a vehicle recall and 
payment to car owners, either voluntarily or through lawsuits. Volkswagen advertised the cars 
under the "Clean Diesel" moniker. 


The state of California is investigating the emissions violations. 


"We do not and will not tolerate violations of any kind of our internal rules or of the law," 
Winterkom said. The company's board takes the allegations "very seriously," he said. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025566 



The EPA accused the German automaker of adopting what it called a "defeat device" to txick 
U.S. regulators into believing its cars met Clean Air Act standards for nitrogen oxides. 
Volkswagen admitted to investigators it had installed the defeat device, the EPA said. 


The EPA said impacted cars include the 2009 to 2014 Volkswagen Jetta, Beetle and Golf, the 
2014 and 2015 Volkswagen Passat and the 2009 to 2015 Audi A3. 


Volkswagen told dealers they cannot sell the 4-cylinder diesel versions of those cars until a fix is 
available, Volkswagen spokesman Mario Guerreiro said Sunday. 


The sales halt could put a significant dent in the company's September sales performance. About 
20% of Volkswagen's vehicle sales are diesel engines, said AutoPacific analyst Dave Sullivan. 


"It totally goes against all of the marketing they have had of a clean diesel," Sullivan said of the 
violations. "That’s one of the biggest selling points for Volkswagen." 


"The trust of our customers and the public is and continues to be our most important asset," 
Winterkom said Sunday. "We at Volkswagen will do everything that must be done in order to re¬ 
establish the tmst that so many people have placed in us, and we will do everything necessary in 
order to reverse the damage this has caused. This matter has first priority for me, personally, and 
for our entire Board of Management." 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 3:22 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


Sacramento Bee: 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025567 



htt p://www.sacbee.eom/:pews/business/article35709432.html 


Regulators order Volkswagen recalls over device used to trick smog tests 

BY DALE KASLER 


In a joint probe with California air regulators, the federal government Friday told Volkswagen to 
recall 480,000 diesel-fuel cars, charging the automaker with equipping the cars with software 
designed to circumvent pollution limits. 


The U.S. Environmental Protection Agency and California Air Resources Board sent notices to 
the German automaker over its alleged use of something called a “defeat device,” a piece of 
software that controls emissions during smog tests but not when the vehicles are actually on the 
road. 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” said Cynthia Giles, assistant EPA administrator, in a prepared statement. “Working 
closely with the California Air Resources Board, EPA is committed to making sure that all 
automakers play by the same mles.” 


The EPA sent Volkswagen a “notice of violation” and told car owners they can expect a recall 
notice. The agency said all repairs will be done at Volkswagen’s expense. It added that the cars 
are safe to drive. The EPA has the authority to order automotive recalls. 


Stanley Young, a spokesman for the ARB, said the federal and state agencies were first notified 
of the problem by independent researchers at West Virginia University and the International 
Council on Clean Transportation. Months of followup testing, including tests at an ARB lab in 
El Monte, confirmed the analyses. 


Volkswagen officials in early September “admitted to CARB and EPA staff that these vehicles 
were designed and manufactured with a defeat device,” according to an enforcement letter the 


VW FOIA, EPA 


06/20/2017 


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California agency sent Friday to Volkswagen officials. 


Young said “our major goal is to ensure that these cars come into compliance, that they’re the 
same in the real world as they are on the test bench.” The automaker eventually could face fines 
or other enforcement actions, he said. 


The agencies plan to “dig more deeply into the extent and implications of Volkswagen’s efforts 
to cheat on clean air ailes, and to take appropriate further action,” said Richard Corey, executive 
officer of ARB, in a prepared statement. 


The EPA said the recall affects VW Jettas, Beetles, Golfs and Audi A3s made in the 2009 to 
2015 model years. It also covers VW Passats made in the 2014 and 2015 model years. Only 
diesel cars are affected. Young said ARB believes there are as many as 50,000 affected vehicles 
on the road in California. 


Under the federal Clean Air Act, California has the authority to set its own regulatory standards 
for car emissions. 


Volkswagen of America spokesman Darryll Harrison Jr. said the company is cooperating with 
the federal and state agencies but had no further comment. 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 3:10 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


The Atlantic: 


htt p://www.theatlantic.com/technology/archive/2015/09/volkswagens-game-of-make- 
belief/406159/ 


VW FOIA, EPA 


06/20/2017 


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Volkswagen's Game of Make-Believe 


The company inserted a device into almost 500,000 cars meant to trick emissions testing, the 
EPA says. 

ROBINSON MEYER 


One of the great lessons of the pioneering computer scientist Alan Turing is this: Computers are 
only pretending machines. Software is always just imitating something else. 


Volkswagen seems to have taken this maxim to new heights. The Environmental Protection 
Agency alleges that the company installed “defeat devices” in its four-cylinder Volkswagen and 
Audi-brand diesel cars from 2009 to 2015. 


These devices, essentially, let the cars pretend to not break the law. The software could sense 
when the car was undergoing emissions testing and activate its pollution-control systems 
accordingly. When the car was being driven during normal use, these systems largely did not 
activate—making the car a much heavier polluter in real-life than it looked on paper. 


With those systems deactivated, the car’s emissions violated the Clean Air Act and California’s 
state pollution-control regulation. 


“Using a defeat device in cars to evade clean-air standards is illegal and a threat to public 
health,” said Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and 
Compliance Assurance, in a statement. 


There are almost 500,000 vehicles on American roads with the devices installed, according to the 
EPA. Volkswagen must now pay to repair the emissions systems in affected cars. The 
government may also fine the company as much as $18 billion. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025570 



The device was discovered by researchers at West Virginia University, who notified the EPA 
and California state authorities. The two authorities investigated further, and after demanding 
“an explanation for the identified emission problems, Volkswagen admitted that the cars 
contained defeat devices,” said a statement from the agency. 


I reached out to Volkswagen for comment and haven’t heard back yet. The Times reports that the 
company is complying with investigations. 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 2:58 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


Mashable: 


http: ■■com/2015/09/18/volkswagen-recall-emissions/#uLletrM4JZkb 


Volkswagen urged to recall cars for allegedly cheating emissions test 

BY CHRIS PERKINS 


Automakers are under intense pressure to meet emissions regulations put in place by the world's 
governments. Volkswagen allegedly had a slightly different solution. 


The U.S. Environmental Protection Agency (EPA) ordered a recall of almost 500,000 
Volkswagen and Audi vehicles equipped with four-cylinder diesel engines, for software 
designed to sidestep emissions regulations, reports the New York Times. 


In total, 482,000 vehicles are being implicated, including the 2009-2015 Volkswagen Golf, 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025571 



Beetle, Jetta and Beetle, the 2014-2015 Volkswagen Passat and the 2009-2015 Audi A3. The 
cars were possibly installed with a "defeat device," a piece of software designed to detect when 
the car is undergoing emissions testing and turn on all of the car's emissions control systems 
then. In normal driving, the systems would turn off, causing 40 times larger nitrogen oxide 
emissions, according to the E.P.A. 


Nitrogen oxide is a major contributor to smog, which can lead to increased respiratory problems 
and premature death. 


The installation of this software is in violation of the Clean Air Act, and as such, the E.P.A, the 
State of California and the Department of Justice will launch an investigation. The installation of 
this software is in violation of the Clean Air Act, and as such, the E.P.A, the State of California 
and the Department of Justice will launch an investigation. 


U.S. regulators hope that this recall will send a message to automakers to not develop software to 
skirt regulations. Last November, Hyundai and Kia were fined $100 million for violating the 
Clean Air Act. The two companies inflated their fuel economy figures for their 2012 vehicles. 


The likely reason why Volkswagen could go the trouble to develop and use software like this is 
to boost performance; emissions control equipment tends to suck power out of an engine. 


Researchers from West Virginia University, working with the International Council on Clean 
Transportation, discovered the software, according to the EPA's press release. 


"Volkswagen Group of America, Inc., Volkswagen AG and Audi AG received today notice from 
the US Environmental Protection Agency, US Department of Justice and the California Air 
Resources Board of an investigation related to certain emissions compliance matters. VW is 
cooperating with the investigation; we are unable to comment further at this time," said a 
representative for Volkswagen. 


A representative for the EPA wasn't immediately available for comment. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025572 



It's unclear if this issue only pertains to U.S. model Volkswagens and Audis equipped with four- 
cylinder diesels, or their world-market counterparts as well. 


A report from Jalopnik notes that all of Volkswagen's ads for its diesel models have been deleted 
from YouTube, apparently at the company's request. 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 2:51 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


Christian Science Monitor: 

http://www.csmonitor.com/Business/In-Gear/2015/0918/Why-the-EPA-is-forcing-Volkswagen- 
to-reca) 1 -near! v -500-000-cars 


Why the EPA is forcing Volkswagen to recall nearly 500,000 cars 

Volkswagen AG, the German car manufacturer, is under investigation by California and US 
emissions regulators for allegedly circumventing emission tests with a new device. 

By Corey Fedde, Staff SEPTEMBER 18, 2015 


Volkswagen AG is under investigation for circumventing clean air rules. 


German automotive company Volkswagen AG is under investigation by California and US 
environmental regulators. The US Environmental Protection Agency told Reuters Volkswagen 
allegedly used software to circumvent emissions testing of specific air pollutants. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025573 


“Put simply, these cars contained software that turns off emissions controls when driving 
normally and turns them on when the car is undergoing an emissions test,” Cynthia Giles, an 
EPA enforcement officer, told Reuters via teleconference. 


The feature, known as a “defeat device,” is allegedly present in 4 cylinder Volkswagen and Audi 
vehicles from 2009-2015, which total nearly 500,000 vehicles. The device is programmed to 
detect when the car is undergoing an emissions test and turn on the full emissions controls. The 
device then turns the emission controls off during normal driving. The result being far more 
pollution than the company reported, the EPA told The New York Times. 


The pollutant the “defeat device” is designed to conceal, nitrogen oxide, has been linked by 
public health officials to variety of health problems, including asthma. 


The 500,000 diesel vehicle models affected include 2009-2015 Volkswagen Jettas, Beetles, 
Golfs, Passats, and Audi A3s. 


The violation and investigation belie a growing trend in more aggressive environmental 
enforcement from federal regulators. In November 2014, the administration announced its largest 
ever penalty for a violation of the Clean Air Act on Korean automakers Hyundai Motor and Kia 
Motors. The fine involved a $300 million settlement for overstating vehicle fuel-economy 
standards on more than 1 million cars. 


According to The New York Times, analysts say the crackdown is meant to send a clear message 
to automakers that circumventing federal rules will not be tolerated. 


California, the EPA, and the Justice Department are working together on the investigation. 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public health. 
Working closely with the California Air Resources Board, EPA is committed to making sure that 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025574 



all automakers play by the same rules. E.P.A. will continue to investigate these very serious 
violations,” Ms. Giles told the Times. 


This report includes material from Reuters. 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 2:27 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


Reuters: 

http://www.reuters .com/article/2015/09/18/us-usa-volkswagen-idUSKCN0RI 1VK20150918 


Volkswagen could face $18 billion penalties from EPA 

WASHINGTON I BY TIMOTHY GARDNER 


Volkswagen AG (VOWG_p.DE) could face penalties up to $18 billion after being accused of 
designing software for diesel cars that deceives regulators measuring toxic emissions, the U.S. 
Environmental Protection Agency said on Friday. 


"Put simply, these cars contained software that turns off emissions controls when driving 
normally and turns them on when the car is undergoing an emissions test," Cynthia Giles, an 
enforcement officer at the EPA, told reporters in a teleconference. 


Volkswagen can face civil penalties of $37,500 for each vehicle not in compliance with federal 
clean air rules. There are 482,000 four-cylinder VW and Audi diesel cars sold since 2008 
involved in the allegations. If each car involved is found to be in noncompliance, the penalty 
could be $ 18 billion, an EPA official confirmed on the teleconference. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025575 




A U.S. Volkswagen spokesman said the company "is cooperating with the investigation; we are 
unable to comment further at this time." 


The feature in question, which the EPA called a "defeat device," masks the true emissions only 
during testing and therefore when the cars are on the road they emit as much as 40 times the 
level of pollutants allowed under clean air rules meant to ensure public health is protected, Giles 
said. 


The EPA accused Volkswagen of using software in four-cylinder Volkswagen and Audi diesel 
cars from model years 2009 to 2015 made to circumvent emissions testing of certain air 
pollutants. 


The cars are not facing recall at this time, the EPA said. 


The diesel-powered vehicles involved from the 2009 to 2015 model years are the VW Jetta, VW 
Beetle, VW Golf and the Audi A3, as well as the VW Passat from model years 2014 and 2015. 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 1:40 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


The Hill: 


http://thehill.com/policy/energy-environment/254188-epa-accuses-vw-of-going-around-federal- 

emissions-standards 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025576 



Feds accuse VW of going around federal emissions standards 


By Devin Henry - 09/18/15 12:50 PM EDT 


The Environmental Protection Agency (EPA) is accusing Volkswagen of looking to circumvent 
federal air pollutant emission standards for the last six years. 


EPA officials alleged Friday that about 482,000 VW vehicles sold since 2008 violate the Clean 
Air Act due to software installed on the vehicles that turns off required air pollution protections. 


Janet McCabe, an acting assistant administrator, said the EPA “intends to hold VW responsible 
to recall the vehicles” and fix the emissions problem. The company could face up to an $18 
billion fine for the violations. 


The EPA issued VW a Clean Air Act violation notice Friday, alleging it used a software 
algorithm on certain vehicles that would turn on emission controls only when they undergo 
official emissions testing. 


This "defeat device,” the EPA said, would switch off those controls during normal operation, 
which means the vehicles could emit up to 40 times the amount of nitrogen oxide allowed under 
federal air pollution standards. 


“These violations are very serious ... not only because they result in excess emissions, but also 
because VW was concealing the fact from EPA, the state of California and from consumers,” 
Assistant Administrator Cynthia Giles said. “We expected better from VW.” 


Federal law requires manufacturers to certify to the EPA that their cars meet emissions standards 
before selling their vehicles in the U.S. Cars with defeat devices cannot be certified, the EPA 
said. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025577 



A VW statement said only that the company had received the violation notice and is cooperatin 
with the investigation. 


The EPA and the California Air Resources Board discovered the defeat device during an analysis 
at West Virginia State University, the EPA said. Officials said their investigation into the 
incident is ongoing and wouldn’t give many more details about how it developed or what the 
outcome might be. 


The agency is not ordering a recall or announcing penalties at the moment, and officials said the 
cars are safe and legal to drive. The Friday announcement, Giles said, was meant to “inform the 
public right away and to put VW on notice of our continuing investigation.” 


The EPA said the announcement covers VW Jettas, Beetles, Golfs and Audi A3s with model 
years between 2009 and 2015, as well as the VW Passat with model years 2014 and 2015. 


Fortune: 


htt p://fortrme.com/2015/09/18/volkswagen-recall-epa-smog/ 


Volkswagen ordered to recall almost a half-million cars over emissions trick 

by Benjamin Snyder 


The Environmental Protection Agency is ordering Volkswagen to recall nearly a half-million 
cars after the company allegedly used a computer software trick to make the cars seem more 
environmentally friendly during state emissions tests. 


The VW models involved include the diesel versions of the following models: The 2009-15 
Volkswagen Jetta, the 2009-15 Beetle, the 2009-15 Golf, the 2014-15 Passat and the 2009-15 
Audi A3. The recall affects 482,000 vehicles in total. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025578 



“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” said Cynthia Giles, Assistant Administrator for the Office of Enforcement and 
Compliance Assurance, in a statement. “Working closely with the California Air Resources 
Board, EPA is committed to making sure that all automakers play by the same rules. EPA will 
continue to investigate these very serious matters.” 


“Volkswagen Group of America, Inc., Volkswagen AG and Audi AG received today notice from 
the US Environmental Protection Agency, US Department of Justice and the California Air 
Resources Board of an investigation related to certain emissions compliance matters,” 
Volkswagen says. “VW is cooperating with the investigation; we are unable to comment further 
at this time.” 


Auto Guide: 


http://www.autoguide.com/auto-news/2015/09/volkswagen-used-illegal-software-to-cheat- 


emissions-tests-epa.html 


Volkswagen Used Illegal Software to Cheat Emissions Tests: EPA 

By Stephen Elmer Sep 18, 2015 


Volkswagen may be forced to recall almost 500,000 diesel passenger cars after an investigation 
revealed illegal software was allowing the vehicles to pass government emissions standards. 


A software algorithm, known as a defeat device, used on roughly 482,000 Volkswagen vehicles 
with four-cylinder diesel engines is able to detect when the car is undergoing official emissions 
testing, and will activate full emissions controls only during the test. 


The EPA 


says that this results in cars that meet emissions standards while being tested, but emit 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025579 



40 percent more nitrogen oxides while driving. 


Independent analysis at West Virginia University uncovered the defeat devices. After being 
questioned by the EPA and CARB, Volkswagen admitted that its cars did contain defeat devices. 


The EPA says “it is incumbent” on Volkswagen to initiate a recall fix for all the affected cars, 
although they note that these vehicles are still safe to drive and do not present a safety hazard at 
this time. 


Volkswagen may be liable for civil penalties over the findings, which could total up to $18 
billion if the EPA leverages its maximum find of $37,500 per vehicles. 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” said Cynthia Giles, Assistant Administrator for the Office of Enforcement and 
Compliance Assurance. “Working closely with the California Air Resources Board, EPA is 
committed to making sure that all automakers play by the same rules. EPA will continue to 
investigate these very serious matters.” 


Models affected by the issue include the 2009-2015 Volkswagen Jetta, Beetle and Gold. The 
2009-2015 Audi A3 is also affected, along with the 2014-2015 Passat. 


Volkswagen acknowledged that it has received notice of the investigation. “VW is cooperating 
with the investigation; we are unable to comment further at this time,” said the brand. 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 1:36 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025580 



Washington Post: 


http://www.washingtonpost.com/news/energy-environment/wp/2015/09/18/epa-volkswagen- 
used-defeat-device-to-circumveiit-air-pollution-controls/ 


EPA: Volkswagen used ‘defeat device’ to circumvent air pollution controls 

By Joby Warrick September 18 at 1:04 PM 


The Environmental Protection Agency on Friday accused Volkswagen of installing a software 
“defeat device” that circumvented pollution controls on nearly a half-million Volkswagens and 
Audis. 


The regulatory agency filed a notice of violation against the German automaker, saying the 
company deliberately cheated on clean-air rules by installing the software of five of its models 
since 2008. An EPA statement warned of possible civil penalties and hinted of a future possible 
recall, saying it was “incumbent on Volkswagen to initiate the process” to fix the affected cars’ 
emissions systems. 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” said Cynthia Giles, the EPA’s assistant administrator for EPA’s Office of Enforcement 
and Compliance Assurance. 


EPA officials, in a joint probe with California’s regulatory agency, determined that Volkswagen 
had inserted a sophisticated algorithm in the cars’ emissions software that could detect when a 
vehicle was undergoing emissions testing. The software, which the EPA called a “defeat device,” 
would turn on full emissions controls during testing, and switch them off again under normal 
driving conditions. 


As a result, the cars emitted far more pollution-up to 40 times the federal standard for the 
pollutant known as NOx, a component in urban smog, the EPA said. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025581 



The software was installed in Volkwagen’s Golfs, Jettas and Beetles and Audi A3s beginning in 
the model year 2009, and in Volkswagen’s Passat models beginning in 2014. EPA officials said 
no action was required by owners of the car, but they suggested that Volkswagen would be 
compelled to address the problem. 


“Our goal now is to ensure that the affected cars are brought into compliance, said Richard 
Corey, the executive officer for California’s Air Resources Board.” He said federal and state 
agencies intended to “dig more deeply into the extent and implications of Volkswagen’s efforts 
to cheat on clean air ailes, and to take appropriate further action.” 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 1:31 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


Wall Street Journal: 


htt p://www.wsi.com/articles/epa--accuses-volkswagert-of-dodging-emissions-rules-1442595129 


EPA Accuses Volkswagen of Dodging Emissions Rules 

Agency says German auto maker circumvented air-pollution standards with software 
By AMY HARDER 


WASHINGTON—The U.S. Environmental Protection Agency issued a notice on Friday 
alleging that Volkswagen AG circumvented air-pollution standards with software installed on 
nearly a half million cars sold in the U.S. since 2008. 


Officials said Volkswagen could face penalties of up to $37,500 per vehicle, or a total of more 
than $18 billion, though it remained unclear whether the government would eventually levy such 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025582 



a large penalty. Officials said the German auto maker violated the federal Clean Air Act. 


The agency said that owners of these cars don’t need to take any action right now and that while 
the cars have emissions exceeding federal standards, “these violations do not present a safety 
hazard and the cars remain legal to drive,” according to the EPA. 


Officials said a recall hasn’t been announced and an investigation continues. They plan to at 
some point order Volkswagen to fix the vehicles, officials said. 


Top EPA officials made the announcement alongside the California Air Resources Board, which 
is separately investigating the alleged use of the software, which EPA describes as a “defeat 
device.” The software reduces the effectiveness of a car’s emission control system during normal 
driving conditions and enables the car to emit nitrogen oxides at up to 40 times the allowable 
standard, according to the EPA. 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” said Cynthia Giles, Assistant Administrator for the Office of Enforcement and 
Compliance at the EPA. 


“Volkswagen Group of America Inc., Volkswagen AG and Audi AG received today notice from 
the U.S. Environmental Protection Agency, U.S. Department of Justice and the California Air 
Resources Board of an investigation related to certain emissions compliance matters,” 
Volkswagen said in a statement. “VW is cooperating with the investigation; we are unable to 
comment further at this time.” 


EPA said that its allegations cover roughly 482,000 diesel passenger cars with model years 
between 2009 and 2015 and sold in the U.S. since 2008. They include the following models: the 
Jetta, Beetle, Audi A3, Golf and Passat. 


The Clean Air Act requires vehicle manufacturers to certify to EPA that their products meet 
federal air-pollution standards. EPA said Friday that by making and selling vehicles with the 
“defeat device” software, Volkswagen was violating two parts of the Clean Air Act. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025583 



From: Gong, Kristiene 

Sent: Friday, September 18, 2015 1:19 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; FIull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


NPR: 


http://www.npr.org/sections/thetwo-way/2015/09/18/441467960/volkswagen-used-defeat-device- 
to-skirt-emissions-rules-epa-savs 


Volkswagen Used 'Defeat Device' To Skirt Emissions Rules, EPA Says 

BILL CHAPPELL 


Saying Volkswagen violated the Clean Air Act, the Environmental Protection Agency says the 
company's diesel-powered cars have sophisticated software that detects emissions testing - and 
"turns full emissions controls on only during the test." 


Installed on four-cylinder cars, the software, which the EPA calls a "defeat device" that's meant 
to trick official tests, allowed diesel Jettas, Beetles, and other cars to "emit up to 40 times more 
pollution" than allowed under U.S. emission standards. 


The agency says that after the carmaker was confronted with emission test results this month, it 
admitted that the cars contain defeat devices. 


Volkswagen must now fix the cars' emissions control systems, the agency says, adding that 
Volkswagen could be liable for civil penalties and other punishment. The cars in question are 
popular Volkswagen and Audi models that were made from 2009 to this year. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025584 



The affected diesel cars include: 


• Jetta (Model Years 2009 - 2015) 

• Beetle (Model Years 2009 - 2015) 

• Audi A3 (Model Years 2009 - 2015) 

• Golf (Model Years 2009-2015) 

• Passat (Model Years 2014-2015) 


"Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health," said Cynthia Giles, assistant administrator for the Office of Enforcement and 
Compliance Assurance. 


The Verge: 

htt p://www.theverge.eom/2015/9/18/9352757/epa-volkswagen-recall-emissions 

Volkswagen ordered to recall 500,000 cars for gaming emissions testing 

By Colin Lecher 

The federal government has ordered Volkswagen to recall almost 500,000 vehicles, saying the 
company unlawfully used special software to get around missions regulations. 

VOLKSWAGEN ALLEGEDLY USED A "DEFEAT DEVICE." 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025585 



Volkswagen allegedly used a so-called "defeat device" on certain models made in the past six 
years. The device works by only turning on emissions control when undergoing emissions 
testing, but not when the car is actually being driven normally and pollution is at its peak. "This 
results in cars that meet emissions standards in the laboratory or testing station, but during 
normal operation, emit nitrogen oxides, or NOx, at up to 40 times the standard," the EPA said in 
a statement. 


Using such a device is a violation of the Clean Air Act, which, as The New York Times points 
out, the EPA has been increasingly cracking down on. In November, the agency hit Hyundai and 
Kia with a record $100 million fine for violations under the act. 


The cars affected by the recall include the 2009 to 2015 Jetta, Beetle, Golf, and Audi A3. The 
2014 and 2015 Passat is also included. According to the EPA, that adds up to 482,000 cars. 


Jalopnik: 

http://ialopnik.com/epa-orders-volkswagen-to-recall-482-000-diesel-cars-for-1731665972 


EPA Orders Volkswagen To Recall 482,000 Diesel Cars For Cheating On Emissions 

Patrick George 


The New York Times reports Volkswagen has been ordered by the Environmental Protection 
Agency to recall 482,000 diesel cars in the U.S. over software they say was intentionally 
designed to circumvent smog regulations. 


The cars, all diesels from 2009 to 2015, have a “defeat device” programmed to detect when the 
car is undergoing official emissions testing that only then turns on the full emissions control 
systems, the Times reports. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025586 



These controls are turned off in other situations, leading to far greater emissions than VW let on 
— which is against the law. The devices were designed to conceal nitrogen oxide emissions. 


It’s not immediately clear why VW had such a system on these cars, how the system detected 
official testing versus normal driving, or if the cars operated differently in normal driving when 
the defeat device was off. What effect did reducing NOx emissions have on fuel economy or 
performance? 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” said Cynthia Giles, the E.P.A.’s assistant administrator for the Office of Enforcement 
and Compliance. “Working closely with the California Air Resources Board, E.P.A. is 
committed to making sure that all automakers play by the same rules. E.P.A. will continue to 
investigate these very serious violations.” 

The state of California and the Justice Department are also investigating the violation, the paper 
reports. 


The vehicles affected are the 2009-2015 diesel Jetta, Beetle, Golf, Passat and Audi A3. 


More on this as we get it. 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 1:10 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


Detroit Free Press: 

http://www.freep.com/story/money/cars/2015/09/18/epa-volkswagen-used-software-skirt- 

emissions-rules/72399372/ 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025587 



EPA: Volkswagen used software to skirt emissions rules 

By Greg Gardner 


The U.S. Environmental Protection Agency and California are accusing Volkswagen of violating 
the Clean Air Act by using software that allows hundred of thousands of VW and Audi diesel- 
powered cars to get around emission standards. 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” said Cynthia Giles, EPA assistant administrator for enforcement and compliance 
assurance. “Working closely with the California Air Resources Board, EPA is committed to 
making sure that all automakers play by the same rules. EPA will continue to investigate these 
very serious matters.” 


The agency's notice of violation covers about 482,000 diesel cars sold between 2009 and 2015 
model years. 


Affected diesel models include: 


Jetta (model years 2009 - 2015) 
Beetle (model years 2009 - 2015) 
Audi A3 (model years 2009 - 2015) 
Golf (model years 2009 - 2015) 
Passat (model years 2014-2015) 


California is separately issuing an In-Use Compliance letter to Volkswagen, and EPA and the 
California Air Resources Board (CARB) have both initiated investigations based on 
Volkswagen’s alleged actions. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025588 



“Working with U.S. EPA we are taking this important step to protect public health thanks to the 
dogged investigations by our laboratory scientists and staff,” said CARB executive officer 
Richard Corey. “Our goal is to ensure that the affected cars are brought into compliance, to dig 
more deeply into the extent and implications of Volkswagen’s efforts to cheat on clean air rules, 
and to take appropriate further action.” 


The federal and California regulators say Volkswagen used a sophisticated software algorithm 
on certain Volkswagen vehicles that detects when the car is undergoing official emissions testing 
and turns full emissions controls on only during the test. The effectiveness of these vehicles’ 
pollution emissions control devices is greatly reduced during all normal driving situations. 


As a result the cars met emissions standards in the laboratory or testing station, but during 
normal operation, emit nitrogen oxides, or NOx, at up to 40 times the permissible standard. The 
software produced by Volkswagen is a “defeat device,” as defined by the Clean Air Act. 


Corey said testing groups in Europe found information that indicated Volkswagen may have 
manipulated its emission tests and told California regulators about their suspicions. 


NOx pollution contributes to nitrogen dioxide, ground-level ozone and fine particulate matter. 
Exposure to these pollutants has been linked with a range of serious health effects, including 
increased asthma attacks and other respiratory illnesses that can be serious enough to send 
people to the hospital. Exposure to ozone and particulate matter have also been associated with 
premature death due to respiratory-related or cardiovascular-related effects. Children, elderly 
people and those with pre-existing respiratory disease are particularly at risk for health effects of 
these pollutants. 


The Clean Air Act requires vehicle manufacturers to certify to EPA that their products will meet 
applicable federal emission standards to control air pollution, and every vehicle sold in the U.S. 
must be covered by an EPA-issued certificate of conformity. Motor vehicles equipped with 
defeat devices, which reduce the effectiveness of the emission control system during normal 
driving conditions, cannot be certified. By making and selling vehicles with defeat devices that 
allowed for higher levels of air emissions than were certified to EPA, Volkswagen violated two 
important provisions of the Clean Air Act. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025589 



EPA and CARB uncovered the defeat device software after independent analysis by researchers 
at West Virginia University, working with the International Council on Clean Transportation, a 
non-govemmental organization. The researchers raised questions about emissions levels, and the 
agencies began further investigations into the issue. In September, after EPA and CARB 
demanded an explanation for the emission problems, Volkswagen admitted that the cars 
contained defeat devices. 


VW may be liable for civil penalties of up to $37,500 per vehicle found to be violating the 
standard, or potentially more than $18 billion. 


It is incumbent upon Volkswagen to initiate the process that will fix the cars’ emissions systems. 
Car owners should know that although these vehicles have emissions exceeding standards, these 
violations do not present a safety hazard and the cars remain legal to drive and resell. Owners of 
cars of these models and years do not need to take any action at this time. 


Wired: 


' ittp://www.wired. com/2015/09/epa-accuses-volkswagen-cheating-emissions-testing-482000- 
cars/ 


EPA ACCUSES VOLKSWAGEN OF CHEATING EMISSIONS TESTING ON 482,000 
CARS 

Alex Davies 


THE EPA IS accusing Volkswagen of illegally using software to cheat emissions standards, 
allowing the German automaker to sell half a million cars that produce smog at 40 times the 
legal limit. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025590 



In a notice of violation of the Clean Air Act sent to Volkswagen AG, Audi AG, and Volkswagen 
Group of America, Inc today, the EPA said diesel-powered VW cars used a “defeat device,” a 
kind of “a sophisticated software algorithm [that] detects when the car is undergoing official 
emissions testing, and turns full emissions controls on only during the test. The effectiveness of 
these vehicles’ pollution emissions control devices is greatly reduced during all normal driving 
situations.” 


The accusation applies to 482,000 diesel-powered, four-cyclinder Jetta, Beetle, Audi A3, Golf, 
and Passat cars sold between 2008 and 2015 in the US. The news comes as the Frankfurt motor 
show, one of the biggest events of the year for the automaker, opens to the press. VW will be 
required to fix the problem, at no cost to car owners. 


The Week: 


http://www.theweek.com/speedreads/57808Q/epa-catches-volkswagen-blatantly-cheating-smog- 

fpefe 

lr-\s' r kJ I/O 


EPA catches Volkswagen blatantly cheating on smog tests 

Jeva Lange 


Almost half a million Volkswagen cars, including recent diesel models of Jettas, Beetles, Audi 
A3s, Golfs, and Passats, may be recalled in an enormous crackdown on the German carmaker's 
alleged blatant circumvention of smog standards, The New York Times reports. 


The Environmental Protection Agency has demanded that the cars be recalled, and specifically 
accused Volkswagen of installing software, called a "defeat device," in their cars that basically 
just lies about what a car's emissions are during tests: 


The device is programmed to detect when the car is undergoing official emissions testing, and to 
only turn on full emissions control systems during that testing. Those controls are turned off 
during normal driving situations, when the vehicles pollute far more heavily than reported by the 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025591 



manufacturer, the E.P.A. said. [The New York Times] 


Car emissions contain nitrogen oxide, which creates smog, as well as pollutants that cause 
asthma. 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 12:56 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


LA Times: 

http://www.latimes.com/business/autos/la-fi-hy-volkswagen-probe-20150918-story.html 


Volkswagen is accused of sidestepping emissions rules, 'cheating' pollution tests 

By JERRY HIRSCH 


Federal and California environmental regulators accused Volkswagen of using software that 
“cheats” pollution testing in nearly 500,000 recent model VWs and Audis by circumventing 
emission standards in its diesel cars. 


The German automaker will eventually have to recall all of the vehicles and change the 
emissions systems at its own expense, regulators said. Additionally it could face a fine of about 
$18 billion, or $35,500 per car, federal environmental officials said. 


The Environmental Protection Agency on Friday issued the German automaker a “notice of 
violation” of the Clean Air Act for both VW models and the company’s Audi luxury brand. It 
covers models equipped with four-cylinder diesel engines. The California Air Resources Board 
issued a similar letter. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025592 



Volkswagen and Audi vehicles from model years 2009-2015 have the software, which uses an 
algorithm that detects when the vehicle is undergoing pollution tests and changes the way it 
performs from when it is being driven on the open road. 


It “is illegal and a threat to public health,” said Cynthia Giles, assistant administrator for the 
Office of Enforcement and Compliance Assurance. “EPA is committed to making sure that all 
automakers play by the same rules.” 


“We expected better from VW,” Giles said. 


Air Resources Board Executive Officer Richard Corey said the California agency wants to bring 
the cars “into compliance, to dig more deeply into the extent and implications of Volkswagen’s 
efforts to cheat on clean air ailes, and to take appropriate further action.” 


Volkswagen said it is cooperating with the investigation. 


“We are unable to comment further at this time,” the company said in a statement. 


The affected diesel models include: Jetta (model years 2009 - 2015,) Beetle (model years 2009 - 
2015,) Audi A3 (model years 2009 - 2015,) Golf (model years 2009 - 2015) and Passat (model 
years 2014-2015.) 


International Business Times: 


htt p://www.ibtimes.com/volkswagen-audi-recall-500000-cars-broke-environmental-rules-white- 
house-sav s-2104099 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025593 


Volkswagen And Audi Recall: 500,000 Cars Broke Environmental Rules, White House 
Says 

By Christopher Harress 


The Obama administration Friday forced car manufacturer Volkswagen to recall nearly 500,000 
cars after it was discovered the German automaker had fitted its vehicles with special technology 
that can beat environmental tests for reducing smog, according to a new report. 


The recall, which was imposed after an investigation by the Environmental Protection Agency, is 
expected to affect four-cylinder Volkswagen and Audi cars that were manufactured between 


2009 and 2015. 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” Cynthia Giles, the E.P.A.’s assistant administrator for the Office of Enforcement and 
Compliance, told the New York Times. 


“Working closely with the California Air Resources Board, E.P.A. is committed to making sure 
that all automakers play by the same mles. E.P.A. will continue to investigate these veiy serious 
violations.” 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 12:52 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


Detroit News: 


http://www.detroitnews.com/story/business/autos/foreign/2015/09/18/epa-vw-diesel-vehicles- 
violated-emissions-rules/72401296/ 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025594 



EPA: 482KVW diesel vehicles violated emissions rules 


David Shepardson 


Washington — The Environmental Protection Agency and the state of California said 
Volkswagen AG violated federal law by allowing 482,000 diesel VW and Audi cars sold since 
2009 to evade emissions requirements using sophisticated software. 


The announcement is a big setback to the German automaker that has made diesel vehicles a big 
part of its U.S. strategy. VW could face fines or criminal prosecution and must immediately 
prevent those vehicles from being able to defeat emissions rules. 


VW concealed facts but has now admitted wrongdoing, said Cynthia Giles, assistant 
administrator for the Office of Enforcement and Compliance Assurance. “We expected better 
from VW,” she said. 


The agencies allege that four-cylinder Volkswagen and Audi diesel cars from model years 2009- 
2015 include software that circumvents EPA emissions standards for certain air pollutants. 
California is separately issuing an In-Use Compliance letter to Volkswagen, and EPA and the 
California Air Resources Board have initiated investigations based on Volkswagen’s alleged 
actions. 


EPA said the vehicles software “detects when the car is undergoing official emissions testing, 
and turns full emissions controls on only during the test.” The vehicles include diesel Golf, Jetta, 
Sportwagen, Beetle and Audi A3 vehicles built from 2009-2015. 


EPA said “the effectiveness of these vehicles’ pollution emissions control devices is greatly 
reduced during all normal driving situations. This results in cars that meet emissions standards in 
the laboratory or testing station, but during normal operation, emit nitrogen oxides, or NOx, at up 
to 40 times the standard. The software produced by Volkswagen is a ‘defeat device,’ as defined 
by the Clean Air Act.” 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025595 



NOx pollution contributes to nitrogen dioxide, ground-level ozone, and fine particulate matter. 
EPA said exposure has been linked to serious health issues, including increased asthma attacks 
and other respiratory illnesses that can be serious enough to send people to the hospital. 
“Exposure to ozone and particulate matter have also been associated with premature death due to 
respiratory-related or cardiovascular-related effects. Children, the elderly, and people with pre¬ 
existing respiratory disease are particularly at risk for health effects of these pollutants,” EPA 
said. 


This is the latest example of automakers not following the miles per gallon and emissions rules. 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” said Giles. “Working closely with the California Air Resources Board, EPA is 
committed to making sure that all automakers play by the same rules. EPA will continue to 
investigate these very serious matters.” 


The Clean Air Act requires vehicle manufacturers to certify to EPA that their products will meet 
applicable federal emission standards to control air pollution, and every vehicle sold in the U.S. 
must be covered by an EPA-issued certificate of conformity. Motor vehicles equipped with 
defeat devices, which reduce the effectiveness of the emission control system during normal 
driving conditions, cannot be certified. 


“Working with U.S. EPA we are taking this important step to protect public health thanks to the 
dogged investigations by our laboratory scientists and staff,” said Air Resources Board 
Executive Officer Richard Corey. “Our goal now is to ensure that the affected cars are brought 
into compliance, to dig more deeply into the extent and implications of Volkswagen’s efforts to 
cheat on clean air rules, and to take appropriate further action.” 


The issue first came to the attention of the agencies in 2014 after independent analysis by 
researchers at West Virginia University, working with the International Council on Clean 
Transportation, a non-governmental organization, raised questions about emissions levels, and 
the agencies began further investigations into the issue. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025596 



Ill September, after EPA and CARB demanded an explanation for the identified emission 
problems, Volkswagen admitted that the cars contained defeat devices, the agencies said. 


EPA said VW must recall the vehicles. EPA said “owners should know that although these 
vehicles have emissions exceeding standards, these violations do not present a safety hazard and 
the cars remain legal to drive and resell. Owners of cars of these models and years do not need to 
take any action at this time.” 


AP (via ABC News): 


://abcnews.go.com/Politics/trump-candidates-criticize-donald-muslim- 
comments/ story ? i d=33858500 


EPA Says VW Intentionally Violates Clean Air Standards 


By MATTHEW DALY, ASSOCIATED PRESS WASHINGTON — Sep 18, 2015, 12:42 PM 
ET 


The Environmental Protection Agency says nearly 500,000 Volkswagen and Audi diesel cars 
built in the past seven year are intentionally violating clean air standards by using software that 
evades EPA emissions standards. 


The EPA says the cars include a device programmed to detect when the car is undergoing 
official emissions testing. The cars only turn on full emissions control systems during that 
testing. The EPA says the controls are turned off during normal driving situations. 


The EPA called the 


company's use of the device illegal and a threat to public health. 


The EPA called on VW to fix the cars' emissions systems, but said car owners do not need to 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025597 



take any immediate action. 


VW said in a statement it is cooperating with the investigation. 


Bloomberg: 


http://www.bloomberg.com/news/articles/2015-09-18/epa-says-volkswagon-software- 
circumvented-car-emissions-testing 


EPA Says Volkswagen Circumvented Car Emissions Tests 

Jeff Plungis 


Volkswagen AG sold diesel cars with software that circumvented U.S. emissions standards for 
air pollution, the Environmental Protection Agency said. 


The company sold Volkswagen and Audi brand cars from model years 2009-2015 that contained 
a “sophisticated software algorithm” that detects when the car is undergoing official emissions 
testing, and turns on full emissions control, the agency said. During normal driving times, the 
systems don’t operate fully, regulators said. 


The potential fine is $37,500 per vehicle and 482,000 autos are part of the case, yielding a 
potential fine of more than $18 billion, Cynthia Giles, EPA assistant administrator for 
enforcement and compliance, said on a phone call with reporters Friday. 


California is also investigating the claims. 


Volkswagen said in a statement it is cooperating with the investigation and unable to comment 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025598 



further. 


Business Insider: 


http://www.businessinsider.com/Yw-told-to-recall-500000-cars-after-us-govemmeiit-accuses-it- 
of-dodging-clean-air-standards-2015-9 


VW told to recall 500,000 cars after US government accuses it of dodging clean air 
standards 

Benjamin Zhang 


The Environmental Protection Agency has ordered the recall of 500,000 Volkswagen cars. 


According to Coral Davenport of the New York Times, the EPA accused VW of using hidden 
software — called a "defeat device" — to dodge clean air standard during emissions testing. 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” assistant administrator for the Office of Enforcement and Compliance Assurance said 
Cynthia Giles said in a statement. 


“Working closely with the California Air Resources Board, EPA is committed to making sure 
that all automakers play by the same mles. EPA will continue to investigate these very serious 
matters.” 


In response to the recall, Volkswagen issued the following statement to Business Insider. 


"Volkswagen Group of America, Inc., Volkswagen AG and Audi AG received today notice from 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025599 



the US Environmental Protection Agency, US Department of Justice and the California Air 
Resources Board of an investigation related to certain emissions compliance matters. VW is 
cooperating with the investigation; we are unable to comment further at this time." 


The recall affects 482,000 diesel powered cars sold in the US since 2008. They include: 


Volkswagen Jetta TDI: 2009-20015 
Volkswagen Beetle TDI: 2009-2015 
Audi A3 TDI: 2009-2015 
Volkswagen Golf TDI: 2009-2015 
Volkswagen Passat TDI: 2014-2015 


This story is developing. We will update when more information is available. 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 12:42 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


Washington Examiner: 


http://www.washirigtonexaminer.com/epa-savs-aiidi-vw-cheating-on-emissions/article/2572404 


EPA says Audi, VW cheating on emissions 

By JOHN SICILIANO 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025600 



The Environmental Protection Agency and California regulators charged automakers 
Volkswagen and Audi on Friday with purposefully violating emission standards in their line of 
diesel cars. 


EPA accused the automakers of using a device in their vehicles to get around the pollution mles. 
According to EPA, the device regulates emissions, but only turns on and works while emissions 
are being tested. 


"Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health," said Cynthia Giles, EPA assistant administrator for the agency's enforcement office. 
"Working closely with the California Air Resources Board, EPA is committed to making sure 
that all automakers play by the same mles. EPA will continue to investigate these very serious 
matters." 


Giles said VW was "concealing facts" about the devices. The vehicle models involved include 
the popular Jetta, Audi A-3, Passat and the iconic Beetle, and in model years 2009-2015. The 
violations cover 482,000 diesel passenger cars. 


The EPA's announcement isn't a final decision, but is a clear sign that the EPA believes it has a 
case against the automakers, one that could lead to fines as large as $37,000 per vehicle. All 
together, the combined fines could pile up to $18 billion. 


An EPA statement said "California is separately issuing an In-Use Compliance letter to 
Volkswagen, and EPA and the California Air Resources Board ... have both initiated 
investigations based on Volkswagen's alleged actions." 


"Working with US EPA we are taking this important step to protect public health thanks to the 
dogged investigations by our laboratory scientists and staff," the California board's CEO Richard 
Corey said. "Our goal now is to ensure that the affected cars are brought into compliance, to dig 
more deeply into the extent and implications of Volkswagen's efforts to cheat on clean air rules, 
and to take appropriate further action." 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025601 



WPTZ: 


htt p://www.wptz.com/monev/epa-acciises-vw-of-cheatiiig-on-emission-rules/35352250 


EPA accuses VW of cheating on emission rules 

Published 12:29 PM EDT Sep 18, 2015 


NEW YORK (CNNMoney) —Diesel cars from Volkswagen and Audi cheated on clean air rules 
by including software that made the cars look cleaner than they actually were, according to 
federal and California regulators. 


The regulators say that the software on the cars turned up the emission controls only when it 
could tell that the car was being tested. 


"The effectiveness of these vehicles' pollution emissions control devices is greatly reduced 
during all normal driving situations," said the Environmental Protection Agency's notice to the 
company. "This results in cars that meet emissions standards in the laboratory or testing station, 
but during normal operation, emit nitrogen oxides at up to 40 times the standard." 


There are nearly 500,000 of the diesel cars on U.S. roads. The models include the VW Jetta, the 
Beetle and the Golf from model years 2009 through 2015, the Passat from 2014-2015 as well as 
the Audi A3, model years 2009-2015. The luxury brand is owned by Volkswagen. 


Owners of the affected cars do not face health risks according to the EPA and can to continue to 
drive or sell the cars. But the EPA says that VW will be responsible for fixing the problem. 


Volkwagen did not immediately respond to a request for comment. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025602 



City AM: 


htt p://www.citvam.com/224676/volkswagen-told-recall-500000-vehicles-over-emissions 


Volkswagen told to recall 500,000 vehicles over emissions 

by Catherine Neilan 


Volkswagen has been ordered to recall nearly half a million cars in the US by the Obama 
administration, which claims the German car group used software that was purposely designed to 
dodge environmental standards for reducing smog. 


The US government's Environmental Protection Agency issued the company a notice of 
violation this afternoon, accusing Volkswagen of having installing a "defeat device" into its four- 
cylinder Volkswagen and Audi vehicles between 2009 and 2015, according to the New York 
Times. 


The device is programmed to detect when the car is undergoing emissions test, during which 
time it will turn on its full emissions control systems. These controls are reportedly then turned 
off when the car is driving in "normal" situations, when the cars pollute more heavily than 
reported by Volkswagen, the EPA claims. 


The government agency estimates that 482,000 diesel passenger vehicles are affected. 


Volkswagen could not be contacted at the time of publication. 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 12:33 PM 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025603 



To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


Washington Times: 


htt p://www.washingtontimes.com/news/2015/sep/18/epa-volkswagen-used-software-cheat- 

emissions-tests/ 


EPA: Volkswagen used ‘sophisticated software’ to cheat emissions tests 

By Ben Wolfgang - The Washington Times - Friday, September 18, 2015 


The Obama administration on Friday accused Volkswagen of using a “sophisticated software 
algorithm” to cheat on emissions testing and mask the fact that some models emit too much 
harmful pollution. 


Some Volkswagen cars from model years 2009 to 2015, the Environmental Protection Agency 
said, include software that can detect when they’re undergoing emissions testing. Full emissions 
controls were activated only during testing and then automatically shut down during normal 
operation, the agency charged. 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” said Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and 
Compliance Assurance. “Working closely with the California Air Resources Board, EPA is 
committed to making sure that all automakers play by the same rules. EPA will continue to 
investigate these very serious matters.” 


During normal operation, the “defeat device” allowed Volkswagen cars to emit nitrogen oxides 
at up to 40 times the federal threshold as laid out in the Clean Air Act. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025604 



The EPA has issued “a notice of violation” to the automaker, and the state of California has 
launched its own investigation into the matter. Volkswagen could face civil penalties for the 
violations, the agency said. 


The allegations apply to about 482,000 diesel passenger cars sold since 2008, including Jettas, 
Beetles, Audi A3s, Golfs and other models. 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 12:26 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 

Subject: RE: Volkswagen Clips 9/18/2015 


USA Today: 


http://www.usatoday.com/story/money/cars/2015/09/18/epa-accuses-volkswagen-audi-evading- 
emission-laws/72400018/ 


EPA accuses Volkswagen, Audi of evading emission laws 

Nathan Bomey, USA TODAY 12:12 p.m. EDT September 18, 2015 


The German automaker adopted a "defeat device" to trick regulators, the EPA said. 


The Environmental Protection Agency on Friday accused Volkswagen of installing software on 
certain cars in the U.S. to evade federal emission regulations, potentially exposing people to 
harmful pollutants. 


The German automaker adopted what the EPA called a "defeat device" to trick U.S. regulators 
into believing that its cars met Clean Air Act standards, the federal agency said in a statement. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025605 



The agency said 482,000 cars violated federal standards, including four-cylinder Volkswagen 
cars from 2009-15 and Audi diesel cars from the same period. They included the Volkswagen 
Jetta, Beetle, Golf and Passat, and the Audi A3. 


Volkswagen, whose brands include the luxury Audi lineup, may face fines or other penalties, the 
EPA said. 


The cars are still safe to drive, the EPA said, and owners do not need to take immediate action. 
But the agency will require Volkswagen to fix the cars for free. 


Newsweek: 


http://www.newsweek.com/epa-volkswagen-software-cheat-cleaii-air-rules-373869 


EPA: Volkswagen Used Software in Cars to Cheat on Clean Air Rules 

BY ZOE SCHLANGER 9/18/15 AT 12:14 PM 


A U.S. Environmental Protection Agency investigation has concluded that for years Volkswagen 
has been installing software in its vehicles that circumvents federal emissions standards for air 
pollution, the agency announced Friday. 


EPA alleges that Volkswagen installed a “sophisticated software algorithm on certain 
Volkswagen vehicles” that could detect when the car was being tested for emissions. The 
software would turn full emissions controls on only during the official test. “This results in cars 
that meet emissions standards in the laboratory or testing station, but during normal operation, 
emit nitrogen oxides, or NOx, at up to 40 times the standard,” EPA said in a press release. They 
called the software a “defeat device,” deliberately installed to evade the Clean Air Act standards. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025606 



This “defeat device” was found in several car models, from 2009 models up to 2015 models, 
according to EPA: 


Jetta (Model Years 2009 - 2015) 

Beetle (Model Years 2009 - 2015) 

Audi A3 (Model Years 2009 - 2015) 

Golf (Model Years 2009 - 2015) 

Passat (Model Years 2014-2015) 

In total, this includes about 482,000 passenger cars. 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” Cynthia Giles, EPA's Assistant Administrator for the Office of Enforcement and 
Compliance Assurance, said in a statement emailed Friday. The agency worked with California 
regulators to investigate the automobile manufacturer and issue a notice of violation. 


“Our goal now is to ensure that the affected cars are brought into compliance, to dig more deeply 
into the extent and implications of Volkswagen’s efforts to cheat on clean air rules, and to take 
appropriate further action,” California Air Resources Board Executive Officer Richard Corey 
said in the statement. 


Volkswagen has yet to respond publicly to the EPA allegations. Newsweek has reached out to 
the company for comment, and we will update if they respond. 


From: Gong, Kristiene 

Sent: Friday, September 18, 2015 12:20 PM 

To: Purchia, Liz; Allen, Laura; Abrams, Dan; Reynolds, Thomas; Conger, Nick; Senn, John; 
Millett, John; Birgfeld, Erin; Hull, George; Daguillard, Robert 
Cc: Smith, Roxanne 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025607 



Subject: Volkswagen Clips 9/18/2015 


NY Times: 


http://www.nvtimes.com/2015/09/19/busipess/volkswagen-is-ordered-to-recall-nearlv-50000Q- 
vehicles-over-emissions-software.html? r=0 


Volkswagen Is Ordered to Recall Nearly 500,000 Vehicles Over Emissions Software 

By CORAL DAVENPORT SEPT. 18, 2015 


WASHINGTON — The Obama administration on Friday ordered Volkswagen to recall nearly a 
half million cars from the road, saying the German automaker used software intentionally 
designed to circumvent environmental standards for reducing smog. 


The Environmental Protection Agency issued the company a notice of violation and accused the 
company of breaking the law by installing software known as a “defeat device” in 4-cylinder 
Volkswagen and Audi vehicles from model years 2009-15. The device is programmed to detect 
when the car is undergoing official emissions testing, and to only turn on full emissions control 
systems during that testing. Those controls are turned off during normal driving situations, when 
the vehicles pollute far more heavily than reported by the manufacturer, the E.P.A. said. 


“Using a defeat device in cars to evade clean air standards is illegal and a threat to public 
health,” said Cynthia Giles, the E.P.A.’s assistant administrator for the Office of Enforcement 
and Compliance. “Working closely with the California Air Resources Board, E.P.A. is 
committed to making sure that all automakers play by the same rules. E.P.A. will continue to 
investigate these very serious violations.” 


The software was designed to conceal the cars’ emissions of the pollutant nitrogen oxide, which 
contributes to the creation of ozone and smog. The pollutants are linked to a range of health 
problems, including asthma attacks and other respiratory diseases. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025608 



The state of California has issued a separate notice of violation to the company. California, the 
E.P.A. and the Justice Department are working together on an investigation of the allegations. 


The allegations cover roughly 482,000 diesel passenger cars sold in the United States since 2009. 


Affected diesel models include the Volkswagen Jetta (model years 2009-15), Volkswagen Beetle 
(model years 2009-15), Audi A3 (model years 2009-15), Volkswagen Golf (model years 
2009-15) and Volkswagen Passat (model years 2014-15). 


The notice of violation is part of a broader, more aggressive enforcement effort by federal 
environmental regulators on the auto industry. Analysts said it was meant to send a clear 
message to automakers that they will be harshly treated for compromising federal rules. 


It follows a November 2014 announcement of the administration’s largest-ever penalty for a 
violation of the Clean Air Act, in which the government fined the Korean automakers Hyundai 
Motor and Kia Motors a combined $300 million as part of a settlement for overstating vehicle 
fuel-economy standards on 1.2 million cars. 


“They want to make it clear that they’re going to crack down on cheaters,” said Frank 
O’Donnell, president of the environmental advocacy group Clean Air Watch. “They’re cheating 
not only car buyers but the breathing public. They want to lay down the law, enforce the law, 
and show they’re not going to tolerate cheaters. The laws and regulation are only as good as the 
enforcement.” 


The software was designed to conceal the cars’ emissions of the pollutant nitrogen oxide, which 
contributes to the creation of ozone and smog. The pollutants are linked to a range of health 
problems, including asthma attacks and other respiratory diseases. 


The state of California has issued a separate notice of violation to the company. California, the 
E.P.A. and the Justice Department are working together on an investigation of the allegations. 


VW FOIA, EPA 


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The allegations cover roughly 482,000 diesel passenger cars sold in the United States since 2009. 


Affected diesel models include the Volkswagen Jetta (model years 2009-15), Volkswagen Beetle 
(model years 2009-15), Audi A3 (model years 2009-15), Volkswagen Golf (model years 
2009-15) and Volkswagen Passat (model years 2014-15). 


The notice of violation is part of a broader, more aggressive enforcement effort by federal 
environmental regulators on the auto industry. Analysts said it was meant to send a clear 
message to automakers that they will be harshly treated for compromising federal rules. 


It follows a November 2014 announcement of the administration’s largest-ever penalty for a 
violation of the Clean Air Act, in which the government fined the Korean automakers Hyundai 
Motor and Kia Motors a combined $300 million as part of a settlement for overstating vehicle 
fuel-economy standards on 1.2 million cars. 


“They want to make it clear that they’re going to crack down on cheaters,” said Frank 
O’Donnell, president of the environmental advocacy group Clean Air Watch. “They’re cheating 
not only car buyers but the breathing public. They want to lay down the law, enforce the law, 
and show they’re not going to tolerate cheaters. The laws and regulation are only as good as the 
enforcement.” 


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To: Engel, Bethany (ENRD)[Bethany.Engel@usdoj.gov]; Van Eaton, Josh 

(ENRD)[Josh. Van. Eaton@usdoj.gov] 

Cc: Orehowsky, GregoryfOrehowsky.Gregory@epa.gov] 

From: Kaul, Meetu 

Sent: Tue 9/22/2015 8:57:35 PM 

Subject: VW - Additional travel (tentative) reserved for CARB trip 


FYI - Greg and I have also put in reservations for travel to CARB. Flying out on the morning of 
Tuesday Oct. 6 and returning on Friday Oct. 9 th . 


Flying from IAD to LAX via United flight 1939 at 12:30pm on 10/6 


Returning via United flight 1595 at 8:40 am 


Staying in Doubletree hotel in Rosemead, CA (888 Montebello Blvd). 



Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


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To: 

Cc: 


Ex. 7 

_ i 

— ■ tfTl. — . _T-_ . .TV. r^m _ .WTtaTW. *r. .■.■.■.lAaaa.a. im. . 

Ex. 7 

r I’I’Pi rfy, ’ LTn c[w e’hfly”.'(7h c’^ e p aTg’ov J ;”’Co Fi e’n,’ 


Janet[cohen. janet@epa.gov] 

From: Bunker, Byron 

Sent: Tue 9/22/2015 9:10:57 PM 

Subject: RE: Time to talk VW today? 


Thanks 


Ex. 7 


Would you mind calling my personal cell phone 
with it here than I am with my work cell. 


Ex. 6 


I am getting better reception 


Thanks, 


Byron 


tXs> tXs> tXs> oXf> oXfi tXs> (Xs> f>Jj> f>Jj> U# f>Jj- U# eXs> o^j. cXfi 


Byron Bunker 

Director Compliance Division 
Office of Transportation and Air Quality 
Environmental Protection Agency 


2000 Traverwood Drive 


Ann Arbor, MI 48105 


Bunker. By ron@epa. gov 
Phone: (734)214-4155 
Mobile: (734) 353-9623 


eXfi ajj> tXfi aXfi eXfi eXfi eXfi oXfi oXffi ojj, oJj> oJj> ejj> ojj, cjj> tXfi ejjt cXfi eXfi cXfi ojjt ojj, oXfi cjjt oX? ajjt <X& cXfi cXfi <Xfi 

<ej*» trfis *»£<» *»£<» a»p> a»p. iPfo a»p. T'Jh. T'Jk- T'JT pgk 


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Fromj EX. 7 

Sent: ‘luesaayrsepteffiOer zzrzors'sros-pOT' 
To: Bunker, Byron 
Cc: 1 

I_ 

Janet 

Subject: Re: Time to talk VW today? 


Ex. 7 


Wehrly, Line; Cohen, 


Looks like tomorrow afternoon. 130 pdt is good. 



need your help in this please. 


Byron I can call you after meeting and. Score dinner tonight. What number 
Sent from my ARB iPhone 


On Sep 22, 2015, at 1:56 PM, Bunker, Byron < bunker.byron@epa.gov > wrote: 



Ex. 7 


A call tomorrow can work for me. Is there a time that works better for you and your team? 

I am at a renewable fuels conference in Iowa talking about the RFS program today and 
tomorrow. I can break away almost any time to talk. I am assuming that Line and team can 
be pretty flexible. Line, please let us know if there are any better or worse times. 


If you could spare 10 minutes, I would like to see if the two of us could catch up this 
evening (5:15 your time, 7:15 CDT in Iowa)? 


Thanks, 


Byron 


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aJjfi ejjfi e&fi a*J# a*?^. a*?^ ejj> ftj# a*£$. />& t>&p c^ij> c>Jj> ftj# ftj# aJj> ftj# ejj> citj> ejj> oJj> ejj/ 

t?p» tPp» tPp» iPp» <rp» iPfe iPp» iPfe iPfi iPfe 


Byron Bunker 

'Director Compliance Division 

Office of Transportation and Air Quality 

Environmental Protection Agency 

2000 Traverwood Drive 

Ann Arbor, MI 48105 

Bunker. By ron@epa. gov 

Phone: (734)214-4155 

Mobile: (734) 353-9623 


ojj, oJ.(, ojj, ojj, ojj, bJj, oJj, bJj, oJs> a&f> Q&0 U# U# Uf «i£* bJj> oJj> oJj, oJj, oJj, 

(*P a^y n*J\' H*|'} K’J'} a^y a»£<» a'J-y a»^ <s a»£y> a>Jy a»Jy a»£<» a*^ J*jy J*jy a»^As a»£<» a»2<i> a»£<» a>£<.' a*'^ a>£v a»£<» a^V a*^ a»£V 


From: j Ex. 7 | 

Sent: Tuesday, September 22, 2015 4:42 PM 
To: Bunker, Byron: Ex. 7 j 

Cc: j -*• . — W ehrly, Line; Cohen, Janet 

Subject: Re: Time to talk VW today? 


Booked up today with si77 visit today till 500. Tomorrow is better for me. 
Sent from my ARB iPhone 

On Sep 22, 2015, at 1:01 PM, Bunker, Byron < bunker.byron@epa.gov > wrote: 



Ex. 7 

I_j 


Hoping that you are feeling better. If you can spare some time, I would like to get on 


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the phone with you and our teams to discuss a couple of VW issues: 



If there is a time that can work for you, we will be glad to work around your 
calendars. Just let me know. 

Thanks, 

Byron 

kb vf> ^ ^ kt/ kt^ kt/ kt^ 

rp rjS rj^ rJS rj^ rJS rj^ rj^ rJS rJS rJS rJS 

Byron Bunker 

Director Compliance Division 
Office of Transportation and Air Quality 
Environmental Protection Agency 
2000 Traverwood Drive 
Ann Arbor, MI 48105 

Phone: (734)214-4155 
Mobile: (734) 353-9623 


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kj> vf> k.I> kj> yf> yf> k]> kJ> *.J/ *.J<< vj/ kJ/ ^ k|> ^ kJ> vj> vj> vj> vj> 

#y» #y% #p» rj* ^ ^ rj* rp» ^ #p» ^1 rj% ^ ^ ^ rp rp rp rp rp #p #p #p #p 


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From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Tue 9/22/2015 9:19:03 PM 

Subject: VW vows to get to bottom of scandal as probe widens 

MAIL_CONVERSATION_TOPIC: VW vows to get to bottom of scandal as probe widens 

Created: Fri 3/18/2016 6:18:17 PM 

(Updates with Rosekind comment in the final paragraph.) (Bloomberg) — Volkswagen AG 
Chief Executive Officer Martin Winterkom... 

View article... 


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To: Birgfeld, Erin[Birgfeld.Erin@epa.gov] 

From: Grundler, Christopher 

Sent: Tue 9/22/2015 9:27:12 PM 

Subject: Re: Question on comments to Detroit News 

Pis share what we sent, plus what goes to Shep 

Christopher Grundler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 

On Sep 22, 2015, at 1:36 PM, Birgfeld, Erin < Birgfeld.Erin@,epa.gov > wrote: 


Responses sent. 


From: Grundler, Christopher 

Sent: Tuesday, September 22, 2015 1:21 PM 

To: Birgfeld, Erin 

Subject: Fwd: Question on comments to Detroit News 


Christopher Grundler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 

Begin forwarded message: 

From: "Jeff Plungis (BLOOMBERG/NEWSROOM:)" <jplungis@,bloomberg.net > 
Date: September 22, 2015 at 1:16:36 PM EDT 
To: < grundler.christopher@,epa.gov > 

Subject: Question on comments to Detroit News 
Reply-To: Jeff Plungis <iplungis@bloomberg.net > 

Chris: 


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I'm trying to confirm the on-the-record comments you made to the Detroit News 
yesterday, that EPA is expanding its review to include the Audi 3.0L V6 and 
Porsche Cayenne, which has the same engine. Both already were certified for 
2016. And that the engines were certified before the agency knew the 
information about VWs defeat device. 


This information is now public. We'd just like to confirm with the original source 
that it's true and be as accurate as we can in our descriptions going forward. 


I have been working with Liz Purchia and Julia Valentine in the press office but 
haven't heard from them since last night. 


Jeff Plungis 
Bloomberg News 
1399 New York Avenue, NW 
Washington, DC 20005 
202/624-1835 (direct) 

Ex. 6 

TpTungls'@FloomT5erg7net 

Twitter: @jplungis 


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From: [_Ex._7j@ait>.ca.gov 

Location: conference call 

Importance: Normal 

Subject: call with Byron Bunker on VW issues 

Start Date/Time: Wed 9/23/2015 8:30:00 PM 

End Date/Time: Wed 9/23/2015 9:30:00 PM 


877 - 996-7515 


Ex. 6 

Leader L. J.?:.®. 

To discuss: 


j (Jackie) 



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To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: Birgfeld, Erin 

Sent: Tue 9/22/2015 9:35:15 PM 

Subject: FW: EPA Clarification of Expanded testing - 


Hi Chris. 


This is what went to Jeff Plungis of BBerg. I requested that Julia send Shepardson the 
highlighted section. 


EPA has not expanded the number of vehicles listed in the Notices of Violation sent to 
Volkswagen on Friday September 18. 


Separate from the investigation, EPA’s Office of Transportation Air Quality has expanded its 
routine vehicle compliance and oversight testing. Expanded testing is prompted by 
Volkswagen’s actions and is not related to specific information about any other manufacturer. 
EPA and the California Air Resources Board are working together to acquire vehicles for 
additional testing. The focus is on light duty diesel vehicles from multiple manufacturers but 
could expand to include gasoline vehicles. 


ON BACKGROUND: Chris Grundler confirmed that EPA and CARB are procuring vehicles now 
for in use screening tests. This is not a confirmation of an expansion of the investigation 
launched on Friday. Instead, this is EPA describing what we are doing to enhance standard 
compliance and oversight procedures in light of recent information about VW’s defeat devices. 


Julia P. Valentine 
Office of Public Affairs 
U.S. EPA 

202.564.2663 direct 
202.740.1336 m/txt 


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Sent from my Windows Phone 


From: Valentine, Julia 

Sent: 9/22/2015 8:41 AM 

To: Conger, Nick : Millet!, John : Birgfeld, Erin : Senn, John 
Cc: Purchia, Liz 

Subject: Fwd: EPA response 



Sent from USEPA iPhone 


Begin forwarded message: 

From: "JeffPlungis (BLOOMBERG/NEWSROOM:)" 

<i plungis@bloomberg.net > 

Date: September 22, 2015 at 8:38:06 AM EDT 

To: < Valentine.Julia@epa.gov >. < Purchia.Liz@epa.gov > 

Subject: Re: EPA response 

Reply-To: JeffPlungis <iplungis@bloomberg.net > 

Checking to make sure that you saw that the Detroit News published 
its story with this section: 


Christopher Grundler, director of the EPA’s Office of Transportation 
and Air Quality, told The News that his agency is expanding its review 
to the Audi 3.0L V6 and Porsche Cayenne, which has the same 
engine. Both already were certified for 2016. Audi, VW’s luxury brand, 
also uses that engine in the diesel Q5, A6, A7 and A8. 


“They were certified well before we knew what we know now,” 
Grundler said. 


He reiterated the agency will not certify the 2016 diesel 2.0-liter 
engine until the automaker demonstrates that the engines meet U.S. 


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emissions standards. 


So you have one of the EPA's highest-ranking officials speaking on 
the record about a development in one of the biggest automotive 
news stories in recent years, maybe ever. To be clear, I'm asking 
whether Mr. Grundler was quoted accurately. It's a yes or no 
question. 


Please get back to me as soon as you can. 


Jeff Plungis 
Bloomberg News 
1399 New York Avenue, NW 
Washington, DC 20005 
202/624-1835 (direct) 

202/744-9768 (mobile) 
iplunqis@ bl oomberg.net 
Twitter: @jplungis 

From: Purchia.Liz@epa.gov At: Sep 21 2015 22:08:49 

To: Valentine.Julia@epa.gov 

Cc: JEFF PLUNGIS (BLOOMBERG/ NEWSROOM:) 

Subject: Re: EPA response 

Hi Jeff - we're checking with our enforcement office on the latest 
with the investigation and will get back to him in the morning. 
Sorry to not have more detail to share right now. 

Liz Purchia 

U.S. EPA 


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202-564-6691 


202-841-2230 


On Sep 21,2015, at 10:07 PM, Valentine, Julia 

< Valentine.Julia@epa.gov > wrote: 

Jeff, 


Liz Purchia will help you with this. 


From: Jeff Plungis (BLOOMBERG/ NEWSROOM:) 
<iplun qis@bl o omberq.net > 

Sent: Monday, September 21,2015 8:41 PM 
To: Valentine, Julia 
Subject: Re:EPA response 


Julia: 


Thanks for the response. We got the EPA comments in the story. 


On another question, the Detroit News is reporting that EPA told 
them the VW investigation is expanding to include the 3.0 liter 
diesel engine used by Audi and in the Porsche Cayenne SUV. 
Can you confirm? 


VW FOIA, EPA 


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Jeff Plungis 
Bloomberg News 
1399 New York Avenue, NW 
Washington, DC 20005 
202/624-1835 (direct) 

202/744-9768 (mobile) 
iplunqis@bloomberg.net 
Twitter: @jplungis 

From: Valentine.Julia@epa.gov At: Sep 21 2015 18:15:52 

To: JEFF PLUNGIS (BLOOMBERG/ NEWSROOM:) 

Subject: Re: EPA response 

Hi Jeff. 


Sorry this took a bit. 


Responses below attributable to EPA spokesperson. If you 
need a specific name you may use Liz Purchia. 


— Can you point me to any kind of overview on how the 
EPA recall process works? 


EPA did not issue a recall or require VW to implement 
one when it issued the Notice of Violation on 
Friday. (OTAQ can add more about recall if we want) 


— Are there any recent recent examples involving other 
automakers on a compliance issue of this scale? 


We have seen manufacturers installing defeat devices 


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before. For example, a 1998 settlement and consent 
decree resolved alleged Clean Air Act violations related 
to installing defeat devices in many large truck engines 
throughout the 1990s. There are no recent similar cases 
to compare this to. Recent defeat device cases - within 
the last 10 years or more - have dealt with aftermarket 
installation. 


— Anything you can tell us about timing with VW, how 
soon a recall could be ordered? 


EPA expects to compel VW to issue a recall in the future 
to reduce the emissions impacts of these vehicles. 
Owners will be notified of that recall once Volkswagen 
and Audi have developed a remedial plan and EPA has 
approved the plan. Manufacturers are given a reasonable 
amount of time to develop a plan to complete the repairs, 
including both the repair procedure and manufacture of 
any needed parts. 


-- Could you order consumers to be compensated, 
aside from a free repair? 


Federal courts can order equitable remedies in 
enforcement cases under the Clean Air act. The case is 
under investigation and that includes what remedies 
would be appropriate to seek. 


— Are you considering ordering VW to do more than a 
recall, in order to to compensate for the environmental 
damage of all the years of non-compliant cars? 


EPA will require VW to remedy the noncompliance. 
Determinations regarding potential penalties and other 


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remedies will be assessed as part of the investigation 
EPA has opened in conjunction with the U.S. 
Department of Justice. 


— Some consumers probably won't want to do the 
repairs, especially if the reprogramming affects the cars' 
fuel economy or performance. Would the agency factor 
that in as it considers an appropriate remedy for VW? 


Some states require proof that emissions recalls have 
been performed prior to issuing the vehicle registration. 
Even in states that do not have this requirement, it is 
important to have emissions recalls performed because 
without the repairs, vehicles may be emitting harmful 
pollutants in excess of the federal emission standards. 

Sent from USEPA iPhone 


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To: Brooks, Phillip[Brooks.Phillip@epa.gov] 

From: EnergyGuardian 

Sent: Tue 9/22/2015 9:44:45 PM 

Subject: Clinton comes out against Keystone XL as 'distraction' 


Advertise I Contact 



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Sage grouse plan drives splits among GOP, greens and oil groups 
VW CEO says he's 'endlessly sorry* for tarnishing brand 
Tennessee lawmakers plan hearings on VW emissions scandal 
Leonardo DiCaprio says he's shedding fossil fuel investments 
Puerto Rico power company reaches deal with certain lenders 
Ad featuring kids, mushroom cloud slams Bennet for Iran vote 
Caribbean braces for worsening drought as dry season nears 
Ukraine's richest man wields electricity as weapon, plays both sides of war 


VW FOIA, EPA 


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Guyana says Venezuela deploys troops to disputed border 


Swedish utility Vattenfall sells its German coal plants 

Obama administration changing financial requirements for offshore drillers 

Democrats’ energy bill aims for steeper emissions cuts 

FERC: Total manipulated natqas market in Southwest 

U.S. oil drops on concerns about lower demand 

Fund managers to move $2.6T away from fossil fuels 

Biackhawk picks up most mines at Patriot auction 

Cap and trade cheaper than RFS: MIT Economists 

Bush to ditch EPA reqs 

Oakland in uproar over possible coal exports from city terminal 
Upcoming Events 



Sage grouse plan drives splits among GOP, greens 
and oil groups 


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By Kevin Rogers 


The greater sage grouse won't require protection under the Endangered Species Act, thanks 
to “unprecedented” federal and state cooperation on a conservation plan that supporters 
hailed as a new path forward for species management. 

But the move against listing the bird as threatened or endangered splintered traditional 
alliances across the political spectrum, generating divisions among Republicans, among 
environmental groups, and even among oil and gas producers, as they debated whether the 
management program was a model of compromise or a fig leaf covering more regulatory 
overreach. 

In lieu of a listing, the Interior Department, 11 state governments and private stakeholders 
developed a plan that would expand protections for the sage grouse to some degree on a total 
67 million acres of federal land. State and private landowners also set aside additional 
acreage to protect the species, though Interior officials weren't able to provide a number. 

The department estimated that 90 percent of medium- or high-probability oil and gas reserves 
are located outside the sage grouse habitat and so are unaffected by the plan. 

The plan's three-tiered approach seeks to limit surface disruptions to sage grouse habitats 
from new development; improve habitat conditions through mitigating existing damage, and 
improve monitoring of all sage grouse habitats; while reducing the threat of wildfires by 
proactively managing highly flammable invasive plant species such as cheat grass. 

Across the 67 million acres designated as sage grouse habitat, developers will be required to 
minimize surface disruptions. But the strongest protections would fall across 12 million acres 
of high priority habitat touching parts of 10 states, where new development of both fossil 
energy and renewables would be limited unless it would have no impact or positive impact 
on the habitat, Interior officials said. 

While officials estimate that only 10 percent of likely fossil reserves are in the protected sage 
grouse habitat, it is unclear what proportion—if any—are located in the high-priority area. 

At a ceremony in Colorado, Interior Secretary Sally Jewell and federal and state supporters 
of the plan said the landscape-scale approach represents a new path forward for species 
protection and federal-state cooperation. 

“I think what we are witnessing here is a glimpse into the future of the West,” Jewell said. 
“There are other species out there, like the greater sage grouse, that will be the canary in the 
coal mine, that are going to warn us that our development and the old ways of doing things 
may not be sustainable. But today, we've proven we can take smart, science-based, forward- 
looking steps for a healthy ecosystem and a healthy economy.” 

Reaction to the announcement, however, revealed divisions among stakeholders of every 
type. 


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Some Republicans contended that western states are no better off, that today's steps amount 
to a “de facto” listing rather than a formal designation. 

“Don't be fooled,” House Natural Resources Committee Chairman Rob Bishop, R-Utah, said 
in a statement. “The announcement not to list the sage grouse is a cynical ploy. With the 
stroke of a pen, the Obama administration’s oppressive land management plan is the same as 
a listing.” 

Bishop has scheduled a hearing on the agreement, as well as other state energy issues, Sept. 
30. 

Sen. Dean Heller, R-Nev., accused the federal government of coercing western states to 
comply. 

“This has been an issue of the Department of the Interior using the threat of a listing to get 
what it really wanted all along: limiting Nevadans’ access to millions of acres of land,” he 
said in a statement. 

Heller's argument ran contrary to the Republican governors who flanked Jewell during the 
announcement, including his home-state governor, Brian Sandoval. Sandoval said Jewell was 
the “right person at the right time” to strike a deal, and said the agreement represented a 
potential shift in relations between the federal government and Western states. 

“There's been a long relationship, perhaps a love-hate style relationship through the years,” 
he said, speaking of his state's history with the federal government. “We developed this trust, 
and it's not easy in Nevada. It's a lot easier to fight than it is to work together.” 

And Republican Gov. Matt Mead of Wyoming defended the plan as being in sync with the 
intended goals of the Endangered Species Act—to protect habitats to avoid the more drastic 
protection efforts that would come with a listing. 

“If you think about the Endangered Species Act of 1973, there's nothing in that act that says 
the goal is to list species,” he said. “The goal is to make sure we take care of our species, take 
care of our habitats so that we don't have to list species.” 

The decision also drew a mixed response from environmental and conservation 
organizations. Natural Resources Defense Council President Rhea Suh, a former nominee to 
oversee Interior's fish, wildlife and parks policies, called the plan a “breakthrough” for 
species protection. 

“It's all hands on deck, with states and private landowners as essential partners with the 
federal government working together for a plan that protects millions of acres across the 
western states to be successful,” she said in a statement. 

But WildEarth Guardians, the group that initially sued Interior to list the sage grouse as 


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endangered, said the administration failed to properly protect the species in an effort to 
dodge political backlash. 

“The government’s proposed plans fall far short of ensuring this iconic, imperiled bird is 
protected from the serious threats posed by fossil fuel extraction, grazing and other types of 
development,” Erik Molvar, a wildlife biologist for the group, said in a statement. 

The nation's most prominent oil and gas industry groups were also divided on the move. 
While the Independent Petroleum Association of America decried the plan as a threat to 
smaller companies, the American Petroleum Institute called it a “science-based” approach 
that charted a better path forward for land management. 

“Despite the numerous private-public partnerships and voluntary conservation efforts to 
conserve the greater sage-grouse and its habitat, America’s energy producers—and in turn, 
the American taxpayers—will suffer from these more-restrictive land management plans,” 
Dan Naatz, IPAA senior vice president of government relations and political affairs, said in a 
statement. 

On a call with reporters, however, API President and CEO Jack Gerard praised the decision 
as the best possible outcome to balance development and conservation 

“We're very comfortable and pleased with the outcome, because frankly, it's science-based,” 
he said. “It shows that under the Federal Land Policy Act that we can indeed have multiple 
uses of the lands, where we're able to produce the energy we need as a nation while at the 
same time protect the habitat of the sage grouse.” 

VW CEO says he's 'endlessly sorry' for tarnishing 
brand 


By Geir Moulson and Pan Pylas 

BERLIN (AP) — Volkswagen AG's smog-test troubles escalated Tuesday as the company 
acknowledged putting stealth software in millions of vehicles worldwide. The scandal has 
now cost VW more than 24 billion euros ($26 billion) in market value. 

Volkwagen stunningly admitted that some 11 million of the German carmaker's diesel 
vehicles contain software that evades emissions controls, far more than the 482,000 
identified by the U.S. Environmental Protection Agency as violating the Clean Air Act. 

Volkswagen also warned that future profits could be affected, and set aside an initial 6.5 
billion euros ($7.3 billion) to cover the fallout. 

CEO Martin Winterkom apologized for the deception under his leadership and pledged a fast 
and thorough investigation, but gave no indication that he might resign. 


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Tennessee lawmakers plan hearings on VW 
emissions scandal 


By Erik Schelzig 

NASHVILLE, Tenn. (AP) — Lawmakers in Tennessee plan to hold hearings over whether 
the Volkswagen emissions scandal could imperil the nearly $900 million in state and local 
incentives that have been directed toward the German automaker's lone U.S. plant in 
Chattanooga. 

Volkswagen has been reeling from revelations that it used secret software to thwart diesel 
smog tests on nearly 500,000 cars in the United States. The company has since admitted that 
the software was installed on some 11 million vehicles, and CEO Martin Winterkom has said 
he's "endlessly sorry" for tarnishing the VW brand. 

Republican state Sen. Bo Watson, who has been a vocal critic of Volkswagen's labor 
policies, cited the state's "significant investment" into the Chattanooga plant in calling for a 
Senate Finance Committee hearing. 

"I am very concerned as to the financial impact these violations could present to the state of 
Tennessee," Watson wrote in a letter to the panel's chairman. "Any action that threatens the 
stability and sustainability of the investment should be reviewed by the finance committee, 
without delay." 


Leonardo DiCaprio says he's shedding fossil fuel 
investments 


By Jennifer Peltz 

NEW YORK (AP) — Leonardo DiCaprio is joining a campaign to use investment decisions 
to fight global warming: He's planning to shed his own investments in fossil fuels, an activist 
group said Tuesday. 

The star of "The Wolf of Wall Street" and "Blood Diamond" joined members of the Divest- 
Invest Coalition as it announced his plans and highlighted growth in such pledges during the 
past year. Advocates say their effort to put pocketbook and social pressure on traditional 
energy producers is gaining momentum; industry groups say the campaign is misguided and 
its impact negligible. 


VW FOIA, EPA 


06/20/2017 


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Students began pressing various colleges in 2011 to drop their fossil fuel holdings and 
increase their stake in renewable energy companies. Now, foundations, pension funds, 
insurers, state and local governments and others worth a total of $2.6 trillion have pledged to 
reduce or eliminate their fossil fuel investments, the coalition said in a report released 
Tuesday. The total is 50 times larger than it was last year, when activists set a goal of tripling 
it before the United Nations climate negotiations planned in Paris in November and 
December. 

"Clearly, our movement is growing faster than expected," said May Boeve, the executive 
director of 350.org, an anti-global-warming group. The coalition says over 430 institutions 
and 2,000 individuals have signed on, compared to about 180 institutions and 650 people a 
year ago. 


Puerto Rico power company reaches deal with 
certain lenders 


By The Associated Press 

SAN JUAN, Puerto Rico (AP) — Puerto Rico's troubled electricity utility says it has reached 
a deal to restmcture about $700 million in expired debt with fuel line lenders. 

The Puerto Rico Electric Power Authority said Tuesday that lenders have two options: 
converting credit agreements into long-term loans or exchanging all or part of expired bonds 
into new bonds worth 85 percent of the existing value. 

Chief Restmcturing Officer Lisa Donahue said the company is still negotiating with 
monoline bond insurers. 

The company owes about $9 billion. It reached a deal earlier this month with some creditors 
to reduce principal owed in exchange for new securities worth 85 percent of the existing 
bonds. 



VW FOIA, EPA 


06/20/2017 


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Ad featuring kids, mushroom cloud slams Bennet 
for Iran vote 


By Erica Werner 

WASHINGTON (AP) — A conservative group is airing an ad showing kids counting down 
to a mushroom cloud to slam Democratic Sen. Michael Bennet of Colorado over the Iran 
nuclear deal. 

The ad by the group Advancing Colorado shows children counting down from 10 in different 
languages, then a huge explosion and billowing cloud. Over charred and smoking rubble it 
claims that Bennet is "jeopardizing our safety" by backing the deal. 

The ad offers a taste of how the GOP may seek to use the Iran issue politically after Senate 
Democrats including Bennet blocked Republican attempts to unravel the deal. Bennet is up 
for re-election next year in a competitive state, though Republicans don't yet have a 
candidate against him. He is the most vulnerable Senate Democrat this cycle, but in 2018 a 
number of potentially vulnerable Democrats will be defending their seats and Republicans 
will likely try to make them pay a price for supporting the agreement. 

The accord backed by the Obama administration and negotiated with Iran and five world 
powers aims to curb Iran's nuclear program in exchange for billions in relief from economic 
sanctions. But Republicans say it will serve only to empower Iran. 


Caribbean braces for worsening drought as dry 
season nears 


By Danica Coto 

SAN JUAN, Puerto Rico (AP) — The most severe drought to hit the Caribbean in recent 
years is expected to worsen despite rains from tropical storms that have replenished some 
reservoirs. 

Forecasters say El Nino phenomenon is gathering strength and will continue to warm the 
tropical Pacific until early next year, which translates into sparse rainfall for this largely 
parched region as the dry season approaches. 

"The real concern will come late in the year," said Adrian Trotman, a forecaster with the 
Caribbean Institute for Meteorology and Hydrology. "We are definitely in a period of relief, 
but it's quite likely the relief will not be as long-lived as we would like it to be." 

Sponsored Links 


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El Nino has produced a quiet hurricane season, which begins in June and ends in November. 
Only two of nine named storms having dumped significant rainfall over parts of the 
Caribbean. 


Ukraine's richest man wields electricity as weapon, 
plays both sides of war 

By Nataliya Vasilyeva 

KRASNODON, Ukraine (AP) — In this town deep in eastern Ukraine's rebel heartland, 
about a quarter of the population works in the coal mines owned by billionaire Rinat 
Akhmetov, Ukraine's richest man. Here and elsewhere in territory controlled by the separatist 
insurgency, the tycoon keeps the lights on and people clothed and fed, with a mixture of jobs, 
electricity and aid. 

At the same time, Akhmetov operates factories on the other side of the frontline, powering 
Ukraine's economy and pouring hundreds of millions in taxes into government coffers. His 
steel products, which are finished in rebel territory, are then shipped to the West — where 
they bring in billions in revenue for Akhmetov that then indirectly props up the separatist 
government. 

The billionaire is able to straddle the frontline by using his fortune and business empire as 
leverage. His companies provide more than 300,000 jobs across Ukraine, most in the rebel- 
held east. Meanwhile, his control over utilities that provide electricity and heating to both 
sides allow him to dictate terms to the government as well as the rebels. Cracking down on 
Akhmetov's factories in government territory would threaten Ukraine's depressed economy, 
while a collapse of utilities in the east would undermine the rebels' grip on power. 

It makes for a striking picture of economic cooperation between enemy areas: Coal produced 
in Krasnodon mines, on rebel territory, travels to the Avdiivka coking plant on the 
government side. Coke is then shipped back to rebel lands, to a metals smelter in Yenakieve, 
and the metals produced there are transported to government territory on the Azov Sea — for 
shipping to the West. 



Guyana says Venezuela deploys troops to disputed 
border 


By Bert Wilkinson 

GEORGETOWN, Guyana (AP) — Guyana's President David Granger said Tuesday that 


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Venezuela has deployed troops to a contested border region in what he called a "dangerous" 
escalation of a long-running dispute between the South American nations. 

The government of President Nicolas Maduro made "extraordinary military deployments," 
along what Guyana considers its western border, Granger told reporters. 

He called the development a "hostile and aggressive" step in a border dispute that dates to the 
19th century but has grown more heated over the past year following a major off-shore oil 
discovery in waters claimed by both nations. 

"We feel that Venezuela is treading a dangerous course at this point in time rather than 
seeking a peaceful resolution of the matter," Granger said. "Venezuela seems to be pursuing 
a very offensive and aggressive course." 





Sponsored Links 



Week in Review - House Panel Moves To Lift Export Ban 

Congress Gears up for Papal Visit. 

Click here to read the brief 


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Obama administration changing financial requirements for offshore 
drillers 


To ensure that offshore operators have the means to dismantle facilities when they’ve 
finished drilling, the Bureau of Ocean Energy Management is proposing adjustments to the 
requirements for financial guarantees, FuelFix reports. 


Democrats’ energy bill aims for steeper emissions cuts 

The goal of the comprehensive energy bill backed by the Senate Democratic leadership and 
sponsored by Energy and Natural Resources Committee ranking member Sen. Maria 
Cantwell, D-Wash., is to cut greenhouse gas emissions two percent per year through 2025, 
The New York Times reports. 


FERC: Total manipulated natqas market in Southwest 

Money losing natural gas purchases made by Total SA between 2009 and 2012 were 
intended to move prices to help the company make money on some of its other trading 
positions, according to Federal Energy Regulatory Commission allegations, The Wall Street 
Journal reports. 


U.S. oil drops on concerns about lower demand 

A nosedive in the stock market that has investors concerned about softer demand was 
pressuring oil prices Tuesday. West Texas Intermediate cmde for October delivery fell 85 
cents to settle at $45.83 a barrel on the Nymex as the contract expired, while in London, 
November Brent gained 16 cents to $49.08, Marketwatch reports. 


Fund managers to move $2.6T away from fossil fuels 


Investment fund fossil fuel divestment totaled $50 billion last year, but the growing pressure 
from environmentalists has jacked the figure up to $2.6 trillion this year, Bloomberg reports. 


Blackhawk picks up most mines at Patriot auction 

Most of the coal mines being auctioned off by bankrupt Patriot Coal Corp. have been picked 

up by Blackhawk Mining LLC, the company said Tuesday, adding that as part of the winning 

Trouble seeing this email? Click here. 


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bid it has offered Patriot lenders an ownership stake, The Wall Street Journal reports. 


Cap and trade cheaper than RFS: MIT Economists 

Modeling done by economists at MIT has found that a carbon cap and trade policy would be 
less expensive than imposing a renewable fuel standard, direct subsidies for renewable fuels, 
or California’s Low Carbon Fuel Standard program, but such a policy doesn’t have the same 
lobbying muscle behind it, E&E reports. 


Bush to ditch EPA reqs 

Complaining that federal regulations “are choking America’s economy,” Republican 
presidential candidate Jeb Bush is promising to scrap many of them, particularly those issued 
by the Environmental Protection Agency, including its carbon rule, water rule and coal ash 
disposal rule, The Hill reports. 


Oakland in uproar over possible coal exports from city terminal 

The news that four Utah coal counties are promising to loan money to a project for an export 
terminal in Oakland—one that originally suggested it wouldn't handle coal—brought 
hundreds of people to a marathon public meeting in the California city Monday night, E&E 
reports. 


Upcoming Events 

• Sep. 22, Washington: The French Ameri-Can Climate Talks to hold a forum on the 
forthcoming United Nations climate talks in December and the role the private sector 
will play. French Ambassador Gerard Araud and International Monetary Fund 
Managing Director Christine Lagarde among scheduled speakers. 3:00 pm , French 
Embassy, 4101 Reservoir Road NW, 20007. 

• Sep. 22, Washington: Resources for the Future to hold a forum to examine the potential 
impact of carbon pricing, through taxes or credits, on low-income households and 
communities. 12:30 pm , 1616 P St. NW. 

• Sep. 22, Commerce City, Colorado: Interior Secretary Sally Jewell to join federal 
officials and Govs., John Hickenlooper, Colo., Matt Mead, Wyo., Steve Bullock, 

Mont., and Brian Sandoval, Nev., to make an announcement regarding the greater sage- 
grouse. 12:00 pm , Rocky Mountain Arsenal National Wildlife Refuge Visitor Center 
6550 Gateway Road Commerce City, CO 80022 

• Sep. 22, Washington: ClearView Energy Partners Managing Director to speak at the 

Trouble seeing this email? Click here. 


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American Gas Association's Natural Gas Roundtable. 12:00 pm , University Club, 1135 
16th Street, NW. 

• Sep. 22, Washington: Senate Democrats led by Energy and Natural Resources Ranking 
Member Maria Cantwell, D-Wash., and Senate Minority Leader Harry Reid, D-Nev., to 
hold a press conference to unveil legislation to promote clean energy and reduce carbon 
emissions. 10:45 am , Mansfield Room (S-207) 

• Sep. 22, Washington: The United States Energy Association to hold a forum on the 
state of the global liquefied natural gas exports and the role the U.S. can play. 
Christopher Goncalves, managing director and co-chair of BRG’s Energy and Natural 
Resources Practice, to speak. 10:30 am , 1300 Pennsylvania Avenue, NW. 

• Sep. 23, Dallas: The Environmental Protection Agency to hold a hearing on its proposal 
to cut methane emissions from new and modified oil and gas systems. 9:00 am , 1500 
Marilla Street Dallas, Texas 75201 

• Sep. 23, Denver: The Environmental Protection Agency to hold a hearing on its 
proposed mle to cut methane emissions at new and modified oil and natural gas sites. 
9:00 am , 1595 Wynkoop Street, Denver, CO 80202. 



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To: Wehrly, Linc[wehrly.Iinc@epa.gov] 

From: EnergyGuardian 

Sent: Tue 9/22/2015 9:44:46 PM 

Subject: Clinton comes out against Keystone XL as 'distraction' 


Advertise I Contact 



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Sage grouse plan drives splits among GOP, greens and oil groups 
VW CEO says he's 'endlessly sorry* for tarnishing brand 
Tennessee lawmakers plan hearings on VW emissions scandal 
Leonardo DiCaprio says he's shedding fossil fuel investments 
Puerto Rico power company reaches deal with certain lenders 
Ad featuring kids, mushroom cloud slams Bennet for Iran vote 
Caribbean braces for worsening drought as dry season nears 
Ukraine's richest man wields electricity as weapon, plays both sides of war 


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Guyana says Venezuela deploys troops to disputed border 


Swedish utility Vattenfall sells its German coal plants 

Obama administration changing financial requirements for offshore drillers 

Democrats’ energy bill aims for steeper emissions cuts 

FERC: Total manipulated natqas market in Southwest 

U.S. oil drops on concerns about lower demand 

Fund managers to move $2.6T away from fossil fuels 

Biackhawk picks up most mines at Patriot auction 

Cap and trade cheaper than RFS: MIT Economists 

Bush to ditch EPA reqs 

Oakland in uproar over possible coal exports from city terminal 
Upcoming Events 



Sage grouse plan drives splits among GOP, greens 
and oil groups 


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By Kevin Rogers 


The greater sage grouse won't require protection under the Endangered Species Act, thanks 
to “unprecedented” federal and state cooperation on a conservation plan that supporters 
hailed as a new path forward for species management. 

But the move against listing the bird as threatened or endangered splintered traditional 
alliances across the political spectrum, generating divisions among Republicans, among 
environmental groups, and even among oil and gas producers, as they debated whether the 
management program was a model of compromise or a fig leaf covering more regulatory 
overreach. 

In lieu of a listing, the Interior Department, 11 state governments and private stakeholders 
developed a plan that would expand protections for the sage grouse to some degree on a total 
67 million acres of federal land. State and private landowners also set aside additional 
acreage to protect the species, though Interior officials weren't able to provide a number. 

The department estimated that 90 percent of medium- or high-probability oil and gas reserves 
are located outside the sage grouse habitat and so are unaffected by the plan. 

The plan's three-tiered approach seeks to limit surface disruptions to sage grouse habitats 
from new development; improve habitat conditions through mitigating existing damage, and 
improve monitoring of all sage grouse habitats; while reducing the threat of wildfires by 
proactively managing highly flammable invasive plant species such as cheat grass. 

Across the 67 million acres designated as sage grouse habitat, developers will be required to 
minimize surface disruptions. But the strongest protections would fall across 12 million acres 
of high priority habitat touching parts of 10 states, where new development of both fossil 
energy and renewables would be limited unless it would have no impact or positive impact 
on the habitat, Interior officials said. 

While officials estimate that only 10 percent of likely fossil reserves are in the protected sage 
grouse habitat, it is unclear what proportion—if any—are located in the high-priority area. 

At a ceremony in Colorado, Interior Secretary Sally Jewell and federal and state supporters 
of the plan said the landscape-scale approach represents a new path forward for species 
protection and federal-state cooperation. 

“I think what we are witnessing here is a glimpse into the future of the West,” Jewell said. 
“There are other species out there, like the greater sage grouse, that will be the canary in the 
coal mine, that are going to warn us that our development and the old ways of doing things 
may not be sustainable. But today, we've proven we can take smart, science-based, forward- 
looking steps for a healthy ecosystem and a healthy economy.” 

Reaction to the announcement, however, revealed divisions among stakeholders of every 
type. 


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Some Republicans contended that western states are no better off, that today's steps amount 
to a “de facto” listing rather than a formal designation. 

“Don't be fooled,” House Natural Resources Committee Chairman Rob Bishop, R-Utah, said 
in a statement. “The announcement not to list the sage grouse is a cynical ploy. With the 
stroke of a pen, the Obama administration’s oppressive land management plan is the same as 
a listing.” 

Bishop has scheduled a hearing on the agreement, as well as other state energy issues, Sept. 
30. 

Sen. Dean Heller, R-Nev., accused the federal government of coercing western states to 
comply. 

“This has been an issue of the Department of the Interior using the threat of a listing to get 
what it really wanted all along: limiting Nevadans’ access to millions of acres of land,” he 
said in a statement. 

Heller's argument ran contrary to the Republican governors who flanked Jewell during the 
announcement, including his home-state governor, Brian Sandoval. Sandoval said Jewell was 
the “right person at the right time” to strike a deal, and said the agreement represented a 
potential shift in relations between the federal government and Western states. 

“There's been a long relationship, perhaps a love-hate style relationship through the years,” 
he said, speaking of his state's history with the federal government. “We developed this trust, 
and it's not easy in Nevada. It's a lot easier to fight than it is to work together.” 

And Republican Gov. Matt Mead of Wyoming defended the plan as being in sync with the 
intended goals of the Endangered Species Act—to protect habitats to avoid the more drastic 
protection efforts that would come with a listing. 

“If you think about the Endangered Species Act of 1973, there's nothing in that act that says 
the goal is to list species,” he said. “The goal is to make sure we take care of our species, take 
care of our habitats so that we don't have to list species.” 

The decision also drew a mixed response from environmental and conservation 
organizations. Natural Resources Defense Council President Rhea Suh, a former nominee to 
oversee Interior's fish, wildlife and parks policies, called the plan a “breakthrough” for 
species protection. 

“It's all hands on deck, with states and private landowners as essential partners with the 
federal government working together for a plan that protects millions of acres across the 
western states to be successful,” she said in a statement. 

But WildEarth Guardians, the group that initially sued Interior to list the sage grouse as 


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endangered, said the administration failed to properly protect the species in an effort to 
dodge political backlash. 

“The government’s proposed plans fall far short of ensuring this iconic, imperiled bird is 
protected from the serious threats posed by fossil fuel extraction, grazing and other types of 
development,” Erik Molvar, a wildlife biologist for the group, said in a statement. 

The nation's most prominent oil and gas industry groups were also divided on the move. 
While the Independent Petroleum Association of America decried the plan as a threat to 
smaller companies, the American Petroleum Institute called it a “science-based” approach 
that charted a better path forward for land management. 

“Despite the numerous private-public partnerships and voluntary conservation efforts to 
conserve the greater sage-grouse and its habitat, America’s energy producers—and in turn, 
the American taxpayers—will suffer from these more-restrictive land management plans,” 
Dan Naatz, IPAA senior vice president of government relations and political affairs, said in a 
statement. 

On a call with reporters, however, API President and CEO Jack Gerard praised the decision 
as the best possible outcome to balance development and conservation 

“We're very comfortable and pleased with the outcome, because frankly, it's science-based,” 
he said. “It shows that under the Federal Land Policy Act that we can indeed have multiple 
uses of the lands, where we're able to produce the energy we need as a nation while at the 
same time protect the habitat of the sage grouse.” 

VW CEO says he's 'endlessly sorry' for tarnishing 
brand 


By Geir Moulson and Pan Pylas 

BERLIN (AP) — Volkswagen AG's smog-test troubles escalated Tuesday as the company 
acknowledged putting stealth software in millions of vehicles worldwide. The scandal has 
now cost VW more than 24 billion euros ($26 billion) in market value. 

Volkwagen stunningly admitted that some 11 million of the German carmaker's diesel 
vehicles contain software that evades emissions controls, far more than the 482,000 
identified by the U.S. Environmental Protection Agency as violating the Clean Air Act. 

Volkswagen also warned that future profits could be affected, and set aside an initial 6.5 
billion euros ($7.3 billion) to cover the fallout. 

CEO Martin Winterkom apologized for the deception under his leadership and pledged a fast 
and thorough investigation, but gave no indication that he might resign. 


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Tennessee lawmakers plan hearings on VW 
emissions scandal 


By Erik Schelzig 

NASHVILLE, Tenn. (AP) — Lawmakers in Tennessee plan to hold hearings over whether 
the Volkswagen emissions scandal could imperil the nearly $900 million in state and local 
incentives that have been directed toward the German automaker's lone U.S. plant in 
Chattanooga. 

Volkswagen has been reeling from revelations that it used secret software to thwart diesel 
smog tests on nearly 500,000 cars in the United States. The company has since admitted that 
the software was installed on some 11 million vehicles, and CEO Martin Winterkom has said 
he's "endlessly sorry" for tarnishing the VW brand. 

Republican state Sen. Bo Watson, who has been a vocal critic of Volkswagen's labor 
policies, cited the state's "significant investment" into the Chattanooga plant in calling for a 
Senate Finance Committee hearing. 

"I am very concerned as to the financial impact these violations could present to the state of 
Tennessee," Watson wrote in a letter to the panel's chairman. "Any action that threatens the 
stability and sustainability of the investment should be reviewed by the finance committee, 
without delay." 


Leonardo DiCaprio says he's shedding fossil fuel 
investments 


By Jennifer Peltz 

NEW YORK (AP) — Leonardo DiCaprio is joining a campaign to use investment decisions 
to fight global warming: He's planning to shed his own investments in fossil fuels, an activist 
group said Tuesday. 

The star of "The Wolf of Wall Street" and "Blood Diamond" joined members of the Divest- 
Invest Coalition as it announced his plans and highlighted growth in such pledges during the 
past year. Advocates say their effort to put pocketbook and social pressure on traditional 
energy producers is gaining momentum; industry groups say the campaign is misguided and 
its impact negligible. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025662 

















Students began pressing various colleges in 2011 to drop their fossil fuel holdings and 
increase their stake in renewable energy companies. Now, foundations, pension funds, 
insurers, state and local governments and others worth a total of $2.6 trillion have pledged to 
reduce or eliminate their fossil fuel investments, the coalition said in a report released 
Tuesday. The total is 50 times larger than it was last year, when activists set a goal of tripling 
it before the United Nations climate negotiations planned in Paris in November and 
December. 

"Clearly, our movement is growing faster than expected," said May Boeve, the executive 
director of 350.org, an anti-global-warming group. The coalition says over 430 institutions 
and 2,000 individuals have signed on, compared to about 180 institutions and 650 people a 
year ago. 


Puerto Rico power company reaches deal with 
certain lenders 


By The Associated Press 

SAN JUAN, Puerto Rico (AP) — Puerto Rico's troubled electricity utility says it has reached 
a deal to restmcture about $700 million in expired debt with fuel line lenders. 

The Puerto Rico Electric Power Authority said Tuesday that lenders have two options: 
converting credit agreements into long-term loans or exchanging all or part of expired bonds 
into new bonds worth 85 percent of the existing value. 

Chief Restmcturing Officer Lisa Donahue said the company is still negotiating with 
monoline bond insurers. 

The company owes about $9 billion. It reached a deal earlier this month with some creditors 
to reduce principal owed in exchange for new securities worth 85 percent of the existing 
bonds. 



VW FOIA, EPA 


06/20/2017 


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Ad featuring kids, mushroom cloud slams Bennet 
for Iran vote 


By Erica Werner 

WASHINGTON (AP) — A conservative group is airing an ad showing kids counting down 
to a mushroom cloud to slam Democratic Sen. Michael Bennet of Colorado over the Iran 
nuclear deal. 

The ad by the group Advancing Colorado shows children counting down from 10 in different 
languages, then a huge explosion and billowing cloud. Over charred and smoking rubble it 
claims that Bennet is "jeopardizing our safety" by backing the deal. 

The ad offers a taste of how the GOP may seek to use the Iran issue politically after Senate 
Democrats including Bennet blocked Republican attempts to unravel the deal. Bennet is up 
for re-election next year in a competitive state, though Republicans don't yet have a 
candidate against him. He is the most vulnerable Senate Democrat this cycle, but in 2018 a 
number of potentially vulnerable Democrats will be defending their seats and Republicans 
will likely try to make them pay a price for supporting the agreement. 

The accord backed by the Obama administration and negotiated with Iran and five world 
powers aims to curb Iran's nuclear program in exchange for billions in relief from economic 
sanctions. But Republicans say it will serve only to empower Iran. 


Caribbean braces for worsening drought as dry 
season nears 


By Danica Coto 

SAN JUAN, Puerto Rico (AP) — The most severe drought to hit the Caribbean in recent 
years is expected to worsen despite rains from tropical storms that have replenished some 
reservoirs. 

Forecasters say El Nino phenomenon is gathering strength and will continue to warm the 
tropical Pacific until early next year, which translates into sparse rainfall for this largely 
parched region as the dry season approaches. 

"The real concern will come late in the year," said Adrian Trotman, a forecaster with the 
Caribbean Institute for Meteorology and Hydrology. "We are definitely in a period of relief, 
but it's quite likely the relief will not be as long-lived as we would like it to be." 

Sponsored Links 


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El Nino has produced a quiet hurricane season, which begins in June and ends in November. 
Only two of nine named storms having dumped significant rainfall over parts of the 
Caribbean. 


Ukraine's richest man wields electricity as weapon, 
plays both sides of war 

By Nataliya Vasilyeva 

KRASNODON, Ukraine (AP) — In this town deep in eastern Ukraine's rebel heartland, 
about a quarter of the population works in the coal mines owned by billionaire Rinat 
Akhmetov, Ukraine's richest man. Here and elsewhere in territory controlled by the separatist 
insurgency, the tycoon keeps the lights on and people clothed and fed, with a mixture of jobs, 
electricity and aid. 

At the same time, Akhmetov operates factories on the other side of the frontline, powering 
Ukraine's economy and pouring hundreds of millions in taxes into government coffers. His 
steel products, which are finished in rebel territory, are then shipped to the West — where 
they bring in billions in revenue for Akhmetov that then indirectly props up the separatist 
government. 

The billionaire is able to straddle the frontline by using his fortune and business empire as 
leverage. His companies provide more than 300,000 jobs across Ukraine, most in the rebel- 
held east. Meanwhile, his control over utilities that provide electricity and heating to both 
sides allow him to dictate terms to the government as well as the rebels. Cracking down on 
Akhmetov's factories in government territory would threaten Ukraine's depressed economy, 
while a collapse of utilities in the east would undermine the rebels' grip on power. 

It makes for a striking picture of economic cooperation between enemy areas: Coal produced 
in Krasnodon mines, on rebel territory, travels to the Avdiivka coking plant on the 
government side. Coke is then shipped back to rebel lands, to a metals smelter in Yenakieve, 
and the metals produced there are transported to government territory on the Azov Sea — for 
shipping to the West. 



Guyana says Venezuela deploys troops to disputed 
border 


By Bert Wilkinson 

GEORGETOWN, Guyana (AP) — Guyana's President David Granger said Tuesday that 


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Venezuela has deployed troops to a contested border region in what he called a "dangerous" 
escalation of a long-running dispute between the South American nations. 

The government of President Nicolas Maduro made "extraordinary military deployments," 
along what Guyana considers its western border, Granger told reporters. 

He called the development a "hostile and aggressive" step in a border dispute that dates to the 
19th century but has grown more heated over the past year following a major off-shore oil 
discovery in waters claimed by both nations. 

"We feel that Venezuela is treading a dangerous course at this point in time rather than 
seeking a peaceful resolution of the matter," Granger said. "Venezuela seems to be pursuing 
a very offensive and aggressive course." 





Sponsored Links 



Week in Review - House Panel Moves To Lift Export Ban 

Congress Gears up for Papal Visit. 

Click here to read the brief 


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Obama administration changing financial requirements for offshore 
drillers 


To ensure that offshore operators have the means to dismantle facilities when they’ve 
finished drilling, the Bureau of Ocean Energy Management is proposing adjustments to the 
requirements for financial guarantees, FuelFix reports. 


Democrats’ energy bill aims for steeper emissions cuts 

The goal of the comprehensive energy bill backed by the Senate Democratic leadership and 
sponsored by Energy and Natural Resources Committee ranking member Sen. Maria 
Cantwell, D-Wash., is to cut greenhouse gas emissions two percent per year through 2025, 
The New York Times reports. 


FERC: Total manipulated natqas market in Southwest 

Money losing natural gas purchases made by Total SA between 2009 and 2012 were 
intended to move prices to help the company make money on some of its other trading 
positions, according to Federal Energy Regulatory Commission allegations, The Wall Street 
Journal reports. 


U.S. oil drops on concerns about lower demand 

A nosedive in the stock market that has investors concerned about softer demand was 
pressuring oil prices Tuesday. West Texas Intermediate cmde for October delivery fell 85 
cents to settle at $45.83 a barrel on the Nymex as the contract expired, while in London, 
November Brent gained 16 cents to $49.08, Marketwatch reports. 


Fund managers to move $2.6T away from fossil fuels 


Investment fund fossil fuel divestment totaled $50 billion last year, but the growing pressure 
from environmentalists has jacked the figure up to $2.6 trillion this year, Bloomberg reports. 


Blackhawk picks up most mines at Patriot auction 

Most of the coal mines being auctioned off by bankrupt Patriot Coal Corp. have been picked 

up by Blackhawk Mining LLC, the company said Tuesday, adding that as part of the winning 

Trouble seeing this email? Click here. 


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bid it has offered Patriot lenders an ownership stake, The Wall Street Journal reports. 


Cap and trade cheaper than RFS: MIT Economists 

Modeling done by economists at MIT has found that a carbon cap and trade policy would be 
less expensive than imposing a renewable fuel standard, direct subsidies for renewable fuels, 
or California’s Low Carbon Fuel Standard program, but such a policy doesn’t have the same 
lobbying muscle behind it, E&E reports. 


Bush to ditch EPA reqs 

Complaining that federal regulations “are choking America’s economy,” Republican 
presidential candidate Jeb Bush is promising to scrap many of them, particularly those issued 
by the Environmental Protection Agency, including its carbon rule, water rule and coal ash 
disposal rule, The Hill reports. 


Oakland in uproar over possible coal exports from city terminal 

The news that four Utah coal counties are promising to loan money to a project for an export 
terminal in Oakland—one that originally suggested it wouldn't handle coal—brought 
hundreds of people to a marathon public meeting in the California city Monday night, E&E 
reports. 


Upcoming Events 

• Sep. 22, Washington: The French Ameri-Can Climate Talks to hold a forum on the 
forthcoming United Nations climate talks in December and the role the private sector 
will play. French Ambassador Gerard Araud and International Monetary Fund 
Managing Director Christine Lagarde among scheduled speakers. 3:00 pm , French 
Embassy, 4101 Reservoir Road NW, 20007. 

• Sep. 22, Washington: Resources for the Future to hold a forum to examine the potential 
impact of carbon pricing, through taxes or credits, on low-income households and 
communities. 12:30 pm , 1616 P St. NW. 

• Sep. 22, Commerce City, Colorado: Interior Secretary Sally Jewell to join federal 
officials and Govs., John Hickenlooper, Colo., Matt Mead, Wyo., Steve Bullock, 

Mont., and Brian Sandoval, Nev., to make an announcement regarding the greater sage- 
grouse. 12:00 pm , Rocky Mountain Arsenal National Wildlife Refuge Visitor Center 
6550 Gateway Road Commerce City, CO 80022 

• Sep. 22, Washington: ClearView Energy Partners Managing Director to speak at the 

Trouble seeing this email? Click here. 


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American Gas Association's Natural Gas Roundtable. 12:00 pm , University Club, 1135 
16th Street, NW. 

• Sep. 22, Washington: Senate Democrats led by Energy and Natural Resources Ranking 
Member Maria Cantwell, D-Wash., and Senate Minority Leader Harry Reid, D-Nev., to 
hold a press conference to unveil legislation to promote clean energy and reduce carbon 
emissions. 10:45 am , Mansfield Room (S-207) 

• Sep. 22, Washington: The United States Energy Association to hold a forum on the 
state of the global liquefied natural gas exports and the role the U.S. can play. 
Christopher Goncalves, managing director and co-chair of BRG’s Energy and Natural 
Resources Practice, to speak. 10:30 am , 1300 Pennsylvania Avenue, NW. 

• Sep. 23, Dallas: The Environmental Protection Agency to hold a hearing on its proposal 
to cut methane emissions from new and modified oil and gas systems. 9:00 am , 1500 
Marilla Street Dallas, Texas 75201 

• Sep. 23, Denver: The Environmental Protection Agency to hold a hearing on its 
proposed mle to cut methane emissions at new and modified oil and natural gas sites. 
9:00 am , 1595 Wynkoop Street, Denver, CO 80202. 



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To: Kau l , M eetufKaul .Meetu@epa.gov] 

From: | Non-Responsive ! 

Sent: i__ T u'e^/22720T5TO: 47:21 PM 

Subject: VW Recall 

I drive a 2012 VW TDI that is in my opinion not road worthy and should be illegal to drive due 
to VW's management's decision to cheat regulators repeatedly. This vehicle could not have been 
sold to the market otherwise. 

The VW practices are anti-competitive (other manufacturers lost market share as they couldn't 
pass emissions), endanger health, suppress research, and force other US companies to loose jobs. 
They have used the government resources to cheat others into spending countless dollars into 
clean technology. Because of their deceptive strategy they were able to improve market share on 
the backs of the tax payers - as there were incentives to buy these vehicles. 

I believe that this behaviour is as bad as it gets. Please keep in mind all of the above and 
understand that the VW would not be the company it is today had they not cheated. 

Would you please do the right thing and do what you can to help prosecute VW to the fullest 
extent of the law. 

| Non-Responsive ! 

L_! 

Concerned Citizen 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025670 









To: Werner, Jacqueline[Werner.Jacqueline@epa.gov]; Belser, Evan[Beiser.Evan@epa.gov]; 

Orehowsky, Gregory[Orehowsky.Gregory@epa.gov]; Brooks, Phillip[Brooks.Phillip@epa.gov] 

From: Kaul, Meetu 

Sent: Tue 9/22/2015 10:49:22 PM 

Subject: Public sentiment - FW: VW Recall 


I know you all have seen lots of this but just FYI re: some citizens simply contacting us to thank 
us and/or ask us to do whatever we can to fully prosecute VW. 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


Fromi Ex. 6 

Sent: Tuesday, September 22, 2015 6:47 PM 
To: Kaul, Meetu 
Subject: VW Recall 


I drive a 2012 VW TDI that is in my opinion not road worthy and should be illegal to drive due 
to VW's management's decision to cheat regulators repeatedly. This vehicle could not have been 
sold to the market otherwise. 

The VW practices are anti-competitive (other manufacturers lost market share as they couldn't 
pass emissions), endanger health, suppress research, and force other US companies to loose jobs. 
They have used the government resources to cheat others into spending countless dollars into 
clean technology. Because of their deceptive strategy they were able to improve market share on 
the backs of the tax payers - as there were incentives to buy these vehicles. 

I believe that this behaviour is as bad as it gets. Please keep in mind all of the above and 


VW FOIA, EPA 


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understand that the VW would not be the company it is today had they not cheated. 

Would you please do the right thing and do what you can to help prosecute VW to the fullest 
extent of the law. 


Istok Budic 

Ex. 6 


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06/20/2017 


2017-FFP 025672 




To: Kaul, Meetu[Kaul.Meetu@epa.gov] 

Cc: Werner, Jacqueline[Werner.Jacqueline@epa.gov]; Belser, Evan[Belser.Evan@epa.govj; 

Orehowsky, Gregory[Orehowsky.Gregory@epa.gov] 

From: Brooks, Phillip 

Sent: Tue 9/22/2015 11:00:45 PM 

Subject: Re: Public sentiment - FW: VW Recall 

Has OTAQ developed a standard respond for such emails? I could see an acknowledgement that 
we received the email with a note that says something to the effect that we are unable to make 
individual responses. 


Sent from my iPhone 

On Sep 23, 2015, at 6:49 AM, Kaul, Meetu < Kaul.Meetu@epa.gov > wrote: 


I know you all have seen lots of this but just FYI re: some citizens simply contacting us to 
thank us and/or ask us to do whatever we can to fully prosecute VW. 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


From:| Ex. 6 j| Ex. 6 

Sent: Tuesday^ 15 6:47 PM 

To: Kaul, Meetu 
Subject: VW Recall 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025673 










I drive a 2012 VW TDI that is in my opinion not road worthy and should be illegal to drive 
due to VW's management's decision to cheat regulators repeatedly. This vehicle could not 
have been sold to the market otherwise. 

The VW practices are anti-competitive (other manufacturers lost market share as they 
couldn't pass emissions), endanger health, suppress research, and force other US companies 
to loose jobs. They have used the government resources to cheat others into spending 
countless dollars into clean technology. Because of their deceptive strategy they were able 
to improve market share on the backs of the tax payers - as there were incentives to buy 
these vehicles. 

I believe that this behaviour is as bad as it gets. Please keep in mind all of the above and 
understand that the VW would not be the company it is today had they not cheated. 

Would you please do the right thing and do what you can to help prosecute VW to the 
fullest extent of the law. 


Ex. 6 


Concerned Citizen 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025674 




To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: The Hill 

Sent: Tue 9/22/2015 11:08:22 PM 

Subject: Overnight Energy & Environment: Clinton is a 'no' on Keystone 



CLINTON COMES OUT AGAINST KEYSTONE: Hillary Clinton finally broke her 
silence on the controversial Keystone XL pipeline Tuesday, saying she opposes the project. 

America has the lowest gasoline prices anywhere in the world. That boosts household budgets 
by billions of dollars. See how exporting crude would lead to higher fuel prices and hurt our 
economy. http://crudecoalition.org/resources/studies/ 

SPONSOR-GENERATED CONTENT 

At a campaign event in Des Moines, Iowa, focused on prescription drugs, Clinton responded 
to an audience question on the matter. 

"I think it is imperative that we look at the Keystone pipeline as what I think it is, as a 
distraction to the important work we have to do on climate change," Clinton said. "And 
unfortunately, from my perspective, on that interferes with our ability to move forward with 
all the other issues." 

"Therefore I oppose it," she said. "I don't think it's in the best interest to combat climate 
change." 

Her statement came after months of goading from environmentalists, who saw her silence on 
the Canada-to-Texas pipeline as damning. 

She previously avoided weighing in by invoking her past role as Obama's secretary of State, 
where she had a leading role in reviewing the proposal. 

But Clinton, and greens, had grown increasingly frustrated with Obama's timeline on his 
decision. Clinton said she had to speak up. 


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Greens cheered Clinton's statement Tuesday, while Republicans pounced on it as an 
opportunity to show that she's siding with left-wing extremists. 

Read more here . 

SENATE DEMS SEEK 'CLEAN ENERGY FUTURE': Senate Democrats unveiled their 
proposal for an energy policy overhaul Tuesday. 

The multi-pronged approach focuses on incentivizing the development and deployment of 
clean energy, shifting tax breaks away from fossil fuels and toward low- and zero-carbon 
energy and setting national targets for reducing greenhouse gases. 

"It is a technology-driven pathway to a clean energy future, and by tackling energy efficiency 
ranging from everywhere from trucks, buildings, to our electricity grid, to energy innovation, 
it basically takes the most important opportunities for reducing carbon, creating jobs, and 
moving us forward to help consumers have better choices," Sen. Maria Cantwell (D-Wash.) 
said Tuesday at a news conference in the Capitol. 

The bill doubles as a way to criticize the GOP for energy policies that Democrats say focus 
far too much on fossil fuels. 

Read more here. 


ON TAP WEDNESDAY I: The House Homeland Security and Governmental Affairs 
Committee's subcommittee on regulatory affairs will hold a hearing on federal agencies' use 
of regulatory guidance without a notice and comment procedure. 

ON TAP WEDNESDAY II: Pope Francis and President Obama will meet Wednesday 
morning at the White House and likely speak about climate change. 

NEWS BITE: The Associated Press declared Tuesday that journalists should not use the 
terms "denier" or "skeptic" to describe people who disagree with the scientific consensus on 
climate change. 

Instead, the organization that operates the AP Stylebook says writers should use terms like 
"climate change doubters" or "those who reject mainstream climate science." 

AP said in a blog post that scientists who agree that humans significantly contribute to climate 
change do not like "skeptic" because it necessarily implies that such people want to do further 
research or analysis on the matter. 

"Denier," meanwhile, improperly reminds one of Holocaust deniers, AP said. 

The AP Stylebook is the dominant style and usage guide for print journalists across the United 
States. 


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AROUND THE WEB: 


climate change, the New York Times reports . 


The risks of cancer due to air pollution in California have dropped 76 percent in the last 20 
years, the Los Angeles Times re ports . 


IN CASE YOU MISSED IT: 


Check out Tuesday's stories. 


emissions scandal 


- Bush targets EPA rules in regulatory platform 

- Pope brings 'urgency' to climate change debate, lawmakers say 

- Hitting GOP, Senate Dems unveil plan for a 'clean energy future' 

- Boxer predicts GOP won't pick Fiorina 


- Feds move to accelerate permitting for transportation projects 

- Sage-grouse avoids endangered listing 


.com; 


Henry, dhenry@thehill.com . Follow us on Twitter: @Timothy_Cama . @dhenrv . @.thefaill 


Forward email 


This email was sent to grundler.christopher@epa.gov by newsletters@thehill.com 1 

Update Profile/Email Address I Rapid removal with SafeUnsubscribe ™ I About our service provider . 

The Hill | 1625 K Street NW | Suite 900 | Washington | DC | 20006 


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From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Tue 9/22/2015 11:17:57 PM 

Subject: The tech behind how Volkswagen tricked emissions tests 

MAIL_CONVERSATION_TOPIC: The tech behind how Volkswagen tricked emissions tests 

Created: Fri 3/18/2016 6:18:16 PM 

Volkswagen isn’t hiding from its emissions cheating scandal, which the company now says 
affects some 11 million diesel cars worldwide. 

View article... 


VW FOIA, EPA 


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2017-FFP 025678 



From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Tue 9/22/2015 11:48:16 PM 

Subject: Cramer Remix: My prediction for Volkswagen 

MAIL_CONVERSATION_TOPIC: Cramer Remix: My prediction for Volkswagen 

Created: Fri 3/18/2016 6:18:16 PM 


View article... 


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To: Brooks, Phillip[Brooks.Phillip@epa.gov] 

Cc: Kaul, Meetu[Kaul.Meetu@epa.gov]; Werner, Jacqueline[Werner.Jacqueline@epa.gov]; 

Orehowsky, Gregory[Orehowsky.Gregory@epa.gov] 

From: Belser, Evan 

Sent: Tue 9/22/2015 11:50:53 PM 

Subject: Re: Public sentiment - FW: VW Recall 

As of earlier today, All consumer and general public inquiries are going to otaq@epa.gov and 
Jennifer France. I do not know just how she is responding. I see no problem acknowledging 
receipt and explaining that we are passing along. That said word from the 10 was that we should 
avoid handling these inquiries as possible. 


Evan Belser 


Chief, Mobile Source Enforcement Branch 
US EPA 


On Sep 22, 2015, at 7:00 PM, Brooks, Phillip < Brooks.Phillip@epa.gov > wrote: 


Has OTAQ developed a standard respond for such emails? I could see an 
acknowledgement that we received the email with a note that says something to the effect 
that we are unable to make individual responses. 


Sent from my iPhone 

On Sep 23, 2015, at 6:49 AM, Kaul, Meetu < Kaul.Meetu@,epa.gov > wrote: 


I know you all have seen lots of this but just FYI re: some citizens simply contacting us 
to thank us and/or ask us to do whatever we can to fully prosecute VW. 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025680 




Email: kaul.meetu@epa.gov 


r -1 

From: I Ex. 6 ;mailto[ Ex. 6 j 

Sent: Tuesday, September 22, 2015 6:47 PM 
To: Kaul, Meetu 
Subject: VW Recall 


I drive a 2012 VW TDI that is in my opinion not road worthy and should be illegal to 
drive due to VW's management's decision to cheat regulators repeatedly. This vehicle 
could not have been sold to the market otherwise. 

The VW practices are anti-competitive (other manufacturers lost market share as they 
couldn't pass emissions), endanger health, suppress research, and force other US 
companies to loose jobs. They have used the government resources to cheat others into 
spending countless dollars into clean technology. Because of their deceptive strategy 
they were able to improve market share on the backs of the tax payers - as there were 
incentives to buy these vehicles. 

I believe that this behaviour is as bad as it gets. Please keep in mind all of the above 
and understand that the VW would not be the company it is today had they not 
cheated. 

Would you please do the right thing and do what you can to help prosecute VW to the 
fullest extent of the law. 


Ex. 6 j 

Concerned Citizen 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025681 










Cc: Brooks, Phillip[Brooks.Phillip@epa.gov]; Keliey, Rosemarie[Keiley.Rosemarie@epa.gov] 

To: Waiter Benjamin Fisherow[Waiter.Benjamin.Fisherow@usdoj.gov]; 

karen.dworkin@usdoj.gov[karen.dworkin@usdoj.gov];i Ex. 5,7_ 

f Ex 5( 7 i 

from: BeiserTEvah 

Sent: Tue 9/22/2015 11:59:16 PM 

Subject: Fwd: Summary of today's call with HEC Oversight staff 


Evan Belser 


Chief, Mobile Source Enforcement Branch 
US EPA 


Begin forwarded message: 


From: "Emmerson, Caroline" < Emmerson.Caroline@epa.gov > 

Date: September 22, 2015 at 6:39:51 PM EDT 

To: "Wilson, Shari" < Wilson.Shari@,epa.gov >. "Starfield, Lawrence" 

< Starfield.Lawrence@,epa. gov > 

Cc: "Kelley, Rosemarie" < Kellev.Rosemarie@epa.gov >. "Belser, Evan" 

<B elser.Evan@epa.gov > 

Subject: Summary of today’s call with HEC Oversight staff 


The following is a summary of today’s call with staff from the House Energy and 
Commerce Committee’s Oversight Subcommittee. Republican and Democratic Staff 
participated in the call and Peter Spencer (Majority counsel) asked most of the 
questions. Present from OECA: Evan Belser, Rosemarie Kelley, John Senn, and 
Caroline Emmerson; OTAQ: Bryon Bunker, Janet Cohen, and Ben Hengst; and OCIR: 
Josh Lewis. 


The focus of the scheduled 30 minute call was the EPA’s September IS, 2015 NOV to 
VW. Summary of Q & A : 

What is the timeline for this issue? How did you find out about it? Evan 
summarized the statements from the NOV, p.4, 

“CARB and the EPA were alerted to emissions problems with these vehicles in May 
2014 when the West VA University’s Center for Alternative Fuels, Engines and 
Emissions published the results of a study commissioned by ICCT. 

What is ICCT? Bryon discussed ICCT’s mission and contact with CARB and 
EPA; VW’s recall; and additional testing of the vehicles by CARB and EPA per the 


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NOV (p. 4). Byron also mentioned that VW’s US arm was looking for a technical 
problem and did additional testing. He said that it was clear that the recall did not 
address the emissions problems. OTAQ coordinated with the GARB team so there was 
not duplicative testing. 

Did VW make any statements about what they were doing? Was it a ruse? 

Evan said that any statements about what they were doing is speculation. 


Why didn’t the OBD system catch this problem? Byron explained that the OBD 
should catch the defects and the check engine light did not go on. 


If the tailpipe emissions were high, why weren’t the cars failing state emissions 
tests? Byron said that many state emissions tests only query the OBD system, so that’s 
why the problem was not detected. It is yet to be confirmed, but it could be that the defeat 
device evaded state tests involving actual emission testing (it just evaded the federal test). EPA 
and CARB would not approve certificates of conformity for VW’s 2016 model year diesel 
vehicles without an explanation of this issue. 


Committee staff pressed for information about how VW’s defeat devices 
worked and asked: What statements did VW make when they came clean about these 
devices? Did they share any knowledge? What were they hoping to gain? Was it better 
engine economy? Evan replied that we can’t provide answers beyond what’s stated in 
the NOV. We are looking in to why they did it as part of our investigation. VW 
admitted to having a defeat device and acknowledged that defeat devices are illegal. 


Who were the people that you were interacting with regarding this matter? 

Byron said that VW’s US arm was the conduit for the information from the manufacturer and 
his office talked with a mix of German and US employees. 


When the US VW office interacted with EPA, did they seem to have technical 
knowledge of what’s going on? 


Biyon responded that the question is speculative and he did not answer. 

What are you all doing now? Evan said that we are running an investigation, 
assessing liability and figuring out remedies. Byron said that we are figuring out what 
vehicles may be recalled and how they will get fixed. 

Committee staff asked about other defeat device cases, and mentioned the 1998 
engine cases. Evan mentioned that there have also been smaller cases involving 
aftermarket parts and software. 

Is there such thing as an accidental defeat device? Evan replied that we need to 
prove that they knew they are violating the law but not their intent. 

What is the next step? Evan responded that the NOV offers VW an opportunity 
to confer. 


VW FOIA, EPA 


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How will the recall impact the performance of the vehicles? Byron said that the 
focus right now is finding the right remedy and consideration of other aspects is 
speculative at this point. Any recall will take into consideration the environmental 
benefit, technical feasibility, and the customer's experience. 

How will consumers be advised about this matter: Byron mentioned the Qs 
&As on OTAQ’s website. 


At the conclusion of the call, Peter Spencer mentioned the upcoming HEC Oversight 
hearing and his need to advise his Members of the best way to proceed. He said that 
he will probably will be talking with us again and might want to meet in person. 


From: Lewis, Josh 

Sent: Tuesday, September 22, 2015 3:26 PM 

To: Belser, Evan; Emmerson, Caroline; Kelley, Rosemarie; Cohen, Janet; Bunker, 
Byron 

Cc: Sutton, Tia; Levine, Carolyn; Haman, Patricia; Hengst, Benjamin 
Subject: Follow up on VW call 


Evan and Byron, 


Thanks for handling the bulk of the call today, and thanks to others for participating as 
well. Sounds like there will be additional requests for calls or information (or both), so 
will let you know when those come in. In the meantime please call if you have 
anything you want to discuss regarding the call today or related issues. 


Josh 


From: Lewis, Josh 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025684 



Sent: Tuesday, September 22, 2015 11:03 AM 

To: Belser, Evan; Wehrly, Line; Emmerson, Caroline; Kelley, Rosemarie; Cohen, 
Janet 

Cc: Sutton, Tia; Levine, Carolyn; Haman, Patricia; Hengst, Benjamin 

Subject: UPDATE RE: Confirming VW call today at 1:30 with House energy and 

commerce 


We’re going to push this to 2 pm and just do Vi hour from 2-2:30. Same conference 
room if you want to join in person - 3428 WJC-North 

Josh Lewis 

EPA/Office of Congressional Affairs 
Office: 202 564 2095 
Cell: 202 329 2291 


From: Lewis, Josh 

Sent: Tuesday, September 22, 2015 10:56 AM 

To: Belser, Evan; Wehrly, Line; Emmerson, Caroline; Kelley, Rosemarie; Cohen, 
Janet 

Cc: Sutton, Tia; Levine, Carolyn; Haman, Patricia 

Subject: RE: Confirming VW call today at 1:30 with House energy and commerce 


Ex. 5 

Josh 


From: Belser, Evan 

Sent: Tuesday, September 22, 2015 10:29 AM 

To: Lewis, Josh; Wehrly, Line; Emmerson, Caroline; Kelley, Rosemarie; Cohen, Janet 
Cc: Sutton, Tia; Levine, Carolyn; Haman, Patricia 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025685 




Subject: RE: Confirming VW call today at 1:30 with House energy and commerce 


Josh and all, 



Thanks, 

Evan 


Evan Belser 

Chief, Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 
Office of Enforcement and Compliance Assurance 
United States Environmental Protection Agency 
202-564-6850 


Do not release this email. This is confidential attorney-client communication and 
privileged attorney work product created for law enforcement purposes. 


From: Lewis, Josh 

Sent: Tuesday, September 22, 2015 7:23 AM 


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06/20/2017 


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To: Belser, Evan; Wehrly, Line; Emmerson, Caroline; Kelley, Rosemarie; Cohen, 
Janet 

Cc: Sutton, Tia; Levine, Carolyn; Haman, Patricia 

Subject: Confirming VW call today at 1:30 with House energy and commerce 


To follow up on my message below, sounds like we're good for a 130 call today. I'll 
get a scheduler out later this morning with call in # and room in wjc north for those 
who want to come in person. 



I am on my cell phone this morning in case anyone needs to talk. 


Ex. 6 


On Sep 21, 2015, at 11:54 AM, Lewis, Josh < LewisJosh@epa.gov > wrote: 


Peter Spencer from the Energy and Commerce Committee has asked for a phone 
call “to walk through the facts we know so far.” He wanted it today, I told him 
tomorrow is more likely doable. I talked to Tia in OTAQ and we’re thinking of 
offering 1:30-2:30 or 3:30-4:30 tomorrow for the call. 


Can you let me know how you want to staff this in OECA, and if you have a 
preference on timing? 


Josh Lewis 

EPA/Office of Congressional Affairs 
Office: 202 564 2095 
Cell: 202 329 2291 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025687 





To: Belser, Evan[Belser.Evan@epa.gov]; Brooks, Phillip[Brooks.Phillip@epa.gov] 

From: Bunker, Byron 

Sent: Wed 9/23/2015 12:00:25 AM 

Subject: RE: Summary of today's call with HEC Oversight staff 


Thanks Evan. 


U# oXfi ojffi oXfi Cube Cube ejj> cube eJ* oJj> 


Byron Bunker 

Director Compliance Division 
Office of Transportation and Air Quality 
Environmental Protection Agency 
2000 Traverwood Drive 
Ann Arbor, MI 48105 
Bunker.Byron@epa.gov 
Phone: (734)214-4155 
Mobile: (734) 353-9623 


VV Cn-l# 0&P edU’ Oi$J> oJa ej*> oJa oj* oj^e oJj> oj* ojj- ejj> oJa ftf# 

H>p *»■£<•' Ii>p H>p *»£<» rff* *»£<» m m a»£<s *»£<» a»£<» *»£<.' «»£<» 


From: Belser, Evan 

Sent: Tuesday, September 22, 2015 7:57 PM 
To: Brooks, Phillip; Bunker, Byron 

Subject: Fwd: Summary of today's call with HEC Oversight staff 


Evan Belser 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025688 



Chief, Mobile Source Enforcement Branch 


US EPA 


Begin forwarded message: 

From: "Emmerson, Caroline" < Emmerson.Caroline@epa.gov > 

Date: September 22, 2015 at 6:39:51 PM EDT 

To: "Wilson, Shari" < Wilson.Shari@epa.gov >. "Starfield, Lawrence" 

< Starfield.Lawrence@,epa.gov > 

Cc: "Kelley, Rosemarie" < KelleviRosemarie@epa.gov >. "Belser, Evan" 

<B elser.Evan@epa . go v> 

Subject: Summary of today's call with HEC Oversight staff 


The following is a summary of today’s call with staff from the House Energy and 
Commerce Committee’s Oversight Subcommittee. Republican and Democratic Staff 
participated in the call and Peter Spencer (Majority counsel) asked most of the 
questions. Present from OECA: Evan Belser, Rosemarie Kelley, John Senn, and 
Caroline Emmerson; OTAQ: Bryon Bunker, Janet Cohen, and Ben Hengst; and OCIR: 
Josh Lewis. 


The focus of the scheduled 30 minute call was the EPA’s September IS, 2015 NOV to 
VW. Summary of O & A • 

What is the timeline for this issue? How did you find out about it? Evan 
summarized the statements from the NOV, p.4, 

“CARB and the EPA were alerted to emissions problems with these vehicles in May 
2014 when the West VA University’s Center for Alternative Fuels, Engines and 
Emissions published the results of a study commissioned by ICCT...” 

What is ICCT? Bryon discussed ICCT’s mission and contact with CARB and 
EPA; VW’s recall; and additional testing of the vehicles by CARB and EPA per the 
NOV (p. 4). Byron also mentioned that VW’s US arm was looking for a technical 
problem and did additional testing. He said that it was clear that the recall did not 
address the emissions problems. OTAQ coordinated with the CARB team so there was 
not duplicative testing. 

Did VW make any statements about what they were doing? Was it a ruse? Evan 
said that any statements about what they were doing is speculation. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025689 



Why didn’t the OBD system catch this problem? Byron explained that the OBD 
should catch the defects and the check engine light did not go on. 

If the tailpipe emissions were high, why weren’t the cars failing state emissions 
tests? Byron said that many state emissions tests only query the OBD system, so that’s 
why the problem was not detected. It is yet to be confirmed, but it could be that the 
defeat device evaded state tests involving actual emission testing (it just evaded the 
federal test). EPA and CARS would not approve certificates of conformity for VW’s 
2016 model year diesel vehicles without an explanation of this issue. 

Committee staff pressed for information about how VW’s defeat devices worked 
and asked: What statements did VW make when they came clean about these devices? 
Did they share any knowledge? What were they hoping to gain? Was it better engine 
economy? Evan replied that we can’t provide answers beyond what’s stated in the 
NOV. We are looking in to why they did it as part of our investigation. VW admitted 
to having a defeat device and acknowledged that defeat devices are illegal. 

Who were the people that you were interacting with regarding this matter? Byron 
said that VW’s US arm was the conduit for the information from the manufacturer and 
his office talked with a mix of German and US employees. 


When the US VW office interacted with EPA, did they seem to have technical 
knowledge of what’s going on? 


Bryon responded that the question is speculative and he did not answer. 


What are you all doing now? Evan said that we are running an investigation, 
assessing liability and figuring out remedies. Byron said that we are figuring out what 
vehicles may be recalled and how they will get fixed. 

Committee staff asked about other defeat device cases, and mentioned the 1998 
engine cases. Evan mentioned that there have also been smaller cases involving 
aftermarket parts and software. 

Is there such thing as an accidental defeat device? Evan replied that we need to 
prove that they knew they are violating the law but not their intent. 


What is the next step? Evan responded that the NOV offers VW an opportunity to 
confer. 


How will the recall impact the performance of the vehicles? Byron said that the 
focus right now is finding the right remedy and consideration of other aspects is 
speculative at this point. Any recall will take into consideration the environmental 
benefit, technical feasibility, and the customer's experience. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025690 



How will consumers be advised about this matter: Byron mentioned the Qs &As 
on OTAQ’s website. 


At the conclusion of the call, Peter Spencer mentioned the upcoming HEC Oversight 
hearing and his need to advise his Members of the best way to proceed. He said that 
he will probably will be talking with us again and might want to meet in person. 


From: Lewis, Josh 

Sent: Tuesday, September 22, 2015 3:26 PM 

To: Belser, Evan; Emmerson, Caroline; Kelley, Rosemarie; Cohen, Janet; Bunker, 
Byron 

Cc: Sutton, Tia; Levine, Carolyn; Haman, Patricia; Hengst, Benjamin 
Subject: Follow up on VW call 


Evan and Byron, 


Thanks for handling the bulk of the call today, and thanks to others for participating as 
well. Sounds like there will be additional requests for calls or information (or both), so 
will let you know when those come in. In the meantime please call if you have 
anything you want to discuss regarding the call today or related issues. 


Josh 


From: Lewis, Josh 

Sent: Tuesday, September 22, 2015 11:03 AM 

To: Belser, Evan; Wehrly, Line; Emmerson, Caroline; Kelley, Rosemarie; Cohen, 
Janet 

Cc: Sutton, Tia; Levine, Carolyn; Haman, Patricia; Hengst, Benjamin 

Subject: UPDATE RE: Confirming VW call today at 1:30 with House energy and 

commerce 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025691 



We’re going to push this to 2 pm and just do Vi hour from 2-2:30. Same conference 
room if you want to join in person -! Non-Responsive I 


Josh Lewis 

EPA/Office of Congressional Affairs 
Office: 202 564 2095 
Cell: 202 329 2291 


From: Lewis, Josh 

Sent: Tuesday, September 22, 2015 10:56 AM 

To: Belser, Evan; Wehrly, Line; Emmerson, Caroline; Kelley, Rosemarie; Cohen, 
Janet 

Cc: Sutton, Tia; Levine, Carolyn; Haman, Patricia 

Subject: RE: Confirming VW call today at 1:30 with House energy and commerce 


That’s correct. And don’t hesitate to say, “we don’t know yet” or “we can’t tell you 
that yet” in response to Qs Peter may ask. 


Josh 


From: Belser, Evan 

Sent: Tuesday, September 22, 2015 10:29 AM 

To: Lewis, Josh; Wehrly, Line; Emmerson, Caroline; Kelley, Rosemarie; Cohen, Janet 
Cc: Sutton, Tia; Levine, Carolyn; Haman, Patricia 

Subject: RE: Confirming VW call today at 1:30 with House energy and commerce 


Josh and all, 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025692 






Thanks, 

Evan 


Ex. 5, 7 


Evan Belser 

Chief, Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 
Office of Enforcement and Compliance Assurance 
United States Environmental Protection Agency 
202 - 564-6850 


Do not release this email. This is confidential attorney-client communication and 
privileged attorney work product created for law enforcement purposes. 


From: Lewis, Josh 

Sent: Tuesday, September 22, 2015 7:23 AM 

To: Belser, Evan; Wehrly, Line; Emmerson, Caroline; Kelley, Rosemarie; Cohen, 
Janet 

Cc: Sutton, Tia; Levine, Carolyn; Haman, Patricia 

Subject: Confirming VW call today at 1:30 with House energy and commerce 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025693 




To follow up on my message below, sounds like we're good for a 130 call today. I'll 
get a scheduler out later this morning with call in # and room in wjc north for those 
who want to come in person. 


Ex. 7 


I am on my cell phone this morning in case anyone needs to talk] Non-Responsive 


On Sep 21, 2015, at 11:54 AM, Lewis, Josh < hewis Josh@epa.gov > wrote: 


Peter Spencer from the Energy and Commerce Committee has asked for a phone 
call “to walk through the facts we know so far.” He wanted it today, I told him 
tomorrow is more likely doable. I talked to Tia in OTAQ and we’re thinking of 
offering 1:30-2:30 or 3:30-4:30 tomorrow for the call. 


Can you let me know how you want to staff this in OECA, and if you have a 
preference on timing? 


Josh Lewis 

EPA/Office of Congressional Affairs 
Office: 202 564 2095 
Cell: 202 329 2291 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025694 





To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: Michael Sivak 

Sent: Wed 9/23/2015 12:43:14 AM 

Subject: Congratulations 

Chris, 

Terrific job! 

htt p://www.nvtimes.com/20.15/09/22/business/it-took-epa-pressure-to-get-vw-to-adm it- 
fault.html? r=0 


Regards, 

Michael 

Michael Sivak, Ph.D. 

Director, Sustainable Worldwide Transportation 

University of Michigan 
Transportation Research Institute 
2901 Baxter Road 
Ann Arbor, MI 48109-2150 
U.S.A. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025695 



To: McCabe, Janet[McCabe.Janet@epa.gov] 

From: Grundler, Christopher 

Sent: Wed 9/23/2015 1:17:49 AM 

Subject: It Took E.P.A. Pressure to Get VW to Admit Fault - NYTimes.com 
Good to re-read. Good narrative for future questions 

http://mobile.nytimes.com/2015/09/22/business/it-took-epa-pressure-to-get-vw-to-admit- 

fault.html?referrer= 


Christopher Grundler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025696 



To: Grundler, Christopher[grundler.christopher@epa.gov] 

Cc: ! Ex/is ] 

II Ex. 6 l 

I_J 

From: f ex.'b ] 

Sent: Wed 9723/2015 l':20:08 AM 

Subject: Re: Google VW and EPA 

Take em to the cleaners, but see also: 

http://www.nvtimes.com/2015/09/23/nyregion/volkswagens-diesel-fraud-makes-critic-of-secret- 

code-a- 

prophet.htm l?action=click&contentCollection=Opinion&module=MostPopularFB&version=Full&region=Marg 

http://arstechnica.eom/tech-policv/2015/09/vw-scandal-highlights-ironv-of-epa-opposi t ion-to- 
vehicle-software-tinkering/ 

https://www.eff.Org/deeplinks/2015/04/automake:rs-sav-vou-dont-reallv-own-vour-car 

On Fri, Sep 18, 2015 at 12:58 PM, Grundler, Christopher < grundler.christopher@epa.go v> 
wrote: 

Part of what I've been working on lately in case you are curious 

Christopher Grundler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 


Ex. 6 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025697 










To: 

From: 

Sent: 

Subject: 


Ex. 7 l@usdoj.gov]; Kaul, Meetu[Kaul.Meetu@epa.gov] 

j 

werr97ZjrzoT5'z:03:b'G'AM J 

VW Owners Aren't Going to Like the Fixes for Their Diesels | WIRED 


j 

j 


Ex. 7 


i_ 

Ex. 7 i 




http://www.wired.com/2015/09/vw-owners-arent-going-like-fixes-diesels/ 


Sent from my iPhone 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025698 












To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: Shepardson, David 

Sent: Wed 9/23/2015 2:23:07 AM 

Subject: hey 

I am writing a tick tock of how this went down for Thursday 


Did you see this in WSJ -- just got posted 


In eariy August, a senior Voikswagen official flew from Germany to an automotive conference in Traverse City, Mich., to meet with a U.S. 
executive for the auto maker and a top California regulator to discuss the discrepancies, said a person familiar with the matter. At a resort in 
the northern Michigan town, suffering from power outages from an intense thunderstorm, the Volkswagen officials repeated claims that the 
failing emissions tests were the result of technical problems. 

California regulators continued questioning Voikswagen about the higher emissions, in August, at a transportation and energy conference in 
Pacific Grove, Calif., a U.S. Volkswagen official approached the senior California regulator again, this time with a disclosure: The German 
auto maker had been using defeat devices to circumvent emissions tests, one of the people said. 

On Sept. 3, California regulators, EPA officials and Voikswagen officials convened a conference call. Voikswagen gave a detailed 
presentation showing nearly a half million cars sold since 2008 had dual-calibration software allowing vehicles to meet emissions tests but 
pollute more during norma! driving conditions, one of the people said. 

Even after that call, Voikswagen pleaded for certification of its 2016 models, claiming it had swelling inventories that it needed to get to 
showrooms, the people said. Regulators refused. 


David Shepardson 

Detroit News Washington Bureau Chief 
529 14th Street NW Suite 969 
Washington, DC 20045 
(202) 662-8735 (phone) 

(202) 365-8210 (mobile) 
twitter.com/davidshepardson 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025699 



From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 2:48:07 AM 

Subject: Anatomy of VWs deception: The recall that never fixed any cars 

MAIL_CONVERSATION_TOPIC: Anatomy of VWs deception: The recall that never fixed any 

cars 

Created: Fri 3/18/2016 6:18:15 PM 

Volkswagen's decision to equip 11 million vehicles worldwide with devices to cheat emissions 
tests has sent the company into an acute corporate crisis... 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025700 



To: Grundler, Christopher[grundler.christopher@epa.gov]; Birgfeld, Erin[Birgfeld.Erin@epa.gov] 

From: Valentine, Julia 

Sent: Wed 9/23/2015 3:18:27 AM 

Subject: You may have already seen this one 

Jalopnik: Inside The Most Awkward Volkswagen Party In The World 
9/22/15 6:15pm 

At any big, flashy new car release, you expect to be accosted by public relations people all 
wearing name tags. “How do you like it?” they normally ask, or “Isn’t this exciting?” After I 
spent a few minutes milling around the entrance to the unveiling of the Volkswagen Passat last 
night, a security guard walked up to me. “Are you supposed to be here?” 


I wasn’t sure how to answer that question. In fact, I wasn’t sure any of us were 
supposed to be there. 


Three weeks ago, the German car company invited us, and seemingly every other New 
York-based auto journalist, to the unveiling of the new 2016 Volkswagen Passat at a big 
warehouse at the Brooklyn Navy Yard. It was the same place where the Cadillac CIS 
was unveiled, but unlike that party, none of us really wanted to go at the time. This is, 
after all, the Passat we’re talking about here, not the Bugatti Veyron successor. 

One of us actually just wanted to reply to the invite with “thanks,” and a simple link to the 
much nicer European version of the car, which we had already seen a while ago. 

But that was before we knew that Volkswagen had deceived regulators across the world 
and the car-buying public for years by rigging cars to massively cheat on emissions 
tests . Before we knew about the criminal and the Congressional investigations . Before 
we knew that a whole bunch of people were about to get fired. But the Passat reveal 
party had to move forward; like a wedding, it could not be canceled, because Aunt 
Mabel was flying in from Seattle and they already bought all the meat. 

So in the end, instead of swarming with the place with the hard-nosed Jalopnik beat 
reporters that we regularly employ, I somehow drew the short straw. Despite our best 
last-minute efforts to get as many people into the party as possible, I would be the only 
one going from our team. 

And in fairness to the security guard, at that exact moment I did look pretty out of place. 
Volkswagen had hired a bunch of water taxis to take the vast majority of the people from 
Battery Park to the Navy Yard. Most of the time, these things feel like the pre-game to a 
booze cruise. But I had a car, so I figured I’d just drive in, through the back entrance. 

Through the back entrance, there were no other journalists. Just guys from local 
dealers, who laughed at random jokes but then seemed to go way too quickly back to 
very nervous faces. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025701 



But after a half hour of the event staff politely, but firmly denying my pleas to get beyond 
the entrance area and into the main event, Doug DeMuro finally showed up, and they 
finally let us in to the big room where the reveal party was located. (You’re probably 
wondering why Doug got in, even though I just said they weren’t letting any extra Jalops 
in. All I can say is that the Doug works in mysterious ways, but also occasionally does 
freelance for other publications.) 

And it was a big room. A vast, empty room. Large enough to fit several elephants that 
no one from Volkswagen wanted to discuss at the moment. 


There’s a weird feeling that you get when you’re at a party that’s highly inappropriate. 
No one throwing it really feels like celebrating much, and everyone sort of looks at the 
floor or pretends to be Very Busy with something. All the invited guests - in this case, 
the journalists - make horrible, dark jokes about what’s been going on. Maybe it 
should’ve been canceled, everyone thinks. 

But it was not canceled, so everything just sort of goes on, without anyone 
acknowledging everything that’s happening. Which isn’t to say we didn’t try to 
acknowledge it. Any Volkswagen staffer I could find, which is to say, every person that I 
asked if they worked for Volkswagen, could only offer a firm, polite “no comment,” along 
with a firm, polite, and icy glare, from the booth professionals to the suits. 


We milled around for an hour or so, listlessly or boisterously depending on how much of 
the VW-supplied alcohol we’d gone for while black-shirted waiters and waitresses tried 
to offer us a constant stream of miniature crab cakes. They had the ostensibly 
mandatory televisions, displaying tweets with the ostensibly mandatory hashtag for the 
night. They didn’t post my tweets to the televisions, no matter how hard I tried . 

It was lot emptier than I, and probably Volkswagen, expected. The room wasn’t getting 
any smaller, and it wasn’t filling up as fast as these things usually do. When there’s 
something to be celebrated, people like to celebrate. When the only thing being 
celebrated is a mid-cycle refresh, accompanied by a scandal of massive proportions, 
intention, and deceit, I guess people don’t really feel like showing up to celebrate. 

I didn’t have any of the crab cakes. 

After an hour of what felt like interminable mingling, Volkswagen USA CEO Michael 
Horn finally arrived. And, like any gracious and exuberant party host, he began by 
proclaiming his company’s own dishonesty, and proclaiming its mistakes: 

“In my German words, we totally screwed up,” he said. A single person clapped. 

To be honest, it was almost refreshing to hear this Reaqanesque mea culpa. Though it 
was almost wholly unsatisfying in what wasn’t said. No questions were allowed, even 
though we were all wondering variations on similar themes. Who knew about this? 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025702 



When did they know about this? Surely you, personally, had to have known about this? 
Why did you do it? How could you think you wouldn’t get caught? How long did you 
think this would go on? Why didn’t one of your competitors, who buy up your cars to 
endlessly study them, X-ray them, take them apart and test them six ways to Sunday, 
blow the whistle in the supposedly “ruthless” automotive business? 

We didn’t get any answers. Because in the world of Volkswagen, when you’re staring 
down the barrel of an investigatory gun but you’re still throwing one of the biggest 
parties in New York, we were “only here to talk about Passat.” 

And once Horn was finished issuing his apologies, music started blaring and three 
Passats immediately rolled out. One white R-line, one silver example in a basic trim, 
and a blue diesel model. 

Not much was said about the diesel. 

We all performed the requisite kabuki of getting live photos of the cars, even though 
most of the writers there had already agreed to embargoes and had seen photos of the 
car hours ago, scheduling articles on it to go live even before Horn had finished reading 
off of the press release. The ritual continued unabated. 

They left the cars out, rotating silently on three little stands. After the first 15 minutes, 
most stopped crawling all over a vehicle that was already too familiar. We had been told 
Lenny Kravitz was playing, and by then, when we realized none of our questions truly 
would be answered, and there was nothing of this car that was going to light our hair on 
fire, was the only reason for staying much longer. 

After an hour, Lenny finally showed up. He brought the house down. He was a 
professional. He earned the money I’m sure he was paid. He shoved his guitar-crotch 
into the face of a poor model Volkswagen had paid to be there. 


vw FOIA, EPA 


06/20/2017 


2017-FFP 025703 



To: Valentine, Julia[Valentine.Julia@epa.gov] 

From: Grundler, Christopher 

Sent: Wed 9/23/2015 3:31:07 AM 

Subject: Re: Do you have statement on VW on what you guys are doing ? 



I 


J 


Christopher Gmndler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 

On Sep 22, 2015, at 11:23 PM, Valentine, Julia < Valentine.Julia@epa.gov > wrote: 


FYI, Chris, from Shepardson. 



From: Shepardson, David < DShepardson@detroitnews.com > 

Sent: Tuesday, September 22, 2015 10:24 PM 
To: Valentine, Julia 

Subject: Re: Do you have statement on VW on what you guys are doing ? 


did you see this in the WSJ that posted tonight? I am doing a tick took for Thursday 


In early August, a senior Volkswagen official flew from Germany to an 
automotive conference in Traverse City, Mich., to meet with a U.S. executive 
for the auto maker and a top California regulator to discuss the 
discrepancies, said a person familiar with the matter. At a resort in the 
northern Michigan town, suffering from power outages from an intense 
thunderstorm, the Volkswagen officials repeated claims that the failing 
emissions tests were the result of technical problems. 

California regulators continued questioning Volkswagen about the higher 
emissions. In August, at a transportation and energy conference in Pacific 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025704 





Grove, Calif., a U.S. Volkswagen official approached the senior California 
regulator again, this time with a disclosure: The German auto maker had 
been using defeat devices to circumvent emissions tests, one of the people 
said. 

On Sept. 3, California regulators, EPA officials and Volkswagen officials 
convened a conference call. Volkswagen gave a detailed presentation 
showing nearly a half million cars sold since 2008 had dual-calibration 
software allowing vehicles to meet emissions tests but pollute more during 
normal driving conditions, one of the people said. 

Even after that call, Volkswagen pleaded for certification of its 2016 models, 
claiming it had swelling inventories that it needed to get to showrooms, the 
people said. Regulators refused. 


David Shepardson 

Detroit News Washington Bureau Chief 
529 14th Street NW Suite 969 
Washington, DC 20045 
(202) 662-8735 (phone) 

(202) 365-8210 (mobile) 
twitter.com/davidshepardson 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025705 



I 




From: Shepardson, David < DShepardson@detroitnews.com > 

Sent: Tuesday, September 22, 2015 10:24 PM 
To: Valentine, Julia 

Subject: Re: Do you have statement on VW on what you guys are doing ? 


did you see this in the WSJ that posted tonight? I am doing a tick tock for 
Thursday 


In early August, a senior Volkswagen official flew from Germany to an 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025706 





automotive conference in Traverse City, Mich., to meet with a U.S. 
executive for the auto maker and a top California regulator to discuss the 
discrepancies, said a person familiar with the matter. At a resort in the 
northern Michigan town, suffering from power outages from an intense 
thunderstorm, the Volkswagen officials repeated claims that the failing 
emissions tests were the result of technical problems. 

California regulators continued questioning Volkswagen about the higher 
emissions. In August, at a transportation and energy conference in 
Pacific Grove, Calif., a U.S. Volkswagen official approached the senior 
California regulator again, this time with a disclosure: The German auto 
maker had been using defeat devices to circumvent emissions tests, one 
of the people said. 

On Sept. 3, California regulators, EPA officials and Volkswagen officials 
convened a conference call. Volkswagen gave a detailed presentation 
showing nearly a half million cars sold since 2008 had dual-calibration 
software allowing vehicles to meet emissions tests but pollute more 
during normal driving conditions, one of the people said. 

Even after that call, Volkswagen pleaded for certification of its 2016 
models, claiming it had swelling inventories that it needed to get to 
showrooms, the people said. Regulators refused. 


David Shepardson 

Detroit News Washington Bureau Chief 
529 14th Street NW Suite 969 
Washington, DC 20045 
(202) 662-8735 (phone) 

(202) 365-8210 (mobile) 
twitter.com/davidsheDardson 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025707 



From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 4:18:12 AM 

Subject: Volkswagen hires US law firm to deal with emission scandal 

MAIL_CONVERSATION_TOPIC: Volkswagen hires US law firm to deal with emission scandal 

Created: Fri 3/18/2016 6:18:15 PM 

Volkswagen AG has hired the U.S. law firm Kirkland &amp; Ellis LLP to help it deal with the 
widening scandal. 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025708 



To: McCabe, JanetfMcCabe.Janet@epa.gov] 

From: Grundler, Christopher 

Sent: Wed 9/23/2015 5:20:47 AM 

Subject: VW Emergency Board Meeting moved to tomorrow (Wednesday) 


Christopher Grundler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025709 



To: Belser, Evan[Belser.Evan@epa.gov] 

From: Brooks, Phillip 

Sent: Wed 9/23/2015 6:15:38 AM 

Subject: Putting a Price on Volkswagen's Diesel Emission-Fraud Liability - Bloomberg Business 


http://www.bloomberg.com/news/articles/2015-09-22/putting-a-price-on-volkswagen-s-diesel-emission- 

fraud-liability 


Sent from my iPhone 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025710 



To: Chapman, Apple[Chapman.Apple@epa.gov] 

From: Brooks, Phillip 

Sent: Wed 9/23/2015 6:16:08 AM 

Subject: Putting a Price on Volkswagen's Diesel Emission-Fraud Liability - Bloomberg Business 
For perspective. 


http://www.bloomberg.com/news/articles/2015-09-22/putting-a-price-on-volkswagen-s-diesel-emission- 

fraud-liability 


Sent from my iPhone 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025711 



To: Giles-AA, Cynthia[Giles-AA.Cynthia@epa.gov] 

From: Brooks, Phillip 

Sent: Wed 9/23/2015 6:16:27 AM 

Subject: Putting a Price on Volkswagen's Diesel Emission-Fraud Liability - Bloomberg Business 


http://www.bloomberg.com/news/articles/2015-09-22/putting-a-price-on-volkswagen-s-diesel-emission- 

fraud-liability 


Sent from my iPhone 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025712 



To: Brooks, Phillip[Brooks.Phillip@epa.gov] 

From: Environmental Law360 

Sent: Wed 9/23/2015 7:31:12 AM 

Subject: Sage-Grouse Decision To Test Collaborative Conservation 



ENVIRONMENTAL 


Wednesday, September 23, 2015 


TOP NEWS 


VW Says Emissions Fraud Affects 11 Hi Vehicles 

Volkswagen AG announced Tuesday that it installed software designed to circumvent 
emissions standards in 11 million diesel vehicles worldwide, and estimated the cost of a 
service program to remove the so-called “defeat device” at €6.5 billion ($7.2 billion) for the 
third quarter of fiscal year 2015. 

After 3 Months. NY Court Junks NYC Styrofoam Ban 

The Supreme Court of the State of New York vacated a recent ban on styrofoam containers 
in New York City Monday ruling that a determination from the city’s sanitation department on 
the economic feasibility and environmental effectiveness of recycling the containers was 
arbitrary and capricious. 

Nev. High Court Diverts General Moly Water Use Plan 

Nevada's high court has reversed a state court's refusal to review a move by a state 
engineer to approve a massive water-usage plan contemplated by General Moly Inc. that 
would allow it to operate a mining project, finding the evidence shows the plan would 
completely deplete senior water rights. 

Colo. Supreme Court To Rule On Local Fracking Ban 

The Colorado Supreme Court on Monday agreed to hear an appeal from the city of 
Longmont, which voted in 2012 to block fracking, in a case that could settle the hotly 
disputed question of whether such local ordinances are legal or whether they are preempted 
by state regulations. 

No ESA Listing For Greater Sage-Grouse 

The U.S. Fish and Wildlife Service said Tuesday that the greater sage-grouse does not 
require protection under the Endangered Species Act, a win for the energy industry, 
ranchers and other landowners in the West. 

ANALYSIS 


LAW 

FIRMS 

Allison 

MacKen 

Archer 

&_ 

Greiner 

Ballard 

Spahr 

Blank 

Rome 

Bressler 

Amery 

Brownst 

Hyatt 

Cleary 

Gottlieb 

Clifford 

Law 

Offices 

Crain 

Caton 

DLA 

Piper 

Dechert 

Donahot 

&_ 

Associal 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025713 





Sage-Grouse Decision To Test Collaborative Conservation 

The U.S. Fish and Wildlife Service's decision Tuesday to not list the greater sage-grouse as 
an endangered species speaks volumes for collaborative conservation, but experts say the 
ultimate outcome of such an approach remains to be seen. 

POLICY & REGULATION 


The U.S. Department of Transportation unveiled three connected vehicle pilot programs 
Tuesday — in New York City, Tampa, Florida, and the state of Wyoming — ramping up the 
agency's efforts to encourage widespread use of the technology that allows vehicles to 
communicate with each other to promote safety and reduce emissions. 

Regulators To Speed Up Infrastructure Project Reviews 

The nearly dozen federal agencies that sign off on infrastructure projects, such as major 
transit developments, bridge repairs and airport capital improvements, will move faster to 
approve permits and conduct environmental reviews under a new batch of initiatives the 
Obama administration revealed Tuesday. 

Blackfeet Nation Gets US Panel’s Backing In Oil Lease Row 

A federal panel recommended canceling Solenex LLC's oil and gas lease on land sacred to 
the Blackfeet Nation near Glacier National Park in northwest Montana, finding Monday that 
the area is “of premier importance” to the tribe's religious and cultural traditions. 

US Trade Rep Releases Detailed TPP Goals Across All Areas 

In an effort to calm the ongoing rancor over a lack of transparency in the Trans-Pacific 
Partnership talks, the U.S. Trade Representative's office on Tuesday published a detailed 
list of its negotiating objectives for the entire accord, including within persistently thorny 
areas such as labor, the environment and intellectual property. 

Mont. Tribal Council Opposes $403M Coal Railroad 

The Northern Cheyenne Tribal Council on Monday reportedly voted to oppose plans by a 
BNSF Railway Co. and Arch Coal Inc. partnership to build a $403 million railroad to 
transport coal in southeastern Montana, fearing the environmental and cultural impact of the 
project. 

LITIGATION 


Drivers Hit Volkswagen With More Emissions Fraud Suits 


LAW 

FIRMS 

Allison 

MacKen 

Archer 

&_ 

Greiner 

Ballard 

Spahr 

Blank 

Rome 

Bressler 

Amery 

Brownst 

Hyatt 

Cleary 

Gottlieb 

Clifford 

Law 

Offices 

Crain 

Caton 

DLA 

Piper 

Dechert 

Donaho< 

&_ 

Associal 

Duane 

Morris 

Edwards 

Wildmar 

Fox 

Rothsch 

Gibson 

Dunn 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025714 



Volkswagen was hit with at least nine more class actions on Monday and Tuesday by U.S. 
drivers seeking damages for diesel-burning autos that the manufacturer touted as 
environmentally friendly but the U.S. Environmental Protection Agency recently revealed 
were designed to fool emissions tests. 

3rd Circ. Grants En Banc Rehearing In Banana Workers' Suit 

The Third Circuit on Tuesday granted an en banc rehearing of its decision that banana 
plantation workers engaged in forum shopping by filing two suits in different districts 
accusing Dole Food Co. Inc., Chiquita Brands International Inc. and others of exposing them 
to harmful pesticides. 


LAW 

FIRMS 

Allison 

MacKen 

Archer 

&_ 

Greiner 

Ballard 

Spahr 


ExxonMobil Deal Detractors Keep Pushing To Join Suit Blank 

Rome 

An environmental attorney told a New Jersey judge on Tuesday that joining the state’s 
contamination lawsuit against ExxonMobil Corp. is his clients’ only option in the case’s post- Bressler 
decision stage to appeal the $225 million settlement, which they claim undervalues the Arrierv - 
natural resource damages. 

Brown st 

Dow Chemical Fights BASF Bid To Gut Texas Superfund Suit Hvatt 


BASF Corp. can’t escape a Superfund cleanup suit, The Dow Chemical Co. told a Texas 
federal judge Monday, saying that federal and state law claims can coexist and that 
negligence claims can stem from environmental laws. 

Insurer Can't Seek $2.2M Oil Spill Cleanup Costs, Judqe Told 


American Overseas Marine Co. shot back Tuesday against a Boston boat repair company's 
insurer in a fight over a $2.2 million oil spill, telling a Massachusetts federal court that the 
insurer cannot collect money for the cleanup since AMSEA too was covered on the repair 
company’s policy. 

Tribe Awarded 17K Lbs. Of Clams From Shellfish Grower 

A Washington shellfish grower must repay more than 17,000 pounds of Manila clams to the 
Squaxin island Tribe after a federal judge found Monday that the grower unlawfully deprived 
the tribe of harvesting its treaty share of clams in the Southern Puget Sound. 

Senate Democrats Announce Clean Energy Legislation 

A group of Senate Democrats, led by Sen. Maria Cantwell, D-Wash., on Tuesday introduced 
a bill that lays out a Democratic vision for the country's energy future, including cutting 
carbon pollution, providing tax incentives for clean energy and offering research funding. 

SolarCitv Savs Contractor Hid Fraud Before $45M Project 


A SolarCity Corp. contractor allegedly covered up a history of fraud before agreeing to and 
then abandoning a $45 million contract to help build solar power systems in Massachusetts, 
SolarCity alleged in federal court Monday. 


Cleary 

Gottlieb 

Clifford 

Law 

Offices 

Crain 

Caton 

DLA 

Piper 

Dechert 

Donahoi 

&_ 

Associal 

Duane 

Morris 

Edwards 

Wildmar 

Fox 

Rothsch 

Gibson 

Dunn 


EXPERT ANALYSIS 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025715 


Property Pooling Pits Ohio Municipalities Against State 


The Franklin County Court of Common Pleas' ruling in Simmers v. City of North Royalton 
that the mandatory pooling of property cannot be approved without evidence that safety and 
other intangible concerns were considered is the most recent battle between Ohio 
municipalities and the state over the power to regulate oil and gas drilling and related 
operations, says Carter Strang of Tucker Ellis LLP. 

LEGAL INDUSTRY 

Trial Ace: Steptoe's Michael Dockterman 

During nearly 40 years in the courtroom, Steptoe & Johnson LLP partner Michael 
Dockterman has nimbly blended old-school and new-school techniques, at times deploying 
his towering 6-foot-4 persona during blistering cross-examinations and charming judges with 
testimony from stuffed animals. 

3 Wavs Law Firms Goose The Bills 

Even when clients are going over their bills with a magnifying glass, firms have ways to 
make the numbers say what they want them to say. Here's how they do it. 

1 In 4 Law Firms Are Victims Of A. Data Breach 

Almost half of attorneys say their firms have no data breach response plan in place, even 
though an American Bar Association survey has found that one in four law firms with at least 
100 attorneys have experienced a breach due to a hacker, website attack, break-in, or lost 
or stolen computer or smartphone. 

Mintz Levin IP A tty Sanctioned For 'Bullying' In Divorce Case 

A Mintz Levin Cohn Ferris Glovsky & Popeo PC patent attorney was sanctioned $10,000 
after a New York state judge found he flouted the rules of professional conduct by attacking 
attorneys, witnesses and even judges while representing himself in a divorce from his wife, 
a patent attorney at Weil Gotshal & Manges LLP. 

Stephen Colbert's Brother To Helm IP Shop Kenyon & Kenyon 

Edward T. Colbert, noted intellectual property lawyer and brother of the host of "The Late 
Show with Stephen Colbert," has been elected managing partner of Kenyon & Kenyon LLP, 
taking the reins of the IP boutique he has been with for more than two decades, the firm 
announced Monday. 

Phillv Firms In Papal Crosshairs Aim To Minimize Disruption 

Leaders of some of Pennsylvania's most prominent law firms are rolling out contingency 
plans to ensure that work for their clients is not hampered even as they prepare to close 
their doors Friday in response to security measures taking effect for Pope Francis' historic 

visit to Philadelphia this weekend. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025716 


JOBS 

Search full listings or advertise your job opening _ 

Girardi 

and 

Keese 

Holland 
& Hart 

Jones 

Day 

Kanner 

&_ 

White lev 

Kenyon 

&_ 

Kenyon 

Kessler 

Topaz 

Kirkland 
& Ellis 

Latham 

&_ 

Watkins 

Locke 

Lord 


Girard 

Gibbs 


Lundy 

Law 

LLP 


Mintz 

Levin 

Morgan 

Lewis 


Morris 

James 

Morris 

Nichols 

Morris 

Poiich 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025717 






Nelson 

Mullins 


Nossam 

LLP 


Parsons 

Behle 

Paul 

Weiss 

Pepper 

Hamiltor 

Phillips 

Goldmai 

Pillsbury 

Winthro; 

Quinn 

Emanue 

Reed 

Smith 

Richard; 

Layton 

Schirrm; 

Diaz- 

Arrastia 

Steptoe 

&_ 

Johnson 


Stoel 

Rives 

Strasbui 
& Price 

Tucker 

Ellis 


Vinson 
& Elkins 

Weil 

Gotshal 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025718 



Winston 

&_ 

Strawn 

Young 

Conawa 

COMPA 

Amazon 

Inc. 


America 

Bar 

Associal 

Arch 

Coal 

Inc. 


Ashland 

Inc. 


BASF 

SE 


BNSF 

Railway 

Caesars 

Entertait 

Caesars 
Entertait 
Operatir 
Co. Inc. 

Center 

for 

Biologic; 

Diversity, 

Inc. 


Chiquita 

Brands 

Internati 

Inc. 


Del 

Monte 

Foods 

Compan 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025719 



Dell Inc. 


Dole 

Food 

Compan 

Inc. 


Dow 

Chemic; 

Co. 


Exxon 

Mobil 

Corpora 

FTI 

Consulti 

Inc. 


Federal 

Bar 

Associal 

General 

Dynamic 

Corpora' 

General 

Moly, 

Inc 


Hercules 

Offshore 

Inc. 


Ironshor 

Inc. 


Madison 

Square 

Garden. 

Inc. 


Martha 

Stewart 

Living 

Qmnime 

Inc. 


Publicis 

Groupe 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025720 



Royal 

Dutch 

Shell 

PIC 


Seaboai 

Corp 

Sierra 

Club 


SolarCit 1 

Corp. 

United 

States 

Olympic 

Committ 

Volkswa 

Westing 

Electric 

Corp. 

GOVER 

AGENCI 

Army 

Corps 

of. 

Enqinee 

Blackfee 

Nation 

Bureau 
of Land 
Manage 

Depart rr 

gf_ 

Aqriculti. 

Depart rr 
of. 

Energy 

Depart rr 
of the 
Interior 

Environr 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025721 



Protectic 

Agency 


Fish 

and 

Wildlife 

Service 

Office 

of_ 

Manage 

and 

Budget 

Squaxin 

Island 

Tribe 


Surface 

Transpo 

Board 

U.S. 

Army 

U.S. 

Coast 

Guard 


U.S. 
Depart nr 
of 

Transpo 

U.S. 

Navy 

U.S. 

Patent 

and 

Tradem. 

Office 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025722 



LAW FIRMS 
Blank Rome 


Gibson Dunn 
Morgan Lewis 
Allison MacKenzie 
Archer & Greiner 
Ballard Spahr 
Bresslcr Amery 
Brownstcin Hyatt 
Cleary Gottlieb 
Clifford Law Offices 
Crain Caton 
DLA Piper 
Dechert 

Donahoo & Associates 
Duane Morris 
Edwards Wildman 
Fox Rothschild 
Girard Gibbs 
Girardi and Keese 
Holland & Hart 
Jones Day 
Kanner & Whiteley 
Kenyon & Kenyon 
Kessler Topaz 
Kirkland & Ellis 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025723 



Latham & Watkins 


Locke Lord 

Lundy Law LLP 

Mintz Levin 

Moms James 

Moms Nichols 

Moms Polich 

Nelson Mullins 

Nossaman LLP 

Parsons Behle 

Paul Weiss 

Pepper Hamilton 

Phillips Goldman 

Pillsbury Winthrop 

Quinn Emanuel 

Reed Smith 

Richards Layton 

Schirrmeister Diaz-Arrastia 

Steptoe & Johnson LLP 

Stoel Rives 

Strasburger & Price 

Tucker Ellis 

Vinson & Elkins 

Weil Gotshal 

Winston & Strawn 

Young Conaway 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025724 



COMPANIES 
Dow Chemical Co. 


Volkswagen 
Amazon.com Inc. 

American. Bar Association 
Arch Coal Inc. 

Ashland Inc. 

BASF SE 

BNSF Railway 

Caesars Entertainment 

Caesars Entertainment Operating Co. Inc, 

Center for Biological Diversity Inc. 

Chiquita Brands International Inc. 

Del Monte Foods Company 
Dell Inc. 

Dole Food Company Inc. 

Exxon Mobil Corporation 
r 11 Consulting me. 

Federal Bar Association 
General Dynamics Corporation 
General Moty; Inc 
Hercules Offshore, Inc. 

Iron shore Inc. 

Madison Square Garden, Inc. 

Martha Stewart Living Omnimedia, Inc. 
Publicis Groupe 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025725 



Royal Dutch Shell PLC 


Seaboard Coip 
Sierra Club 
SolarCity Corp. 

United States Olympic Committee 
Westinghouse Electric Corp. 


GOVERNMENT AGENCIES 
Environmental Protection Agency 

Bureau of Land Management 

Department of Energy 

Department of the Interior 

Fish and Wildlife Service 

U.S. Coast Guard 

U.S. Department of Transportation. 

Army Corps of Engineers 

Blackfeet Nation 

Department of Agriculture 

Office of Management and Budget 

Squaxin Island Tribe 



U.S. Army 
U.S. Navy 


U.S. Patent and Trademark Office 


JOBS 

Search full listings or advertise your fob opening 



2017-FFP 025726 


VW FOIA, EPA 


06/20/2017 


















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vw FOIA, EPA 


06/20/2017 


2017-FFP 025727 



To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: Environmental Law360 

Sent: Wed 9/23/2015 7:32:48 AM 

Subject: Sage-Grouse Decision To Test Collaborative Conservation 



ENVIRONMENTAL 


Wednesday, September 23, 2015 


TOP NEWS 


VW Says Emissions Fraud Affects 11 Hi Vehicles 

Volkswagen AG announced Tuesday that it installed software designed to circumvent 
emissions standards in 11 million diesel vehicles worldwide, and estimated the cost of a 
service program to remove the so-called “defeat device” at €6.5 billion ($7.2 billion) for the 
third quarter of fiscal year 2015. 

After 3 Months. NY Court Junks NYC Styrofoam Ban 

The Supreme Court of the State of New York vacated a recent ban on styrofoam containers 
in New York City Monday ruling that a determination from the city’s sanitation department on 
the economic feasibility and environmental effectiveness of recycling the containers was 
arbitrary and capricious. 

Nev. High Court Diverts General Moly Water Use Plan 

Nevada's high court has reversed a state court's refusal to review a move by a state 
engineer to approve a massive water-usage plan contemplated by General Moly Inc. that 
would allow it to operate a mining project, finding the evidence shows the plan would 
completely deplete senior water rights. 

Colo. Supreme Court To Rule On Local Fracking Ban 

The Colorado Supreme Court on Monday agreed to hear an appeal from the city of 
Longmont, which voted in 2012 to block fracking, in a case that could settle the hotly 
disputed question of whether such local ordinances are legal or whether they are preempted 
by state regulations. 

No ESA Listing For Greater Sage-Grouse 

The U.S. Fish and Wildlife Service said Tuesday that the greater sage-grouse does not 
require protection under the Endangered Species Act, a win for the energy industry, 
ranchers and other landowners in the West. 

ANALYSIS 


LAW 

FIRMS 

Allison 

MacKen 

Archer 

&_ 

Greiner 

Ballard 

Spahr 

Blank 

Rome 

Bressler 

Amery 

Brownst 

Hyatt 

Cleary 

Gottlieb 

Clifford 

Law 

Offices 

Crain 

Caton 

DLA 

Piper 

Dechert 

Donahot 

&_ 

Associal 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025728 





Sage-Grouse Decision To Test Collaborative Conservation 

The U.S. Fish and Wildlife Service's decision Tuesday to not list the greater sage-grouse as 
an endangered species speaks volumes for collaborative conservation, but experts say the 
ultimate outcome of such an approach remains to be seen. 

POLICY & REGULATION 


The U.S. Department of Transportation unveiled three connected vehicle pilot programs 
Tuesday — in New York City, Tampa, Florida, and the state of Wyoming — ramping up the 
agency's efforts to encourage widespread use of the technology that allows vehicles to 
communicate with each other to promote safety and reduce emissions. 

Regulators To Speed Up Infrastructure Project Reviews 

The nearly dozen federal agencies that sign off on infrastructure projects, such as major 
transit developments, bridge repairs and airport capital improvements, will move faster to 
approve permits and conduct environmental reviews under a new batch of initiatives the 
Obama administration revealed Tuesday. 

Blackfeet Nation Gets US Panel’s Backing In Oil Lease Row 

A federal panel recommended canceling Solenex LLC's oil and gas lease on land sacred to 
the Blackfeet Nation near Glacier National Park in northwest Montana, finding Monday that 
the area is “of premier importance” to the tribe's religious and cultural traditions. 

US Trade Rep Releases Detailed TPP Goals Across All Areas 

In an effort to calm the ongoing rancor over a lack of transparency in the Trans-Pacific 
Partnership talks, the U.S. Trade Representative's office on Tuesday published a detailed 
list of its negotiating objectives for the entire accord, including within persistently thorny 
areas such as labor, the environment and intellectual property. 

Mont. Tribal Council Opposes $403M Coal Railroad 

The Northern Cheyenne Tribal Council on Monday reportedly voted to oppose plans by a 
BNSF Railway Co. and Arch Coal Inc. partnership to build a $403 million railroad to 
transport coal in southeastern Montana, fearing the environmental and cultural impact of the 
project. 

LITIGATION 


Drivers Hit Volkswagen With More Emissions Fraud Suits 


LAW 

FIRMS 

Allison 

MacKen 

Archer 

&_ 

Greiner 

Ballard 

Spahr 

Blank 

Rome 

Bressler 

Amery 

Brownst 

Hyatt 

Cleary 

Gottlieb 

Clifford 

Law 

Offices 

Crain 

Caton 

DLA 

Piper 

Dechert 

Donaho< 

&_ 

Associal 

Duane 

Morris 

Edwards 

Wildmar 

Fox 

Rothsch 

Gibson 

Dunn 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025729 



Volkswagen was hit with at least nine more class actions on Monday and Tuesday by U.S. 
drivers seeking damages for diesel-burning autos that the manufacturer touted as 
environmentally friendly but the U.S. Environmental Protection Agency recently revealed 
were designed to fool emissions tests. 

3rd Circ. Grants En Banc Rehearing In Banana Workers' Suit 

The Third Circuit on Tuesday granted an en banc rehearing of its decision that banana 
plantation workers engaged in forum shopping by filing two suits in different districts 
accusing Dole Food Co. Inc., Chiquita Brands International Inc. and others of exposing them 
to harmful pesticides. 


LAW 

FIRMS 

Allison 

MacKen 

Archer 

&_ 

Greiner 

Ballard 

Spahr 


ExxonMobil Deal Detractors Keep Pushing To Join Suit Blank 

Rome 

An environmental attorney told a New Jersey judge on Tuesday that joining the state’s 
contamination lawsuit against ExxonMobil Corp. is his clients’ only option in the case’s post- Bressler 
decision stage to appeal the $225 million settlement, which they claim undervalues the Arrierv - 
natural resource damages. 

Brown st 

Dow Chemical Fights BASF Bid To Gut Texas Superfund Suit Hvatt 


BASF Corp. can’t escape a Superfund cleanup suit, The Dow Chemical Co. told a Texas 
federal judge Monday, saying that federal and state law claims can coexist and that 
negligence claims can stem from environmental laws. 

Insurer Can't Seek $2.2M Oil Spill Cleanup Costs, Judqe Told 


American Overseas Marine Co. shot back Tuesday against a Boston boat repair company's 
insurer in a fight over a $2.2 million oil spill, telling a Massachusetts federal court that the 
insurer cannot collect money for the cleanup since AMSEA too was covered on the repair 
company’s policy. 

Tribe Awarded 17K Lbs. Of Clams From Shellfish Grower 

A Washington shellfish grower must repay more than 17,000 pounds of Manila clams to the 
Squaxin island Tribe after a federal judge found Monday that the grower unlawfully deprived 
the tribe of harvesting its treaty share of clams in the Southern Puget Sound. 

Senate Democrats Announce Clean Energy Legislation 

A group of Senate Democrats, led by Sen. Maria Cantwell, D-Wash., on Tuesday introduced 
a bill that lays out a Democratic vision for the country's energy future, including cutting 
carbon pollution, providing tax incentives for clean energy and offering research funding. 

SolarCitv Savs Contractor Hid Fraud Before $45M Project 


A SolarCity Corp. contractor allegedly covered up a history of fraud before agreeing to and 
then abandoning a $45 million contract to help build solar power systems in Massachusetts, 
SolarCity alleged in federal court Monday. 


Cleary 

Gottlieb 

Clifford 

Law 

Offices 

Crain 

Caton 

DLA 

Piper 

Dechert 

Donahoi 

&_ 

Associal 

Duane 

Morris 

Edwards 

Wildmar 

Fox 

Rothsch 

Gibson 

Dunn 


EXPERT ANALYSIS 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025730 


Property Pooling Pits Ohio Municipalities Against State 


The Franklin County Court of Common Pleas' ruling in Simmers v. City of North Royalton 
that the mandatory pooling of property cannot be approved without evidence that safety and 
other intangible concerns were considered is the most recent battle between Ohio 
municipalities and the state over the power to regulate oil and gas drilling and related 
operations, says Carter Strang of Tucker Ellis LLP. 

LEGAL INDUSTRY 

Trial Ace: Steptoe's Michael Dockterman 

During nearly 40 years in the courtroom, Steptoe & Johnson LLP partner Michael 
Dockterman has nimbly blended old-school and new-school techniques, at times deploying 
his towering 6-foot-4 persona during blistering cross-examinations and charming judges with 
testimony from stuffed animals. 

3 Wavs Law Firms Goose The Bills 

Even when clients are going over their bills with a magnifying glass, firms have ways to 
make the numbers say what they want them to say. Here's how they do it. 

1 In 4 Law Firms Are Victims Of A. Data Breach 

Almost half of attorneys say their firms have no data breach response plan in place, even 
though an American Bar Association survey has found that one in four law firms with at least 
100 attorneys have experienced a breach due to a hacker, website attack, break-in, or lost 
or stolen computer or smartphone. 

Mintz Levin IP A tty Sanctioned For 'Bullying' In Divorce Case 

A Mintz Levin Cohn Ferris Glovsky & Popeo PC patent attorney was sanctioned $10,000 
after a New York state judge found he flouted the rules of professional conduct by attacking 
attorneys, witnesses and even judges while representing himself in a divorce from his wife, 
a patent attorney at Weil Gotshal & Manges LLP. 

Stephen Colbert's Brother To Helm IP Shop Kenyon & Kenyon 

Edward T. Colbert, noted intellectual property lawyer and brother of the host of "The Late 
Show with Stephen Colbert," has been elected managing partner of Kenyon & Kenyon LLP, 
taking the reins of the IP boutique he has been with for more than two decades, the firm 
announced Monday. 

Phillv Firms In Papal Crosshairs Aim To Minimize Disruption 

Leaders of some of Pennsylvania's most prominent law firms are rolling out contingency 
plans to ensure that work for their clients is not hampered even as they prepare to close 
their doors Friday in response to security measures taking effect for Pope Francis' historic 

visit to Philadelphia this weekend. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025731 


JOBS 

Search full listings or advertise your job opening _ 

Girardi 

and 

Keese 

Holland 
& Hart 

Jones 

Day 

Kanner 

&_ 

White lev 

Kenyon 

&_ 

Kenyon 

Kessler 

Topaz 

Kirkland 
& Ellis 

Latham 

&_ 

Watkins 

Locke 

Lord 


Girard 

Gibbs 


Lundy 

Law 

LLP 


Mintz 

Levin 

Morgan 

Lewis 


Morris 

James 

Morris 

Nichols 

Morris 

Poiich 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025732 






Nelson 

Mullins 


Nossam 

LLP 


Parsons 

Behle 

Paul 

Weiss 

Pepper 

Hamiltor 

Phillips 

Goldmai 

Pillsbury 

Winthro; 

Quinn 

Emanue 

Reed 

Smith 

Richard; 

Layton 

Schirrm; 

Diaz- 

Arrastia 

Steptoe 

&_ 

Johnson 


Stoel 

Rives 

Strasbui 
& Price 

Tucker 

Ellis 


Vinson 
& Elkins 

Weil 

Gotshal 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025733 



Winston 

&_ 

Strawn 

Young 

Conawa 

COMPA 

Amazon 

Inc. 


America 

Bar 

Associal 

Arch 

Coal 

Inc. 


Ashland 

Inc. 


BASF 

SE 


BNSF 

Railway 

Caesars 

Entertait 

Caesars 
Entertait 
Operatir 
Co. Inc. 

Center 

for 

Biologic; 

Diversity, 

Inc. 


Chiquita 

Brands 

Internati 

Inc. 


Del 

Monte 

Foods 

Compan 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025734 



Dell Inc. 


Dole 

Food 

Compan 

Inc. 


Dow 

Chemic; 

Co. 


Exxon 

Mobil 

Corpora 

FTI 

Consulti 

Inc. 


Federal 

Bar 

Associal 

General 

Dynamic 

Corpora' 

General 

Moly, 

Inc 


Hercules 

Offshore 

Inc. 


Ironshor 

Inc. 


Madison 

Square 

Garden. 

Inc. 


Martha 

Stewart 

Living 

Qmnime 

Inc. 


Publicis 

Groupe 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025735 



Royal 

Dutch 

Shell 

PIC 


Seaboai 

Corp 

Sierra 

Club 


SolarCit 1 

Corp. 

United 

States 

Olympic 

Committ 

Volkswa 

Westing 

Electric 

Corp. 

GOVER 

AGENCI 

Army 

Corps 

of. 

Enqinee 

Blackfee 

Nation 

Bureau 
of Land 
Manage 

Depart rr 

gf_ 

Aqriculti. 

Depart rr 
of. 

Energy 

Depart rr 
of the 
Interior 

Environr 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025736 



Protectic 

Agency 


Fish 

and 

Wildlife 

Service 

Office 

of_ 

Manage 

and 

Budget 

Squaxin 

Island 

Tribe 


Surface 

Transpo 

Board 

U.S. 

Army 

U.S. 

Coast 

Guard 


U.S. 
Depart nr 
of 

Transpo 

U.S. 

Navy 

U.S. 

Patent 

and 

Tradem. 

Office 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025737 



LAW FIRMS 
Blank Rome 


Gibson Dunn 
Morgan Lewis 
Allison MacKenzie 
Archer & Greiner 
Ballard Spahr 
Bresslcr Amery 
Brownstcin Hyatt 
Cleary Gottlieb 
Clifford Law Offices 
Crain Caton 
DLA Piper 
Dechert 

Donahoo & Associates 
Duane Morris 
Edwards Wildman 
Fox Rothschild 
Girard Gibbs 
Girardi and Keese 
Holland & Hart 
Jones Day 
Kanner & Whiteley 
Kenyon & Kenyon 
Kessler Topaz 
Kirkland & Ellis 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025738 



Latham & Watkins 


Locke Lord 

Lundy Law LLP 

Mintz Levin 

Moms James 

Moms Nichols 

Moms Polich 

Nelson Mullins 

Nossaman LLP 

Parsons Behle 

Paul Weiss 

Pepper Hamilton 

Phillips Goldman 

Pillsbury Winthrop 

Quinn Emanuel 

Reed Smith 

Richards Layton 

Schirrmeister Diaz-Arrastia 

Steptoe & Johnson LLP 

Stoel Rives 

Strasburger & Price 

Tucker Ellis 

Vinson & Elkins 

Weil Gotshal 

Winston & Strawn 

Young Conaway 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025739 



COMPANIES 
Dow Chemical Co. 


Volkswagen 
Amazon.com Inc. 

American. Bar Association 
Arch Coal Inc. 

Ashland Inc. 

BASF SE 

BNSF Railway 

Caesars Entertainment 

Caesars Entertainment Operating Co. Inc, 

Center for Biological Diversity Inc. 

Chiquita Brands International Inc. 

Del Monte Foods Company 
Dell Inc. 

Dole Food Company Inc. 

Exxon Mobil Corporation 
r 11 Consulting me. 

Federal Bar Association 
General Dynamics Corporation 
General Moty; Inc 
Hercules Offshore, Inc. 

Iron shore Inc. 

Madison Square Garden, Inc. 

Martha Stewart Living Omnimedia, Inc. 
Publicis Groupe 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025740 



Royal Dutch Shell PLC 


Seaboard Coip 
Sierra Club 
SolarCity Corp. 

United States Olympic Committee 
Westinghouse Electric Corp. 


GOVERNMENT AGENCIES 
Environmental Protection Agency 

Bureau of Land Management 

Department of Energy 

Department of the Interior 

Fish and Wildlife Service 

U.S. Coast Guard 

U.S. Department of Transportation. 

Army Corps of Engineers 

Blackfeet Nation 

Department of Agriculture 

Office of Management and Budget 

Squaxin Island Tribe 



U.S. Army 
U.S. Navy 


U.S. Patent and Trademark Office 


JOBS 

Search full listings or advertise your fob opening 



VW FOIA, EPA 


06/20/2017 


2017-FFP 025741 


















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vw FOIA, EPA 


06/20/2017 


2017-FFP 025742 



From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 7:49:46 AM 

Subject: Volkswagen hires US law firm to deal with emission scandal 

MAIL_CONVERSATION_TOPIC: Volkswagen hires US law firm to deal with emission scandal 

Created: Fri 3/18/2016 6:18:14 PM 

Volkswagen AG has hired the U.S. law firm Kirkland &amp; Ellis LLP to help it deal with the 
widening scandal. 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025743 



From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 7:49:52 AM 

Subject: The tech behind how Volkswagen tricked emissions tests 

MAIL_CONVERSATION_TOPIC: The tech behind how Volkswagen tricked emissions tests 

Created: Fri 3/18/2016 6:18:14 PM 

Volkswagen isn’t hiding from its emissions cheating scandal, which the company now says 
affects some 11 million diesel cars worldwide. 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025744 



From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 8:18:26 AM 

Subject: VW board meets: Crunch time for CEO Winterkorn 

MAIL_CONVERSATION_TOPIC: VW board meets: Crunch time for CEO Winterkorn 

Created: Fri 3/18/2016 6:18:14 PM 

Wednesday's meeting of Volkswagen's supervisory board is likely to have seismic 
consequences for the automaker and its embattled chief executive. 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025745 



From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 8:49:21 AM 

Subject: VW board meets: Crunch time for CEO Winterkorn 

MAIL_CONVERSATION_TOPIC: VW board meets: Crunch time for CEO Winterkorn 

Created: Fri 3/18/2016 6:18:13 PM 

Wednesday's meeting of Volkswagen's supervisory board is likely to have seismic 
consequences for the automaker and its embattled chief executive. 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025746 



To: Brooks, Phillip[Brooks.Phillip@epa.gov] 

From: EnergyGuardian 

Sent: Wed 9/23/2015 11:13:17 AM 

Subject: On eve of methane hearings, oil industry touts GHG investments 


Advertise I Contact 


-- . •<, : ■..f i ■ 




VW FOIA, EPA 


06/20/2017 


2017-FFP 025747 
































VW FOIA, EPA 


06/20/2017 


2017-FFP 025748 
























































































... . 



Climate change high on agenda as Pope, Obama meet in Oval Office 

Judge overturns New York City ban on plastic foam containers 

Investment treaty between China and US key business goal 

Lawsuits filed over VW emissions scandal 

Exposing vehicle emissions problems not new for university 

Judge denies Peabody Energy's reguest to strike protest song 

Pipe replacement aids in GHG emissions reduction: Study 

Climate activists hope for papal boost 

Quake study getting up and running in Texas 

Declining use of coal could help China hit its climate goals earlier 

More big corporations to go all-renewable 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025749 





















NY gel fracking project to get October hearing 
Oil gains on stockpile drop 


Further trimming at Total as oil prices drag 
California net metering cap worries San Diego solar firms 
Weatherford ditches fundraising plans after stock plunge 
Climate ‘doubters’: AP Stvlebook reference fosters debate 
Upcoming Events 

Climate change high on agenda as Pope, Obama 
meet in Oval Office 


By Nancy Benac and Nicole Winfield 

WASHINGTON (AP) — In a moment weaving strands of politics, religion and emotion, 
Pope Francis and President Barack Obama are set to meet in the grandeur of the Oval Office 
to advance causes — like the fight against climate change — that are dear to them both. 

Eagerly watching will be a nation that cannot get enough of Francis, a humble man 
rejuvenating American Catholicism while giving heartburn to its conservatives. 

The pope was to deliver his opening remarks to the United States on the White House lawn 
on Wednesday morning and speak to America's bishops later. That speech was highly 
anticipated, given a certain disconnect between Francis' focus on social justice and a merciful 
church and the culture wars that America's bishops have waged in recent years over abortion 
and gay rights. 

From the instant the white-robed and broad-grinned Francis landed in the U.S. on Tuesday, 
doffed his skullcap in the breeze and got into a modest, charcoal-gray Fiat, his visit 
electrified wonky Washington, which can be jaded about the comings and goings of world 
figures. 



Judge overturns New York City ban on plastic foam 
containers 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025750 





















































By Jake Pearson 


NEW YORK (AP) — A state judge has overturned New York City's ban on plastic foam 
containers, finding the nearly 30,000 tons of dirty meat trays and to-go cups now sent to 
landfills can be recycled in a cost-effective way, according to a decision made public 
Tuesday. 

The ban went into effect July 1 after lawmakers voted in 2013 to approve it unless a yearlong 
inquiry found the foam could be effectively recycled. An industry group of manufacturers, 
recyclers and restaurant-owners then sued, arguing that the ban was based on politics, not 
policy, and that recycling was feasible. 

The environmental initiative was spearheaded by former Mayor Michael Bloomberg, an 
independent, and supported by current Mayor Bill de Blasio, a Democrat. 

But state Supreme Court Judge Margaret Chan ailed that Department of Sanitation 
Commissioner Katheryn Garcia didn't properly take into account industry estimates of the 
market and recycling opportunities generated during the yearlong review period when she 
decided that plastic foam couldn't be recycled economically and in an environmentally 
friendly way. 


Investment treaty between China and US key 
business goal 

By Gene Johnson and Phuong Le 

SEATTLE (AP) — When Chinese President Xi Jinping addresses a meeting of some of the 
top names in Chinese and American business Wednesday, they may be most interested what 
he says about progress toward a treaty between the nations that would provide a framework 
for broader investment in each other's economy. 

Apple Chief Executive Tim Cook, Microsoft's Satya Nadella, Amazon's Jeff Bezos, investor 
Warren Buffett and Jack Ma of Chinese e-commerce giant Alibaba are among the 30 top 
executives attending a closed-door discussion being moderated by former U.S. Treasury 
Secretary Henry Paulson, who has advocated for such a treaty. All of the American CEOs 
participating signed a letter to Xi and U.S. President Barack Obama urging them to support 
an agreement. 

Bilateral investment treaties provide the rules of the road for companies doing business in 
other countries, and can help ensure that the rights of foreign investors are protected and that 
foreign companies operate on a level playing field with domestic ones. An agreement with 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025751 
















































































































































































































































China would open up more of that nation's massive market to American companies, provide 
clearer rules for Chinese investment in the U.S., and create jobs on both sides, supporters 
say. 

Such treaties "can be a powerful catalyst for more economic growth," Evan Feigenbaum, 
vice chairman of the Paulson Institute, which is co-hosting Wednesday's meeting, said 
Tuesday. 


Lawsuits filed over VW emissions scandal 


By The Associated Press 

BERLIN (AP) — Several law Finns are filing class action lawsuits against Volkswagen over 
its admission that it used special software to get its cars to pass U.S. emissions tests. 

Clifford Law Offices, based in Chicago, said it is filing a complaint to the Northern District 
of Illinois alleging that VW engaged in deceptive and fraudulent business practices. 

Meanwhile, law firm Sutts, Strosberg LLP, based in Windsor, Canada, was reported in local 
media to have filed a class action lawsuit seeking $1 billion in damages and $100 million in 
punitive damages. 

In Germany, the head of the main industry lobby organization is calling for "transparency, 
openness and speed" in getting to the bottom of the Volkswagen emissions scandal. 



Exposing vehicle emissions problems not new for 
university 


By John Raby 

CHARLESTON, W.Va. (AP) — A West Virginia University research unit that helped 
expose Volkswagen AG's smog-test scandal was involved in another emissions test two 
decades ago with similar results involving polluting tmcks. 

In October 1998, the WVU Center for Alternative Fuels, Engines and Emissions discovered 
that more than 1.1 million trucks whose heavy-duty diesel engines had passed emission 
inspections at the factory were polluting much more than allowed because of devices 
designed to overcome emissions controls, Dan Carder, interim director of the unit, told The 
Associated Press on Tuesday. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025752 




























The Justice Department publicly announced the findings, after which several manufacturers 
agreed to a $1 billion settlement. 

In the Volkswagen case, the WVU research team was hired by nonprofit pollution control 
advocate International Council on Clean Transportation to measure emissions on three cars: a 
2012 VW Jetta, a 2013 VW Passat and a BMW X5 SUV. 



Judge denies Peabody Energy's request to strike 
protest song 


By Ben Neary 

CHEYENNE, Wyo. (AP) — A federal judge in Wyoming says it's tough luck that the world's 
largest private coal company doesn't dig a 1970s-era protest song. 

U.S. Magistrate Kelly Rankin in Cheyenne rejected a request by Peabody Energy Coip. to 
strike lyrics from singer-songwriter John Prine's "Paradise" from a federal lawsuit against the 
company. Prine's 1971 song criticized Peabody's mining activities in Kentucky. 

Environmental activists Thomas Asprey and Leslie Glustrom, of Boulder, Colorado, claim in 
their lawsuit that the company violated their civil rights by having them arrested outside a 
2013 shareholders meeting in Gillette. The company denies their claims. 


Sponsored Links 



Week in Review - House Panel Moves To Lift Export Ban 

Congress Gears up for Papal Visit. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025753 







Click here to read the brief 

i .== 


Pipe replacement aids in GHG emissions reduction: Study 


A study led by Stanford University researchers concluded cities with programs to replace older natural 
gas pipelines have 90 percent fewer leaks and are reducing methane emissions, Platts reports. 


Climate activists hope for papal boost 

Activists and lawmakers pushing the fight against climate change — including Tom Steyer 
and Rep. Raul Grijalva, D-Ariz. — hope it gains momentum from Pope Francis’ speech to 
Congress Thursday, The Hill reports 



Quake study getting up and running in Texas 


The multimillion dollar TexNet Seismic Monitoring Program, authorized and funded by 
Texas lawmakers to examine any links between earthquakes and disposal wells in the state, is 
gearing up its operations, Rigzone reports. 


Declining use of coal could help China hit its climate goals earlier 

The decline in China’s coal demand and coal industry could help the country meet its climate 
change emission reduction pledges earlier than the government has promised, The New York 
Times reports. 


More big corporations to go all-renewable 

Firms including Proctor & Gamble, Starbucks, Walmart and Goldman Sachs are expected to 
join the global RE 100 coalition Wednesday and pledge to power their operations entirely 
through renewable energy, The New York Times reports. 


NY gel fracking project to get October hearing 

A community in New York has set an October public hearing to examine the Snyder Farm 
Group project, which is proposing to get around the state ban on hydraulic fracturing by 
using a gel instead of water in the natural gas drilling process, the Ithaca Times reports. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025754 
















Oil gains on stockpile drop 

An American Petroleum Institute report of a 3.7 million barrel drop in U.S. crude stockpiles 
last week helped boost oil prices early Wednesday. U.S. benchmark crude rose 50 cents to 
$46.86 a barrel in electronic trading on the Nymex, while in London Brent jumped 55 cents 
to $49.63, Reuters reports. 


Further trimming at Total as oil prices drag 

French oil giant Total SA said Wednesday it will cut costs again in the face of continuing 
low oil and gas prices but plans to maintain its dividend, Reuters reports. 


California net metering cap worries San Diego solar firms 

Rooftop solar Finns in San Diego are concerned that the California Public Utilities 
Commission won’t come up with a new tariff structure in time for them to avoid hitting the 
grid’s 5 percent cap on solar generating that’s in place under the current system, The San 
Diego Union-Tribune reports. 



Weatherford ditches fundraising plans after stock plunge 


Oil field services firm Weatherford has abandoned a plan to raise $1 billion through debt and stock offerings after 
a drastic fall in its share price, FUclFix reports. 


Climate ‘doubters’: AP Stvlebook reference fosters debate 

AP’s decision use the phrase "climate change doubters" to refer to those questioning the link 
between human activity and global warming - announced in a blogpost Tuesday - has 
generated an instant social media debate, National Journal reports. 


Upcoming Events 

• Sep. 23, Dallas: The Environmental Protection Agency to hold a hearing on its proposal 
to cut methane emissions from new and modified oil and gas systems. 11:00 am , 1500 
Marilla Street Dallas, Texas 75201 

• Sep. 23, Denver: The Environmental Protection Agency to hold a hearing on its 
proposed rale to cut methane emissions at new and modified oil and natural gas sites. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025755 





















































11:00 am , 1595 Wynkoop Street, Denver, CO 80202. 

• Sep. 23, Washington: The Senate Homeland Security and Governmental Affairs 
Committee to hold a hearing to examine the use of agency regulatory guidances in 
rulemaking. 11:00 am , Dirksen 342. 

• Sep. 23, Washington: President Barack Obama to hold a bilateral meeting with Pope 
Francis. 10:15 am , White House. 



VW FOIA, EPA 


06/20/2017 


2017-FFP 025756 










From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 11:48:37 AM 

Subject: Just What Poison Has Volkswagen Been Spewing? 

MAIL_CONVERSATION_TOPIC: Just What Poison Has Volkswagen Been Spewing? 

Created: Fri 3/18/2016 6:18:13 PM 

As the scope of Volkswagen’s diesel scandal spreads today, with the German automaker 
revealing that 11 million VWs worldwide have the same software the company relied on to 
manipulate emissions tests in the United States, and the Wall Street Journal reporting this 
morning that the VW investigation could spread to the entire auto industiy, [...] 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025757 



To: McCabe, Janet[McCabe.Janet@epa.gov]; Purchia, Liz[Purchia.Liz@epa.gov]; Reynolds, 

Thomas[Reynolds.Thomas@epa.gov]; Millett, John[Millett.John@epa.gov] 

From: Grundler, Christopher 

Sent: Wed 9/23/2015 11:54:34 AM 

Subject: New narrative 

New narrative - US acted, Brussels didn't. 

From USA Today 

VW: Euro regulators didn't act on diesel report 

http://usat.lv/lFeLhcu 

Christopher Gmndler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025758 



To: Kaul, Meetu[Kaul.Meetu@epa.gov] 

From: Treser, Tanja 

Sent: Wed 9/23/2015 11:59:12 AM 

Subject: Media request/ Volkswagen 

Dear Mr. Kaul, 

As a chief reporter with Europes biggest weekly BILD am Sonntag, I have a question in addition to 
your Notice of Violation (sept. 18 2015). 

Did ERA communicate with the Volkswagen board in Germany on the topic or did you only 
communicate with Mr. Geanacopoulos and Stuart Johnson of VW of America? 

Could you also tell me, if the VW Passat models had a SCR Cat? 

How many cars did you really test? 

And finally, did you test any Mercedes cars meanwhile? 

I look forward to hearing from you. 

Best regards 

Tanja Treser 

Bild am Sonntag 
Chefreporterin Investigation 

Axel-Springer-Strafie 65 
10888 Berlin 
Germany 

Tel:+49 30 2591-76539 

BamS bei Twitter: @BILDamSonntag 
BamS bei Facebook: facebook.com/BamS 
BamS im Internet: www.bild.de 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025759 








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06/20/2017 


2017-FFP 025761 
























hese are just some of the issues that define future transportation challenges 
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EPA 06/20/2017 

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VW FOIA, 

EPA 

06/20/2017 

2017-FFP_025767 
























hese are just some of the issues that define future transportation challenges 
in which motorsport could play a positive role as the developer of such 
technologies, or is it BACK TO THE FUTURE with a return to noisier, bigger 

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To: Grundler, Christopher[grundler.christopher@epa.gov] 

Cc: McCabe, Janet[McCabe.Janet@epa.gov]; Reynolds, Thomas[Reynolds.Thomas@epa.gov]; 

Purchia, Liz[Purchia.Liz@epa.gov] 

From: Millett, John 

Sent: Wed 9/23/2015 12:14:14 PM 

Subject: Re: VW story on NPR 

Heard it. We'll learn the CEO's fate today, too. Marketplace has led with VW for three days straight. 

John Millett 
202.510.1822 

> On Sep 23, 2015, at 7:23 AM, Grundler, Christopher <grundler.christopher@epa.gov> wrote: 

> 

> Drew Kodjak is Diane's guest today 

> 

> Christopher Grundler, Director 

> Office of Transportation and Air Quality 

> U.S. EPA 
>202-564-1682 (DC) 

> 734-214-4207 (Ann Arbor) 

> 

» On Sep 23, 2015, at 7:21 AM, McCabe, Janet <McCabe.Janet@epa.gov> wrote: 

» 

» Quite a story on NPR this morning. Mayor of Paris says she wants to make Paris diesel free by 2020. 
» 

» Diane Rhiem (sp?) is going to focus on the story on her show today. 

» 

» Sent from my iPhone 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025772 



From: Bunker, Byron 

Location: conference call 

Importance: Normal 

Subject: Accepted: call with Byron Bunker on VW issues 
Start Date/Time: Wed 9/23/2015 8:30:00 PM 

End Date/Time: Wed 9/23/2015 9:30:00 PM 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025773 



To: Millett, John[Millett.John@epa.gov] 

From: Grundler, Christopher 

Sent: Wed 9/23/2015 12:20:29 PM 

Subject: Re: VW story on NPR 


Non-Responsive 


Christopher Grundler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 

> On Sep 23, 2015, at 8:14 AM, Millett, John <Millett.John@epa.gov> wrote: 

> 

> Heard it. We'll learn the CEO's fate today, too. Marketplace has led with VW for three days straight. 

> 

> John Millett 
>202.510.1822 

> 

» On Sep 23, 2015, at 7:23 AM, Grundler, Christopher <grundler.christopher@epa.gov> wrote: 

» 

» Drew Kodjak is Diane's guest today 
» 

» Christopher Grundler, Director 
» Office of Transportation and Air Quality 
» U.S. EPA 
>>202-564-1682 (DC) 

» 734-214-4207 (Ann Arbor) 

» 

»> On Sep 23, 2015, at 7:21 AM, McCabe, Janet <McCabe.Janet@epa.gov> wrote: 

>» 

»> Quite a story on NPR this morning. Mayor of Paris says she wants to make Paris diesel free by 
2020 . 

>» 

»> Diane Rhiem (sp?) is going to focus on the story on her show today. 

>» 

»> Sent from my iPhone 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025774 




To: Bunker, Byron[bunker.byron@epa.gov]; Charmley, William[charmley.william@epa.gov]; 

Grundler, Christopher[grundler.christopher@epa.gov] 

From: Simon, Karl 

Sent: Wed 9/23/2015 12:21:16 PM 

Subject: Fw: EU Delays Heavy-Duty Vehicle C02 Measure Up to Two Years (BNA) 



From: Thomas, Erica K (USEU) <ThomasEK@state.gov> 

Sent: Wednesday, September 23, 2015 5:42 AM 
To: Phillips, Anna; Blubaugh, Jim; Simon, Karl 
Cc: McHone, Christopher H (USEU) 

Subject: RE: EU Delays Heavy-Duty Vehicle C02 Measure Up to Two Years (BNA) 



Erica 


EU says 'premature' for Volkswagen scandal probe 

AFP, 22 September 2015 - The EU on Tuesday said it was too early to launch a European investigation 
into whether Volkswagen has cheated in pollution measuring tests after shock revelations in the United 
States. "We are taking the matter very seriously," European Commission spokeswoman Lucia Caudet 
said in an email to AFP, adding that Brussels was in touch with Volkswagen and US authorities. 
"Investigations are ongoing within Volkswagen as well as in the US and in Germany. Therefore, it is 
premature to comment on whether any specific immediate surveillance measures are also necessary in 
Europe and whether vehicles sold by Volkswagen in Europe are also affected," she said. "We need to get 
to the bottom of this," she added. The European Commission, the EU's regulatory arm, is responsible for 
setting pollution limits on cars and defining testing procedures, but has no control over enforcement, 
which is left to national authorities. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025775 








This email is UNCLASSIFIED. 


From: Phillips, Anna [mailto:Phillips.Anna@epa.gov] 

Sent: Tuesday, September 22, 2015 10:46 PM 
To: Blubaugh, Jim; Simon, Karl 

Cc: Thomas, Erica K (USEU); McHone, Christopher H (USEU) 

Subject: EU Delays Heavy-Duty Vehicle C02 Measure Up to Two Years (BNA) 


EU Delays Heavy-Duty Vehicle C02 Measure Up to Two Years 

Posted September 22, 2015, 12:37 P.M. ET 

By Stephen Gardner 

A European Union measure on carbon dioxide emissions from trucks and other heavy-duty vehicles, originally slated 
for publication this year, will not be proposed until 2016 or 2017, the European Commission confirmed to Bloomberg 
BNA today. 

The commission, the EU’s executive arm, had said in May 2014 that it would propose legislation that would require 
heavy-duty vehicle manufacturers to monitor and report fuel efficiency and carbon dioxide emissions data during 
2015, as a preliminary step ahead of possible carbon dioxide emission limits for vehicles such as trucks and buses. 

Unlike the United States, which put in place a greenhouse gas emissions standard for heavy-duty vehicles in 2011, 
the EU has no harmonized measure for truck carbon dioxide emissions, though it has emissions limits that must be 
met by passenger cars and light vans. 

A new report from environmental advocacy group Transport & Environment said heavy-duty vehicle emissions 
represent 30 percent of greenhouse gas emissions from transport in the EU, and 5 percent of total EU emissions. 


***** J'V 

Anna Phillips 

Program Manager for Europe 

U.S. Environmental Protection Agency (EPA) 

Office of International & Tribal Affairs 

Washington, D, C. 20460 

Tel: (+1) 202.564.6419 Fax: (+1) 202.565.2427 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025776 



e-mail: phillips.anna(a).epa.ctov 


http://redirect.state.sbu/?url=http://www2.epa.aov/international-cooperation 


#“ ! W #“ ! W ^ # S W # st! W #“>w #“ S W ^ i» s w >“W 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025777 



To: Brooks, Phillip[Brooks.Phillip@epa.gov] 

From: Chapman, Apple 

Sent: Wed 9/23/2015 12:30:48 PM 

Subject: RE: Putting a Price on Volkswagen's Diesel Emission-Fraud Liability - Bloomberg Business 

The VW media coverage has been non-stop here. The news hour had a big segment yesterday that was 
very well informed. Something every day on NPR. Looks like other diesel manufacturers are doing 
diagnostics on their fleet to verify that similar software does not exist in their cars (in advance of anyone 
asking). 

Notice any blocked sites since you have been there? 

Ms. Apple Chapman 

Associate Director, Air Enforcement Division 
U.S. Environmental Protection Agency 
1200 Pennsylvania Ave. NW, Washington DC, 20004 
202-564-5666 (office) 

202-841-6076 (cell) 

—Original Message— 

From: Brooks, Phillip 

Sent: Wednesday, September 23, 2015 2:16 AM 
To: Chapman, Apple 

Subject: Putting a Price on Volkswagen's Diesel Emission-Fraud Liability - Bloomberg Business 
For perspective. 


http://www.bloomberg.com/news/articles/2015-09-22/putting-a-price-on-volkswagen-s-diesel-emission- 

fraud-liability 


Sent from my iPhone 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025778 





To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: McCabe, Janet 

Sent: Wed 9/23/2015 12:35:06 PM 

Subject: RE: It Took E.P.A. Pressure to Get VW to Admit Fault - NYTimes.com 

lndeed--a keeper. 

—Original Message— 

From: Grundler, Christopher 

Sent: Tuesday, September 22, 2015 9:18 PM 

To: McCabe, Janet 

Subject: It Took E.P.A. Pressure to Get VW to Admit Fault - NYTimes.com 
Good to re-read. Good narrative for future questions 

http://mobile.nytimes.com/2015/09/22/business/it-took-epa-pressure-to-get-vw-to-admit- 
fault. html?referrer= 


Christopher Grundler, Director 

Office of Transportation and Air Quality U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025779 





To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: Automotive News 

Sent: Wed 9/23/2015 12:35:53 PM 

Subject: A.M. NEWSCAST: Rivals weigh in on VW diesel scandal; Winterkorn grilled | GMC plans 
Texas debut | A Fiat fit for Pope Francis | Self-parking a tough sell 

September 23, 2015 


View in a Web br owser | Forward to a colleague 



Follow Jennifer 


TOP STORY: Rivals' view on VW 


Panel grills Winterkorn » 
Self-parking tough sell » 


Connect with Automotive News 



Cars & Concepts 


OEM/Suppliers Dealers 


Data Center Blogs Events 


Click here to unsubscribe from this newsletter or to sign up for other Automotive News email products. 


Automotive News 
1155 Gratiot Ave. 

Detroit, Ml 48207-2997 United States 

customerservice@autonews.com 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025780 









To: Wehrly, Linc[wehrly.Iinc@epa.gov] 

From: Automotive News 

Sent: Wed 9/23/2015 12:36:13 PM 

Subject: A.M. NEWSCAST: Rivals weigh in on VW diesel scandal; Winterkorn grilled | GMC plans 

Texas debut | A Fiat fit for Pope Francis | Self-parking a tough sell 

September 23, 2015 


View in a Web br owser | Forward to a colleague 



Follow Jennifer 


TOP STORY: Rivals' view on VW 


Panel grills Winterkorn » 
Self-parking tough sell » 


Connect with Automotive News 



Cars & Concepts 


OEM/Suppliers Dealers 


Data Center Blogs Events 


Click here to unsubscribe from this newsletter or to sign up for other Automotive News email products. 


Automotive News 
1155 Gratiot Ave. 

Detroit, Ml 48207-2997 United States 

customerservice@autonews.com 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025781 









Cc: Brooks, Phillip[Brooks.Phillip@epa.gov]; Werner, Jacqueline[Werner.Jacqueline@epa.gov] 

To: Keiley, RosemariefKelley.Rosemarie@epa.gov] 

From: Beiser, Evan 

Sent: Wed 9/23/2015 12:36:24 PM 

Subject: Fwd: WG: Volkswagen - defeat device 

Rosemarie, 

An enforcement agency from Germany is requesting phone call with us. Should we loop in 
OITA? I think it would be fine to have this call but of course we can't share more than what 
we're already making public. 


Evan Beiser 


Chief, Mobile Source Enforcement Branch 
US EPA 


Begin forwarded message: 


From: "Albus, Christoph" < christoph. albus@bmvi .bund. de > 

Date: September 23, 2015 at 7:34:28 AM EDT 

To: ’" Belser.evan@epa.gov "' < Belser.evan@epa.gov > 

Cc: "'Michael Olechiw t olechiw.michael@epa.gov) '" < olechiw.michael@epa.gov >. 
"Redmann, Stephan" <ste phan.redmann@bmvi.bund.de >. "' Mark.Wummel@kba.de '" 
< M ark, Wum m el @ kb a. de >. "'Paeslack, Sven'" < sven.paeslack@kba.de > 

Subject: WG: Volkswagen - defeat device 


Dear Mr. Beiser 

Regarding the Volkswagen issue Mr. Olechiw provided the information, that you are the 
responsible contact person at EPA. Together with my colleague Stephan Redman and 
colleagues from our type approval agency (KBA) we are very much interested in a phone 
conference with you. Would it be possible for you to have such a phone conference this 
Friday (25th). 

Thanks in advance. 

Best Regards 

Christoph Albus 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025782 




Von: Redmann, Stephan 

Gesendet: Mittwoch, 23. September 2015 13:21 

An: Albus, Christoph 

Betreff: WG: Volkswagen - defeat device 


Von: Oiechiw, Michael fmailto:olechiw.michael@epa.aov^ 

Gesendet: Montag, 21. September 2015 14:39 
An: Redmann, Stephan 
Cc: 'Paeslack, Sven' 

Betreff: RE: Volkswagen - defeat device 


Hello Stephan! 


I can imagine that this has caused quite the stir in Germany. You can reference the Notice 
of Violation that we sent to VW: http://www3.epa.gov/otaq/cert/documents/vw-nov-caa-0 9- 
18~15.pdf 


This should help answer some of your questions. For now you may contact Evan Belser 
here at EPA. ( Belser.evan@epa.gov . 001-202-564-6850) 


If you would like to talk this morning, I am available after 3 PM your time. 


Best Regards, 



VW FOIA, EPA 


06/20/2017 


2017-FFP 025783 



Michael R. Olechiw 

Director - Light-duty Vehicles and Small Engines Center 

USEP A/OTAQ/A S D 

2000 Traverwood Drive 

Ann Arbor MI 48105 

Tel: +1-734-214-4297 

Mobile: +1-734-546-8079 

Fax: +1-734-214-4050 


olechiw.michael@epa.gov 


From: Redmann, Stephan [mailto:stephan.redmann@bmvi.bund.de ~ 

Sent: Monday, September 21, 2015 4:31 AM 
To: Olechiw, Michael 
Cc: 'Paeslack, Sven' 

Subject: Volkswagen - defeat device 

Importance: High 


Dear Michael, 

how are you? You may imagine that the EPA case against Volkswagen regarding use of 
defeat devices is causing some turbulences here in Germany. 


KBA - the German type approval authority - is currently investigating the case. Of course 
they are in direct contact with Volkswagen, but currently most of our information is still 
based on press announcements. Therefore I would like to ask you whether US EPA can 
provide us more information. 


If you are not involved can you please provide us the right contact persons for an official 
request? 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025784 



Best regards 
Stephan 


Federal Ministry of Transport and digital Infrastructure 
Division LA27 

Automotive Engineering (Environment) 

Robert-Schuman-Platz 1 
53175 Bonn, GERMANY 

Tel.: +49 (0)228-300- 4371 

Fax: +49 (0)228-300-807-4371 

email: stephan.redmann@bmvi.bund.de 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025785 



To: Werner, Jacqueline[Werner.Jacqueline@epa.gov]; Chapman, 

Apple[Chapman.Apple@epa.gov]; Brooks, Phillip[Brooks.Phillip@epa.gov] 

Cc: Thompson, Christopher[Thompson.Christopher@epa.gov] 

From: Aibores, Richard 

Sent: Wed 9/23/2015 12:41:59 PM 

Subject: FW: VW, GMC, Ford 


Hello AED 


I received this email, and thought I should pass it on to you all. Not sure how the sender got my 
name and address. 


Thanks, 


R 


****************************** 


Richard L. Aibores, Attorney-Advisor (Acting Director) * Federal Facilities Enforcement Office (2261 A) * 
U.S. Environmental Protection Agency * WJC South, Room 3224J (Enter through Room 3228) * 

1200 Pennsylvania Avenue, N.W., Washington, DC 20460 

A lbores.richard@epa.gov * Main 202 564-2510 * Direct 202 564-7102 * Mobile 202 809-8029 *Fax 202 
501-0069 


Visit FedCenter: http://www.fedcenter.gov Help eliminate environmental violations. 
Report tips and complaints at: http://www.epa.gov/compliance/complaints/index.html 



r v a 

1 



From! 

1_ 

tx. b 


Ex. 6 



Sent: Wednesday, September 23, 2015 8:31 AM 
To: Aibores, Richard 


Cq Ex! (f j 

Subject-VwVGMC'Ford 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025786 













Mr Albores: 


It is my understanding that there is other car companies clearly violating EPA standards and only VW has been 
caught. It is quite obvious that For and GMC are doing the same in front of the naked eye. If you pay attention to 
GMC and Ford Diesel equipped heavy duty trucks the all have a design at the end of the muffler that provide for 
some fresh air to be pulled and directed to the tip of it where you would normally install the Mono-Nitrogen 
oxides (NOx) sensor. Common sense tells you that this "fresh" air will impact the emissions test positively, but, are 
these vehicles really being environmentally friendly? 


Best Regards: 


Ex. 6 

| Ex. 6.w 

i_i 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025787 










To: Grundler, Christopher[grundler.christopher@epa.gov]; Simon, Karl[Simon.Karl@epa.gov]; 

Snapp, Lisa[snapp.Iisa@epa.gov]; Charmiey, William[charmley.william@epa.gov]; Birgfeld, 
Erin[Birgfeld.Erin@epa.gov]; Bunker, Byron[bunker.byron@epa.gov] 

From: Aison, Jeff 

Sent: Wed 9/23/2015 12:51:36 PM 

Subject: VW on MSNBC and Diane Rehm show 


Last night on MSNBC, Chris Hayes, one of their top hosts who has done many reports on 
climate, suggested that VW might be the “greatest corporate fraud” in history. 


And today, VW is the topic of the Diane Rehm show, on most NPR stations. Panelists incude 
Kodjak and Shepardson. Info from her website below. 


A Criminal Probe Into 
Allegations Volkswagen 
Cheated On U.S. Emissions 
Tests 






•uuuuuuu Discuss 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025788 


















































The main entrance gate at Volkswagen production plant on September 23, 2015 in Wolfsburg, 
Germany. Alexander koerner/getty images 

The Justice Department has launched a criminal probe of Volkswagen for 
allegedly manipulating U-S emissions tests: What’s behind the charges and 
implications for carmakers worldwide. 

Guests 

•□□□□□□□ Drew Kodjak executive director, International Council on Clean Transportation 
•□□□□□□□ David Shepardson Washington bureau chief, The Detroit News. 

•□□□□□□□ Ryan Calo assistant professor of law, University of Washington 
•□□□□□□□ Steve Berman attorney, Hagens Berman Sobol 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025789 
























































Ex. 6 


To: | 

From: 1 Belser'Evan 

Sent: Wed 9/23/2015 12:56:44 PM 

Subject: RE: VW 



Thanks for checking in. Yeah, this VW matter is big time. Lots of work ahead. 


Non-Responsive 


From: i Ex. 6 

L_J 


Sent: Wednesday, September 23, 2015 8:43 AM 
To: Belser, Evan 
Subject: VW 


Hi Evan, 


I've been reading about this ongoing VW scandal and thinking of you and Mobile Sources. That's 
quite something. Makes Hyundai-Kia look small time. Hope things are going well with you 
generally. I had a nice summer, and am now one month into my clerkship at the EDNY. 

Enjoying it a lot so far—it has a good mix of courtroom tasks and legal writing. 


Cheers, 

Ex. 6 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025790 













To: Kimber L. Sinacola[kimber.l.sinacola@gm.com] 

From: Wright, DavidA 

Sent: Wed 9/23/2015 1:00:15 PM 

Subject: RE: Christy's response to my CROMERR question based on our discussion 


Yeah, I would. But, if the agency allows the manufacturers to have their staff responsible for 
preparing the submittals attest that all of the information meets the regulatory and legal 
requirements under the Clean Air Act, when clearly those staffers have no authority or 
responsibility over the work performed to develop the application, then, it seems to me you 
would clearly not be at risk personally. However, you, or anyone that would sign I think would 
want to understand that it seems like the days of not holding individuals within corporations 
responsible may be coming to an end. 


http://www.bloomberg.eom/news/articles/2015-09-21/volkswagen-said-to-be-target-of-u-s- 

criminal-probe-on-emissions 


From: Kimber L. Sinacola [mailto:kimber.l.sinacola@gm.com] 

Sent: Wednesday, September 23, 2015 8:43 AM 
To: Wright, DavidA 

Subject: RE: Christy's response to my CROMERR question based on our discussion 


I guess I should make sure and review the webpages carefully then! © 


From: Wright, DavidA [mailto:Wright.DavidA@epa.gov] 

Sent: Wednesday, September 23, 2015 8:30 AM 
To: Kimber L. Sinacola 

Subject: RE: Christy's response to my CROMERR question based on our discussion 


That’s my take, with the caveat, about all the legal ramifications that EPA is places on the 
individual signer, which as I understand it, are described on the webpages which the CROMERR 
signer reviews before electronically signing. 


From: Kimber L. Sinacola [maiIto:Idmber.l.sinacola@gm.com] 

Sent: Wednesday, September 23, 2015 7:45 AM 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025791 



To: Wright, DavidA 

Subject: RE: Christy's response to my CROMERR question based on our discussion 


Thanks for checking on this. The answer is rather vague. My take is that there aren’t really any 
rules about who can be the CROMERR signer - it’s up to each manufacturer to decide? 


From: Wright, DavidA [mailto:WriiiAt.DavidA@epa.gov1 

Sent: Tuesday, September 22, 2015 4:30 PM 

To: KimberL. Sinacola 

Cc: Poirier, Christi; Ball, Joel 

Subject: Christy's response to my CROMERR question based on our discussion 


Kim - the following is Christi’s response to my e-mail question regarding the CROMERR 
signer. 


David, 


I’m not a CROMERR expert so Judy or Sandra will probably have to expand on my response but 
I’ll take a first cut. It is up to each company authorizing official (CAO) to identify their 
CROMERR Signers who will be responsible (legally and functionally) for submitting their 
Requests for Certificates. It is up to each company whether they choose to have the data 
submitter also be the CROMERR Signer or to have separate CROMERR Signers. The important 
thing to note is that whomever submits the Request for Certificate is legally responsible for the 
completeness and accuracy of all of the information used as the basis for a certificate request. 


Also, we should get the finalized web-ready presentation from last week’s manufacturer webinar 
that covers all the CROMERR requirements in the next day or two and I will send it to all the 
LD cert reps for reference. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025792 



Nothing in this message is intended to constitute an electronic signature unless a 
specific statement to the contrary is included in this message. 


Confidentiality Note: This message is intended only for the person or entity to which it is 
addressed. It may contain confidential and/or privileged material. Any review, 
transmission, dissemination or other use, or taking of any action in reliance upon this 
message by persons or entities other than the intended recipient is prohibited and may 
be unlawful. If you received this message in error, please contact the sender and delete 
it from your computer. 


Nothing in this message is intended to constitute an electronic signature unless a 
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Confidentiality Note: This message is intended only for the person or entity to which it is 
addressed. It may contain confidential and/or privileged material. Any review, 
transmission, dissemination or other use, or taking of any action in reliance upon this 
message by persons or entities other than the intended recipient is prohibited and may 
be unlawful. If you received this message in error, please contact the sender and delete 
it from your computer. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025793 



To: Kaul, Meetu[Kaul.Meetu@epa.gov]; Conger, Nick[Conger.Nick@epa.gov] 

Cc: Belser, Evan[Belser.Evan@epa.gov] 

From: Senn, John 

Sent: Wed 9/23/2015 1:02:47 PM 

Subject: RE: Media request/Volkswagen 

thanks, Meetu--I have passed this along to the press office. 


From: Kaul, Meetu 

Sent: Wednesday, September 23, 2015 8:42 AM 
To: Senn, John; Conger, Nick 
Cc: Belser, Evan 

Subject: FW: Media request/ Volkswagen 

Forwarding press inquiry for a response. 

Thanks 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 

Office of Civil Enforcement - Air Enforcement Division 

WJC South, Room 1117B 

1200 Pennsylvania Ave., N.W. (MC 2242A) 

Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


From: Treser, Tanja [mailto:tanja.treser@bams.de] 

Sent: Wednesday, September 23, 2015 7:59 AM 
To: Kaul, Meetu 

Subject: Media request/ Volkswagen 
Dear Mr. Kaul, 

As a chief reporter with Europes biggest weekly BILD am Sonntag, I have a question in addition to your 
Notice of Violation (sept. 18 2015). 

Did EPA communicate with the Volkswagen board in Germany on the topic or did you only communicate 

with j_|x. 7_jof VW of America? 

Could you also tell me, if the VW Passat models had a SCR Cat? 

How many cars did you really test? 

And finally, did you test any Mercedes cars meanwhile? 

I look forward to hearing from you. 

Best regards 

Tanja Treser 

Bild am Sonntag 
Chefreporterin Investigation 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025794 





Axel-Springer-Stralie 65 
10888 Berlin 
Germany 


Tel: +49 30 2591-76539 

BamS bei Twitter: @BILDamSonntag 

BamS bei Facebook: facebook.com/BamS 

BamS im Internet: www.bild.de<http://www.bild.de> 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025795 



To: .._._.Ki_uL.M_eetuJKau_LMeetu@epa.gov] 

From: ! Non-Responsive 
Sent: L "" Wed"9/23/2C)15"i :04:2"6 PM 
Subject: Potential Penalties WRT VW Violations 


Dear Mr. Meetu. 


I own a 2015 VW Jetta TDI, and I'm very concerned with the recent activity related to VW 
TDI emissions. More specifically, I worry about the resale value of my car, and follow-on 
performance/MPG degrades after a proposed ECM reprogram. 

Can I offer a suggestion please? I would like to suggest the EPA require VW to pay each VW 
TDI owner the cost of the TDI option, at a minimum. This cost could be part of the penalties 
and fines levied against VW as part of this action. 

I bought my Jetta, like most people in thinking I was helping the environment with clean 
emissions, great fuel economy, and decent performance. Looks like all of these factors are 
compromised now, and hope the EPA thinks about the individual owners during this process. 

Thanks for the time, 

Sincerely, 


Non-Responsive 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025796 





To: 

From: 

Sent: 

Subject: 


Brooks, PhillipjBrooks.Phillip@epa.gov] 

Ex.'6 ! 

Wed 9/23/2015 1:07:29 PM 
Potential Penalties WRT VW Violations 


Dear Mr. Brooks, 


I own a 2015 VW Jetta TDI, and I'm very concerned with the recent activity related to VW 
TDI emissions. More specifically, I worry about the resale value of my car, and follow-on 
performance/MPG degrades after a proposed ECM reprogram. 

Can I offer a suggestion please? I would like to suggest the EPA require VW to pay each VW 
TDI owner the cost of the TDI option, at a minimum. This cost could be part of the penalties 
and fines levied against VW as part of this action. 

I bought my Jetta, like most people in thinking I was helping the environment with clean 
emissions, great fuel economy, and decent performance. Looks like all of these factors are 
compromised now, and hope the EPA thinks about the individual owners during this process. 

Thanks for the time, 

Sincerely, 



VW FOIA, EPA 


06/20/2017 


2017-FFP 025797 








To: Belser, Evan[Belser.Evan@epa.gov] 

From: Kaul, Meetu 

Sent: Wed 9/23/2015 1:08:20 PM 

Subject: FW: Potential Penalties WRT VW Violations 


Should I still be forwarding these to you for response? Or directing to the OTAQ link, etc. 
myself? 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


From: 


Ex. 6 


Sent: \^ec3hesday7’Septehriber2372D"T5'9":"0"4"AM 


To: Kaul, Meetu 

Subject: Potential Penalties WRT VW Violations 


Dear Mr. Meetu, 

I own a 2015 VW Jetta TDI, and I'm very concerned with the recent activity related to 
VW TDI emissions. More specifically, I worry about the resale value of my car, and 
follow-on performance/MPG degrades after a proposed ECM reprogram. 

Can I offer a suggestion please? I would like to suggest the EPA require VW to pay 
each VW TDI owner the cost of the TDI option, at a minimum. This cost could be part of 
the penalties and fines levied against VW as part of this action. 

I bought my Jetta, like most people in thinking I was helping the environment with clean 
emissions, great fuel economy, and decent performance. Looks like all of these factors 


vw FOIA, EPA 


06/20/2017 


2017-FFP 025798 









are compromised now, and hope the EPA thinks about the individual owners during this 
process. 

Thanks for the time, 


Sincerely, 



l 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025799 




To: Healy, Stephen[heaiy.stephen@epa.gov] 

From: Greuei, Justin 

Sent: Wed 9/23/2015 1:08:53 PM 

Subject: FW: "Software Discussion" 

Steve, 

Even if someone from Line’s group can’t make tomorrow’s meeting, let’s add this topic to our 
agenda for a preliminary discussion (unless you can think of some reason why this is unwise at 
this point). 

Thanks, 

Justin 


From: Gumbs, Jason 

Sent: Wednesday, September 23, 2015 8:54 AM 

To: Greuei, Justin; DeBord, Steven; Hamady, Fakhri; Healy, Stephen; Ibarra, Michelle; Reyes- 
Morales, Nydia; Schaefer, Ron; Strickland, Melvis; Thomas, Rick 
Subject: RE: ’’Software Discussion” 


Justin, 

Yes, it is in reference to VW. 


From: Greuei, Justin 

Sent: Wednesday, September 23, 2015 8:27 AM 

To: Gumbs, Jason; DeBord, Steven; Hamady, Fakhri; Healy, Stephen; Ibarra, Michelle; Reyes- 
Morales, Nydia; Schaefer, Ron; Strickland, Melvis; Thomas, Rick 
Subject: RE: "Software Discussion” 


Jason, 

Is your note in reference to the VW light-duty defeat device announcement from Friday? If so, 
you bring up a good point. Steve Healy also mentioned this to me and suggested inviting 
someone from the Light Duty Vehicle Center to sit in on our next certification team meeting and 
give us an overview of the situation. Steve is trying to arrange that for either this Thursday’s 
meeting or next Thursday’s meeting. 

Justin 


From: Gumbs, Jason 

Sent: Tuesday, September 22, 2015 5:42 PM 

To: Greuei, Justin; DeBord, Steven; Hamady, Fakhri; Healy, Stephen; Ibarra, Michelle; Reyes- 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025800 



Morales, Nydia; Schaefer, Ron; Strickland, Melvis; Thomas, Rick 
Subject: ’’Software Discussion” 



-Original Appointment- 

From: Greuel, Justin 

Sent: Tuesday, September 08, 2015 12:39 PM 

To: Deadwyler, Richard; DeBord, Steven; Gumbs, Jason; Hamady, Fakhri; Healy, Stephen; Ibarra, 

Michelle; Oeler, Larry; Reyes-Morales, Nydia; Schaefer, Ron; Strickland, Melvis; Thomas, Rick 
Subject: Draft FY16 DECC Budget 

When: Wednesday, September 09, 2015 11:00 AM-12:00 PM (UTC-05:00) Eastern Time (US & Canada). 
Where: AA-Room-Office-N62-ASDCDConfRoom/AA-OTAQ-OFFICE; DCRoomARN5528p20/DC-OAR-OTAQ- 
CD 


Adding conference line for this meeting: 

Call-In Number: 1-866-299-3188 
Conference Code: j Non-Responsive j 


Would like to provide a brief overview of my draft FY16 budget (both FTE and $'s). Please see the 
attached materials. I'd appreciate if someone in DC could open this up on a projector for during the 
meeting. 

« File: DECC FY16 Resource Summary.pptx » « File: DECC FY16 Compliance Plan_Share.xlsx » 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025801 










To: OTAQ[OTAQ@epa.gov]; France, Jennifer[france.jennifer@epa.gov] 

Cc: Kaul, MeetufKaul.Meetu@epa.gov] 

From: Belser, Evan 

Sent: Wed 9/23/2015 1:09:53 PM 

Subject: RE: Potential Penalties WRT VW Violations 


Passing along another VW consumer inquiry. 


Meetu, feel free to pass along directly to Jennifer and the OTAQ general inbox. 


From: Kaul, Meetu 

Sent: Wednesday, September 23, 2015 9:08 AM 
To: Belser, Evan 

Subject: FW: Potential Penalties WRT VW Violations 


Should I still be forwarding these to you for response? Or directing to the OTAQ link, etc. 
myself? 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


From: Dan Holeski f maiito:dholeski@hotmail.com1 

Sent: Wednesday, September 23, 2015 9:04 AM 
To: Kaul, Meetu 

Subject: Potential Penalties WRT VW Violations 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025802 



Dear Mr. Meetu, 

I own a 2015 VW Jetta TDI, and I'm very concerned with the recent activity related to 
VW TDI emissions. More specifically, I worry about the resale value of my car, and 
follow-on performance/MPG degrades after a proposed ECM reprogram. 

Can I offer a suggestion please? I would like to suggest the EPA require VW to pay 
each VW TDI owner the cost of the TDI option, at a minimum. This cost could be part of 
the penalties and fines levied against VW as part of this action. 

I bought my Jetta, like most people in thinking I was helping the environment with clean 
emissions, great fuel economy, and decent performance. Looks like all of these factors 
are compromised now, and hope the EPA thinks about the individual owners during this 
process. 

Thanks for the time, 

Sincerely, 

Daniel Holeski 

Ex.61 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025803 




To: Engel, Bethany (ENRD)[Bethany.Engel@usdoj.gov] 

From: Kaul, Meetu 

Sent: Wed 9/23/2015 1:10:01 PM 

Subject: RE: VW OTAQ visit 


I will check. I think I heard mention of 10:00 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


From: Engel, Bethany (ENRD) [mailto:Bethany.Engel@usdoj.gov] 
Sent: Wednesday, September 23, 2015 9:07 AM 
To: Kaul, Meetu 
Subject: VW OTAQ visit 


Hi Meetu. What time do you think we’ll start with OTAQ on Friday morning? I’m thinking 

I-., i- ^ Thanks. 



Bethany Engel 
Trial Attorney 

Environmental Enforcement Section 
United States Department of Justice 
PO Box 7611, Ben Franklin Station 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025804 




Washington, DC 20044-7611 


202.514.6892 (ph) 
202.616.2427 (fax) 


Overnight Deliveries 

601 D Street NW, Room 6915 

Washington, DC 20004 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025805 



To: Belser, Evan[Belser.Evan@epa.gov]; OTAQ[OTAQ@epa.gov] 

Cc: Kaul, Meetu[Kaul.Meetu@epa.gov] 

From: France, Jennifer 

Sent: Wed 9/23/2015 1:12:51 PM 

Subject: RE: Potential Penalties WRT VW Violations 


Thanks Evan! You ail can just send them to the otaq@epa.gov mailbox - no need to cc my 
email. Thank you! 


Jennifer 


From: Belser, Evan 

Sent: Wednesday, September 23, 2015 9:10 AM 
To: OTAQ; France, Jennifer 
Cc: Kaul, Meetu 

Subject: RE: Potential Penalties WRT VW Violations 


Passing along another VW consumer inquiry. 


Meetu, feel free to pass along directly to Jennifer and the OTAQ general inbox. 


From: Kaul, Meetu 

Sent: Wednesday, September 23, 2015 9:08 AM 
To: Belser, Evan 

Subject: FW: Potential Penalties WRT VW Violations 


Should I still be forwarding these to you for response? Or directing to the OTAQ link, etc. 
myself? 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025806 



WJC South, Room 1117B 

1200 Pennsylvania Ave., N.W. (MC 2242A) 

Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 

Fax: 202-564-0069 

Email: kaul.meetu@epa.gov 


From:i Ex. 6 

Sent: WedriesdayrSeptehhb"er2372"0"i59":"04"A"l)/r 

To: Kaul, Meetu 

Subject: Potential Penalties WRT VW Violations 


Dear Mr. Meetu, 

I own a 2015 VW Jetta TDI, and I'm very concerned with the recent activity related to 
VW TDI emissions. More specifically, I worry about the resale value of my car, and 
follow-on performance/MPG degrades after a proposed ECM reprogram. 

Can I offer a suggestion please? I would like to suggest the EPA require VW to pay 
each VW TDI owner the cost of the TDI option, at a minimum. This cost could be part of 
the penalties and fines levied against VW as part of this action. 

I bought my Jetta, like most people in thinking I was helping the environment with clean 
emissions, great fuel economy, and decent performance. Looks like all of these factors 
are compromised now, and hope the EPA thinks about the individual owners during this 
process. 

Thanks for the time, 

Sincerely, 


Ex. 6 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025807 









To: OTAQ[OTAQ@epa.gov] 

From: Kaul, Meetu 

Sent: Wed 9/23/2015 1:13:55 PM 

Subject: FW: VW Recall 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


From :j Ex. 6 

Sent: Tuesday, September 22, 2015 6:47 PM 
To: Kaul, Meetu 
Subject: VW Recall 


I drive a 2012 VW TDI that is in my opinion not road worthy and should be illegal to drive due 
to VW's management's decision to cheat regulators repeatedly. This vehicle could not have been 
sold to the market otherwise. 

The VW practices are anti-competitive (other manufacturers lost market share as they couldn't 
pass emissions), endanger health, suppress research, and force other US companies to loose jobs. 
They have used the government resources to cheat others into spending countless dollars into 
clean technology. Because of their deceptive strategy they were able to improve market share on 
the backs of the tax payers - as there were incentives to buy these vehicles. 

I believe that this behaviour is as bad as it gets. Please keep in mind all of the above and 
understand that the VW would not be the company it is today had they not cheated. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025808 




Would you please do the right thing and do what you can to help prosecute VW to the fullest 
extent of the law. 


Ex. 6 


Concerned Citizen 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025809 




To: Kaul, Meetu[Kaul.Meetu@epa.gov] 

From: EPAMAILR521/USEPA/US 

Sent: Wed 9/23/2015 1:14:00 PM 

Subject: EPA Information Request - Acknowledgement of Receipt 

Thank you for contacting the Office of Transportation and Air Quality (OTAQ). We are processing your 

inquiry; you should receive a response within 5 business days. 

The following information may help you reach a more specific direct contact for information you are 
seeking. 

Frequently asked questions - OTAQ has a “Frequent Questions” site where you can search for answers 
on transportation and air quality issues at: http://www.epa.qov/otaa/about/faq.htm . 

Importing a vehicle to the U.S. - See our Imports site for information about imports at: 
www.epa.gov/otaq/imports or call the Imports Hotline at 734-214-4100. 

Car or light-truck safety issues - Call the Department of Transportation Hotline at 1-800-424-9393. 

Recycling or disposal of antifreeze, batteries, oil, or tires - See EPA's Office of Resource Conservation 
and Recovery web site for information about recycling and disposing of wastes at: www.epa.gov/wastes. 

Finding a specific document - Most of our documents are on our Web site at: www.epa.gov/otaq. If you 
cannot find the document on our site, you can get many publications, free of charge, through the National 
Service Center for Environmental Publications by calling: 1-800-490-9198. If you are looking for a specific 
document that you can’t find, please contact the NVFEL library at 734-214-4311 or email 
AALibrary@epa.gov. 


For tracking purposes, please ensure the following line is included when replying. 
FW:VW Recall 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025810 



Cc: Cohen, Janet[cohen.janet@epa.gov]; Wehrly, Linc[wehrly.Iinc@epa.gov] 

To: Grundler, Christopher[grundler.christopher@epa.gov]; Hengst, 

BenjaminfHengst.Benjamin@epa.gov]; Cook, Leilafcook.Ieila@epa.gov] 

From: Bunker, Byron 

Sent: Wed 9/23/2015 1:14:03 PM 

Subject: VW update 


Line reminded me th_aj_yehjc]e_procureme_nt from jndjviduaj_s_c_an_ ta_ke._seyerai weeks starting with a 
mailing to owners. 


Ex. 7 


He also reminded me that we are stopping new procurements and getting ready to give cars back in case 
there is a shutdown. We can't have owners unable to get their cars because they are locked up in a 
shuttered NVFEL. 


Sent from my iPhone 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025811 




To: 

From: 

Sent: 

Subject: 


Kaul, MeetufKaul.Meetu@epa.gov] 

----- I 

Wed'9723720f5T:'l9:50'PM 
RE: VW OTAQ visit 


OK. Even if it’s a bit earlier we should be able to squeeze in an early morning appt. Thanks. 


Ex. 7 | 

Trial Attorney 

Environmental Enforcement Section 
United States Department of Justice 
PO Box 7611, Ben Franklin Station 
Washington, DC 20044-7611 

Ex. 7 

202.616.2427 (fax) 


Overnight Deliveries 

601 D Street NW, Room 6915 

Washington, DC 20004 


From: Kaul, Meetu [mailto:Kaul.Meetu@epa.gov] 
Sent: Wednesday, September 23, 2015 9:10 AM 


To: 


Ex. 7 


Subject: RE: W'OTA'Q"visit' 


I will check. I think I heard mention of 10:00 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025812 












Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


From: 


Ex. 7 


Sent: \Vc'dhcscIay7Scpfcmbc1 : 2:i;70T5 _ 9:07:AM^ 


To: Kaul, Meetu 
Subject: VW OTAQ visit 


Hi Meetu. What time do you think we’ll start with OTAQ on Friday morning? I’m thinking 
about setting up a breakfast meeting or two i Ex. 7 jThanks. 


Ex. 7 

i_i 

Trial Attorney 

Environmental Enforcement Section 
United States Department of Justice 
PO Box 7611, Ben Franklin Station 
Washington, DC 20044-7611 

f Ex”'7 | 

202.616.2427 (fax) 


Overnight Deliveries 

601 D Street NW, Room 6915 

Washington, DC 20004 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025813 













VW FOIA, EPA 


06/20/2017 


2017-FFP 025814 



To: Bejser, _Evan[Be[ser.Evan@epa.gov] 

From: ! Ex. 6 | 

Sent: ‘"Wed" 9/23/2615'1:21:30 PM 

Subject: Re: VW 


Thanks. Evan. Good luck with the case. 



Non-Responsive 


On Wed, Sep 23, 2015 at 8:56 AM, Belser, Evan < 6etser.Evan@epa.gov > wrote: 



Thanks for checkinq in. Yeah, this VW matter is biq time. Lots of work ahead. 



L 



From:| Ex. 6 

Sent: Wednesday, September 23, 2015 8:43 AM 
To: Belser, Evan 
Subject: VW 


Hi Evan, 


I've been reading about this ongoing VW scandal and thinking of you and Mobile Sources. 
That's quite something, 
with you generally. I hq 



Non-Responsive 


Cheers, 


Ex. 6 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025815 































To: Chapman, Apple[Chapman.Apple@epa.gov] 

From: Brooks, Phillip 

Sent: Wed 9/23/2015 1:25:41 PM 

Subject: Re: Putting a Price on Volkswagen's Diesel Emission-Fraud Liability - Bloomberg Business 

VW coverage here too. Have not done much on web, so no blockage noticed. Beijing is huge. So much if 
it is new. Some great architecture. I will send a picture of a cubist inspired building. Many buildings have 
features that appear to have little functional value, only an aesthetic purpose. Streets are mostly wide 
boulevards with park like common spaces or lined with beautiful weeping willows. No noisy two cycle 
engine scooters. Instead, a constant stream of electric motor bicycles and of course pedal bicycles. The 
cars tell a story of affluence not limited to a few. Not clear to me percentage wise how common car 
ownership is, but those with cars are mostly driving late model cars. Jet lag setting in. Hope to be in 
sync tomorrow. 

Sent from my iPhone 

> On Sep 23, 2015, at 8:30 PM, Chapman, Apple <Chapman.Apple@epa.gov> wrote: 

> 

> The VW media coverage has been non-stop here. The news hour had a big segment yesterday that 
was very well informed. Something every day on NPR. Looks like other diesel manufacturers are doing 
diagnostics on their fleet to verify that similar software does not exist in their cars (in advance of anyone 
asking). 

> 

> Notice any blocked sites since you have been there? 

> 

> Ms. Apple Chapman 

> Associate Director, Air Enforcement Division 

> U.S. Environmental Protection Agency 

> 1200 Pennsylvania Ave. NW, Washington DC, 20004 

> 202-564-5666 (office) 

>202-841-6076 (cell) 

> 

> —Original Message— 

> From: Brooks, Phillip 

> Sent: Wednesday, September 23, 2015 2:16 AM 

> To: Chapman, Apple 

> Subject: Putting a Price on Volkswagen's Diesel Emission-Fraud Liability - Bloomberg Business 

> 

> For perspective. 

> 

> 

> http://www.bloomberg.com/news/articles/2015-09-22/putting-a-price-on-volkswagen-s-diesel-emission- 
fraud-liability 

> 

> 

> Sent from my iPhone 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025816 





To: Senn, John[Senn.John@epa.gov]; Werner, Jacqueline[Werner.Jacqueline@epa.gov] 

Cc: Kaul, MeetufKaul.Meetu@epa.gov] 

From: Belser, Evan 

Sent: Wed 9/23/2015 1:32:42 PM 

Subject: RE: (VW) Mint; re Bosch 

The EPA provides no comment on this ongoing investigation. 

Evan 

—Original Message— 

From: Senn, John 

Sent: Wednesday, September 23, 2015 9:30 AM 
To: Belser, Evan; Werner, Jacqueline 
Cc: Kaul, Meetu 

Subject: FW: (VW) Mint; re Bosch 

Anything we want to say about this? OTAQ punted to us. 


From: Valentine, Julia 

Sent: Wednesday, September 23, 2015 9:17 AM 

To: Hengst, Benjamin; Sutton, Tia; Millett, John; Senn, John 

Cc: Conger, Nick 

Subject: (VW) Mint; re Bosch 

Varun Sood 

Mint www,livemint.com<http://livemint.com/> 

I'm Varun Sood, writer with Mint, a business daily from India and I'm based out of Bangalore. 

I'm writing to you with regards to a piece I'm writing and will appreciate if I can comments from EPA. 

I'm told that Bosch India engineers provided and managed the engine management software and system 
for Volkswagen's diesel engine cars sold in the US. It is this software that has been faulted by the US 
Environmental Protection Agency, which eventually allowed over 500,000 Volkswagen-made cars to pass 
emissions tests. 

Is the above information correct? Finally, will the US EPA now also ask Bosch to explain its stance on this 
"defeat" mechanism installed in the engine management system of Volkswagen cars? 

I look forward to EPA's comments. 

Bests 


Varun Sood 

+91 9900107695<tel:+91 %209900107695> 
Mint 

Sent from USEPA iPhone 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025817 





From: Valentine, Julia 

Sent: Wednesday, September 23, 2015 9:17 AM 

To: Hengst, Benjamin; Sutton, Tia; Millett, John; Senn, John 

Cc: Conger, Nick 

Subject: (VW) Mint; re Bosch 

Varun Sood 

Mint www,livemint.com<http://livemint.com/> 

I'm Varun Sood, writer with Mint, a business daily from India and I'm based out of Bangalore. 

I'm writing to you with regards to a piece I'm writing and will appreciate if I can comments from EPA. 

I'm told that Bosch India engineers provided and managed the engine management software and system 
for Volkswagen's diesel engine cars sold in the US. It is this software that has been faulted by the US 
Environmental Protection Agency, which eventually allowed over 500,000 Volkswagen-made cars to pass 
emissions tests. 

Is the above information correct? Finally, will the US EPA now also ask Bosch to explain its stance on this 
"defeat" mechanism installed in the engine management system of Volkswagen cars? 

I look forward to EPA's comments. 

Bests 


Varun Sood 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025818 




+91 9900107695<tel:+91 %209900107695> 
Mint 

Sent from USEPA iPhone 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025819 



To: OTAQ[OTAQ@epa.gov] 

From: Kaul, Meetu 

Sent: Wed 9/23/2015 1:41:19 PM 

Subject: FW: Potential Penalties WRT VW Violations 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 



From: 

Sent: VveQhesaayVS'eptemDerz^/zo'io^roA'AM 


To: Kaul, Meetu 

Subject: Potential Penalties WRT VW Violations 


Dear Mr. Meetu, 

I own a 2015 VW Jetta TDI, and I'm very concerned with the recent activity related to 
VW TDI emissions. More specifically, I worry about the resale value of my car, and 
follow-on performance/MPG degrades after a proposed ECM reprogram. 

Can I offer a suggestion please? I would like to suggest the EPA require VW to pay 
each VW TDI owner the cost of the TDI option, at a minimum. This cost could be part of 
the penalties and fines levied against VW as part of this action. 

I bought my Jetta, like most people in thinking I was helping the environment with clean 
emissions, great fuel economy, and decent performance. Looks like all of these factors 
are compromised now, and hope the EPA thinks about the individual owners during this 


vw FOIA, EPA 


06/20/2017 


2017-FFP 025820 










process. 

Thanks for the time, 
Sincerely, 


Manassas, VA 20111 




VW FOIA, EPA 


06/20/2017 


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To: Kaul, Meetu[Kaul.Meetu@epa.gov] 

From: EPAMAILR521/USEPA/US 

Sent: Wed 9/23/2015 1:41:26 PM 

Subject: EPA Information Request - Acknowledgement of Receipt 

Thank you for contacting the Office of Transportation and Air Quality (OTAQ). We are processing your 

inquiry; you should receive a response within 5 business days. 

The following information may help you reach a more specific direct contact for information you are 
seeking. 

Frequently asked questions - OTAQ has a “Frequent Questions” site where you can search for answers 
on transportation and air quality issues at: http://www.epa.qov/otaa/about/faq.htm . 

Importing a vehicle to the U.S. - See our Imports site for information about imports at: 
www.epa.gov/otaq/imports or call the Imports Hotline at 734-214-4100. 

Car or light-truck safety issues - Call the Department of Transportation Hotline at 1-800-424-9393. 

Recycling or disposal of antifreeze, batteries, oil, or tires - See EPA's Office of Resource Conservation 
and Recovery web site for information about recycling and disposing of wastes at: www.epa.gov/wastes. 

Finding a specific document - Most of our documents are on our Web site at: www.epa.gov/otaq. If you 
cannot find the document on our site, you can get many publications, free of charge, through the National 
Service Center for Environmental Publications by calling: 1-800-490-9198. If you are looking for a specific 
document that you can’t find, please contact the NVFEL library at 734-214-4311 or email 
AALibrary@epa.gov. 


For tracking purposes, please ensure the following line is included when replying. 
FW: Potential Penalties WRT VW Violations 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025822 




UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.d 20460 



OFFICE OF 
ENFORCEMENT AND 
COMPLIANCE ASSURANCE 


VIA CERTIFIED MAIL 

RFTITRN PFCFJPT U WnTTF^TFn 

JLZti l i £\IhJ ljlj l LiLJ 

of' 




Volkswagen Group of America. Inc. 



David Geanacopoulos 


Executive Vice President Public Affairs and General Counsel 


Volkswagen Group of America, Inc. 
2200 Ferdinand Porsche Drive 
Herndon. VA 20171 


Stuart Johnson 
General Manager 

Engineering and Environmental Office 
Volkswagen Group of America, Inc. 
3800 Hamlin Road 
Auburn Hills, Ml 48326 


Re: Notice of Violation 


Dear Mr. Geanacopoulos and Mr. Johnson: 


The United States Environmental Protection Agency (ERA) has investigated and continues to 
investigate Volkswagen AG, Audi AG, and Volkswagen Group of America (collectively, VW) 
for compliance with the Clean Air Act (CAA), 42 U.S.C. §§ 7401-767lq, and its implementing 
regulations. As detailed in this Notice of Violation (NOV), the EPA has determined that VW 
manufactured and installed defeat devices in certain model year 2009 through 2015 diesel light- 
duty vehicles equipped with 2.0 liter engines. These defeat devices bypass,'.'defeat, or render 
inoperati ve elements of the vehicles’ emission control system that exist to comply with CAA 
emission standards. Therefore, VW violated section 203(a)(3)(B) of the CAA, 42 U.S.C. 

§ 7522(a)(3)(B). Additionally, the EPA has determined that, due to the existence of the defeat 


Internet Address (URL) • http ://wwwepa.gov 

Recycled/Recyclable » Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 


VW FOIA, EPA 


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devices in these vehicles, these vehicles do not conform in all material respects to the vehicle 
specifications described in the applications for the certificates of conformity that purportedly 
cover them. Therefore, VW also violated section 203(a)(1) of the CAA, 42 U.S.C. :§ 7522(a)(1), 
by selling, offering for sale, introducing into commerce, delivering for introduction into 
commerce, or importing these vehicles, or for causing any of the foregoing acts. 

Law Governing Alleged Violations 

This NOV arises under Part A of Title II of the CAA, 42 U.S.C. §§ 7521-7554, and the 
regulations promulgated thereunder, in creating the CAA, Congress found, in part, that “the 
increasing use of motor vehicles ... has resulted in mounting dangers to the public health and 
welfare," CAA § 101 (a)(2), 42 U.S.C. § 7401(a)(2). Congress’ purpose in creating the CAA, in 
part, was "to protect and enhance the quality of the Nation’s air resources so as to promote the 
public health and welfare and the productive capacity of its population," and “to initiate and 
accelerate a national research and development program to achieve the prevention and control of 
air pollution." CAA § 101 (b)( 1)—(2), 42 U.S.C. §: 7401(b)(l)-(2 : ). The CAA and the regulations 
promulgated thereunder aim to protect human health and the environment by reducing emissions 
of nitrogen oxides (NOx) and other pollutants from mobile sources of air pollution. Nitrogen 
oxides are a family of highly reactive gases that play a major role In the atmospheric -reactions 
with volatile organic compounds (VOCs) that produce ozone (smog) on hot summer days. 
Breathing ozone can tri gger a variety of health problems including chest painpco ughlng, throat 
irritation, and congestion. Breathing ozone can also worsen bronchitis, emphysema, and asthma, 
hildren are at greatest risk of experiencing negative health impacts from exposure to ozone. 


The EPA’s allegations here concern light-duty motor vehicles for which 40 C.F.R. Part 86 sets 
emission standards and test procedures and section 203 of the CAA, 42 U.S.C. § 7522, sets 
compliance provisions. Light-duty vehicles must satisfy emission standards for certain air 
pollutants, including NOx. 40 C.F.R. § 86.1811-04. The EPA administers a certification program 
to ensure that every vehicle introduced into United States commerce satisfies applicable emission 
standards. Under this program, the EPA issues certificates of conformity (COCs), and thereby 
approves the introduction of vehicles into United States commerce. 

To obtain a COG, a light-duty vehicle manufacturer must submit a C'OC application to the EPA 
for each test group of vehicles that it intends to enter into United States commerce. 40 C.F.R. 

§ 86.1843-01.-The CQCapplication must include, among other things, a list of all auxiliary 
emission control devices(AECDs) installed on the vehicles. 40 C.F.R. § 86,1844-0l(d)(l 1). An 
AECD is “any element of design which senses temperature, vehicle speed, engine RPM, 
transmission gear, manifold vacuum, or any other parameter for the purpose of activating, 
modulating, delaying, or deactivating the operation of any part of the emi ssion control system." 
40 C.F.R. § 86,1803-01. The COG application must:also include “a justification for each AECD, 
the parameters they sense and control, a detailed justification of each AECD that results in a 
reduction in effectiveness of the emission control system, and [ a] rationale for why it is not a 
defeat device." 40 C.F.R. § 86.1844-0l(d)(l 1). 

A defeat device is an AEC D “that reduces the effectiveness of the emission control system under 
conditions which may reasonably be expected to be encountered in normal vehicle operation and 


VW FOIA, EPA 


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accident; (3) 
A EC D appl 


conditions are substantially included in t 
AECD is justified in terms of protecting 
D does not go beyond the requirements 
ies only for emergency vehicles .,.40 C.F.R. § 


a Federal emission test procedure; 
vehicle against damage or 
f engine starting; or (4) The 
6.1803-01. 


Motor vehicles equipped with defeat devices, such as those at issue here, cannot be certified. 
EFA, Advisory Circular Number 24: Prohibition on use of Emission Control Defeat Device 
(Dec. 11, 1972); see also 40 C.F.R. §§ 86-1809-01, 86-1809-10, 86-1809-12. Electronic control 
systems which may receive inputs from multiple sensors and control multiple actuators that 
affect the emission control system’s performance are AECDs. EPA, Advisory Circular Number 
24-2 ■ Prohibition of Emission Control Defeat Devices - Optional Objective Criteria (Dec. 6, 
1978). “Such elements of design could be control system logic (i.e.. computer software), and/or 
calibrations, and/or hardware items.” Id. 


“Vehicles are covered by a certificate of conformity only if they are in all material respects as 
described in the manufacturer's application for certification ...40 C.F.R. § 86.1848-10(c)(6). 
Similarly, a GOG issued by EPA, including those issued.to VW, state expressly, “[t]his 
certificate covers only those new motor vehicles or vehicle engines which conform, in all 
material respects, to the design specifications” described in the application for that GOG. See 
also 40 C.F.R, §§ 86,1844-01 (listing required content for COG applications), 86.1848-01 (b) 
(authorizing the EPA to issue COCs on any terms'.that are necessary or appropriate to assure that 
new motor vehicles satisfy the requirements of the CAA and its regulations). 

The CAA makes it a violation “for any person to manufacture or sell, or offer to sell, or install, 
any part or component intended for use with, or as part of, any;m.otor vehicle or motor vehicle 
engine, where a principal effect of the part or component isfo bypass, defeat, or render 
inoperative any device or element of design installed on or in a motor vehicle or motor vehicle 
engine in compliance with regulations under this subchapter, and where the person knows or 
should know that such part or component is being offered for sale or installed for such use or put 
to such use.” CAA § 203(a)(3)(B), 42 U.S.C. § 7522(a)(3)(B); 40 C.F.R. § 86.1854- 12(a)(3)(h). 
Additionally, manufacturers-are prohibited from selling, offering for sale, introducing into 
commerce,delivering for introduction into commerce, or importing, any new motor vehicle 
unless that vehicle is covered by an EPA-issued COG. CAA § 203(a)(1), 42 U.S.C. § 7522(a)( 1); 
40 C.F.R. § 86,1854- 12(a)(1). It is also a violation to cause any of the foregoing acts. CAA 
§ 203(a), 42 U.S.C. § 7522(a); 40 C.F.R. § 86-1854-12(a). 

Alleged Violations 

Each VW vehicle identified by the table below has AECDs that were not described in the 
application for the COG that purportedly covers the vehicle. Specifically, VW manufactured and 
installed software in the electronic control module (ECM) of these vehicles that sensed when the 
vehicle was being tested for compliance with EPA emission standards. For ease of reference, the 
EPA is calling this the “switch.” The “switch” senses whetherthe vehicle is being tested or not 
based on various inputs including the position of the steering wheel, vehicle speed, the duration 
of the engine’s operation, and barometric pressure. These inputs precisely track the parameters of 
the federal test procedure used for emission testing for EPA certification purposes. During EPA 


r* 


VW FOIA, EPA 


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emission testing, the vehicles 5 ECM ran software which produced compliant emission results 
under an ECM calibration that ¥ W referred to as the “dyno calibration” (referring to the 
equipment used in emissions testing, called a dynamometer). At all other times during normal 
vehicle operation, the “switch” was activated and the vehicle ECM software ran a separate “road 
calibration" which reduced the effecti veness of the emission control system (specifically the 
selective catalytic reduction or the lean NOx trap). As a result, emissions of NOx increased by a 
factor of 10 to 40 times above the EPA compliant levels, depending on the type of drive cycle 
(e.g., city, highway). 

The California Air Resources Board (CARB) and the EPA were alerted to emissions problems 
with these vehicles in May 2014 when the West Virginia University's (WVU) Center for 
Alternative Fuels, Engines & Emissions published results of a study commissioned by the 
International Council on Clean Transportation that found significantly higher in-use emissions 
from two light duty diesel vehicles (a 20.12-Jetta and a 2013 Passat). Over the course of the year 
following the publication of the WVU study, VW continued to assert to CARB and the EPA that 
the increased emissions from these vehicles could be attributed to various technical issues and 
unexpected in-use conditions. VW issued a voluntary recall in December 2014 to address the 
issue. CARB, in coordination with the EPA, conducted follow up testing of these vehicles both 
in the laboratory and during normal road operation to confirm the efficacy of the recall. When 
the testing showed only a limited benefit to the recall, CARB broadened the testing to pinpoint 
the exact technical nature of the vehicles 5 poor performance, and to investigate why the vehicles’ 
onboard diagnostic system was not detecting the'Increased emissions. None of the potential 
technical issues suggested by VW explained the higher test results consistently confirmed during 
CARB s testing. It became clear that CARB and the EPA would not-approve certificates of 
conformity for VW’s 2016 model year diesel vehicles until VW could adequately explain the 
anomalous emissions and ensure the agencies that the 2016 model year vehicles would not have 
similar issues. Only then did VW admit it had designed and installed a defeat device in these 
vehicles in the form of a sophisticated software algorithm that detected when a vehicle was 
undergoing emissions testing. 

VW knew or should have known that its “road calibration” and “switch” together bypass, defeat, 
or render inoperative elements of the vehicle design related to compliance with the CAA 
emission standards. This is apparent given the design of these defeat devices. As described 
above, the software was designed to track the parameters of the federal test procedure and cause 
emission control systems to underperform when the software determined that the vehicle was not 
undergoing the federal test procedure. 

VW’s “road calibration” and “switch” are AECDs 1 that were neither described nor justified in 
the applicable COC applications, and are illegal defeat devices. Therefore each vehicle identified 
by the table below does not conform in a material respect to the vehicle specifications described 
in the COC application. As such, VW violated section 203(a)(1) of the CAA, 42 U.S.C. 

§ 7522(a)(1), each time it sold, offered for sale, introduced into commerce, delivered for 
introduction into Commerce, or imported (or caused any of the foregoing with respect to) one of 
the hundreds of thousands of new motor vehicles within these test groups. Additionally, VW 


1 There may be numerous engine maps associated with 
be defeat devices. For ease of description, the EPA is 


VW’s “road calibration” that are AECDs, and that may also 
ing to these maps collectively as the “road calibration.” 


VW FOIA, EPA 


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2017-FFP 025826 














violated section 203(a)(3)(B) of the CAA, 42 U.S.C. § 7522(a)(3)(B), each time it manufactured 
and installed into these vehicles an ECM equipped with the “switch” and “road calibration.” 


The vehicles are identified by the table below. All vehicles are equipped with 2.0 liter diesel 


eno 


Model Year | EPA Test Group I Make and Model(s) 


9VWXV02.035N 




VW Jetta, VW Jetta Sportwagen 




.0U4 


DVWXV02.0U5N 

WwxmoIM' 

EVWXVQ2.0U5N 

EVWXV.02.0U4S" 
' F VGA V 02 .OVAL 


VW Beetle, VW Beetle Convertible, VW 
Jetta, VW Jetta Sportwagen, Audi A3 

V W Passat _ 

VW Beetle, VW Beetle Convertible, VW 
Jetta, V W Jetta Sportwagen, Audi A3 

V W Passat” 

VW Beetle, VW Beetle Convertible, VW 
Golf Sportwagen, VW Jetta, VW Passat,. 


jolf. VW 


Enforcement 

I he EPA’s. investigation into this matter is. continuing,. The above table represents specific 
violations that the EPA believes, at this point, are sufficiently supported by evidence to warrant 
the allegations in this NOV. The. ERA may find additional violations as the investigation 
continues. 


The EPA is authorized to refer this matter to the United States Department of Justice for 
initiation of appropriate enforcement: action. Among other things, persons who violate section 
203(a)(3)(B) of the C AA, 42 U.S.C. § 7522(a)(3)(B), are/subject to a civil penalty of up to 
$3,750 for each violation that occurred on or after January 13, 20Q9; 11 ' CAA. § 205(a), 42 U.S.C. 
§ 7524(a); 40 C.F.R. § 19.4, In addition, any manufacturer who, on or after January 13,2009, 
sold, offered for sale, introduced into commerce* delivered for introduction into commerce, 
imported, or caused any of the foregoing acts with respect to any new motor vehicle that was not 
covered by an EPA-issued COG is subject, among other things, to a civil penalty of up to 
$37,500 for each violation.' 21 CAA § 205(a), 42 U.S.G. § 7524(a); 40 C.F.R. § 19.4. The EPA 
may seek, and district courts may order, equitable remedies to further address these alleged 
violations. CAA § 204(a), 42 U.S.C. § 7523(a). 


111 $2,750 for violations occurring prior to January 13, 2009. 
121 $32,500 for violations occurring prior to January 13, 2009. 


VW FOIA, EPA 


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2017-FFP 025827 










































The EPA is available to discuss this matter with you. Please contact Meetu Kaul, the EPA 
attorney assigned to this matter, to discuss this NOV, Ms, Kaul can be reached as follows: 


Meetu Kaul 

U.S. EPA, Air Enforcement Division 

1200 Pennsylvania Avenue, NW 

William Jefferson Clinton Federal Building 

Washington, DC 20460 

(202) 564-5472 

kaul.meetu@epa.gov 



Air Enforcement Division 
Office of Civil Enforcement 


Copy: 

Todd Sax. California Air Resources Board 

Walter Benjamin Fisherow, United States Department of Justice 

Stuart Drake, Kirkland & Ellis LLP 


6 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025828 









From: Stewart, Gwen 

Required Attendees: Benjamin Hengst; Bradish, Tracey; Bunker, Byron; Charmley, 

William; Dupree, Sheena; Gwen Stewart; Haugen, David; Jacqueline Jones; Jonell Iffland; 
Kimberly Derksen; Leila Cook; Sherry Waite; Simon, Karl; Cohen, Janet; Wehrly, Line; Benjamin 
Hengst (Hengst.Benjamin@epa.gov) 

Optional Attendees: Cook, Leila; Patulski, Meg; Snapp, Lisa; Olechiw, Michael; Ed 

Nam (nam.ed@epa.gov); Kathryn Sargeant (sargeant.kathryn@epa.gov); Kapichak, Rudolph; 
So sn o wsk i , Dave; Di ck inson, David; Blubaugh, Jim_ 

Non-Responsive 

L_ j 

Importance: Normal 

Subject: FYI FOR CHRIS: VW Cross Divisional Coordination and Communications 
Start Date/Time: Wed 9/23/2015 5:00:00 PM 

End Date/Time: Wed 9/23/2015 6:00:00 PM 

MEETING REQUEST: 

Gwen and Pat, 

Lee asked me to work on setting up a meeting for the Division Directors and 10 (Ben/Lee/Tracey) 
to hear about where we are on VW, discuss the magnitude and to provide context for providing 
additional support to additional communications materials and Q&A. 


In addition to the SLT, please invite me and Line Wehrly and indicate that the division directors 
may bring others that should be there. 

Lee says the Chris should NOT be an invitee since we can’t schedule around him this time. Also, 
Byron is out on travel tomorrow. He is relatively available by phone though. 


The title of the meeting is: VW cross-divisional coordination and communications. It should 
happen tomorrow if at all possible. Thanks, please call me if you have any questions. 

- J. - 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025829 





From: Grundler, Christopher 

Required Attendees: Benjamin Hengst; Bradish, Tracey; Bunker, Byron; Charmiey, 

William; Dupree, Sheena; Gwen Stewart; Haugen, David; Jacqueline Jones; Jonell Iffland; 
Kimberly Derksen; Leila Cook; Sherry Waite; Simon, Karl; Cohen, Janet; Wehrly, Line 
Location: RM. 6524 DC/RM. C-174 DOD AA - By telephone: fNon-Responsive ] Access 

Code: < Non-Responsive j 

Importance': Normal 

Subject: FYI FOR CHRIS: VW Cross Divisional Coordination and Communications 
Start Date/Time: Wed 9/23/2015 5:00:00 PM 

End Date/Time: Wed 9/23/2015 6:00:00 PM 


MEETING REQUEST: 


Gwen and Pat, 

Lee asked me to work on setting up a meeting for the Division Directors and 10 (Ben/Lee/Tracey) 
to hear about where we are on VW, discuss the magnitude and to provide context for providing 
additional support to additional communications materials and Q&A. 


In addition to the SLT, please invite me and Line Wehrly and indicate that the division directors 
may bring others that should be there. 


Lee says the Chris should NOT be an invitee since we can't schedule around him this time. Also, 
Byron is out on travel tomorrow. He is relatively available by phone though. 


The title of the meeting is: VW cross-divisional coordination and communications. It should 
happen tomorrow if at all possible. Thanks, please call me if you have any questions. 



VW FOIA, EPA 


06/20/2017 


2017-FFP 025830 










To: Belser, Evan[Beiser.Evan@epa.gov] 

Cc: Brooks, Phillip[Brooks.Phillip@epa.gov]; Werner, Jacqueline[Werner.Jacqueline@epa.gov] 

From: Kelley, Rosemarie 

Sent: Wed 9/23/2015 1:57:21 PM 

Subject: Re: WG: Volkswagen - defeat device 

Yes. Please reach out to Anna Phillips in oita. Thx. 

Rosemarie 

On Sep 23, 2015, at 8:36 AM, Belser, Evan < Belser.Evan@epa.gov > wrote: 


Rosemarie, 

An enforcement agency from Germany is requesting phone call with us. Should we loop in 
OITA? I think it would be fine to have this call but of course we can't share more than what 
we're already making public. 


Evan Belser 


Chief, Mobile Source Enforcement Branch 
US EPA 


Begin forwarded message: 


From: "Albus, Christoph" < christoph,albus@,bm vi.bund.de > 

Date: September 23, 2015 at 7:34:28 AM EDT 

To: '" Belser.evan@epa.gov "' < Belser.evan@epa.gov > 

Cc: ’"Michael Olechiw ( olechiw.michael@epa.gov y" < olechiw.michael@,epa.gov >. 
"Redmann, Stephan" < stephan.redmann@bmvi.bund.de >. "' Mark.Wummel @k ba.de '" 
< Mark.Wummel@,kba.de >. "'Paeslack, Sven'" < sven.paeslack@,kba.de> 

Subject: WG: Volkswagen - defeat device 


Dear Mr. Belser 

Regarding the Volkswagen issue Mr. Olechiw provided the information, that you are 
the responsible contact person at EPA. Together with my colleague Stephan Redman 
and colleagues from our type approval agency (KBA) we are very much interested in a 
phone conference with you. Would it be possible for you to have such a phone 
conference this Friday (25th). 

Thanks in advance. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025831 




Best Regards 
Christoph Alb us 


Von: Redmann, Stephan 

Gesendet: Mittwoeh, 23. September 2015 13:21 

An: Albus, Christoph 

Betreff: WG: Volkswagen - defeat device 


Von: Olechiw, Michael f mailto:olechiw.michael@epa.qov' 

Gesendet: Montag, 21. September 2015 14:39 
An: Redmann, Stephan 
Cc: 'Paeslack, Sven' 

Betreff: RE: Volkswagen - defeat device 


Hello Stephan! 


I can imagine that this has caused quite the stir in Germany. You can reference the 
Notice of Violation that we sent to VW: http://www3.epa.gov/otaq/cert/documents/vw- 
nov-caa-09-18-15 .pdf 


This should help answer some of your questions. For now you may contact Evan 
Belser here at EPA. ( Belser.evaii@epa.gov . 001-202-564-6850) 


If you would like to talk this morning, I am available after 3 PM your time. 


Best Regards, 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025832 



Mike 


Michael R. Olechiw 

Director - Light-duty Vehicles and Small Engines Center 

USEPA/OTAQ/ASD 

2000 Traverwood Drive 

Ann Arbor MI 48105 

Tel: +1-734-214-4297 

Mobile: +1-734-546-8079 

Fax: +1-734-214-4050 

olechiw.michael@epa.gov 


From: Redmann, Stephan [mailto:stephan.redmann@bmvi.bund.de l 

Sent: Monday, September 21, 2015 4:31 AM 
To: Olechiw, Michael 
Cc: 'Paeslack, Sven' 

Subject: Volkswagen - defeat device 

Importance: High 


Dear Michael, 

how are you? You may imagine that the EPA case against Volkswagen regarding use 
of defeat devices is causing some turbulences here in Germany. 


KBA - the German type approval authority - is currently investigating the case. Of 
course they are in direct contact with Volkswagen, but currently most of our 
information is still based on press announcements. Therefore I would like to ask you 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025833 




whether US EPA can provide us more information. 


If you are not involved can you please provide us the right contact persons for an 
official request? 

Best regards 
Stephan 


Federal Ministry of Transport and digital Infrastructure 
Division LA27 

Automotive Engineering (Environment) 

Robert-Schuman-Platz 1 
53175 Bonn, GERMANY 

Tel.: +49 (0)228-300- 4371 

Fax: +49 (0)228-300-807-4371 

email: stephan,redma.nn@,bmvi.bund.de 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025834 



To: Albores, Richard[Albores.Richard@epa.gov] 

Cc: Chapman, Apple[Chapman.Apple@epa.gov]; Brooks, Phillip[Brooks.Phillip@epa.gov]; 

Thompson, Christopher[Thompson.Christopher@epa.gov] 

From: Werner, Jacqueline 

Sent: Wed 9/23/2015 2:30:49 PM 

Subject: Re: VW, GMC, Ford 

Thanks for the tip/info Richard. 

Jacqueline 

Sent from my iPhone 
Jacqueline Robles Werner 
Associate Director 
Air Enforcement Division 
W: 202-564-1036 

On Sep 23, 2015, at 8:42 AM, Albores, Richard < Albores.Richard@epa.gov > wrote: 


Hello AED 


I received this email, and thought I should pass it on to you all. Not sure how the sender got 
my name and address. 


Thanks, 


R 


****************************** 


Richard L. Albores, Attorney-Advisor (Acting Director) * Federal Facilities Enforcement Office 
(2261 A) * 

U.S. Environmental Protection Agency * WJC South, Room 3224J (Enter through Room 3228) * 
1200 Pennsylvania Avenue, N.W., Washington, DC 20460 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025835 



Albores.richard@epa.go v * Main 202 564-2510 * Direct 202 564-7102 * i Ex. 6 |*Fax 
202 501-0069 


Visit FedCenter: http://www.fedcenter.gov Help eliminate environmental violations. 
Report tips and complaints at: http://www.epa.gov/compliance/complaints/index.html 


From: vi Ex. 6 

Sent: WednesdayrSeptember 23, 26T5 8:3T AM 

To: Albores, Richard 

Cc: Jenny Martinez 

Subject: VW, GMC, Ford 


Mr Albores; 

It is my understanding that there is other car companies clearly violating EPA standards and only VW has been 
caught. It is quite obvious that For and GMC are doing the same in front of the naked eye. If you pay attention 
to GMC and Ford Diesel equipped heavy duty trucks the all have a design at the end of the muffler that provide 
for some fresh air to be pulled and directed to the tip of it where you would normally install the Mono-Nitrogen 
oxides (NOx) sensor. Common sense tells you that this "fresh" air will impact the emissions test positively, but, 
are these vehicles really being environmentally friendly? 


Best Regards; 

[Ex76| 

i_j 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025836 













Required Attendees: Werner, Jacqueline; karen.dworkin@usdoj.gov; Brian Lusignan; 

Kelley, Rosemarie; Ben Fisherow (Walter.Benjamin.Fisherow@usdoj.gov); Michael J. Myers 

O ptiona I Atte ndees: _Lemuel. SroJ.oyic_ 

Location: Non-Responsive 

Importance: '■■'Normal- 

Subject: EPA-NY Coordination Discussion re VW 
Start Date/Time: Fri 9/25/2015 2:30:00 PM 

End Date/Time: Fri 9/25/2015 3:00:00 PM 


Evan Belser 

Chief, Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 
Office of Enforcement and Compliance Assurance 
United States Environmental Protection Agency 
202-564-6850 


Do not release this email. This is confidential attorney-client communication and privileged 
attorney work product created for law enforcement purposes. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025837 







From: Belser, Evan 

Required Attendees: Brian Lusignan; Michael J. Myers; Kelley, Rosemarie; Werner, 

Jacqueline; Ben FisherowiWaJter.Benj.amin : .F[sherpw@usdoj.gov); karen.dworkin@usdoj.gov 

Location: Non-Responsive 

I mporta nee : L ' Normal 

Subject: EPA-NY Coordination Discussion re VW 

Start Date/Time: Fri 9/25/2015 3:00:00 PM 

End Date/Time: Fri 9/25/2015 3:30:00 PM 


Evan Belser 

Chief, Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 
Office of Enforcement and Compliance Assurance 
United States Environmental Protection Agency 
202-564-6850 


Do not release this email. This is confidential attorney-client communication and privileged 
attorney work product created for law enforcement purposes. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025838 






To: Bunker, Byron[bunker.byron@epa.gov]; Wehrly, Linc[wehrly.Iinc@epa.gov] 

From: I Ex.'7 i(EEO) 

Sent: ' Wed 9/2372015 2:47:24 PM 

Subject: RE: 2015 My Inventory Update 


Hello Byron and Line, 


I want to stress here that there is no intentional action to deceive you on these 2015 MY 
volumes. These vehicles are in the hands of dealers, so from the company perspective they are 


i_ 

Ex. 4 - ( 

:bi 

_J 

E 

i_ 

Ex. A 

l- 

CBI 


Once again I apologize. I don’t always have every number and sales inventory volumes 


available to me. j 

L._________ 

Ex. 4 - CBI 

m 

X 

m 

4-CBI 

! Ex. 4 - CBI jl think you know this is the nature of a large business with way too many people 


l_: 

involved in an issue. 


The numbers below are accurate. The vehicles are not in ports but with dealers, i Ex. 4 - CBI 

.Ex. 4 - CBI 


I take my personal integrity and my reputation very seriously and hope you know I am giving 
you honest answers with the information that is available to me. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025839 


























Hope this helps. Byron, I know you are traveling but when you have time please give me a call. 


Thank you. 


f Exi 7 ] 

I_J 


From : j ~~~ e ~ xT 7 j (EEO) 

Sent: Tuesday, September 22, 2015 4:46 PM 
To: bunker.byron@epa.gov; wehrly.linc@epa.gov 
Subject: 2015 My Inventory 


Hello Byron and Line, 


I requested actual 2015 MY numbers after our conversation: 


Volkswagen: 


Ex. 4 - CBI 


Audi: 


Ex. 4 - CBI 


VWFOIA, EPA 06/20/2017 2017-FFP 025840 












My apologies. I sent your message about credibility back to my management. 


Ex. 7 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025841 







To: Belser, Evan[Belser.Evan@epa.gov] 

Cc: Maciej.SZYMANSKI@ec.europa.eu[Maciej.SZYMANSKI@ec.europa.eu]; 

Joanna. SZYCHOWSKA@ee.europa.eu[Joanna.SZYCHOWSKA@ec.europa.eu]; 
pierre.bonnel@jrc.ec.europa.eu[pierre.bonnel@jrc.ec.europa.eu]; 
martin.weiss@jrc.ec.europa.eu[martin.weiss@jrc.ec.europa.eu]; Olechiw, 
Michael[olechiw.michaei@epa.gov]; 

Barbara. BONVISSUTO@ec.europa.eu[Barbara.BONVISSUTO@ec.europa.eu] 

From: Nikolaus. Steininger@ec.europa.eu 

Sent: Wed 9/23/2015 2:57:29 PM 

Subject: RE: Recall of Volkswagen diesel vehicles by EPA 


Dear Evan, 


As you can imagine we have very intense discussions on the VW case on all levels at our end. 
One question, which pops up all the time is the motivation of VW for having the defeat device 
installed at the first place. 


Basically some of the faulty vehicles have a SCR system installed and then the motivation is 
obviously saving urea, allowing for larger travel distances between refill intervals, basically for 
customer convenience. By the way, does EPA or CARB regulation require a minimum travel 
distance for which a full tank must provide urea (e.g. for assuming a poor urea supply 
infrastructure)? If so, VW might have a big problem to render the vehicles compliant even with a 
recall. 


But other vehicles have a LNT installed. In such case the motivation for the defeat device would 
be a reduced fuel consumption, but this fuel consumption would not show on the regulatory test 
cycle, on which the defeat device by definition would not be active. VW would therefore not 
benefit from reduced fuel consumption/C02 emission values for the US fleet target. It is true that 
the real driving fuel consumption would be slightly better with the defeat device on board, but is 
this a strong enough motivation to take such high risk (in particular in the US market with 
relatively low fuel prices)? 


I would be very grateful if you could come back with your thoughts on this. 


Regards, 

Klaus 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025842 



Nikolaus STE1NINGER 
Policy officer 


European Commission 
DG GROWTH 

C.4 Automotive and Mobility Industries 

http://ec.europa.eu/qrowth/sectors/automotive/index en.htm 


BREY 10/046 

B-1049 Brussels/Belgium 

+32 2 29-58557 

nikolaus.steininqer@ec.europa.eu 


DISCLAIMER: 

Please note that information contained in this mail and its annexes 

- does not commit the European Institutions or the sender in any respect 

- is not necessarily comprehensive, complete, accurate or up-to-date 

- should not be considered as professional or legal advice 


From: STEININGER Nikolaus (GROW) 

Sent: Monday, September 21,2015 5:59 PM 
To: Belser.evan@epa.gov' 

Cc: SZYMANSKI Maciej (GROW); SZYCHOWSKA Joanna (GROW); BONNEL Pierre (JRC-ISPRA); 
WEISS Martin (JRC-ISPRA); 'Olechiw, Michael' 

Subject: RE: Recall of Volkswagen diesel vehicles by EPA 


Hi Evan, 


Thanks a lot for your time on the phone. Let's stay in touch. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025843 



Regards, 


Klaus 


Nikolaus STEiNINGER 
Policy officer 


European Commission 
DG GROWTH 

C.4 Automotive and Mobility Industries 

http://ec.europa.eu/growth/sectors/automotive/index en.htm 


BREY 10/046 

B-1049 Brussels/Belgium 

+32 2 29-58557 

nikolaus.steininqer@ec.europa.eu 


DISCLAIMER: 

Please note that information contained in this mail and its annexes 

- does not commit the European Institutions or the sender in any respect 

- is not necessarily comprehensive, complete, accurate or up-to-date 

- should not be considered as professional or legal advice 


From: Olechiw, Michael f mailto:olechiw.michael@epa.qov' 

Sent: Monday, September 21,2015 2:37 PM 
To: STEININGER Nikolaus (GROW) 

Cc: SZYMANSKI Maciej (GROW); SZYCHOWSKA Joanna (GROW); BONNEL Pierre (JRC-ISPRA); 
WEISS Martin (JRC-ISPRA) 

Subject: RE: Recall of Volkswagen diesel vehicles by EPA 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025844 



Hello Klaus, 


You can reference the Notice of Violation that we sent to VW: 

http://www3.epa.aov/otaq/cert/documents/vw-nov--caa-09-18--15.pdf 


This should help answer some of your questions. For now you may contact Evan Belser here at 
ERA. (Belser.evan@epa.gov , 001-202-564-6850) 

If you would like to talk this morning, I am available after 3 PM your time. 

Best Regards, 

Mike 

Michael R. Olechiw 

Director - Light-duty Vehicles and Small Engines Center 

USE P A/OT AQ/AS D 

2000 Traverwood Drive 

Ann Arbor Ml 48105 

Tel: +1-734-214-4297 

Mobile: +1-734-546-8079 

Fax: +1-734-214-4050 

olechiw.michael@epa.gov 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025845 



From: Nikolaus.SteininQer@ec.europa.eu [mailtoiNikolaus.SteininQer@ec.europa.eu' 

Sent: Sunday, September 20, 2015 9:24 AM 
To: Olechiw, Michael 

Cc: Maciej.SZYMANSKI@ec.europa.eu : Joanna.SZYCHOWSKA@ec.europa.eu ; 
pierre.bonnel@irc.ec.europa.eu ; martin.weiss@jrc.ec.europa.eu 

Subject: Recall of Volkswagen diesel vehicles by EPA 


Dear Michael, 


The recent recall of Volkswagen diesel vehicles by EPA is now all over the European media and it may have some 
implications for the ongoing development of real driving emission (RDE) legislation, mainly addressing NOx 
emissions of diesel vehicles, at our end. Therefore I would be very grateful if we could establish a contact on the 
working level on this topic. I am not sure whether you are the right person; if not maybe you could direct me to the 
appropriate expert at EPA (and/or CARJB). 


It would be particularly useful to know whether EPA's action is driven by the fact that VW diesel vehicles emit 
much more NOx "on the road" (i.e. measured with PEMS?) than on the test cycle - this is actually known since a 
long time and the reason of being for our RDE work (the degree of the RDE exceedance may of course vary from 
vehicle to vehicle and manufacturer to manufacturer). In such case I would be interested in the legal basis for 
requesting the recall, because to my knowledge the US limits (as the EU ones in the current Euro 6 implementing 
legislation, which we are about to change) are defined on a combination of test cycles only (?). 


Or did VW vehicles picked from the road not fulfil the US emission limits on the set of regulatory test cycles (in the 
lab) if certain minor conditions, like position of the steering wheel etc., were modified? The media talk about 
"defeat devices" implemented by VW and indentified by EPA (which would also be illegal in the EU, but 
unfortunately we have no really robust definition right now...) - but the meaning of this term in the given context is 
not clear from the media reports (which is not surprising...). 


I would be very grateful if you came back to me in this matter as soon as possible. 


Regards, 

Klaus 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025846 



From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 3:09:13 PM 

Subject: Volkswagen Test Rigging Follows a Long Auto Industry Pattern 

MAIL_CONVERSATION_TOPIC: Volkswagen Test Rigging Follows a Long Auto Industry 

Pattern 

Created: Fri 3/18/2016 6:18:13 PM 

Ever since governments began regulating cars, automakers have been finding ways to cheat to 
improve data on emissions, gas mileage and safety. 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025847 



From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 3:09:55 PM 

Subject: Volkswagen scandal opens door to Fiat takeover 

MAIL_CONVERSATION_TOPIC: Volkswagen scandal opens door to Fiat takeover 

Created: Fri 3/18/2016 6:18:12 PM 

<p>Fiat Chrysler Automobiles has vocally sought a merger partner. Volkswagen is suddenly 
reeling. Don't be surprised if Fiat CEO Sergio Marchionne makes a move </p> 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025848 



McCabe, 


To: Ex. 6 - Administrator Email Address 

L_ 

Janet[McCabe.Janet@epa.gov]; Grundler, Christopher[grundler.christopher@epa.gov]; Purchia, 
Liz[Purchia.Liz@epa.gov]; Giles-AA, Cynthia[Giles-AA.Cynthia@epa.gov]; Fritz, 

MatthewfFritz.Matthew@epa.gov]; Meiburg, Stan[Meiburg.Stan@epa.gov] 

From: Reynolds, Thomas 

Sent: Wed 9/23/2015 3:11:59 PM 

Subject: vw resignation 


ABC News @A.8C 2m2 minutes ago 

JUST IN: Volkswagen CEO announces resignation after company reveals 11M cars have 
software designed to trick emissions-testing equipment. 


Tom Reynolds 

Associate Administrator for External Affairs 
Environmental Protection Agency 
202-566-0717-direct 
202-568-0750 - cell 

Revnolds.thomas@epa.gov 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025849 




To: Brooks, Phillip[Brooks.Phillip@epa.gov] 

From: Chapman, Apple 

Sent: Wed 9/23/2015 3:15:07 PM 

Subject: VW CEO JUST RESIGNED 


Apple Chapman 
OECA 

Air Enforcement Division 
Sent from my iPhone 
202-841-6076 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025850 



To: Gru_ndl_ex_Chris_top_herf 3 rundler.christopher@epa.gov]; Birgfeld, ErinfBirgfeld.Erin@epa.gov] 

From: j.__i 

Sent: Wed 9/23/2015 3:21:46 PM 

Subject: FW: Breaking News: Volkswagen chief Martin Winterkorn resigns amid emissions scandal 


Ex. 4 - CBI 


(Contractor) 


U.S. Environmental Protection Agency 

National Vehicle and Fuel Emissions Laboratory Library 


2000 Traverwood Drive 


Ann Arbor. MI 48105 



From: NYTimes.com News Alert [mailto:nytdirect@nytimes.com] 

Sent: Wednesday, September 23, 2015 11:20 AM 
To: [' ex” 4'-cbi ] 

Subject: Breaking News: Volkswagen chief Martin Winterkorn resigns amid emissions scandal 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025851 











September 23, 2015 


lMYTimes.com » 



BREAKING NEWS 

Volkswaaen chief Martin Winterkorn 



Wednesday, September 23, 2015 11:17 AM EDI 


Martin Winterkorn resigned as chief executive of Volkswagen on Wednesday, taking 
responsibility for an emissions cheating scandal that has gravely damaged the carmaker’s 
reputation and may spread to the German economy. 

“As C.E.O. I accept responsibility for the irregularities that have been found in diesel 
engines,” Mr. Winterkorn, who had headed the company since 2007, said in a statement. 
But he continued to insist he personally committed no misconduct. “I am not aware of 
any wrong doing on my part.” 

In Germany there was growing concern Wednesday that the scandal could damage the 
country’s economy, which revolves around the auto industry. Volkswagen employs 
274,000 people in Germany at 29 factories, and is already struggling with high labor 
costs. That figure does not count tens of thousands of people employed by Volkswagen 
suppliers. 

Read more » 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025852 




FOLLOW NYTimes 


FACEBOOK 


Get more NYTimes.com newsletters » 


l@NYTimes 


(Get unlimited access to NYTimes.com and our 
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VW FOIA, EPA 


06/20/2017 


2017-FFP 025853 






To: Nikolaus. Steininger@ec.europa.eu[Nikolaus.Steininger@ec.europa.eu] 

Cc: Maciej.SZYMANSKI@ec.europa.eu[Maciej.SZYMANSKI@ec.europa.eu]; 

Joanna. SZYCHOWSKA@ec.europa.eu[Joanna.SZYCHOWSKA@ec.europa.eu]; 
pierre.bonnel@jrc.ec.europa.eu[pierre.bonnel@jrc.ec.europa.eu]; 
martin.weiss@jrc.ec.europa.eu[martin.weiss@jrc.ec.europa.eu]; Olechiw, 

Michael[olechiw.michael@epa.gov]; 

Barbara. BONVISSUTO@ec.europa.eu[Barbara.BONVISSUTO@ec.europa.eu] 

Bcc: Werner, Jacqueline[Werner.Jacqueline@epa.gov]; Kelley, 

Rosemarie[Kelley.Rosemarie@epa.gov]; Orehowsky, GregoryJOrehowsky.Gregory@epa.gov]; Kaul, 
Meetu[Kaul.Meetu@epa.gov] 

From: Belser, Evan 

Sent: Wed 9/23/2015 3:23:07 PM 

Subject: RE: Recall of Volkswagen diesel vehicles by EPA 


Hello Klaus, and thank you for you note. Unfortunately I am not at liberty to discuss case facts 
that are not already public. Answering would also require speculation on my part which would 
not be appropriate. As I’m sure you can appreciate, this is a matter of federal law enforcement 
and we have on ongoing investigation. The answer to “why” VW did this will be part of our 
investigation. 


Best Regards, 
Evan 


Evan Belser 


Chief, Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 
Office of Enforcement and Gompliance Assurance 
United States Environmental Protection Agency 


202-564-6850 


From: Nikolaus.Steininger@ec.europa.eu [mailto:Nikolaus.Steininger@ec.europa.eu] 
Sent: Wednesday, September 23, 2015 10:57 AM 
To: Belser, Evan 

Cc: Maciej.SZYMANSKI@ec.europa.eu; Joanna.SZYCHOWSKA@ec.europa.eu; 
pierre.bonnel@jrc.ec.europa.eu; martin.weiss@jrc.ec.europa.eu; Olechiw, Michael; 
Barbara.BONVISSUTO@ec.europa.eu 
Subject: RE: Recall of Volkswagen diesel vehicles by EPA 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025854 



Dear Evan, 


As you can imagine we have very intense discussions on the VW case on all levels at our end. 
One question, which pops up all the time is the motivation of VW for having the defeat device 
installed at the first place. 


Basically some of the faulty vehicles have a SCR system installed and then the motivation is 
obviously saving urea, allowing for larger travel distances between refill intervals, basically for 
customer convenience. By the way, does EPA or CARB regulation require a minimum travel 
distance for which a full tank must provide urea (e.g. for assuming a poor urea supply 
infrastructure)? If so, VW might have a big problem to render the vehicles compliant even with a 
recall. 


But other vehicles have a LNT installed. In such case the motivation for the defeat device would 
be a reduced fuel consumption, but this fuel consumption would not show on the regulatory test 
cycle, on which the defeat device by definition would not be active. VW would therefore not 
benefit from reduced fuel consumption/C02 emission values for the US fleet target. It is true that 
the real driving fuel consumption would be slightly better with the defeat device on board, but is 
this a strong enough motivation to take such high risk (in particular in the US market with 
relatively low fuel prices)? 


I would be very grateful if you could come back with your thoughts on this. 

J w J J W 


Regards, 

Klaus 


Nikolaus STEININGER 
Policy officer 


European Commission 
DG GROWTH 

C.4 Automotive and Mobility Industries 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025855 



http://ec.europa.ey/growth/sectors/automotive/index en.htm 


BREY 10/046 

B-1049 Brussels/Belgium 

+32 2 29-58557 

nikolaus.steininqer@ec.europa.eu 


DISCLAIMER: 

Please note that information contained in this mail and its annexes 

- does not commit the European Institutions or the sender in any respect 

- is not necessarily comprehensive, complete, accurate or up-to-date 

- should not be considered as professional or legal advice 


From: STEININGER Nikolaus (GROW) 

Sent: Monday, September 21,2015 5:59 PM 
To: Beiser.evan@epa.gov' 

Cc: SZYMANSKI Maciej (GROW); SZYCHOWSKA Joanna (GROW); BONNEL Pierre (JRC-ISPRA); 
WEISS Martin (JRC-ISPRA); 'Olechiw, Michael' 

Subject: RE: Recall of Volkswagen diesel vehicles by EPA 


Hi Evan, 


Thanks a lot for your time on the phone. Let’s stay in touch. 


Regards, 

Klaus 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025856 



Nikolaus STEININGER 
Policy officer 


European Commission 
DG GROWTH 

C.4 Automotive and Mobility Industries 

http://ec.europa.eu/qrowth/sectors/automotive/index en.htm 


BREY 10/046 

B-1049 Brussels/Belgium 

+32 2 29-58557 

nikolaus.steininqer@ec.europa.eu 


DISCLAIMER: 

Please note that information contained in this mail and its annexes 

- does not commit the European Institutions or the sender in any respect 

- is not necessarily comprehensive, complete, accurate or up-to-date 

- should not be considered as professional or legal advice 


From: Olechiw, Michael f mailto:olechiw.michael@epa.gov 

Sent: Monday, September 21,2015 2:37 PM 
To: STEININGER Nikolaus (GROW) 

Cc: SZYMANSKI Maciej (GROW); SZYCHOWSKA Joanna (GROW); BONNEL Pierre (JRC-ISPRA); 
WEISS Martin (JRC-ISPRA) 

Subject: RE: Recall of Volkswagen diesel vehicles by EPA 


Hello Klaus, 


You can reference the Notice of Violation that we sent to VW: 
http://www3.epa.aov/otaq/cert/documents/vw-nov-caa-09-18-15.pdf 

,,,,,,,,,,,,,,,,,,,,,,,,>, y, y,,,,,,,,,,,,,,, y, y, y, y, y, y,y,,,y,,,y,y,y,y,y,y,y,y,y,y,y,y,y,y,y,y,y,y, Yry.Yry,, y,y, >,r, > 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025857 



This should help answer some of your questions. For now you may contact Evan Belser here at 
EPA. (Belser.evan@epa.gov , 001-202-564-6850) 


If you would like to talk this morning, 1 am available after 3 PM your time. 


Best Regards, 


Mike 


Michael R. Olechiw 

Director - Light-duty Vehicles and Small Engines Center 

USE P A/OT AQ/AS D 

2000 Traverwood Drive 

Ann Arbor Ml 48105 

Tel: +1-734-214-4297 

Mobile: +1-734-546-8079 

Fax: +1-734-214-4050 

olechiw.michael@epa.gov 


From: Nikolaus.Steininger@ec.europa.eu [mailto:Nikolaus.SteininQer@ec.europa.eu' 

Sent: Sunday, September 20, 2015 9:24 AM 
To: Olechiw, Michael 

Cc: Maciej.SZYMANSKI@ec.europa.eu : Joanna.SZYCHOWSKA@ec.europa.eu ; 
pierre.bonnel@irc.ec.europa.eu ; martin.weiss@irc.ec.europa.eu 

Subject: Recall of Volkswagen diesel vehicles by EPA 


Dear Michael, 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025858 



The recent recall of Volkswagen diesel vehicles by EPA is now all over the European media and it may have some 
implications for the ongoing development of real driving emission (RDE) legislation, mainly addressing NOx 
emissions of diesel vehicles, at our end. Therefore I would be very grateful if we could establish a contact on the 
working level on this topic. I am not sure whether you are the right person; if not maybe you could direct me to the 
appropriate expert at EPA (and/or CARB). 


It would be particularly useful to know whether EPA's action is driven by the fact that VW diesel vehicles emit 
much more NOx "on the road” (i.e. measured with PEMS?) than on the test cycle - this is actually known since a 
long time and the reason of being for our RDE work (the degree of the RDE exceedance may of course vary from 
vehicle to vehicle and manufacturer to manufacturer). In such case I would be interested in the legal basis for 
requesting the recall, because to my knowledge the US limits (as the EU ones in the current Euro 6 implementing 
legislation, which we are about to change) are defined on a combination of test cycles only (?). 


Or did VW vehicles picked from the road not fulfil the US emission limits on the set of regulatory test cycles (in the 
lab) if certain minor conditions, like position of the steering wheel etc., were modified? The media talk about 
"defeat devices" implemented by VW and indentified by EPA (which would also be illegal in the EU, but 
unfortunately we have no really robust definition right now...) - but the meaning of this term in the given context is 
not clear from the media reports (which is not surprising...). 


I would be very grateful if you came back to me in this matter as soon as possible. 


Regards, 

Klaus 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025859 



To: Brooks, Phillip[Brooks.Phillip@epa.gov] 

From: EnergyGuardian 

Sent: Wed 9/23/2015 3:27:21 PM 

Subject: BREAKING NEWS: Volkswagen CEO steps down amid US emissions-rigging scandal 


Advertise | Contact 



Breaking headlines for Wednesday, September 23, 2015 























































































VW FOIA, EPA 


06/20/2017 


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To: Wehrly, Linc[wehrly.Iinc@epa.gov] 

From: EnergyGuardian 

Sent: Wed 9/23/2015 3:27:34 PM 

Subject: BREAKING NEWS: Volkswagen CEO steps down amid US emissions-rigging scandal 


Advertise I Contact 



Breaking headlin 


es for Wednesday, September 23, 2015 























































































VW FOIA, EPA 


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To: OTAQ[OTAQ@epa.gov] 

From: Kaul, Meetu 

Sent: Wed 9/23/2015 3:27:36 PM 

Subject: FW: VW attorney 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


From: Valentine, Julia 

Sent: Wednesday, September 23, 2015 11:20 AM 
To: Jody Godoy 
Cc: Kaul, Meetu 
Subject: Re: VW attorney 


Checking on that for you, Jody. 

Sent from USEPA iPhone 

On Sep 23, 2015, at 11:17 AM, Jody Godoy <iody.godoy@law360.com > wrote: 


Hi Julia, 


I'm writing on the VW Clean Air Act violations and I wanted to see if you or one of your 
colleagues could help me understand something. 


VW FOIA, EPA 


06/20/2017 


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I was wondering why Stuart Drake of Kirkland & Ellis was cc'd on the notice of violation to 
Volkswagen on Friday. 


Please email me or give me a call at ( 646 ) 350-1379 . 


Thanks, 


Jody Godoy 


Reporter 


Legal News & Data 
860 Broadway, 6th Floor 
New York, NY 10003 

(646) 350-1379 


VW FOIA, EPA 


06/20/2017 


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To: Kaul, Meetu[Kaul.Meetu@epa.gov] 

From: EPAMAILR521/USEPA/US 

Sent: Wed 9/23/2015 3:27:42 PM 

Subject: EPA Information Request - Acknowledgement of Receipt 

Thank you for contacting the Office of Transportation and Air Quality (OTAQ). We are processing your 

inquiry; you should receive a response within 5 business days. 

The following information may help you reach a more specific direct contact for information you are 
seeking. 

Frequently asked questions - OTAQ has a “Frequent Questions” site where you can search for answers 
on transportation and air quality issues at: http://www.epa.qov/otaa/about/faq.htm . 

Importing a vehicle to the U.S. - See our Imports site for information about imports at: 
www.epa.gov/otaq/imports or call the Imports Hotline at 734-214-4100. 

Car or light-truck safety issues - Call the Department of Transportation Hotline at 1-800-424-9393. 

Recycling or disposal of antifreeze, batteries, oil, or tires - See EPA's Office of Resource Conservation 
and Recovery web site for information about recycling and disposing of wastes at: www.epa.gov/wastes. 

Finding a specific document - Most of our documents are on our Web site at: www.epa.gov/otaq. If you 
cannot find the document on our site, you can get many publications, free of charge, through the National 
Service Center for Environmental Publications by calling: 1-800-490-9198. If you are looking for a specific 
document that you can’t find, please contact the NVFEL library at 734-214-4311 or email 
AALibrary@epa.gov. 


For tracking purposes, please ensure the following line is included when replying. 
FW: VW attorney 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025866 



To: Allnutt, David[Allnutt.David@epa.gov]; Anderson, Leafanderson.Iea@epa.gov]; Anderson, 

Steve[Anderson.Steve@epa.gov]; Aranda, Amber[aranda.amber@epa.gov]; Averback, 
Jonathan[Averback.Jonathan@epa.gov]; Belser, Evan[Belser.Evan@epa.gov]; Bianco, 

KarenfBianco.Karen@epa.gov]; Bogoshian, MatthewfBogoshian.Matt@epa.gov]; Branning, 
Amy[Branning.Amy@epa.gov]; Bunker, Byron[bunker.byron@epa.gov]; Chapman, 
Apple[Chapman.Apple@epa.gov]; Choi, JakefChoi.Jake@epa.gov]; Cozad, 

David[Cozad.David@epa.gov]; Crum, Lynda[Crum.Lynda@epa.gov]; Crystal, Royfcrystal.roy@epa.gov]; 
Davis, Julian[davis.julian@epa.gov]; Dickinson, David[Dickinson.David@epa.gov]; Dierker, 
Carl[Dierker.Carl@epa.gov]; Doiph, BeckyfDolph.Becky@epa.gov]; Doster, 
Brian[Doster.Brian@epa.gov]; Dubey, Susmita[dubey.susmita@epa.gov]; Dubois, 

Roland[Dubois.Roiand@epa.gov]; Frey, Bert[frey.bertram@epa.gov]; Froikin, 

Sara[Froikin.Sara@epa.gov]; Giles-AA, Cynthia[Giles-AA.Cynthia@epa.gov]; Graham, 

Cheryl[Graham.Cheryl@epa.gov]; Harrison, Ben[Harrison.Ben@epa.gov]; Hoffman, 

Howard[hoffman.howard@epa.gov]; Hogan, StephaniefHogan.Stephanie@epa.gov]; Holmes, 
CarolfHolmes.Carol@epa.gov]; Igoe, Sheila[lgoe.Sheila@epa.govj; Jordan, 

Scott[Jordan.Scott@epa.gov]; Kaplan, Robertfkaplan.robert@epa.gov]; Kataoka, 

Mark[Kataoka.Mark@epa.gov]; Klepp, RobertfKIepp.Robert@epa.gov]; Knapp, 

Kristien[Knapp.Kristien@epa.gov]; Lee, Michaelflee.michaelg@epa.gov]; Lovett, 

Lauren[Lovett.Lauren@epa.gov]; Mackey, Cyndy[Mackey.Cyndy@epa.gov]; Manners, 

Mary[manners.mary@epa.gov]; Marks, Matthew[Marks.Matthew@epa.gov]; Matthews, 

Julie[Matthews.Juliane@epa.gov]; McConkey, DianefMcconkey.Diane@epa.gov]; Mclean, 

Kevin[Mclean.Kevin@epa.gov]; Moore, BrucefMoore.Bruce@epa.gov]; Morgan, 
Jeanette[Morgan.Jeanette@epa.gov]; Moyer, Robert[Moyer.Robert@epa.gov]; Muller, 
Sheldon[Muller.Sheldon@epa.gov]; Niebling, William[Niebling.William@epa.gov]; Nguyen, 

Quoc[Nguyen.Quoc@epa.gov]; Adair, Jocelyn[Adair.Jocelyn@epa.gov]; Odendahl, 

Steve[Odendahl.Steve@epa.gov]; Okoye, Winifred[Okoye.Winifred@epa.gov]; Orlin, 

David[Orlin.David@epa.gov]; Pastorkovich, Anne-Marie[Pastorkovich.Anne-Marie@epa.gov]; Roberts, 
MarthafRoberts.Martha@epa.gov]; Rodman, SonjafRodman.Sonja@epa.gov]; Rowland, 
John[Rowland.John@epa.gov]; Schaaf, Eric[Schaaf.Eric@epa.gov]; Schmidt, 

Lorie[Schmidt.Lorie@epa.gov]; Senn, John[Senn.John@epa.gov]; Shenkman, 

Ethan[Shenkman.Ethan@epa.gov]; Silverman, Steven[silverman.steven@epa.gov]; Smith, 

KristifSmith.Kristi@epa.gov]; Snyder, Doug[Snyder.Doug@epa.gov]; Srinivasan, 

Gautam[Srinivasan.Gautam@epa.gov]; Stahle, SusanfStahle.Susan@epa.gov]; Starfield, 
LawrencefStarfield.Lawrence@epa.gov]; Stern, Allyn[Stern.Allyn@epa.gov]; Tate, 

Ragan[Tate.Ragan@epa.gov]; Thrift, Mike[thrift.mike@epa.gov]; Tierney, Jan[tierney.jan@epa.gov]; 
Ting, Kaytrue[Ting.Kaytrue@epa.gov]; Tsirigotis, PeterfTsirigotis.Peter@epa.gov]; Versace, 
Paul[Versace.Paul@epa.gov]; Vetter, RicktVetter.Rick@epa.gov]; Walker, Mike[Walker.Mike@epa.gov]; 
Ward, W. Robert[Ward.Robert@epa.gov]; Werner, Jacqueline[Werner.Jacqueline@epa.gov]; Wilcox, 
Geoffrey[wilcox.geoffrey@epa.gov]; Williams, Brent[Williams.Brent@epa.gov]; Williams, 

Melina[Williams.Melina@epa.gov]; Williamson, Timothy[Williamson.Tim@epa.gov]; Zenick, 

Elliott[Zenick.Elliott@epa.gov]; Wills, Jennifer[Wills.Jennifer@epa.gov]; Conger, 
Nick[Conger.Nick@epa.gov]; Blake, WendytBlake.Wendy@epa.gov]; Schramm, 

Daniel[Schramm.Daniel@epa.gov]; Vergeront, JulietVergeront.Julie@epa.gov]; Tozzi, 

Lauren[Tozzi.Lauren@epa.gov]; Coursen, David[Coursen.David@epa.gov]; Pilchen, 

Zach[Pilchen.Zach@epa.gov]; Skinner-Thompson, JonathanfSkinner-Thompson.Jonathan@epa.gov]; 
Vijayan, Abi|Vijayan.Abi@epa.gov]; Roder, Aileen[Roder.Aileen@epa.gov]; Walker, 
Denise[Walker.Denise@epa.gov]; Caballero, Kathryn[Caballero.Kathryn@epa.gov]; Thompson, 
Christopher[Thompson.Christopher@epa.gov]; Williams, Christopher[Williams.Christopher@epa.gov]; 
Matthew, Dayna[Matthew.Dayna@epa.gov]; Reid, Lauren[Reid.Lauren@epa.gov]; Sweet, 
Andrew[Sweet.Andrew@epa.gov]; Hammons, Jeffrey[Hammons.Jeffrey@epa.gov]; Morris, 
RachelfMorris.Rachel@epa.gov]; Nguyen, DucH[Nguyen.DucH@epa.gov]; Jordan, 

DeborahfJordan.Deborah@epa.gov]; Charlton, Tom[Charlton.Tom@epa.gov]; Kulschinsky, 
EdwardtKulschinsky.Edward@epa.gov]; Portmess, JessicatPortmess.Jessica@epa.gov]; kaminer, 
joan[Kaminer. Joan@epa.gov] 

From: Turley, Jennifer 

Sent: Wed 9/23/2015 3:40:43 PM 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025867 



Subject: Air & Radiation Law News for September 23, 2015 



& Radiation Law News 


for September 23, 20 




Daily Environment Report" 


Air Pollution 

11M Cars Affected Globally as VW Scandal Widens 

Volkswagen AG said 11 million vehicles were equipped with diesel engines at the center of a widening 
scandal over faked pollution controls that will cost the company at least 6.5 billion euros ($7.3 billion).... 


Air Pollution 

McCarthy: VW Appears to Be ‘Outlier* in Industry 

Volkswagen AG, which admitted that millions of its vehicles were programmed to cheat on federal air 
pollution tests, appears to be a "real outlier" in the auto industry, but federal regulators will investigate 
whether other manufacturers... 


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Air Pollution 


Seventy Mayors Support Strong Ozone Standards 

A coalition of 70 mayors urged the Obama administration to "stay true to the science" in deciding where to 
set national standards on ground-level ozone. The mayors, in a Sept. 21 letter to President Barack 
Obama, pledged to work with... 


Air Pollution 

Sierra Club Sues EPA Over State Ozone Plans 


The Sierra Club asked a federal district court to set a deadline for the Environmental Protection Agency to 
take required action on state plans for implementation of the 2008 ozone standards (Sierra Club v. 
McCarthy, N.D. Cal., No. 3:15-cv-4328,... 


Air Pollution 

VW Probed by States, Canada Over Pollution Cheating 

The probes of Volkswagen AG’s technology to cheat air pollution tests has widened to include New York 
and Connecticut, among other U.S. states, adding to investigations of the German automaker by federal 
investigators and a growing... 


Budget 

Temporary Spending Bill Has No Environmental Riders 

A temporary spending bill introduced into the Senate Sept. 22 contains none of the dozens of 
environmental policy riders that had been included in prior iterations of federal spending bills from earlier 
this year. However, Democrats are expected... 


Climate Change 

Fossil-Fuel Divestment Movement Exceeds $2.6 Trillion 

Portfolio managers have pledged to steer $2.6 trillion in investments away from fossil fuels in an effort to 
prevent catastrophic climate change.... 


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Climate Change 


India Could Double Carbon Intensity Goal, Advocates Say 

India is expected to ratchet up its offer to cut the carbon intensity of its economy as well as a commitment 
to renewable energy when it formally submits a pledge to the upcoming global climate talks in Paris, 
United Nations officials and environmental... 


Climate Change 

Pope Expected to Make Forceful Case for Climate Action 

Pope Francis is expected to forcefully make the moral case for action on climate change when he 
addresses Congress this week in what some advocates see as a golden opportunity to galvanize support 
for an international climate agreement.... 


Climate Regulation 

API Reiterates Concerns on Eve of Methane Hearings 

Inefficient and duplicative federal regulatory initiatives will cripple job opportunities in the fossil fuel 
industry and won't reduce greenhouse gas emissions as effectively as private-sector solutions, American 
Petroleum Institute... 


Elections 

Bush Targets EPA Rules in Regulatory Plan 

Republican presidential candidate Jeb Bush vowed to repeal or overhaul Environmental Protection 
Agency rules setting carbon dioxide emissions limits on power plants, defining Clean Water Act 
jurisdiction and regulating coal ash as part... 


Elections 

Trump ‘Not a Believer' in Man-Made Climate Change 

Businessman Donald Trump, the front-runner for the Republican presidential nomination, disputes the 
near unanimity of the scientific community and says he does not accept that human activity significantly 
contributes to climate change.... 


VW FOIA, EPA 


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Energy 


FERC Member Concerned About Rate Hikes From Power Plan 


Tony Clark, a commissioner with the Federal Energy Regulatory Commission, said he has fewer 
concerns about the impact of the Clean Power Plan on the reliability of the electricity grid than he does 
about the plan leading to higher rates.... 


Energy 

Senate Democrats Release Wide-Ranging Energy Bill 

Tax subsidies for the fossil fuel industry would be repealed and new clean energy tax incentives would be 
created under a wide-ranging energy bill released Sept. 22 by Senate Minority Harry Reid (D-Nev.) and a 
coalition of other Senate Democrats.... 


Fuel Efficiency 

EU Delays Heavy-Duty Vehicle Emissions Measure 

A European Union measure on carbon dioxide emissions from trucks and other heavy-duty vehicles, 
originally slated for publication in 2015, will not be proposed until 2016 or 2017, the European 
Commission confirmed to Bloomberg BNA Sept.... 


International Climate 

Flqueres: Climate Pledges Won't Surpass 80% of Emissions 

India, Brazil and other developing nations still have not made offers ahead of talks toward a global climate 
agreement, but their pledges won't fundamentally alter the need for far greater future action, the United 
Nations' top climate... 


International Climate 

Green Climate Fund Details Delayed Until October 

Details of the progress of the United Nation’s plan to create a $100 billion climate fund will be discussed 
on Oct. 9 at an International Monetary Fund meeting in Lima, a German Cabinet minister said.... 


Natural Gas 


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Manufacturing Group Calls for More FERC Gas Rate Reviews 


An organization representing large manufacturers called for the Federal Energy Regulatory Commission 
to initiate more frequent reviews of interstate natural gas pipelines' rates, contending that many pipelines 
are overcharging... 


Regulatory Policy 

Federal Agencies to Expedite Infrastructure Reviews 

The Obama administration released new guidance and other tools to expedite environmental reviews for 
certain infrastructure projects, just days before the House is slated to take up legislation to streamline 
permitting of federally funded... 


Renewable Energy 

China Dam Qiterator Weighs Wind Investments 

China Three Gorges Corp., the world’s biggest dam operator, won deals to design two separate offshore 
wind farms that could require investment of as much as 14.7 billion yuan ($2.3 billion). The facilities 
include a 600-megawatt wind... 


Sustainability 

Federal Purchasers Get Interim EPA Ecolabel Advice 


Federal agencies, which make up one of the world's largest purchasing groups, received interim advice 
from the Environmental Protection Agency Sept. 22 to guide their purchases of environmentally 
preferable products and services.... 


Sustainability 

Unilever, Virgin Lead Companies in Net-Zero Pledge 

Unilever Pic, Virgin Group and three other companies from across the globe are pledging to zero out 
greenhouse gas emissions from their operations by 2050 in hopes of paving the way for other businesses 
to do the same.... 


Trade 

Environmental Goods on U.S. APEC Agenda 


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06/20/2017 


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Lowering tariffs on environmental goods is among U.S. priorities for the Asia-Pacific Economic 
Cooperation (APEC) summit Nov. 16-18, U.S. government officials said.... 



Inside EPA’s Clean Air Report, 09/24/2015 

http://insideepa.com/newsletters/clean-air-report 


Latest News 

Novel Suit Over EPA Air Compliance Order Review Echoes CWA Dispute 

A novel lawsuit seeking judicial review of an EPA Clean Air Act compliance order could provide an 
important test of whether courts can hear challenges to such orders prior to enforcement, echoing a 
dispute over pre-enforcement review of Clean Water Act (CWA) compliance orders that the Supreme 
Court eventually said judges can review. 

Doubting State Progress, Advocates Urge EPA Inspections Of Iowa CAFOs 

Environmentalists in Iowa are asking EPA to conduct independent inspections of manure spills in Iowa, 
casting doubt on a recent progress report from the state's Department of Natural Resources (DNR) that 
claims the state has met the targets in a 2013 agreement with EPA requiring inspections of concentrated 
animal feeding operations (CAFOs). 

News Briefs 

EPA. Refiners Fight Bid To Amend 'Tier 3’ Rule Suit 

EPA and refiners are fighting ethanol proponents' push for the U.S. Court of Appeals for the District of 
Columbia Circuit to amend its ruling that rejected a challenge to the agency's “Tier 3” fuel and vehicle 
emissions rule that ethanol proponents argue includes a test that makes it impossible to bring higher 
blends of the fuel to market. 

EPA’s McCarthy Sees Volkswagen Case As 'Outlier' 

EPA is investigating whether other manufacturers of diesel passenger vehicles may have followed 
Volkswagen's lead in installing unlawful emissions control “defeat devices” that increased emissions of 
nitrogen oxide (NOx) while reducing greenhouse gases, but Administrator Gina McCarthy says she 


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expects the German auto giant to be an "outlier.” 


Senate Backs Bill To Force EPA Settlement 'Transparency' 

Senators by unanimous consent have approved legislation that would set new public disclosure 
requirements to increase “transparency” when EPA and other agencies agree to new rulemaking 
deadlines in judicial settlements, a rare bipartisan move to address what critics say are “sue and settle” 
pacts between EPA and advocates. 



ENERGY POLICY: 

Senate Dems outline sweeping package promoting clean energy 

Geof Koss and Hannah Northev . E&E reporters 
Published: Tuesday, September 22, 2015 

Senate Democrats today laid out a comprehensive package of clean energy provisions that will serve as 
their caucus' starting point in negotiations with Republicans on a range of issues in the coming months. 

The " American Energy Innovation Act " is intended to send "a clear signal that a top priority for Senate 
Democrats is to invest in our clean energy future," Minority Leader Harry Reid (D-Nev.) said during a 
news conference this morning. 

The bill, assembled by Senate Energy ranking member Maria Cantwell (D-Wash.) with the help of 
Democrats on the Finance and Environment and Public Works committees, contains a smorgasbord of 
provisions to curb carbon emissions and boost clean energy sources. 

The measure sets U.S. climate policy as reducing carbon emissions by 2 percent annually through 2025, 
while simultaneously pressing major foreign emitters to cut their own carbon emissions. 

In a nod to current political realities, the bill does not establish a price on carbon but is intended to set 
complementary policies for achieving the goals. "Our approach is to set concrete targets" that will be met 
through innovation, Cantwell said. 

Pressed on the omission of a carbon price, Cantwell noted that the bill would be different if Democrats 
were in the majority but said she's focused on making incremental progress on curbing emissions where 
possible in the meantime. 

The 437-page bill contains provisions from across the caucus, with a major emphasis on overhauling the 
tax code. 

It would create a "performance-based incentive that would be neutral and flexible between clean 
electricity technologies," according to a summary . Finance ranking member Ron Wyden (D-Ore.), a 
former Energy Committee chairman, has long called for such an incentive, which would allow developers 
to choose between a production tax credit and an investment tax credit scaled to the amount of carbon 
dioxide emitted per kilowatt-hour. 


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"Power plants that emit at least 25 percent less carbon than the current nationwide average begin 
qualifying for a small incentive, which increases for power plants that are progressively cleaner," states 
the summary. "Zero emission facilities qualify for the maximum credits -- a 2.3 cents per KWh hour PTC 
or a 30 percent ITC. The PTC is available for the 10 years after a facility is placed in service." 

The bill would also allow power plants operating before Jan. 1,2018, to claim the full 30 percent of the 
ITC for adding energy storage or carbon capture technology. Sen. Martin Heinrich (D-N.M.) said the tax 
treatment for energy storage in the bill could support widespread change on the U.S. electric grid, 
allowing for a more distributed system that supports consumer choice. 

"I think we're going to see what happened with silicon-based photovoltaics in terms of precipitous drops in 
cost, we're going to see those same incremental but significant changes in both the energy density of 
storage and the costs of storage," he said. "When that happens, that's a game changer for how you 
manage the grid as a whole." 

Heinrich is part of a larger group of senators on the left who included language in the bill to support the 
research and deployment of energy storage, increase energy efficiency, remove barriers for distributed 
generation, and increase federal authority to protect the grid from cyberthreats. 

The Senate Democratic measure, for example, includes a proposal Heinrich floated to allow residents 
tapping into communal solar projects to offset power from traditional power plants and more easily 
connect to the grid. That language never made it into the bipartisan bill that passed the Senate Energy 
and Natural Resources Committee. 

Another focus is a proposal from Sen. Al Franken (D-Minn.) to create a federal standard for energy 
efficiency, which authors of the legislation touted as a way to save consumers $150 billion during the next 
15 years. That provision would require utilities to achieve 20 percent energy savings by 2030, at which 
point the Department of Energy would revise the standard. 

The bill also includes language Vermont Sen. Bernie Sanders (I) floated to boost support for solar 
projects in low-income communities. Sanders, who is running for the 2016 Democratic presidential 
nomination, wants the government to provide $200 million in Energy Department loans and grants to help 
low-income families pay for rooftop solar projects ( Greenwire , July 7). 

Other sections mirror the interests of New York Sen. Charles Schumer, the incoming Democratic Senate 
leader after Reid retires, to probe the link between electricity prices and capacity markets in regional 
electricity markets in the Midwest, Northeast, Texas and California. Schumer has for years complained 
about the effects of market constructs on the East Coast and threatened to tie regulators' hands (E&E 
Daily . Nov. 13, 2014). 

The measure additionally would provide "transition relief' by extending the renewable PTC and ITC 
through 2017, with the Section 48C advanced energy manufacturing credit reauthorized with a $5 billion 
allocation. 

The bill also would create a similar technology-neutral, 10-year incentive for renewable transportation 
fuels that is based on the life-cycle carbon emissions of a fuel. 

But at least one Democrat -- Sen. Joe Manchin from coal-heavy West Virginia -- is opposed to the 
legislation, and Heinrich acknowledged the bill faces tough odds in a Republican-controlled Congress. 

"While [the bill] is going to have a tough row to hoe with this leadership, the American people are waking 
up to what kind of energy future they want to see," Heinrich said. "And ideas that are currently tough to 
get a majority for are going to gain traction." 


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The legislation also would cancel a host of tax breaks for the largest oil and gas companies, while 
allowing the incentives to continue "based on the size and level of integration of oil and gas companies." 


That's a political nonstarter in a GOP Congress but provides Democrats with ammunition to bludgeon 
Republicans in an election year. "This is going to be a huge issue in the election," said Schumer, noting 
concern among younger voters about climate change. 

The bill contains other provisions that Republicans will strongly oppose, including the repeal of offshore 
drilling royalty relief, "use it or lose it" provisions for offshore lease holders, and the cancellation of state 
offshore royalty sharing authorized under a 2006 law. 

The Democrats' bill, in the works for months, comes as Republicans have set their sights on repealing the 
long-standing federal ban on crude oil exports. It also follows the Senate Energy Committee's July 
passage of a bipartisan energy package negotiated by Cantwell and Energy Chairwoman Lisa Murkowski 
(R-Alaska). 

Key lawmakers from both parties, including Reid, have said they're willing to discuss a deal to allow crude 
exports if help for cleaner sources is part of the mix (E&E Daily . Sept. 18). 

Cantwell sidestepped a question about such a deal but signaled that Democrats will be looking for 
opportunities to advance their energy preferences in the days ahead. 

"We passed a bipartisan bill out of the committee, and we always expected when that bill came to the 
Senate floor there would be a whole lot of other ideas on both sides of the aisle that would be 
considered," she said. "So these are our ideas. We'd love to get them implemented, and if we don't get 
them implemented now, we'll look to the future. But clearly that will be part of the discussion.” 

POLITICS: 

Pope likely to cause bipartisan squirming on Hill 

Jean Chemnick . E&E reporter 

Published: Tuesday, September 22, 2015 

Pope Francis famously said, "A good Catholic meddles in politics." 

During his visit to the United States this week, he's going to practice what he preaches. 

The pontiff is scheduled to arrive at Andrews Air Force Base near Washington, D.C., this afternoon to 
start five days of discussing issues in ways that will likely make both Republicans and Democrats squirm. 

"My sense is that everyone is excited that he's coming, but everyone will have moments of affirmation and 
discomfort," said John Carr, director of the Initiative on Catholic Social Thought and Public Life at 
Georgetown University. 

While Democrats greet Francis as an ally on social justice, immigration and climate change -- issues the 
pontiff has identified himself with personally - Republicans are moving to align themselves with long- 
established church stances on abortion and homosexuality. 

President Obama and Vice President Joe Biden are expected to greet the 78-year-old pope, who's flying 
from a visit to Cuba. Francis' role in U.S. moves to normalize relations with Cuba will be on the agenda 


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during a White House visit tomorrow that should also touch on global warming and refugee issues and 
immigration, among other issues. 


Before the pontiff wraps up his U.S. stay with a celebration of traditional families in Philadelphia, he plans 
to celebrate a Spanish-language Mass, visit a food bank and prison, and urge world leaders at a United 
Nations' summit to act boldly at December's climate negotiations in Paris. 

It is not clear how heavily Francis will tout his encyclical on climate change and environmental justice, 
which he released in June with much fanfare from environmentalists and congressional Democrats 
(Gneenwire , June 18). 

The 183-page papal letter not only affirms the human cause of climate change but condemns unregulated 
capitalism as "the dung of the devil" and demands that wealthy countries take ambitious steps to mitigate 
the risk of warming, especially to protect the world's poor. 

Environmentalists hope the pope will use Thursday's first-ever address by the head of the Roman 
Catholic Church to a joint session of Congress to drive home the need for urgent action on warming. But 
doing so would likely offend Republicans as much as it delights Democrats. 

Most GOP lawmakers still dispute that human emissions are contributing to warming, and even those who 
acknowledge man-made climate change stop short of calling for drastic action. A group of 11 Republicans 
made headlines last week by appearing to endorse the science behind man-made warming, but their 
resolution specified that any policies to address the problem should be "economically viable." They called 
for "private and public solutions" that do not require economic sacrifice. 

Francis' encyclical, by contrast, is laced with passionate calls for self-sacrifice. He even pans solutions to 
warming like cap and trade because he says they perpetuate a culture of commoditization of resources. 

"The idea of infinite or unlimited growth, which proves so attractive to economists, financiers and experts 
in technology ... is based on the lie that there is an infinite supply of the earth's goods, and this leads to 
the planet being squeezed dry at every limit," he writes. 

Political scramble 

At least one Republican Catholic has said he will not attend the pope's address because of what Francis 
may say. Rep. Paul Gosar (R-Ariz.) in a post on the conservative Townhall.com website last week 
derided the pope for using his position as head of the church to "guilt people into leftist policies" 
(Greenwire . Sept. 18). 

"But when the Pope chooses to act and talk like a leftist politician, then he can expect to be treated like 
one," Gosar wrote. Gosar says he expects some other Republicans to boycott but has not said which 
ones. 

The Arizona Republican proposed that Francis confine his remarks to "standard Christian theology" and 
to defending Christians around the world, including those under threat from Islamic extremists in the 
Middle East. 

And Republican leaders moved to align themselves with the pope on social issues by scheduling votes on 
a bill that would ban abortion after 20 weeks of pregnancy. The Senate this morning voted 54-42 to 
proceed with the bill, falling short of the 60 votes needed for its advance. 

Francis is expected to address abortion during his visit to the World Meeting of Families in Philadelphia 
on Sunday, and his encyclical censures the procedure as part of the "throw-away culture" that also leads 


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to environmental degradation and the waste of resources. 


But most of the issues the pope will raise during his remarks to Congress and other appearances skew 
left. Immigration reform is likely to be a topic when Francis addresses Congress, and again when the 
former Argentinian bishop says Mass in Spanish tomorrow afternoon at the Basilica of the National Shrine 
of the Immaculate Conception to canonize Junipero Serra, a controversial early missionary to California. 

Iraq and Syria will be topics throughout his visit to D.C., but he is also expected to talk prison reform, 
racism and income inequality. Those messages will be underlined by visits to Philadelphia's largest 
correctional facility and a New York food bank later in the week. And Francis' anti-capitalist views make it 
unlikely he'll propose the kinds of free-enterprise solutions to those problems preferred by Republicans. 

The constituency that seems to be celebrating Francis' visit the most, however, are environmentalists. 

The League of Conservation Voters ran ads ahead of his visit touting the pope's climate encyclical. And 
Thursday morning, as many as 250,000 people are expected to go to the National Mail to watch a 
telecast of the pope's address and to be entertained by Moby and other performers who are planning a 
green theme. 

That event by faith group Moral Action on Climate could draw a quarter of the people who visit the 
nation's capital over the next three days, an organizer said. It competes for a few minutes of the pope's 
post-address time with another event on the Capitol's West Lawn that will be hosted by House Speaker 
John Boehner (R-Ohio) for the ticketed guests of members of Congress. Organizers of the climate rally 
hope Francis will say a few words from the Capitol steps about the need for aggressive action to address 
warming -- a message they also expect him to take to the United Nations on Friday. 

The pope's visit also provided the backdrop for the University of Notre Dame's pledge yesterday stop 
supporting coal-fired generation. 

Gosar aside, most members of Congress say they are happy to welcome Francis to the Capitol. But while 
Democrats say they're excited to hear the pope's environmental and social justice message, Republicans 
emphasize that the pope's authority is moral and not political. 

Sen. Mike Rounds (R-S.D.), a Catholic, told CNN this week: "We'll thank him for what he brings to the 
table, and, at the same time, we'll glean from him what we think will be helpful." 

Boehner, who has campaigned for two decades to bring a pope to the Capitol, would not comment on 
what this one might say. His office said Boehner's Catholic faith was a factor in his choice to run for 
Congress and still informs his decisions as speaker. 

Sen. Sheldon Whitehouse (D-R.l.), meanwhile, devoted his weekly climate address last night to the 
pope's encyclical, and House Minority Leader Nancy Pelosi (D-Calif.) called the visit "thrilling." Pelosi has 
often been criticized for holding pro-abortion-rights positions that are at odds with the abortion teachings 
of her Catholic faith. 

But is climate change a fundamental church teaching? 

Rick Hinshaw, director of communications for the conservative Catholic League, said his group was more 
concerned that media coverage would misconstrue the pope's teachings than whether the pontiff would 
say anything that would anger conservative Catholics. 

"In a political society, those are always subject to exploitation or co-opting by people with a political 
agenda," he said. "It's just something that we'll be watching for." 


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The pope's "charitable" statements toward people who have "same-sex" attraction have been taken out of 
context, Hinshaw said, and do not reflect a relaxing of church teachings. 


And he said that while stewardship of the Earth is a fundamental and long-established tenet of the 
Catholic Church, that does not mean a Catholic is obligated to agree with the pope when it comes to 
climate change. 

"It is possible to agree with that and to disagree perhaps with the pope's specific prescriptions for how we 
address that," he said. 

Sister Simone Campbell, executive director of Network, a Catholic social action lobby group, said she 
didn't expect the pope to mention specific policies in his remarks. But she said she expected him to raise 
climate change as a moral issue that Congress should respond to. 

She called it "ironic" that conservative Catholics would try to pre-empt the message by casting it as 
political. 

”1 have been highly criticized by the political right for not being faithful to the teachings of the Holy Father 
when Pope Benedict and Pope John Paul II had a greater focus on the issue of abortion and of gay 
marriage," said Campbell, who started her "Nuns on the Bus" campaign in 2012 against the federal 
budget proposal put forward by Rep. Paul Ryan (R-Wis.). 

"When the message is inconvenient to them, they forget what they have been saying," she continued. 
"And the fact is that it's a complex message, because if we respect the dignity of all of creation, then the 
pope's message about economic justice, environmental justice and that personal justice -- it's all one 
continuous stream." 

FEDERAL AGENCIES: 

Lawmakers call for more transparency on conference spending 

Kevin Boaardus . E&E reporter 
Published: Tuesday, September 22, 2015 

A House Republican and Democrat have introduced legislation that would require federal agencies to 
disclose more about their conference spending. 

Last week, Reps. Ron Kind (D-Wis.) and Erik Paulsen (R-Minn.) offered H.R. 3548 , the "Transparency 
Requirements for Agency Conferences and Events Act," or TRACE Act. 

The legislation would have agencies disclose detailed information about upcoming conferences they're 
hosting or sending employees to. 

Specifically, the bill would require agencies 30 days before a conference begins to submit an itemized 
statement of costs associated with the conference, the keynote speakers' names, a list of attendees, the 
location and itinerary, and a summary of the conference's purposes and goals. 

The lawmakers argue the new requirements are needed to ensure that taxpayer dollars aren't misspent 
on lavish events. 


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"This bill will ensure federal workers get the training and information needed to do their jobs effectively, 
while putting oversight in place to guarantee that federal agencies aren't wasting time or taxpayer 
money,” Kind said in a statement. 


"We have seen federal agencies that have acted in a way that waste taxpayer money by holding 
excessive conferences with extravagant gifts, luxuries and perks," Paulsen said on the House floor 
Friday. "We all remember the lavish Las Vegas GSA conference that cost $823,000 for 300 employees, 
including tens of thousands of dollars spent on gifts. The IRS spent a whopping $50 million dollars -- 
taxpayer dollars -- on conferences alone during a three-year period." 

That Las Vegas conference held in 2010 became a major scandal for the General Services 
Administration. Earlier this year, an agency official involved in the planning of the event was sentenced to 
three months in prison for fraud (Greenwire , July 2). 

The conference also led to a governmentwide crackdown on conference spending, which some federal 
employees has said has hindered them in doing their jobs ( Greenwire , Feb. 9). 

FEDERAL AGENCIES: 

Senate clears bill to boost settlement transparency 

Robin Bravender . E&E reporter 
Published: Tuesday, September 22, 2015 

The Senate yesterday approved a bipartisan bill aimed at making federal agencies' legal settlements 
more transparent. 

The "Truth in Settlements Act" from Sens. Elizabeth Warren (D-Mass.) and James Lankford (R-Okla.) 
passed by unanimous consent. Their bill, S, 1109 , aims to provide the public with more information about 
major settlements between government agencies and corporations. 

"Too often, the American people learn only what the agencies want them to learn about these 
agreements," Warren said on the Senate floor in April when the bill was introduced. "That is not good 
enough. These hidden details can make a huge difference. Below the surface, settlements that seem 
tough and fair don't always look so impressive." 

Her legislation, she added, "will help the public hold federal agencies accountable for settlements they 
make with corporate wrongdoers." 

The bill would force federal agencies to post basic information about major settlements and provide 
copies of those agreements on their websites. The measure would also require agencies to publicly 
explain why withheld information is deemed confidential. 

The Senate also approved an amendment to the measure from Sen. David Vitter (R-La.) that he says 
would limit "sue-and-settle" tactics. 

Republican lawmakers have accused the Obama administration of strategically entering into settlements 
with environmentalists to issue regulations under court-ordered timelines and cut industry out of the 
process. 

Vitter's amendment would require agencies to disclose the terms of any settlement in which the 


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government agrees to pay more than $200,000 in attorney's fees to a private party. It would also require 
public disclosure of the details of any settlement requiring the government to take regulatory actions and 
would force agencies to issue annual reports with details including the total number of settlements 
requiring regulatory changes. 

"Sue and settle is one of the most despicable ways that far-left environmental groups and the Obama 
Administration have cheated the American public out of the rulemaking system, leaning on private 
property rights and costing families and businesses a lot of money," Vitter said in a statement. "My 
amendment promotes transparency within the federal government so that expensive regulations are not 
the result of backroom deals with the president and his supporters." 

Companion legislation was introduced in the House by Rep. Matt Cartwright (D-Pa.) in June. That 
bipartisan bill, H.R. 2648 , was referred to the Oversight and Government Reform and Financial Services 
committees, but neither panel has acted on it. 

INFRASTRUCTURE: 

White House expands initiative to streamline permitting 

Sean Reilly . E&E reporter 

Published: Tuesday, September 22, 2015 

The Obama administration is expanding use of an online "dashboard" intended to prod agencies to 
streamline the permitting of big-ticket infrastructure endeavors, including those in transportation, 
renewable energy and stormwater management, White House officials said today. 

Beginning next month, the 11 federal agencies that play a major role in the review and funding process 
will have to identify projects to be added to the dashboard, according to a memo released this morning by 
Office of Management and Budget Director Shaun Donovan and Christina Goldfuss, managing director of 
the Council on Environmental Quality. 

While those agencies strive to fulfill those responsibilities "in a timely manner that delivers the best 
outcomes," Donovan and Goldfuss wrote, "opportunities exist to further improve the efficiency and quality 
of review, which would cut review timelines while also improving environmental and community 
outcomes." 

The dashboard , launched four years ago in part to give the public a clearer window into the permitting 
process, is currently tracking 25 projects. Under standards spelled out in the memo, other undertakings 
will have to be added if they are likely to cost more than $200 million, require at least two environmental 
or permitting reviews, and involve two or more government jurisdictions. 

While agency officials will have some discretion, "the bias should be toward adding the project to the 
dashboard" if there is any uncertainty, Donovan and Goldfuss wrote. 

Agencies covered by the memo include the Departments of Agriculture, Defense, Energy, the Interior and 
Transportation, and U.S. EPA. 

For each project added to the dashboard, they will also have to provide a schedule that details when the 
application was received, when a decision was made and -- where applicable -- when the review was 
halted without a decision. 


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As a rule, agencies are also supposed to report any pause in the review process lasting at least 30 days. 
Another new feature will be an "outcome classification system" giving agency officials the chance to show 
how their reviews reduced the proposed project's effects on water, air and other resources. 


AIR POLLUTION: 

Mayors urge Obama to set lower ozone limit 

Amanda Reilly . E&E reporter 
Published: Tuesday, September 22, 2015 

Seventy mayors from 24 states yesterday called on President Obama to set a more stringent ozone 
standard as U.S. EPA nears a deadline to choose a final new limit. 

In a letter led by Grand Rapids, Mich., Mayor George Heartwell and Salt Lake City Mayor Ralph Becker, 
the officials said a tighter national limit is needed to protect people from adverse health effects tied to 
ozone pollution. 

Ground-level ozone is a key component of smog that's formed when nitrogen oxides and volatile organic 
compounds react in the presence of sunlight. 

Last November, EPA proposed to lower the current limit of 75 parts per billion to between 65 and 70 ppb. 
But the agency faces intense pressure from industry, GOP critics and several other local officials to retain 
the existing standard ( Greenwire . Sept. 1). 

EPA is under a court-ordered deadline of Oct. 1 to set a final limit. The White House Office of 
Management and Budget is reviewing the agency's decision and is in the midst of stakeholder meetings. 

In their letter , the 70 mayors argued that a limit at the lower end of EPA's proposed range would be most 
protective for the public. They cited studies done by public health organizations, including the American 
Lung Association. 

"As mayors, we are on the front lines of protecting the safety and well-being of our constituents and this 
long-overdue update will reap tremendous benefits for our communities," the letter said. 

In contrast to industry contentions that a new standard would be too burdensome, the mayors also said 
EPA's analysis showed that a new standard would save money in the form of lower health care costs. 

"It's simple -- strong smog pollution protections will save lives and prevent asthma attacks so we stand 
united in calling for action," Heartwell said in a statement. 

Obama last week told a business group that while there were "legitimate" cost issues with a new 
standard, the benefits to public health would outweigh those costs. He also said the administration was 
constrained by the language in the Clean Air Act, which dictates that EPA set a standard that adequately 
protects the public (E&ENews PM . Sept. 18). 

CAMPAIGN 2015: 

Conway steps up pro-coal rhetoric in Ky. gubernatorial race 


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Jennifer Yachnin . E&E reporter 


Published: Tuesday, September 22, 2015 

Kentucky Attorney General Jack Conway trumpets his support for the state's coal industry in a new 
television spot as he competes in a three-way race to succeed term-limited Gov. Steve Beshear (D). 

Conway's 30-second spot comes on the heels of an attack ad from GOP gubernatorial nominee Matt 
Bevin that hit the Democrat over his past support for a federal carbon cap-and-trade program (E&ENews 
PM . Sept. 21). 

The new ad features footage of Conway mingling with coal miners and touts lawsuits the Democrat has 
filed against U.S. EPA over the Clean Power Plan. 

"Jack Conway: He stood up against Barack Obama to protect Kentucky jobs. He took on the EPA and 
said, 'Kentucky comes first,"' a narrator states. 

The ad goes on to tout praise for Conway from former Republican National Committee Chairman Mike 
Duncan, who led the RNC from 2007 to 2009 and now heads the American Coalition for Clean Coal 
Electricity. 

'That's why the former chairman of the Republican Party praised Jack Conway for rising above partisan 
politics to lead," the narrator states, referring to a statement Duncan made in 2014 about a multistate 
lawsuit Conway joined against EPA. 

The ad goes on to cite a statement Kentucky Coal Association President Bill Bissett made last month in 
which he praised both Bevin and Conway for supporting the industry. 

'The Kentucky Coal Association praised Conway as 'very pro-coal,"' a narrator states before Conway 
addresses the camera directly. 

"Coal puts food on the table for our families. I'll stand up to anybody to keep people working here," 
Conway concluded. 

Conway and Bevin are locked in a three-way race with independent Drew Curtis for the right to succeed 
Beshear. 

COAL: 

Murray sues Bloomberg over financial reporting 

Manuel Quinones , E&E reporter 
Published: Tuesday, September 22, 2015 

Murray Energy Corp. is suing Bloomberg LP for revealing confidential information about the coal 
company's finances, according to a complaint filed yesterday in federal court. 

At issue is a story about Murray in the online news outlet Bloomberg Business titled, "Murray Energy's 
Bonds Collapse After Coal Miner Said to Lower Outlook." 


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The story begins, "Murray Energy Corp., which just completed its first purchase of overseas assets, is 
struggling to convince creditors it can withstand the coal slump at home in the U.S." 


Murray, in its complaint, accused Bloomberg reporters of using leaked information that was meant to stay 
private and confidential. The coal company said people with access to the information signed a "binding 
confidentiality agreement." 

Murray has not been shy about suing journalists or media organizations when the company believes 
coverage of its actions or CEO Robert Murray goes beyond journalistic standards (Greenwire , May 13, 
2014). 

But this case is more about the information Bloomberg released than the story's wording. Murray 
spokesman and attorney Gary Broadbent had warned Bloomberg about the story. 

"Murray Energy Corporation objects, in the strongest terms, to the publication of its Confidential 
Information contained in your e-mails to me today," Broadbent wrote on Aug. 14. 

The complaint -- originally filed in the Belmont County, Ohio, Common Pleas Court and transferred to 
U.S. District Court for the Southern District of Ohio -- says Murray is unaware of the leakers' identity. 

"Plaintiffs have been severely damaged both by Bloomberg's conspiracy to breach the Confidentiality 
Agreement which enabled Bloomberg to acquire the Trade Secret Information and by Bloomberg's 
subsequent improper publication of the confidential and nonpublic Trade Secret Information," said the 
complaint. 

A Bloomberg LP spokeswoman declined to comment. 

Murray has been among the most active opponents of the Obama administration's regulatory agenda in 
the courts. One lawsuit accuses U.S. EPA of failing to take account of the economic impacts of 
rulemakings. 

In recent days, Murray also sued the United Mine Workers of America, accusing the union of violating a 
2011 wage agreement (Greenwire , Sept. 21). The union disputes the allegations. 

COAL: 

Northern Cheyenne votes against key railroad route 

Published: Tuesday, September 22, 2015 

Citing multiple cultural and environmental concerns, the Northern Cheyenne Tribal Council voted 
unanimously to oppose a controversial railroad considered key to developing Otter Creek coal in 
Montana. 

BNSF Railway Co., Arch Coal Inc. and candy bar magnate Forrest Mars have proposed the $403 million 
Tongue River Railroad as a means of opening southeast Montana to large-scale coal surface mining. 

The council voted 9-0 against the line. Northern Cheyenne Tribal Council member Conrad Fisher said the 
vote was solely to oppose the railroad and that the issue of surface mining would be taken up at a later 
date. 

"We're talking about the effects that would burden and stress the local resources that we have and the 


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cultural and environmental effects that it would have," Fisher said. "Understand that those are all 
integrated. We need to see them as part of the fabric of our native heritage. I don't want to say there's 
one more important than the other. They're integrated." 


BNSF Railway has pledged that it would protect any cultural site identified in a study conducted by the 
federal Surface Transportation Board. 

Coal mined at the end of the line in Otter Creek Valley would be exported to the Asia-Pacific region (Tom 
Lutey, Billinas Gazette , Sept. 21). -- AW 


Former shell exec goes green 

Published: Tuesday, September 22, 2015 

Former Royal Dutch Shell PLC executive Juan Jose Aranguren has done an energy 180 of sorts since 
leaving the company in June after 37 years. 

He now advocates for clean energy, saying developing wind farms would be more profitable than the 
country's work on a mega shale gas deposit on Vaca Muerta. 

"The time spent investing in the development of wind energy for Argentina would be significantly shorter 
than fracking in Vaca Muerta, which requires a high level of investment. There is a real need in 
diversifying the grid, instead of just talking about it," he said. 

Since leaving Shell, Aranguren has been working with Argentina's conservative opposition alliance 
Cambiemos (Let's Change), which includes the leader of the green party, a former member of 
Greenpeace. 

Aranguren has said he is not affiliated with any one political party. But he has also been a staunch 
advocate of ridding the country of oil and gas subsidies, which he said take away state money that could 
be used on education and welfare. 

In advocating for green energy the past few months, Aranguren has said it would benefit Argentineans to 
diversify the country's energy supply and also to mitigate climate change. 

"There are two fundamental concerns that the axis of energy politics should have. Firstly, energy security -- 
not energy sovereignty, but energy which is varied, accessible and available at a reasonable price," he 
said. "Secondly, environmental impact is our responsibility. We're not just listening to the pope or worrying 
about whether the world will come to some kind of compromise before the end of the year in Paris," 
where U.N. climate talks will be held (Marina Aizen, London Guardian , Sept. 22). -- AW 

EPA: 

Agency's $334M in IT investments at risk - IG 

Robin Bravender , E&E reporter 
Published: Tuesday, September 22, 2015 


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U.S. EPA is putting taxpayer cash at risk by failing to properly manage $334 million in information 
technology investments, according to a new watchdog report. 


The analysis , released today by EPA's Office of Inspector General, found that EPA needs to improve its 
process for recording its IT investments and issue a formal policy for analyzing some IT investments that 
aren't considered major. 

The watchdog office found that one significant EPA investment valued at $15 million hadn't been 
recorded in EPA's registry of IT systems until the IG's office identified it. The report also found that EPA 
didn't have a policy to support its analysis of non-major IT investments valued between $250,000 and $5 
million. 

"The EPA management of its $334 million in IT investments is noncompliant with its current policy," the 
report says. "Thus, the EPA is at risk of not managing taxpayer dollars properly." 

The OIG recommended that the agency update its policies to require certain investments to be recorded 
in EPA's systems inventory. The report also urges the agency to require formal evaluations of all non¬ 
major IT investments. 

EPA agreed with the report's recommendations and set out a timeline to update its policies, the report 
says. 

AIR POLLUTION: 

Volkswagen ups number of cars affected by deception to 11M 

Published: Tuesday, September 22, 2015 

Volkswagen officials said this morning that 11 million of its diesel cars sold around the world contained 
defeat devices meant to help them cheat on emissions tests. 

The company said it would allocate about $7.3 billion to repair affected vehicles. 

The admission increases the number of vehicles known to contain the devices. Last week, Volkswagen 
said only that 500,000 vehicles sold in the United States contained defeat devices. 

The company's shares declined by 20 percent today after falling by similar levels yesterday (Jack Ewing, 

New York Times . Sept. 22). 

Some observers said they believe a broader investigation of automakers' use of defeat devices could 
uncover them at other car companies. 

"We need to ask the question, is this happening in other countries and is this happening at other 
manufacturers?" said John German of the International Council on Clean Transportation, which first 
detected the devices in Volkswagen vehicles during research into their operation. "Some part of our 
reaction is not even understanding what has happened exactly." 

The Justice Department, the House Energy and Commerce Committee, and South Korea's environmental 
ministry have all pledged to investigate the matter (Walters/Ruddick/Farrell, London Guardian , Sept. 21). 

Federal records showed that the U.S. government paid as much as $51 million in green car subsidies for 
the affected vehicles in model year 2009, the only year the vehicles were eligible. 


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Buyers of about 39,500 Jetta and Jetta SportWagen vehicles that year were eligible for a $1,300 tax 
credit. 

"The government has been effective to help advance clean technologies, but it is a waste of taxpayer 
dollars when they aren't actually helping to clean the environment," said Luke Tonachel, director of the 
clean vehicles and fuels project at the Natural Resources Defense Council (Jerry Hirsch, Los Angeles 
Times , Sept. 21). - SP 

ELECTRIC VEHICLES: 

Apple revs up car project -- report 

Published: Tuesday, September 22, 2015 

Apple Inc. has set a 2019 "ship date" and tripled the number of engineers working on its secret "Titan" 
project, the supposed code name for an effort to build its own car, according to unidentified sources. 

Apple, which has never officially confirmed it plans to build a car, declined to comment yesterday on 
reports that the company could have an electric car designed by that deadline (Daisuke Wakabayashi, 

Wall Street Journal , Sept. 21). 

Among the clues that Apple is thinking about the auto industry is its hiring of automotive and battery 
design engineers, a confirmed meeting at an automotive testing facility east of San Francisco and an 
Apple attorney sitting down with California Department of Motor Vehicles officials to discuss self-driving 
cars. 

Apple could either be weighing a jump into the race against Google Inc. and Uber to make the first self¬ 
driving vehicle, building its own electric vehicle or developing software to install in other manufacturers' 
vehicles, according to analysts. 

"We believe the auto industry represents a significant opportunity for Apple, but we also expect Apple to 
be deliberate as always in its product development and testing," Piper Jaffray analyst Gene Munster said 
in a Sept. 1 report (Brandon Bailey, AP/Detroit News , Sept. 21). -- DTB 

AIR POLLUTION: 

Regs led to 76% drop in Calif, cancer risk - study 

Published: Tuesday, September 22, 2015 

California air regulations have resulted in a 76 percent decline in cancer risk from toxic air pollution over 
more than two decades, state regulators said. 

The California Air Resources Board took credit for the improvement, arguing that California's strict rules 
limiting air discharges from a variety of sources turned around what was once a trend of worsening 
emissions. 

Scientists calculated the cancer risk decline by measuring airborne levels of seven toxic substances that 
are most responsible for higher cancer risks, like particulate matter in diesel exhaust, benzene, 
perchloroethylene and others. 


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The findings, which were published in the journal Environmental Science & Technology, were "real-world 
proof that the regulations are having the kind of impact that we had hoped for," said Alvaro Alvarado, a 
toxicologist at the Air Resources Board and one of the study's authors. 


Alvarado said he expects the reductions to continue as California continues to implement new regulations 
(Tony Barboza, Los Angeles Times , Sept. 21). - SP 

CHINA: 

President's visit will hinge on clean tech 

Published: Tuesday, September 22, 2015 

Environmentally friendly technologies will likely take center stage as Chinese President Xi Jinping starts 
his visit to the United States today. 

Today, a group of U.S. governors will meet with six Chinese counterparts to discuss issues including 
improving building energy efficiency, updating electrical grids and making renewable energy more 
commercially viable. The governors will likely meet with Xi later today privately. 

Beijing's Tsinghua University also will sign an agreement with the University of Washington to collaborate 
on clean technology research, and Bill Gates' TerraPower Inc. will make an agreement with China 
National Nuclear Corp. to work on next-generation nuclear technology. 

"These are the largest economies in the world, and we're the biggest emitters of greenhouse gases, so 
improving cooperation and collaboration is really a necessity," said Brian Young, Washington state's 
director of economic development for the clean technology sector. "Second, it's a huge business 
opportunity. Both sides recognize the opportunity for job creation." 

"They see this as a huge business opportunity for the future, especially in solar and wind," said Mikkal 
Herberg, research director for the energy security program at the National Bureau of Asian Research. 
"They want to be a global leader in renewable energy technology. They want to be a leader in nuclear 
energy." 

In November, Xi and President Obama announced an agreement to work together on climate change, 
with China making its first commitment to cap greenhouse emissions by 2030 or sooner (ClimateWire , 
Nov. 12, 2014). The deal represented a high point in relations that have been strained by Chinese 
hacking attacks on the United States and aggressive moves by China in the South China Sea. 

After spending time in Seattle, Xi will travel to Washington, D.C., on Friday for a state dinner with Obama 
(Johnson/Le, AP I San Francisco Chronicle , Sept. 22). -- BTP 


■ ' 


CLIMATEWIRE 

— Wed., September 23, 2015 

V READ FULL EDITION 

1.NEGOTIATIONS: 


As Pope Francis touched down on U.S. soil yesterday, Washington also prepared for key visits between President 


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Big players in climate talks converge in the U.S. as new pledges are 
made 

Obama and the leaders of China and India, all focused heavily on climate change and the negotiation of a new 
international agreement. 

TODAY'S STORIES 

2. BUSINESS: 

Companies still 'struggling' to apply climate change data to describe risk 

3. POLJCY: 

Scientists brace for federal budget cuts to climate research 

4. FINANCE: 

Fossil fuel divestment movement expands rapidly 

5. CARBON CAPTURE: 

Major Texas project to move forward despite loss of stimulus money 

6. RELIGION: 

How long will it take for the pope's message to land in the pews? 

7. POL1TICS: 

Carbon tax experts confront GOP argument about impacts on poor 

8. NATIONS: 

India moves to reduce its stake in world's largest coal company 

9. BUSINESS: 

Palm oil company pledge to halt deforestation boosts calls for government reform 

10, TECHNOLOGY: 

U.N. tool aims to slash carbon footprints with offsets 

11 . FOSSIL FUELS: 

Company acquires mines for free in struggling Appalachian coal country 

12. EDUCATION: 

University of Notre Dame pledges to phase out coal, slash emissions 

13. NATIONS: 

China's laggard economy slows coal use, may help global climate 

14. REGIONS: 

Wash, moves to regulate facilities producing majority of state's GHGs 







ENERGYWIRE — Wed.. September 23. 2015 


READ FULL EDITION 


1 .TECHNOLOGY: 


Net metering vs. storage creates clash between some allies 

SAN DIEGO — Tesla Motors Inc. and SolarCity Corp. consider themselves partners. On the issue of energy storage, 
however, they're in an uncomfortable marriage. 


TOP STORIES 


2.ELECTRICITY: 


NRG's stock swamped by red arrows after unveiling GreenCo 


VW FOIA, EPA 


06/20/2017 


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3. LAW: 

Industry, states say BLM's record doesn't support fracking rule 

4. WORKER SAFETY: 

NIOSH sets 10-year plan to prevent oil and gas deaths 

5. GAS EXPORTS: 

As markets shift, 'some will win and some will fail' - analyst 

ELECTRICITY 

6. ELECTRICITY: 

Longwood power plant to expand without prior hubbub 

OIL AND GAS 

7. WORKFORCE: 

In largest sanction vet, Labor's oil and gas investigation results in $18.3M Halliburton 
payout 

8. BUS1NESS: 

Is this the end of oil and gas mega-proiects? 

9. EARTHQUAKES: 

Kan, regulators seek to extend wastewater disposal restrictions 

10. FINANCE: 

Weatherford trying to raise $1B as Halliburton readies sales 

11 . GAS EXPORTS: 

More Cheniere LNG going to France 

12.QIL: 

Report shows S1.5T in projects face delays 


Brought to you by the Office of General Counsel Law Library 


Jennifer Turley, Law Librarian 

ASRC Primus Contractor 

U.S. Environmental Protection Agency 

Office of General Counsel 

202/564-3971 

turley .j ennifer@epa .gov 


VW FOIA, EPA 


06/20/2017 


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VW FOIA, EPA 


06/20/2017 


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To: Bunker, Byron[bunker.byron@epa.gov]; Hengst, Benjamin[Hengst.Benjamin@epa.gov]; Kaul, 

Meetu[Kaul.Meetu@epa.gov] 

From: Sutton, Tia 

Sent: Wed 9/23/2015 3:43:06 PM 

Subject: RE: (VW) VW attorney 


Sounds good-1 will let Julia know. Thanks! 


From: Bunker, Byron 

Sent: Wednesday, September 23, 2015 11:42 AM 
To: Sutton, Tia; Hengst, Benjamin; Kaul, Meetu 
Subject: RE: (VW) VW attorney 



•k-k'k'k'k'k'k'k'k'k'k'k'k'k'k'ki('k'k'k'k'k'k'kifif 

Byron Bunker 

Director Compliance Division 
Office of Transportation and Air Quality 
Environmental Protection Agency 
2000 Traverwood Drive 
Ann Arbor, Ml 48105 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025892 






Bunker.BvronfcD.epa.gov 


Phone: (734)214-4155 
Mobile: (734) 353-9623 


******************************** 


From: Sutton, Tia 

Sent: Wednesday, September 23, 2015 11:30 AM 
To: Hengst, Benjamin; Bunker, Byron; Kaul, Meetu 
Subject: FW: (VW) VW attorney 



From: Valentine, Julia 

Sent: Wednesday, September 23, 2015 11:19 AM 

To: Senn, John; Millett, John; Hengst, Benjamin; Sutton, Tia 

Subject: (VW) VW attorney 


Sent from USEPA iPhone 
Begin forwarded message: 

From: Jody Godoy <iodv.godov@law360.com > 

Date: September 23, 2015 at 11:16:36 AM EDT 

To: valentine.iulia@epa.gov 

Subject: VW attorney 

Hi Julia, 


I'm writing on the VW Clean Air Act violations and I wanted to see if you or one of your 
colleagues could help me understand something. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025893 





I was wondering why Stuart Drake of Kirkland & Ellis was cc'd on the notice of violation to 
Volkswagen on Friday. 


Please email me or give me a call at (646) 350 - 1379 . 


Thanks, 


Jody Godoy 


Reporter 


Legal News & Data 
860 Broadway, 6th Floor 
New York, NY 10003 

( 646 ) 350-1379 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025894 





From: Valentine, Julia 

Sent: Wednesday, September 23, 2015 11:19 AM 

To: Senn, John; Millett, John; Hengst, Benjamin; Sutton, Tia 

Subject: (VW) VW attorney 


Sent from USEPA iPhone 
Begin forwarded message: 

From: Jody Godoy <iodv.godov@,law360.com > 

Date: September 23, 2015 at 11:16:36 AM EDT 

To: valentine.iulia@epa.gov 

C. C • R i U i. Ill 001 u Rl 0H. goX 

Subject: VW attorney 

Hi Julia, 


I'm writing on the VW Clean Air Act violations and I wanted to see if you or one of your 
colleagues could help me understand something. 


I was wondering why Stuart Drake of Kirkland & Ellis was cc'd on the notice of violation to 
Volkswagen on Friday. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025895 






Please email me or give me a call at 



Thanks, 


Jody Godoy 

Reporter 

Legal News & Data 
860 Broadway, 6th Floor 
New York, NY 10003 

( 646 ) 350-1379 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025896 




To: .WASH WI-2 Weber, Michael[wi-2@wash.auswaertiges-amt.de]; WASH VERK-1 Zass, 

Stephan Kiaus[verk-1@wash.auswaertiges-amt.de] 

Cc: Blubaugh, Jim[Blubaugh.Jim@epa.gov]; Keliey, Rosemarie[Kelley.Rosemarie@epa.gov]; 

Beiser, Evan[Belser.Evan@epa.gov]; Senn, John[Senn.John@epa.gov]; Walsh, 
Juliana[Walshju@state.gov]; ZinsmeisterEL@state.gov[ZinsmeisterEL@state.gov] 

From: Phillips, Anna 

Sent: Wed 9/23/2015 3:50:00 PM 

Subject: Re: EPA charges against VW ~ Questions from German Embassy 

Michael, here are the answers to the questions that you sent on Monday. I'm also 
copying Stephan for his information: 


What is the judicial/legal process that will now follow (and how is the interplay between EPA 
and DOJ)? 

EPA will be working closely with the U.S. Department of Justice throughout this investigation, and 
determinations regarding potential penalties and other remedies will be assessed as part of the 
investigation EPA has opened in conjunction with DOJ. As a matter of agency policy, EPA does not 
discuss the details of ongoing investigations. 

Apart from a federal law suit, is there a possibility that Volkswagen will also face further court action 
by individual states (or even class action litigation)? 

Individual states may have a cause of action pursuant to the Clean Air Act or state law. We note that the 
California Air Resources Board, which is centrally involved in this matter, has initiated an enforcement 
investigation of its own. Recent media reports have stated that class action law suits have been filed 
against VW. 

We understand the clean air act is the basis for EPA's action. Could you provide us with an overview of 
similar actions against car makers over the last years which were based on violations of the clean air 
act? 

We are not aware of any past case that is comparable on the facts and in its scope to 
the present case. However, EPA has brought a number of cases under the CAA to 
ensure a level playing field in the automobile manufacturing sector, and most of these 
cases can be viewed on our website at: 

h ttp:// www2. epa.qov/enforcement/clean-air-act-vehicle-and-enQin e-enforcement-case. 

resolutions. 


Anna Phillips 

Program Manager for Europe 

U.S. Environmental Protection Agency (EPA) 

Office of International & Tribal Affairs 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025897 



Washington, D. C. 20460 


Tel: (+1) 202.564.6419 Fax: (+1) 202.565.2427 

e-mail: Phillips, annaf&tepa. gov 

htto://www2. epa. gov/international-cooperation 


From: .WASH WI-2 Weber, Michael <wi-2@wash.auswaertiges-amt.de> 

Sent: Monday, September 21, 2015 1:44 PM 

To: Phillips, Anna 

Subject: EPA charges against VW 


Dear Anna, 


Good seeing you this morning. As briefly discussed, here are our questions regarding the 
Volkswagen law suit: 


1. What is the judicial/legal process that will now follow (and how is the interplay between 
EPA and DoJ)? 


2. Apart from a federal law suit, is there a possibility that Volkswagen will also face further 
court action by individual states (or even class action litigation)? 


3. We understand the clean air act is the basis for EPA’s action. Could you provide us with 
an overview of similar actions against car makers over the last years which were based on 
violations of the clean air act? 


Many thanks for your help in this time sensitive matter. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025898 



Michael 


Michael Weber 
Energy Policy Advisor 

Embassy of the Federal Republic of Germany 

4645 Reservoir Road NW 

Washington, DC 20007 

Tel: +1 (202) 298 4381 

Fax: +1 (202) 298 4391 

E-mail: wi-2@wash.diplo.de 

Our Choices Matter - www.transatlantic-climate-bridqe.org 


www.Germany.info 



INVALID HTML 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025899 




To: Grundler, Christopher[grundler.christopher@epa.gov] 

Cc: Hengst, Benjamin[Hengst.Benjamin@epa.gov]; Cook, Leila[cook.Ieila@epa.gov] 

From: Bunker, Byron 

Sent: Wed 9/23/2015 3:52:10 PM 

Subject: VW CEO Winterkorn has resigned (Reuters) 


http://www.r e uters.com/article/2015/09/23/us-usa-volkswaqen- 
idUSKCN0RL.0il20150923 

First couple of sentences from the story. Full story at link. 

Volkswagen CEO Martin Winterkorn resigned on Wednesday, taking responsibility for 
the German carmaker’s rigging of U.S. emissions tests in the biggest scandal in its 78- 
year history. 

"Volkswagen needs a fresh start - also in terms of personnel. I am clearing the way for 
this fresh start with my resignation," Winterkorn said in a statement. 

He said he was shocked by events of the past few days, above all that misconduct on 
such a massive scale was possible at the company. 


kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb 
rjk rjk rjk ry* rp rp rp rJS rp rp 

Byron Bunker 

Director Compliance Division 
Office of Transportation and Air Quality 
Environmental Protection Agency 
2000 Traverwood Drive 
Ann Arbor, MI 48105 
Bunker.Byron@epa.gov 
Phone: (734)214-4155 
Mobile: (734) 353-9623 

kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb *b ^b kb kb 
m rjS flS rlk rlS rJS rr» rT\ rr» rT"% flS rlS flS rTk rTk rn rik rfk fS rt> rS 


VW FOIA, EPA 


06/20/2017 


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VW FOIA, EPA 


06/20/2017 


2017-FFP 025901 



To: Bunker, Byron[bunker.byron@epa.gov] 

From: Automotive World 

Sent: Wed 9/23/2015 4:03:33 PM 

Subject: Passat launch overshadowed by VW diesel crisis - Automotive World Weekly 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025902 




VW FOIA, EPA 


06/20/2017 


2017-FFP 025903 


To: Wehrly, Linc[wehrly.Iinc@epa.gov] 

From: Automotive World 

Sent: Wed 9/23/2015 4:05:15 PM 

Subject: Passat launch overshadowed by VW diesel crisis - Automotive World Weekly 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025904 




VW FOIA, EPA 


06/20/2017 


2017-FFP 025905 


To: Pidgeon, Bill[pidgeon.bill@epa.gov] 

From: Green Car Reports 

Sent: Wed 9/23/2015 4:05:32 PM 

Subject: Green Car Report Daily Headlines 


Email not displaying correctly? View it in your browser. 



Rate your car and win an iPad ' 
The latest from your friends at GCR: 


Shape-Shifting Mercedes, 


Electrics, Is Diesel 
Dead? Today's Car News 

Sep 23, 2015 03:30 pm | feedback@highgearmedia.com 
(John Voelcker) 




continues to unfold, with more cars to be investigated and 
questions about the future of diesel not only in the U.S. but 
globally. And we've got a shape-shifting concept car and a 
B&B with solar-powered electric-car charging. All this and 
more on Green Car Reports. If you're a small B&B, what 
angle can you... 


comments I read more 




More ways to 
follow us: 




VW Emission Cheating Could 
Kill Diesel Pass enger Cars I n 
U.S ., Even G lobally 

Sep 23, 2015 01:30 pm | feedback@highgearmedia.com 
(John Voelcker) 



diesel-emission cheating scandal, but it's not too early to 
ask about its ultimate ramifications. The 482,000 VW and 
Audi cars being investigated by the EPA are a majority of 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025906 










































all the diesel passenger cars sold in the U.S. since 2008, 
when new and tougher emission limits took effect. If VW 
Group's engineers... 


comments I read more 


''Co T''-' 

< \ 7 7 



SlMSSl 


■ 


Electric Cars Cut Greenhouse 
Gases, Enerav Use: New EPRI- 
NR.DC Study 

Sep 23, 2015 01:00 pm | feedback@highgearmedia.com 
(Stephen Edelstein) 



have a lower carbon footprint than internal-combustion 
vehicles--and their wells-to-wheels carbon emissions only 
shrink as more renewable energy comes online. That's the 
conclusion of a new study on the environmental effects of 
future transportation electrification, jointly conducted by the 
Electric... 


comments I read more 




Mercedes-Benz Concept IAA 
Changes Shape For Better 

E g» m m m 

fficienev 

Sep 23, 2015 12:30 pm | feedback@highgearmedia.com 
(Stephen Edelstein) 



efficiency, aerodynamic aids can be an important tool for 
automotive engineers. As well as streamlining their cars, 
manufacturers are adding an increasing number of 
aerodynamic features, such as active grille shutters and 
underbody trays. But this new plug-in hybrid concept car 
takes things to a new extreme. DON'T... 



Premium EVs? 

Sep 23, 2015 12:00 pm | feedback@highgearmedia.com 


VW FOIA, EPA 


06/20/2017 


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(Bengt Halvorson) 



an all-electric powertrain, California’s Tesla Motors has had 
the market under wraps for many years. But that’s slated to 
change quite soon, as each of the German automakers 
prepare all-electric vehicles. And there are some strong 
hints in the Porsche Mission E concept car from the 
Frankfurt... 


commer 

its i read more 



is® 


ERA Expands VW Diesel 
Probe To Audi, Porsche V-6s; 
All Diesels To Be Tested 

Sep 23, 2015 11:40 am | feedback@highgearmedia.com 
(John Voelcker) 



Volkswagen's diesel-emission cheating scandal, the U.S. 
Environmental Protection Agency is expanding its 
investigation to cover additional diesel engines used in VW 
Group vehicles. The original admission by the company 
that it used a software "defeat device" to circumvent 
emission controls in real-world use... 


comments read me 

ire 

: « iisitifttigi 


Ex. 



Vermont B&B Offers Solar- 
Powered Electric-Car 
Charqsnq 

Sep 23, 2015 11:00 am | feedback@highgearmedia.com 
(Stephen Edelstein) 







In Vermont, a bed & breakfast housed in 
an 1850s home is getting a 21st century makeover. The 
West Hill House B&B and Retreat Center in Warren, 
Vermont, now offers electric-car charging, powered by 
solar panels. The inn's owners recently acquired a 25- 
percent stake in the Same Sun Solar Society solar farm in 
Poultney, Vermont. DON’T MISS... 


comments | read more 


VW FOIA, EPA 


06/20/2017 


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You are receiving this email because you subscribed to it on our website 

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From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 4:09:30 PM 

Subject: Volkswagen scandal opens door to Fiat takeover 

MAIL_CONVERSATION_TOPIC: Volkswagen scandal opens door to Fiat takeover 

Created: Fri 3/18/2016 6:18:12 PM 

<p>Fiat Chrysler Automobiles has vocally sought a merger partner. Volkswagen is suddenly 
reeling. Don't be surprised if Fiat CEO Sergio Marchionne makes a move </p> 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025910 



To: 

Good, David[good.david@epa.gov] 

From: 

Bradford A. Coty 

Sent: 

Wed 9/23/2015 4:12:46 PM 

Subject: 

VW Fuel Economy 

David: 



I have a 2013 VW Passat which has never gotten close to the MPG stated on the 
Sticker. Among other things, I complained right away to VW who inspected the car and 
said it due to my low avg speed in Los Angeles. Since then I’ve moved to AZ where 
roads are “normal” and my mileage has never improved. Now that I see VW installed 
software code to circumvent emissions standards, is it possible whomever tests new 
cars for MPG’s did it incorrectly or in violation of standards? 


Thank you. 


Respectfully, 


Bradford A Coty 



VW FOIA, EPA 


06/20/2017 


2017-FFP 025911 



To: Phillips, Anna[Phillips.Anna@epa.gov] 

From: .WASH WI-2 Weber, Michael 

Sent: Wed 9/23/2015 4:14:31 PM 

Subject: AW: EPA charges against VW ~ Questions from German Embassy 


Many thanks. 


Best, 


Michael 


Von: Phillips, Anna [mailto:Phillips.Anna@epa.gov] 

Gesendet: Mittwoch, 23. September 2015 11:50 

An: .WASH WI-2 Weber, Michael; .WASH VERK-1 Zass, Stephan Klaus 

Cc: Blubaugh, Jim; Kelley, Rosemarie; Belser, Evan; Senn, John; Walsh, Juliana; 

ZinsmeisterEL@state.gov 

Betreff: Re: EPA charges against VW -- Questions from German Embassy 


Michael, here are the answers to the questions that you sent on Monday. I'm also 
copying Stephan for his information: 


What is the judicial/legal process that will now follow (and how is the interplay between 
EPA and DOJ)? 


EPA will be working closely with the U.S. Department of Justice throughout this investigation, 
and determinations regarding potential penalties and other remedies will be assessed as part of 
the investigation EPA has opened in conjunction with DOJ. As a matter of agency policy, EPA 
does not discuss the details of ongoing investigations. 


Apart from a federal law suit, is there a possibility that Volkswagen will also face 
further court action by individual states (or even class action litigation)? 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025912 



Individual states may have a cause of action pursuant to the Clean Air Act or state law. We note 
that the California Air Resources Board, which is centrally involved in this matter, has initiated 
an enforcement investigation of its own. Recent media reports have stated that class action law 
suits have been filed against VW. 


We understand the clean air act is the basis for EPA’s action. Could you provide us with 
an overview of similar actions against car makers over the last years which were based 
on violations of the clean air act? 


We are not aware of any past case that is comparable on the facts and in its scope to 
the present case. However, EPA has brought a number of cases under the CAA to 
ensure a level playing field in the automobile manufacturing sector, and most of these 
cases can be viewed on our website at: 


http://www2.epa.gov/enforcement/clean-air-act-vehicle-and-enqine-enforcement-case- 

resolutions. 


Anna Phillips 

Program Manager for Europe 

U.S. Environmental Protection Agency (EPA) 

Office of International & Tribal Affairs 

Washington, D. C. 20460 

Tel: (+1) 202.564.6419 Fax: (+1) 202.565.2427 

e-mail: Phillips. anna@ e pa. gov 

htto://www2. epa.gov/international-cooperation 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025913 


From: .WASH WI-2 Weber, Michael < wi-2@wash.auswaertiges-amt.de > 

Sent: Monday, September 21,2015 1:44 PM 

To: Phillips, Anna 

Subject: EPA charges against VW 


Dear Anna, 


Good seeing you this morning. As briefly discussed, here are our questions regarding the 
Volkswagen law suit: 


1. What is the judicial/legal process that will now follow (and how is the interplay between EPA 
and DoJ)? 


2. Apart from a federal law suit, is there a possibility that Volkswagen will also face further 
court action by individual states (or even class action litigation)? 


3. We understand the clean air act is the basis for EPA’s action. Could you provide us with an 
overview of similar actions against car makers over the last years which were based on 
violations of the clean air act? 


Many thanks for your help in this time sensitive matter. 


Michael 


Michael Weber 
Energy Policy Advisor 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025914 



Embassy of the Federal Republic of Germany 


4645 Reservoir Road NW 
Washington, DC 20007 
Tel: +1 (202) 298 4381 
Fax: +1 (202) 298 4391 
E-mail: wi-2@wash.diplo.de 

Our Choices Matter - www.transatlantic-climate-bridqe.org 

www. Germ an v. info 

. . 



INVAI.ID HTML 


VW FOIA, EPA 


06/20/2017 


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Notices of Violations 


Volkswagen 

EPA issued a notice of violation (NOV) of the Clean Air Act (CAA) to Volkswagen AG, Audi AG, and 
Volkswagen Group of America, Inc, on September 1 8, 201 5. The NOV alleges that four-cylinder 
Volkswagen and Audi diesel cars from model years 2009-201 5 include software that circumvents 
EPA emissions standards for certain air pollutants. The software produced by Volkswagen is a 
“defeat device,” as defined by the Clean Air Act, California is separately issuing an In-Use 
Compliance letter to Volkswagen, and EPA and the California Air Resources Board have both initiated 
investigations based on Volkswagen’s alleged actions. 

Affected diesel models include: 

® Jetta (MY 2009 - 201 5) 

® Jetta Sportwagen (MY 2009-201 4) 

« Beetle (MY 2012 - 201 5) 

« Beetle Convertible (MY 201 2-201 5) 

® Audi AS (MY 2010 - 201 5) 

® Golf (MY 2010 - 201 5) 

• Golf Sportwagen (MY 201 5) 

® Passat (MY 201 2-201 5) 



Information for Owners of the Affected Vehicles 

$ 

® 

9 

1 


What vehi cles are affected? 

What should I expect if 1 own an affected Volkswagen or Audi die 
Can I continue to drive my vehicle? 

Will EPA take or confiscate my .vehicle? 

Can EPA require Volkswagen to recall these vehicles? 

Is EPA officially requiring Volkswag en.to. issue a .recall.now? 

Will I be required to have rnv .ve hicle .re paired once it is recalled? 

I live in an area that requires periodic emissions tests. What: hapc 
How much will this cost: to fix.? 


esel vehicle? 


»ens if mv car fails? 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025916 




• Can 1 tu rn off the defeat device? 

• What pollutants are being emitted? 

• How much more pollution is being emitted than shoul d be? 

® Is this contributing to bad air qualit y in my city/area? 

® Where can 1 get more information? 

What happened? 

In September 201 5, EPA issued a Notice of Violation of the Clean Air Act to Volkswagen for 
producing and selling four-cylinder diesel cars that include a sophisticated software 
device that circumvents EPA emissions standards for certain air pollutants. EPA and the 
California Air Resources Board (CARB) have collaborated on testing these cars and have 
determined that vehicles on the road emit up to 40 times more pollution than emission 
standards allow. 

What vehicles are affected? 


® Jetta (MY 2009 - 201 5) 

# Jetta Sportwagen (MY 2009-201 4) 

# Beetle (MY 2012 - 201 5) 

# Beetle Convertible (MY 201 2-201 5) 

® Audi AB (MY 2010 - 201 5) 

® Golf (MY 2010 - 201 5) 

® Golf Sportwagen (MY 201 5) 

® Passat (MY 2012-201 5) 


top of page 


What should I expect if I own an affected Volkswagen diesel vehicle? 


As the owner of an affected Volkswagen diesel vehicle, it is likely that you will receive a 
recall notice in the future. This notice will come from Volkswagen. It will provide you with 
information about the recall and with instructions about how to get your car repaired at no 
cost to you. 


Can I continue to drive my vehicle? 


Yes. These cars are safe and legal to drive. Owners do not need to take any action at this 
time. 


Will EPA take or confiscate my vehicle? 

Absolutely not. EPA will not confiscate your vehicle or require you to stop driving. You wi 
not be charged for any repairs made under any recall. 


2 


VW FOIA, EPA 


06/20/2017 


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top of page 


Can ERA require Volkswagen to recall these vehicles? 

Yes. ERA has the authority under section 207 of the Clean Air Act to require a 
manufacturer to issue a recall when ERA determines that a substantial number of vehicles 
do not conform to ERA regulations. 

Is ERA officially requiring Volkswagen to issue a recall now? 

No. ERA expects to compel VW to issue a recall in the future to reduce the emissions 
impacts of these vehicles. Owners will be notified of that recall once Volkswagen and Audi 
have developed a remedial plan and EPA has approved the plan. Manufacturers are given a 
reasonable amount of time to develop a plan to complete the repairs, including both the 
repair procedure and manufacture of any needed parts. Depending on the complexity of 
the repair and the lead time needed to obtain the necessary components, it could take up 
to one year to identify corrective actions, develop a recall plan, and issue recall notices. 

Will I be required to have my vehicle repaired once it is recalled? 

That depends. Some states require proof that emissions recalls have been performed prior 
to issuing the vehicle registration. Even in states that do not have this requirement, it is 
important to have emissions recalls performed because without the repairs, your vehicle 
may be emitting harmful pollutants in excess of the federal emission standards. You are 
not responsible for repair costs related to an emissions recall. 

I live in an area that requires periodic emissions tests. What happens if my car fails? 

It is unlikely that the presence of this device will cause your vehicle to fail. In fact, the 
defeat device was specifically designed to ensure that vehicles would pass inspection. The 
defeat device has been installed in the affected VW diesels since 2009. To date, EPA has 
no indication of any pattern failures with these vehicles during inspection and 
maintenance emission tests. 

top of page 

How much will this cost to fix? 

Volkswagen will be required to implement corrective action at no cost to the owner. 

Can I turn off the defeat device? 

No. The device is embedded in the software code that runs the engine control computer. 


3 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025918 



What pollutants are being emitted? 


Vehicles emit an array of pollutants. EPA standards control the allowable emission levels of 
nitrogen oxides (NOx), hydrocarbons, carbon monoxide, carbon dioxide, particulate 
matter, and certain toxic chemicals. The VW defeat device affects the way the NOx control 
system operates, resulting in higher NOx emission levels from these vehicles than from 
vehicles with properly operating emission controls. 

How much more pollution is being emitted than should be? 

NOx emission levels are 10-40 times higher than emission standards. 

Is this contributing to bad air quality in my city/area? 

All vehicles emit some pollution that, along with emissions from other sources, affects 
local air quality. Vehicles with high emission levels have a disproportionate impact. EPA 
emission standards are designed to protect local air quality and maintain clean and 
healthy air. The VW diesels with the defeat device do not comply with EPA emission 
standards. 


Where can 1 get more information? 


For more information please send an email to conipliance info@epa.qov or visit 
the California Air Resources Board ^ he it -a lixir Sisciaim«r> 


4 


VW FOIA, EPA 


06/20/2017 


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From: Bunker, Byron 

Location: conference call 

Importance: Normal 

Subject: FW: call with Byron Bunker on VW issues 

Start Date/Time: Wed 9/23/2015 8:30:00 PM 

End Date/Time: Wed 9/23/2015 9:30:00 PM 


-Original Appointment- 

From |_Ex. 7 _i@arb.ca.gov] 

Sent: Tuesday, September 22, 2015 5:34 PM 

T 0: j Ex .Y j@ARBj_ Ex._7 _i@ARB;[ Ex''7 ]@ARB;I Ex. 7 ] 

Ex . 7 |@ARB: I_ |x- 7 _l@ARB; Bunker, Byron; Wehrly, Line 

Cc: f- ' Ml - 1@ARB;i -IT ? - |@ARB 

Subject: call with Byron Bunker on VW issues 

When: Wednesday, September 23, 2015 1:30 PM-2:30 PM (UTC-08:00) Pacific Time (US & 
Canada). 

Where: conference call 


Non-Responsive 


To discuss: 

1 ) 

2 ) 

3 ) 

4 ) 



Non-Responsive 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025920 































From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 4:38:41 PM 

Subject: Volkswagen's test rigging follows a long auto industry pattern 

MAIL_CONVERSATION_TOPIC: Volkswagen's test rigging follows a long auto industry pattern 

Created: Fri 3/18/2016 6:18:13 PM 

Ever since governments began regulating cars, automakers have been finding ways to cheat to 
improve data on emissions, gas mileage and safety. 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025921 



From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 4:38:47 PM 

Subject: VW may not be the only automaker cheating on emissions 

MAIL_CONVERSATION_TOPIC: VW may not be the only automaker cheating on emissions 

Created: Fri 3/18/2016 6:18:12 PM 

The revelation that Volkswagen has equipped many of its diesel-engine cars with software that 
evades U.S. clean air standards and testing has rocked the auto industry. 

View article... 


VW FOIA, EPA 


06/20/2017 


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VW FOIA, EPA 


06/20/2017 


2017-FFP 025923 





Julia P. Valentine 
Office of Public Affairs 
US EPA Headquarters 
202.564.2663 desk 
202.740.1336 m/txt 


From: Frean, Alex < alex.frean@thetimes.co.uk > 

Sent: Wednesday, September 23, 2015 10:55 AM 
To: Valentine, Julia 

Subject: VW - quick question from The Times of London 


Heno Julia, 


I'm a US-based reporter with The Times of London. Good morning. I've a few 
questions on the VW emissions affair that I hope are simple and quick. 


know you must be inundated right now, but I'm hoping you might be able to 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025924 




respond right away as I am on a tight London deadline. I'm terribly sorry for the 
rush. 


- Is the ERA questioning other other manufacturers' of diesel vehicles on the use of 
defeat devices? Are you planning tests to discover whether others are using defeat 
devices? 


- Is the ERA discussing with VW a recall for the affected vehicles? 


- Can you give me any guidance on any likely timing for a recall? 


- Are there any other developments today you can tell me about? 


- Finally, The Wall Street Journal is reporting today that even after VW admitted on 
September 3 that it was using defeat devices in some cars that it "pleaded for 
certification of its 2016 models, claiming it had swelling inventories that it needed to 
get to showrooms." Do you know if this is true. Is there any guidance you can give 
me on this, either off or on the record? 


Thank you very much indeed. 


Best regards, 


Alexandra 


Alexandra Prean 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025925 



US Business Editor 


The Times of London 

mobile: 202 308 9733 
office: 212 416 2642 
alex.frean@thetimes.co.uk 


"Please consider the environment before printing this e-mail" 


Newsworks - bringing advertisers and newsbrands together 
www.newsworks.ora.uk 

yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy,yyyy,yyy„„y,y,yyyyyyy,t^fjinm>»m>y>mm 


This e-mail and any attachments are confidential, may be 
legally privileged and are the property of News Corp UK & Ireland 
Limited on whose systems they were generated. News Corp UK 
& Ireland Limited is the holding company for the News UK group, 
is registered in England & Wales under number 81701, has its 
registered office at 1 London Bridge Street, London, SE1 9GF and 
is registered with VAT number GB 243 8054 69. If you have received 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025926 



this e-mail in error, please notify the sender immediately and do not 


use, distribute, store or copy it in any way. Statements or opinions in 

this e-mail or any attachment are those of the author and are not 
necessarily agreed or authorised by News Corp UK & Ireland Limited 

or any member of its group. News Corp UK & Ireland Limited may 

monitor outgoing or incoming emails as permitted by law. It accepts 

no liability for viruses introduced by this e-mail or attachments. 

News Corp UK & Ireland Limited and its titles are committed to abiding by 
IPSO's regulations and the Editors' Code of Practice that IPSO enforces. 


vw FOIA, EPA 


06/20/2017 


2017-FFP 025927 



To: Grundler, Christopher[grundler.christopher@epa.gov] 

Cc: Birgfeld, Erin[Birgfeld.Erin@epa.gov] 

From: j Ex. 4 - cbi j 

Sent: Wed 9/23/2015 5:02:26 PM 

Subject: Volkswagen CEO Martin Winterkorn Resigns Over Emissions Scandal 

volkswaqen-ceo-winterkorn-resiqns-1 .pdf 



NOTICE: This material may be protected by copyright law (Title 17 U.S. Code.) 


[Photocopying, further distribution or republication may be prohibited by law. 


Ex. 4-CBI 


(Contractor) 


U.S. Environmental Protection Agency 

National Vehicle and Fuel Emissions Laboratory Library 


2000 Traverwood Drive 


Ann Arbor, Ml 48105 



VW FOIA, EPA 


06/20/2017 


2017-FFP 025928 









VW FOIA, EPA 


06/20/2017 


2017-FFP 025929 






To: Grundler, Christopher[grundler.christopher@epa.gov] 

Cc: Birgfeld, Erin[Birgfeld.Erin@epa.gov] 

From: [ Ex.'4-CBi 1 

Sent: Wed 9'/23/2015 5:08:55 PM 

Subject: Ward's Auto - Volkswagen Scandal Puts Regulators on High Alert 

volkswaaen-scandal-puts-req.pdf 


NOTICE: This material may be protected by copyright law (Title 17 U.S. Code.) 


[Photocopying, further distribution or republication may be prohibited by law. 


Ex. 4 - CBI j(Contractor) 

L_j 

U.S. Environmental Protection Agency 
National Vehicle and Fuel Emissions Laboratory Library 
2000 Traverwood Drive 
Ann Arbor, Ml 48105 


Ex. 4 - CBI 

http://www.epa.gov/otaq 


VW FOIA, EPA 


06/20/2017 


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VW FOIA, EPA 


06/20/2017 


2017-FFP 025931 





To: Kaul, Meetu[Kaul.Meetu@epa.gov] 

From: E&E Publishing 

Sent: Wed 9/23/2015 5:27:01 PM 

Subject: September 23 ~ Greenwire is ready 


Read today's Greenwire on the web 



GREENWIRE — Wed.. September 23. 2015 


READ FULL EDITION 


1 .CLIMATE: 

Pope praises Obama emissions rule, urges strong U.S. action 

Pope Francis endorsed U.S. ERA’S Clean Power Plan today in a White House Rose Garden appearance with 
President Obama. "Mr. President, I find it encouraging that you are proposing an initiative for reducing air pollution," 
the leader of the Roman Catholic Church said. He then urged "all men and women of good will in this great nation" to 
consider the impact of global warming for future generations of Americans and "millions of people living under a 
system that has overlooked them." 

TOP STORIES 

2.ENDANGERED SPECIES: 

FWS chief touts Unanimous* agency support for grouse decision 

3,KEYSTONE XL: 

Clinton catapults pipeline debate back into presidential race 

4.AIR POLLUTION: 

Volkswagen chief steps down over emissions scandal 

POLITICS 

5.ENPANGERED SPECIES: 

Critics of sage grouse plans vow legislative assault 

6 CLIMATE” 

Polar bear groupie tails pope, scores wave 

7.CL1MATE: 

Obama talks ’balance' on warming in Rolling Stone interview 

8.CAMPAIGN 2015: 

Another Kv. ad takes whack at Democrat's Obama coal ties 

Q PFOPI F* 

♦i** « * Sswaw r. :L’i* « 

Trump, Moniz talk climate change and labs on Colbert show 

CONGRESS 

10.CAMPAIGN 2016: 

Senate Perns see energy bill as catnip for voters 

A A \A/P A TI4 C Q * 

I i k WW i ill HwL » 

House Science blasts NOAA's commercial space policy 

12.AIR POLLUTION: 

Sponsor of rule-curbing bill targets EPA ozone plan 

1o,VchiCLES: 

Sen. Nelson urges FTC to act on VW emissions scandal 

14.RAIL: 

Perns blast lawmaker for taking credit for Amtrak contract 

NATURAL RESOURCES 

15.ENDANGERED SPECIES: 

Interior proposes banning new mining on 10M sage grouse acres 

16.FISHERIES: 

Feds ban eel catches in Del. 

17.PEOPLE: 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025932 





Biologist picked to lead invasive species council 

18. MAR1NE MAMMALS: 

El Nino drives humpbacks into Columbia River 

19. WILDL1FE: 

Ivory takes 1 week to burn -- FWS 

20. OIL AND GAS: 

Judge weighs enviro intervention in N.J.-Exxon settlement 

21 . COA L» 

Judge lets song lyrics stay in Peabody lawsuit 

22. SOLID WASTE: 

Judge tosses New York City ban on polystyrene containers 

23. COAL: 

Mine numbers drop to record lows - EIA 

24. COAL: 

Groups accuse Ore.-based utility of manipulating cost data 

25. NATURAL GAS: 

FERC accuses Total of manipulating markets 

26. NUCLEAR WASTE: 

Contamination plagues former lab near L.A. 

27. CLIMATE: 

Major companies commit to renewables 

28. COAL: 

Blackhawk snaps up Patriot mines at auction 

FEDERAL AGENCIES 

29. FEDERAL WORKFORCE: 

PPM finds more employees' fingerprints stolen in data breach 

30. DOE: 

Audit finds 'limited' White House role in FOIA process 

31. EFA: 

Agency updates shutdown plan 

32. AGRICULTURE: 

Vilsack hires new chief of staff 

TRANSPORTATION 

33. AIR POLLUTION: 

Volkswagen isn't first car company caught fudging on emissions 

AIR AND WATER 

34. DRINKING WATER: 

L.A. mulls toilet to tap* plant 

35. WATER POLLUTION: 

Chicago River brims with fecal bacteria - data 

PUBLIC HEALTH 

36. PESTICIDES: 

Childhood cancer risk rises with exposure to insecticides - study 

37. AIR POLLUTION: 

Smog could contribute to high suicide rate in Ky. city 

WASTES & HAZARDOUS SUBSTANCES 

38. SOLID WASTE: 

Americans double trash production 

39. PEST1CIDES: 

Resistant weeds' tenacity concerns scientist, lawmakers 

40.SOLID WASTE: 


LAW 


ENERGY 


BUSINESS 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025933 



Trash piles up blocks from Pope's Mass in D.C. 


Get all of the stories in today's Greenwire, plus an in-depth archive with thousands of articles on your issues, detailed 
Special Reports and much more at http://www.greenwire.com . 

Forgot your passcodes? Cali us at 202-628-6500 now and we'll set you up instantly. 

To send a press release, fax 202-737-5299 or email editoriai@eenews.net . 

ABOUT GREENWIRE - The leader in energy & environmental policy news 

Greenwire is written and produced by the staff of E&E Publishing, LLC. The one-stop source for those who need to 
stay on top of all of today's major energy and environmental action with an average of more than 20 stories a day, 
Greenwire covers the complete spectrum, from electricity industry restructuring to Clean Air Act litigation to public 
lands management. Greenwire publishes daily at 1 p.m. 

Unsubscribe | Our Privacy Policy 
E&E Publishing, LLC 

122 C St. NW, Ste. 722, Wash., D.C. 20001 
Phone: 202-628-6500 Fax: 202-737-5299 
www.eenews.net 

All content is copyrighted and may not be reproduced or retransmitted without the express consent of E&E Publishing, LLC. Prefer plain text? 

Click here. 


vw FOIA, EPA 


06/20/2017 


2017-FFP 025934 



To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: E&E Publishing 

Sent: Wed 9/23/2015 5:27:53 PM 

Subject: September 23 ~ Greenwire is ready 


Read today's Greenwire on the web 



GREENWIRE 



- Wed., September 23,2015 

READ FULL EDITION 


1 .CLIMATE: 

Pope praises Obama emissions rule, urges strong U.S. action 

Pope Francis endorsed U.S. ERA’S Clean Power Plan today in a White House Rose Garden appearance with 
President Obama. "Mr. President, I find it encouraging that you are proposing an initiative for reducing air pollution," 
the leader of the Roman Catholic Church said. He then urged "all men and women of good will in this great nation" to 
consider the impact of global warming for future generations of Americans and "millions of people living under a 
system that has overlooked them." 

TOP STORIES 

2.ENDANGERED SPECIES: 

FWS chief touts Unanimous* agency support for grouse decision 

3,KEYSTONE XL: 

Clinton catapults pipeline debate back into presidential race 

4.AIR POLLUTION: 

Volkswagen chief steps down over emissions scandal 

POLITICS 

5.ENPANGERED SPECIES: 

Critics of sage grouse plans vow legislative assault 

6 CLIMATE” 

Polar bear groupie tails pope, scores wave 

7.CL1MATE: 

Obama talks ’balance' on warming in Rolling Stone interview 

8.CAMPAIGN 2015: 

Another Kv. ad takes whack at Democrat's Obama coal ties 

Q PFOPI F* 

Trump, Moniz talk climate change and labs on Colbert show 

CONGRESS 

10.CAMPAIGN 2016: 

Senate Perns see energy bill as catnip for voters 

A A \A/P A TI4 C Q * 

I i k WW i ill HwL » 

House Science blasts NOAA's commercial space policy 

12.AIR POLLUTION: 

Sponsor of rule-curbing bill targets EPA ozone plan 

1o,VchiCLES: 

Sen. Nelson urges FTC to act on VW emissions scandal 

14.RAIL: 

Perns blast lawmaker for taking credit for Amtrak contract 

NATURAL RESOURCES 

15.ENDANGERED SPECIES: 

Interior proposes banning new mining on 10M sage grouse acres 

16.FISHERIES: 

Feds ban eel catches in Del. 

17.PEOPLE: 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025935 




Biologist picked to lead invasive species council 

18. MAR1NE MAMMALS: 

El Nino drives humpbacks into Columbia River 

19. WILDL1FE: 

Ivory takes 1 week to burn -- FWS 

20. OIL AND GAS: 

Judge weighs enviro intervention in N.J.-Exxon settlement 

21 . COA L» 

Judge lets song lyrics stay in Peabody lawsuit 

22. SOLID WASTE: 

Judge tosses New York City ban on polystyrene containers 

23. COAL: 

Mine numbers drop to record lows - EIA 

24. COAL: 

Groups accuse Ore.-based utility of manipulating cost data 

25. NATURAL GAS: 

FERC accuses Total of manipulating markets 

26. NUCLEAR WASTE: 

Contamination plagues former lab near L.A. 

27. CLIMATE: 

Major companies commit to renewables 

28. COAL: 

Blackhawk snaps up Patriot mines at auction 

FEDERAL AGENCIES 

29. FEDERAL WORKFORCE: 

PPM finds more employees' fingerprints stolen in data breach 

30. DOE: 

Audit finds 'limited' White House role in FOIA process 

31. EFA: 

Agency updates shutdown plan 

32. AGRICULTURE: 

Vilsack hires new chief of staff 

TRANSPORTATION 

33. AIR POLLUTION: 

Volkswagen isn't first car company caught fudging on emissions 

AIR AND WATER 

34. DRINKING WATER: 

L.A. mulls toilet to tap* plant 

35. WATER POLLUTION: 

Chicago River brims with fecal bacteria - data 

PUBLIC HEALTH 

36. PESTICIDES: 

Childhood cancer risk rises with exposure to insecticides - study 

37. AIR POLLUTION: 

Smog could contribute to high suicide rate in Ky. city 

WASTES & HAZARDOUS SUBSTANCES 

38. SOLID WASTE: 

Americans double trash production 

39. PEST1CIDES: 

Resistant weeds' tenacity concerns scientist, lawmakers 

40.SOLID WASTE: 


LAW 


ENERGY 


BUSINESS 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025936 



Trash piles up blocks from Pope's Mass in D.C. 


Get all of the stories in today's Greenwire, plus an in-depth archive with thousands of articles on your issues, detailed 
Special Reports and much more at http://www.greenwire.com . 

Forgot your passcodes? Cali us at 202-628-6500 now and we'll set you up instantly. 

To send a press release, fax 202-737-5299 or email editoriai@eenews.net . 

ABOUT GREENWIRE - The leader in energy & environmental policy news 

Greenwire is written and produced by the staff of E&E Publishing, LLC. The one-stop source for those who need to 
stay on top of all of today's major energy and environmental action with an average of more than 20 stories a day, 
Greenwire covers the complete spectrum, from electricity industry restructuring to Clean Air Act litigation to public 
lands management. Greenwire publishes daily at 1 p.m. 

Unsubscribe | Our Privacy Policy 
E&E Publishing, LLC 

122 C St. NW, Ste. 722, Wash., D.C. 20001 
Phone: 202-628-6500 Fax: 202-737-5299 
www.eenews.net 

All content is copyrighted and may not be reproduced or retransmitted without the express consent of E&E Publishing, LLC. Prefer plain text? 

Click here. 


vw FOIA, EPA 


06/20/2017 


2017-FFP 025937 



To: Dalton, Joel[Dalton.Joel@epa.gov] 

From: emailthis@ms3.lga2.nytimes.com 

Sent: Wed 9/23/2015 5:41:03 PM 

Subject: NYTimes.com: Volkswagen Test Rigging Follows a Long Auto Industry Pattern 

An interesting historical overview of automakers and heavy-duty industry being 
I^PH(|^|^iji||^^^tests or NHTSA. Lucie . 


Sent by audettebauman@hotmail.com: j 

Volkswagen Test Rigging Follows a Long Auto 

. M i m mmmmmmmmm . 

Industry Pattern 


By DANNY HAKIM and HIROKO TABUCHI 


Ever since governments began regulating cars, automakers have been finding ways to cheat 
to improve data on emissions, gas mileage and safety. 


Or, copy and paste this URL into your browser 



To get unlimited access to all New York Times articles, subscribe today. See Subscription Options. 


To ensure delivery to your inbox, please add 



to your address book. 


Advertisement 





corn 



VW FOIA, EPA 


06/20/2017 


2017-FFP 025938 












To: Phillips, Anna[Phillips.Anna@epa.gov] 

From: .WASH WI-2 Weber, Michael 

Sent: Wed 9/23/2015 5:43:28 PM 

Subject: AW: Meeting request Christian Hey German Advisory Council on the Environment 

removed.txt 

EPAClearance Hev OHSVersion ,xls 


Dear Anna, 


Many thanks, that works well for us. 

Please find attached the spreadsheet containing the required clearance information. 

I’ll be out of office Thursday and Friday but back at my desk Monday in case any questions 
come up. 

See you next week, 

Michael 


Michael Weber 
Energy Policy Advisor 

Embassy of the Federal Republic of Germany 

4645 Reservoir Road NW 

Washington, DC 20007 

Tel: +1 (202) 298 4381 

Fax: +1 (202) 298 4391 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025939 



E-mail: wi-2@wash.diplo.de 


Our Choices Matter - www.transatlantic-climate-bridg e.org 


www.Germanv.info 



Von: Phillips, Anna [mailto:Phillips.Anna@epa.gov] 

Gesendet: Dienstag, 22. September 2015 16:40 
An: .WASH WI-2 Weber, Michael 

Betreff: Re: Meeting request Christian Hey German Advisory Council on the Environment 


Michael, we can offer a meeting at EPA for Mr. Hey on Wednesday, September 30th 
from 9:00 - 11:00 a.m. on the topics requested below. 


The meeting will take place on the third floor of the Reagan Building. We also will need 
the standard spreadsheet containing the required clearance information for all German 
visitors (including Embassy staff) who will attend the meeting. 


Please let me know if you have questions. 


Thanks and regards, 
Anna 


vw FOIA, EPA 


06/20/2017 


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Anna Phillips 


Program Manager for Europe 

U.S. Environmental Protection Agency (EPA) 

Office of International & Tribal Affairs 

Washington, D. C. 20460 

Tel: (+1) 202.564.6419 Fax: (+1) 202.565.2427 

e-mail: phi Hips, annafcbeoa, gov 

htto://www2. eoa. gov/international-cooperation 


From: .WASH WI-2 Weber, Michael < wi-2@wash.auswaertiges-amt.de > 

Sent: Tuesday, September 22, 2015 11:02 AM 
To: Phillips, Anna 

Subject: Meeting request Christian Hey German Advisory Council on the Environment 


Dear Anna, 


Thanks again for the help re Volkswagen. I am now writing to you on a more positive matter. 

Christian Hey, general secretary of the German Advisory Council on the Environment (SRU) 
(http://www.umweltrat.de/EN/TheGermanAdvisorvCouncilOnTheEnvironment/theQermanadvisorvcouncilonthee 

, an expert advisory body of the German Environment Agency (UBA) and the Federal Ministry of 
the Environment, will be in town next week (Sept 30). The SRU consists of government 
employees (Christian Hey is employed by the UBA) and appointed university professors who 
describe and assess environmental conditions, problems, and political trends and point out 
solutions and preventive measures. The SRU also submits an Environmental Report to the 
German federal government every four years. The report describes and assesses environmental 
policy developments and provides in-depth analyses of selected topics. Christian Hey is very 
interested in some comments your colleague William Jordan, deputy director in the office of 
pesticide programs, made recently on TTIP (see press article below). Do you think he would be 
available for a meeting? I am also wondering if Scot Hagerthey or one of his staff that 
worked on the ROE is interested to talk to Christian Hey about some of the 
environmental challenges they regard most pressing or they think are not so much on 
the public radar but warrant attention. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025941 


I’ve worked with Christian for a few years in one of my previous jobs in Berlin and can 
say that he is extremely knowledgeable on a wide range of topics. 


Many thanks, 
Michael 


Michael Weber 
Energy Policy Advisor 

Embassy of the Federal Republic of Germany 

4645 Reservoir Road NW 

Washington, DC 20007 

Tel: +1 (202) 298 4381 

Fax: +1 (202) 298 4391 

E-mail: wi-2@wash.diplo.de 

Our Choices Matter - www.transatlantic-climate-bridqe.org 


www.Germany .info 



VW FOIA, EPA 


06/20/2017 


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Inside U.S. Trade - 06/27/2014 


EPA, Consumer Safety Regulator Express Skepticism About TTIP 
Benefits 


Posted: June 26, 2014 

Representatives of two U.S. regulatory agencies on June 24 expressed varying degrees of skepticism toward the 
idea of expanded regulatory cooperation with the European Union under a U.S.-EU trade deal, and raised fears that 
an agreement could siow down their rule making. 

Robert Adler, acting chair of the U.S. Consumer Product Safety Commission (CPSC), said he worries including 
regulatory cooperation obligations in the Transatlantic Trade and Investment Partnership (TTIP) could make his 
agency even more hamstrung than it already is when it comes to issuing regulations. 

Adler directly rebuffed the idea - proposed by the European Commission - that the trade deal should establish a new 
"Regulatory Cooperation Council” that would allow greater input from EU regulators and stakeholders in the U.S. 
regulatory process, and vice-versa. 

Imposing such a procedure "could extend an incredibly cumbersome process that we face when we write 
regulations," Adler said. He explained that in 1981, Congress amended the CPSC's statute to reguire extensive cost- 
benefit analyses before publishing a rule. The conseguence is that the agency has been able to issue only nine safety 
standards in the intervening 33 years, he said. 

"The idea that we would then have to take a rule that we have spent so much time writing and go to an additional 
approval means that you're going to have many, many, many years of waiting for safety regulation. And I think that 
we all know that safety delayed is safety denied in too many respects," he said at an event in Washington hosted by 
the Transatlantic Consumer Dialogue (TACD). 

Adler said some of his office's expert-level officials have been directly involved in the TTIP negotiations, and have 
helped to explain - for example — U.S. rules on flame-retardant treatments for textiles. He said the EU seemed 
satisfied enough with the explanation so as not to regard these rules as a trade barrier to be tackled through TTIP. 

But he expressed fear that other CPSC regulations may come into the crosshairs of negotiators. 

Separately, William Jordan, deputy director in the office of pesticide programs at the Environmental Protection 
Agency (EPA), signaled skepticism toward TTIP regulatory cooperation efforts by saving it remains to be seen 
whether they will be "productive or a big waste of time." 

Speaking on a different panel at the same TACD event, Jordan also acknowledged evaluating the potential impact of 
a rule on trans-Atlantic trade would add to a pile of more than a dozen assessments the EPA must conduct for other 
areas in publishing a rule, potentially slowing it down further. 

"The fact that there may be trade impacts from a regulatory decision doesn’t necessarily mean that it changes the 
regulatory decision, but it might mean that you look for different ways of achieving or implementing a goal," Jordan 
said. 


"The downside that I see is adding yet one more kind of analysis to develop when taking a regulatory action ... There 
are usually about 17 sections that go at the end of every rule making the EPA does. To go to another one adds just a 
little bit more work and has the potential to slow things down. I think the serious Question is: Is it worth it?" 


VW FOIA, EPA 


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At the same time, Jordan said he sees some possible benefits from cooperating with the EU through its proposed 
Regulatory Cooperation Council. 

He suggested doing so would be somewhat helpful, if only so U.S. officials could go to one forum and have access to 
all the relevant EU officials on a topic - something he described as difficult given the ELTs complicated bureaucracy. 
Working together on risk assessment for pesticides, for example, might also reduce the likelihood the U.S and EU 
would come to different decisions on risk management. 

Adler, the acting CPSC chair, also raised questions about whether reducing regulatory differences between 
the U.S. and EU in the consumer products sector, which includes things like apparel and toys, would really lead to 
added economic gains for businesses on either side of the Atlantic. 

He said his experience has shown companies typically make their products to the highest standard of the markets 
they sell to, so they are compliant in all of them - something he contended is good for consumers, and does not incur 
the expense of maintaining different inventories for different safety standards. 

”1 think the annoyance factor of different safety systems is huge with our friends in the business community. I 
personally remain skeptical that the out-of-pocket costs are as great as the annoyance,” he said. 

Adler added his agency does not have the staff or resources to figure out how standards could be aligned with 
regulations in other jurisdictions, although it does take international standards and best practices into account He 
said he has exhorted businesses who complain about divergent rules to submit detailed petitions demonstrating the 
two approaches are consistent and harmonizing them would reduce costs. But he said he has received no response 
to date from businesses. 


"What our friends really seem to want is for CPSC to survey the market, find eguivalent standards, and lead the 
charge to make our systems compatible," he said. "In other words, they want us to be the moving party. And I'm 
going to be very frank: That's not going to happen." 

Inside U.S. Trade - 06/27/2014 , Vol. 32, No. 26 

INVALID HTML 


VW FOIA, EPA 


06/20/2017 


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To: Belser, Evan[Belser.Evan@epa.gov] 

From: Kaul, Meetu 

Sent: Wed 9/23/2015 5:50:18 PM 

Subject: http://news.yahoo.com/latest-vw-ceo-again-apologizes-scandal-widens-153539815.html 


This is one of many articles on the New York AG 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


VW FOIA, EPA 


06/20/2017 


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To: Phillips, Anna[Phillips.Anna@epa.gov] 

Cc: Blubaugh, Jim[Blubaugh.Jim@epa.gov]; Kasman, Mark[Kasman.Mark@epa.gov]; Belser, 

EvanfBelser.Evan@epa.gov]; Werner, Jacqueline[Wemer.Jacqueline@epa.gov] 

From: Kelley, Rosemarie 

Sent: Wed 9/23/2015 5:54:56 PM 

Subject: Re: Recall of Volkswagen diesel vehicles by EPA — EC Inquiry 

Anna-- 


Ex. 5, 7 



Rosemarie Kelley 
OECA/OCE 


From: Phillips, Anna 

Sent: Wednesday, September 23, 2015 11:56 AM 

To: Kelley, Rosemarie 

Cc: Blubaugh, Jim; Kasman, Mark 

Subject: Re: Recall of Volkswagen diesel vehicles by EPA -- EC Inquiry 



Thanks again... 
Anna 


Anna Phillips 

Program Manager for Europe 

U.S. Environmental Protection Agency (EPA) 

Office of International & Tribal Affairs 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025946 






Washington, D. C. 20460 


Tel: (+1) 202.564.6419 Fax: (+1) 202.565.2427 

e-mail: Phillips, annaf&tepa. gov 

htto://www2. epa. gov/international-cooperation 


From: Kelley, Rosemarie 

Sent: Wednesday, September 23, 2015 11:43 AM 
To: Phillips, Anna 

Subject: Fw: Recall of Volkswagen diesel vehicles by EPA 


Anna-- 


Ex. 5, 7 

Rosemarie Kelley 

OECA/OCE 

202 - 564-4014 


From: Belser, Evan 

Sent: Wednesday, September 23, 2015 11:23 AM 
To: NikoIaus.Steininger@ec.europa.eu 

Cc: Maciej.SZYMANSKI@ec.europa.eu; Joanna.SZYCHOWSKA@ec.europa.eu; 
pierre.bonnel@jrc.ec.europa.eu; martin.weiss@jrc.ec.europa.eu; Olechiw, Michael; 
Barbara. BONVISSUTO@ec.europa.eu 
Subject: RE: Recall of Volkswagen diesel vehicles by EPA 


Hello Klaus, and thank you for you note. Unfortunately I am not at liberty to discuss case facts 
that are not already public. Answering would also require speculation on my part which would 
not be appropriate. As I’m sure you can appreciate, this is a matter of federal law enforcement 
and we have on ongoing investigation. The answer to “why” VW did this will be part of our 
investigation. 


VW FOIA, EPA 


06/20/2017 


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Best Regards, 


Evan 

Evan Belser 

Chief , Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 
Office of Enforcement and Compliance Assurance 
United States Environmental Protection Agency 
202-564-6850 


From : Nikolaus.Steininger@ec.europa.eu [mailto:Nikolaus.Steininger@ec.europa.eu] 
Sent: Wednesday, September 23, 2015 10:57 AM 
To: Belser, Evan 

Cc: Maciej.SZYMANSKI@ec.europa.eu; Joanna.SZYCHOWSKA@ec.europa.eu; 
pierre.bonnel@jrc.ec.europa.eu; martin.weiss@jrc.ec.europa.eu; Olechiw, Michael; 
Barbara.BONVISSUTO@ec.europa.eu 
Subject: RE: Recall of Volkswagen diesel vehicles by EPA 


Dear Evan, 


As you can imagine we have very intense discussions on the VW case on all levels at our end. 
One question, which pops up all the time is the motivation of VW for having the defeat device 
installed at the first place. 


Basically some of the faulty vehicles have a SCR system installed and then the motivation is 
obviously saving urea, allowing for larger travel distances between refill intervals, basically for 
customer convenience. By the way, does EPA or CARB regulation require a minimum travel 
distance for which a full tank must provide urea (e.g. for assuming a poor urea supply 
infrastructure)? If so, VW might have a big problem to render the vehicles compliant even with a 
recall. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025948 



But other vehicles have a LNT installed. In such case the motivation for the defeat device would 
be a reduced fuel consumption, but this fuel consumption would not show on the regulatory test 
cycle, on which the defeat device by definition would not be active. VW would therefore not 
benefit from reduced fuel consumption/C02 emission values for the US fleet target. It is true that 
the real driving fuel consumption would be slightly better with the defeat device on board, but is 
this a strong enough motivation to take such high risk (in particular in the US market with 
relatively low fuel prices)? 


I would be very grateful if you could come back with your thoughts on this. 


Regards, 

Klaus 


Nikolaus STEININGER 

Policy officer 


European Commission 

DG GROWTH 

CA Automotive and Mobility Industries 

http://ec.europa.eu/growth/sectors/automotive/index en.htm 


Read more 

y///////////////////////////////M^ 


BREY 10/046 
B-1049 Brussels/Belgium 
+32 2 29-58557 

nikolaus.steininqer@ec.europa.eu 


DISCLAIMER: 

Please note that information contained in this mail and its annexes 

- does not commit the European Institutions or the sender in any respect 

- is not necessarily comprehensive, complete, accurate or up-to-date 

- should not be considered as professional or legal advice 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025949 




From: STEININGER Nikolaus (GROW) 

Sent: Monday, September 21,2015 5:59 PM 
To: Belser.evan@epa.gov' 

Cc: SZYMANSKI Maciej (GROW); SZYCHOWSKA Joanna (GROW); BONNEL Pierre (JRC-ISPRA); 
WEISS Martin (JRC-ISPRA); 'Olechiw, Michael' 

Subject: RE: Recall of Volkswagen diesel vehicles by EPA 


Hi Evan, 


Thanks a lot for your time on the phone. Let's stay in touch. 


Regards, 

Klaus 


Nikolaus STEININGER 

Policy officer 


European Commission 

DG GROWTH 

C.4 Automotive and Mobility Industries 

http://ec.europa.eu/qrowth/sectors/automotive/index en.htm 


BREY 10/046 
B-1049 Brussels/Belgium 
+32 2 29-58557 

nikolaus.steininqer@ec.europa.eu 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025950 



DISCLAIMER: 

Please note that information contained in this mail and its annexes 

- does not commit the European Institutions or the sender in any respect 

- is not necessarily comprehensive, complete, accurate or up-to-date 

- should not be considered as professional or legal advice 


From: Olechiw, Michael f mailto:olechiw.michael@epa.qov 

Sent: Monday, September 21,2015 2:37 PM 
To: STEININGER Nikolaus (GROW) 

Cc: SZYMANSKI Maciej (GROW); SZYCHOWSKA Joanna (GROW); BONNEL Pierre (JRC-ISPRA); 
WEISS Martin (JRC-ISPRA) 

Subject: RE: Recall of Volkswagen diesel vehicles by EPA 


Hello Klaus, 


You can reference the Notice of Violation that we sent to VW: 

http://www3.epa.qov/otaa/cert/documents/vw-nov-caa-09-18-15.pdf 


This should help answer some of your questions. For now you may contact Evan Belser here at 
EPA. (Belser.evan@epa.gov , 001-202-564-6850) 


If you would like to talk this morning, I am available after 3 PM your time. 


Best Regards, 


VW FOIA, EPA 


06/20/2017 


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Mike 


Michael R. Olechiw 

Director - Light-duty Vehicles and Small Engines Center 

USE P A/OT AQ/AS D 

2000 Traverwood Drive 

Ann Arbor Ml 48105 

Tel: +1-734-214-4297 

Mobile: +1-734-546-8079 

Fax: +1-734-214-4050 

olechiw.michael@epa.gov 


From: Nikolaus.Steininger@ec.europa.eu rrrtailtoiNikolaus.Steininger@ec.eufopa.eu 

Sent: Sunday, September 20, 2015 9:24 AM 
To: Olechiw, Michael 

Cc: Maciej.SZYMANSKI@ec.europa.eu : Joanna.SZYCHOWSKA@ec.europa.eu : 
pierre.bonnel@irc.ec.europa.eu ; martin.weiss@irc.ec.europa.eu 

Subject: Recall of Volkswagen diesel vehicles by EPA 


Dear Michael, 


The recent recall of Volkswagen diesel vehicles by EPA is now all over the European media and it may 
have some implications for the ongoing development of real driving emission (RDE) legislation, mainly 
addressing NOx emissions of diesel vehicles, at our end. Therefore I would be very grateful if we could 
establish a contact on the working level on this topic. I am not sure whether you are the right person; if 
not maybe you could direct me to the appropriate expert at EPA (and/or CARB). 


It would be particularly useful to know whether EPA's action is driven by the fact that VW diesel vehicles 
emit much more NOx "on the road" (i.e. measured with PEMS?) than on the test cycle - this is actually 
known since a long time and the reason of being for our RDE work (the degree of the RDE exceedance 
may of course vary from vehicle to vehicle and manufacturer to manufacturer). In such case I would be 
interested in the legal basis for requesting the recall, because to my knowledge the US limits (as the EU 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025952 



ones in the current Euro 6 implementing legislation, which we are about to change) are defined on a 
combination of test cycles only (?). 


Or did VW vehicles picked from the road not fulfil the US emission limits on the set of regulatory test 
cycles (in the lab) if certain minor conditions, like position of the steering wheel etc., were modified? The 
media talk about "defeat devices" implemented by VW and indentified by EPA (which would also be illegal 
in the EU, but unfortunately we have no really robust definition right now...) - but the meaning of this term 
in the given context is not clear from the media reports (which is not surprising...). 


I would be very grateful if you came back to me in this matter as soon as possible. 


Regards, 

Klaus 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025953 



To: Rodgers, William (EEO)[William.Rodgers@vw.com] 

From: Snyder, Jim 

Sent: Wed 9/23/2015 5:56:41 PM 

Subject: RE: BEV 5-cycle testing 


The only one who has officially done 5 cycle CD is Tesla. A major factor is that most Mfrs 
have found the results are little or no better than the 0.7 adjustment factor. The SAE 
subcommittee has been working on this for some time. There is a draft and it is close to a vote. 

I think there is a VW rep who has been present at some of the mtg -which also include Dyno 
loading and coastdown testing procedures. Look for SAE j 1634 draft proposal or ask your SAE 
rep for it. It outlines procedures for measuring the 5 cycles. It also includes the latest version 
of the multicycle procedure. 


Jim Snyder 

Light-Duty Vehicle Group 
Compliance Division 

United States Environmental Protection Agency 
(734) 214-4946 

snvder.iim@e pa.gov 


From: Rodgers, William (EEO) [mailto:William.Rodgers@vw.com] 

Sent: Wednesday, September 23, 2015 1:15 PM 
To: Snyder, Jim 

Cc: Horton, Garett (VWGoA Imp); Giles, Michael (EEO); Allen, Gregory (EEO) 
Subject: BEV 5-cycle testing 


Jim, 

For BEV 5-cycle testing do you have information or a reference for how to measure cycle energy 
for all 5 test cycles individually? When we do full charge depletion tests we base the cycle 
energy off of the recharge energy after the end of the test, and then divide it over the number of 
cycles. For 5 cycle testing where we begin a test with ~50% SOC how are other manufacturers 
measuring their energy over the cycle? 

If you have questions or need clarification we can discuss it further next week when we are over 
for the e-tron CD tests. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025954 



Regards, 


Bill Rodgers 

Emissions Certification Engineer 
Volkswagen Group 
3800 Hamlin Rd 
Auburn Hills, MI 48326 
p. (248) 754-4219 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025955 



To: Good, David[good.david@epa.gov] 

From: Bradford A. Coty 

Sent: Wed 9/23/2015 6:02:36 PM 

Subject: RE: VW Fuel Economy 


Thanks for your reply, David. 


The engine is a 2.5L, 170hp, in-line 5cyl. 

Transmission is an automatic. There is a sticker that says: Eng/Trans: 125kW A6F 
CBU PDW I have no idea what this means. 

Sticker Mileage: 22 City 31 Highway 25 combined 


Actual Mileage: In AZ: 20-21 combined In CA: combined mileage which actually was 
principally city was never more than around 15mpg 


When I have driven between LA and Phx, virtually all highway I still don’t get more than 
around 25-26mpg. 


Although this has nothing to do with MPG’s, on the sticker under Performance/Handling 
it does state, “Partial Zero Emissions Vehicle.” 


What are your thoughts about this? 


Respectfully, 


Bradford A Coty 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025956 





From: Good, David [mailto:good.david@epa.gov] 
Sent: Wednesday, September 23, 2015 9:19 AM 
To: Bradford A. Coty 
Subject: RE: VW Fuel Economy 


Bradford, 


What engine and transmission does your 2013 Passat have? What are the EPA fuel economy 
estimates (e.g. on your window sticker or on www.fueleconomv.gov ') and what gas mileage are 
you getting (for city and/or highway driving)? 


Thanks 


Sent: Wednesday, September 23, 2015 12:13 PM 

To: Good, David 

Subject: VW Fuel Economy 


David: 


I have a 2013 VW Passat which has never gotten close to the MPG stated on the 
Sticker. Among other things, I complained right away to VW who inspected the car and 
said it due to my low avg speed in Los Angeles. Since then I’ve moved to AZ where 
roads are “normal” and my mileage has never improved. Now that I see VW installed 
software code to circumvent emissions standards, is it possible whomever tests new 
cars for MPG’s did it incorrectly or in violation of standards? 


VW FOIA, EPA 


06/20/2017 


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Thank you. 


Respectfully, 


Bradford A Coty 



VW FOIA, EPA 


06/20/2017 


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From: Phillips, Anna 

Required Attendees: Blubaugh, Jim; Kasman, Mark; Walsh, Juliana; 

ZinsmeisterEL@state.gov; christoph.albus@bmvi.bund.de; WASH VERK-1 Zass, Stephan Klaus; 
guido.zielke@bmvi.bund.de; stephan.redmann@bmvi.bund.de 
Optional Attendees: Hatcher, Kari E 

Location: .....FrQm.Germany..{to!J.free): 08001818637; From the U.S. (toll free) 1-866-299-3188; 

Conference Code: |._._._._N?n-"Responsiye | 

Importance: Normal 

Subject: Call with EPA and German Federal Ministry of Transportation 
Start Date/Time: Thur 9/24/2015 3:00:00 PM 

End Date/Time: Thur 9/24/2015 3:30:00 PM 


???????? 


From: Phillips, Anna 

Sent: Wednesday, September 23, 2015 1:28 PM 
To: Albus, Christoph 

Cc: Muller, Steffen; '.WASH VERK-1 Zass, Stephan Klaus (verk-l@wash.auswaertiges-amt.de)'; Zielke, 
Guido; Redmann, Stephan; Blubaugh, Jim; Walsh, Juliana; ZinsmeisterEL@state.gov; .WASH WI-2 Weber, 
Michael; Kasman, Mark 

Subject: Re: EPA charges against VW --Telephone Call with EPA on September 24 CONFIRMED 

Christoph, thank you for informing us that Mr. Odenwald will not be available but we 
appreciate your confirming the call with Director Zielke on Thursday, September 24th 
at 11:00 a.m. Washington time. Can you please provide additional information on 
Director Zielke's position in the Ministry? 


We can use the following conference lines: 


From Germany (toll free): 08001818637 


From the U.S. (toll free) 1-866-299-3188 


Conference Code: 



I also am copying colleagues at the U.S. Embassy in Berlin so that they are aware of 
the call and can participate if schedules permit. 


Best regards, 
Anna 


vw FOIA, EPA 


06/20/2017 


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Anna Phillips 


Program Manager for Europe 

U.S. Environmental Protection Agency (EPA) 

Office of International & Tribal Affairs 

Washington, D.C. 20460 

Tel: (+1) 202.564.6419 Fax: (+1) 202.565.2427 

e-mail: Phillips.annafcbepa.aov 

htto://www2. epa. gov/international-cooperation 


From: Aibus, Christoph 

Sent: Wednesday, September 23, 2015 1:15 PM 
To: Phillips, Anna 

Cc: Muller, Steffen; '.WASH VERK-1 Zass, Stephan Klaus (verk-l@wash.auswaertiges-amt.de)'; Zielke, 
Guido; Redmann, Stephan 

Subject: AW: EPA charges against VW --Telephone Call with EPA on September 24 

Dear Ms. Phillips, 

Unfortunately state secretary Mr. Odenwald will not be available for a call tomorrow. On behalf 
of him, Director Zielke from the German Ministry for Transport and Digital Infrastructure would 
like to phone with Director Grundler tomorrow, 11:00 a.m. Washington time (as proposed by 
you). Please provide me with the contact information. 

Best Regards 

Christoph Aibus 

Von: Phillips, Anna [mailto:Phillips.Anna@epa.Qov 1 
Gesendet: Dienstag, 22. September 2015 14:07 
An: .WASH WI-2 Weber, Michael 

Cc: .WASH VERK-1 Zass, Stephan Klaus; Blubaugh, Jim; Walsh, Juliana; ZinsmeisterEL@state.gov : 
Kasman, Mark 

Betreff: Re: EPA charges against VW - Telephone Call with EPA 
Dear Michael, 

I have consulted within EPA on this request and can confirm that Christopher Grundler, 
Director of EPA's Office of Transportation and Air Quality, is available for a telephone 
call with Secretary of State Odenwald at the following times: 

Thursday, September 24, 2015, 11 AM -11:30 AM EDT 


VW FOIA, EPA 


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2) Tuesday, September 29, 2015, 9 AM - 10 AM EDI 


Please let me know if these times will work for Mr. Odenwald and 1 will provide the calf 
in numbers. 

I also am copying colleagues at the U.S. Embassy in Berlin for their information and to 
invite their participation. 

Best, 

Anna 

***** ***** ***** 'V ***** ***** ****** ***** **************************************** *************** ************************* 

Anna Phillips 

Program Manager for Europe 

U.S, Environmental Protection Agency (EPA) 

Office of International & Tribal Affairs 

Washington, D.C. 20460 

Tel: (+1) 202,564,6419 Fax: (+1) 202.565.2427 


e-maii: Phillips.anna(a)epa.gov 

http://www2. eoa. gov/international-cooperation 

***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ********** **^ ********** **^ *************** *^ ***** *^ *^ ***** ***** 


From: .WASH WI-2 Weber, Michael < wi-2@wash.auswaertiqes-amt.de > 

Sent: Tuesday, September 22, 2015 10:24 AM 
To: Phillips, Anna 

Cc: .WASH VERK-1 Zass, Stephan Klaus 
Subject: AW: EPA charges against VW 

Dear Anna, 

Thanks for helping out on this matter. 

The German Ministry for Transportation and Digital Infrastructure has established a task force 
under the chairmanship of State Secretary Michael Odenwald. The State Secretary would like to 
speak with the responsible EPA representatives. I am including my transport colleague Stephan 
Zass who will be able to qive you further information and get you in touch with his German 
colleagues. 

I hope you are able to help us out organizing a call or video conference. 


VW FOIA, EPA 


06/20/2017 


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Many thanks, 


Michael 
Michael Weber 
Energy Policy Advisor 

Embassy of the Federal Republic of Germany 

4645 Reservoir Road NW 

Washington, DC 20007 

Tel: +1 (202) 298 4381 

Fax: +1 (202) 298 4391 

E-mail: wi-2@wash.diplo.de 

Our Choices Matter - www.transatlantic-climate-bridqe.org 


VW FOIA, EPA 


06/20/2017 


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To: 


Bunker, ByronIb_unke_nbyron@ep_a.gov]; Wehrly, Lincjwehrly.Iinc@epa.gov]; Snyder, 

_ Ex. 7 _j@arb.ca.gov]; 

jARBr Ex! Y "@arb.ca.gov] 


...LimtSnyder.Jirn@epa.govl; 

Ex. 7 

@ARB| 

j Ex - 7 0)ARBj Ex. 7 )@arb.ca.gov];::::...:^r::_ n 


Cc: j Ex. 7 

From: I ExT ](E’e6) 

Sent: ‘ Wed" 9/23/2015 6: 32:35 PM 

Subject: 2016 MY Update 


_@vw.com] 


Hello, 


Just an update that the testing of the 4K vehicle with the updated software has been completed. 
We expect to receive the test information tomorrow and we will immediately start to enter 
information into the respective verify and e-cert systems. 


I will be on vacation September 24 - 28. Please communicate withj Ex. 7 land his team 
regarding any questions on the 2016 MY certification. I’ve cc’ediEx. 7jon this email. I am 
available by phone September 24 th and September 28 th but will not be available September 25 - 
27. 


Thank you all, 


Ex. 7 


Ex. 7 


Engineering and Environmental Office 
Volkswagen Group of America 

office 
cell 



VW FOIA, EPA 


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2017-FFP 025963 


































To: 

Cc: 

From: 

Sent: 

Subject: 


Snyder, Jim[Snyder.Jim@epa.gov] 

—~ j 

'Gbod'David- 

Wed 9/23/2015 6:38:27 PM 

RE: VW Fuel Economy complaint - 2013 Passat 2.5L gasoline engine 


Ex. 6; 

_j 


Jim Snyder (who works for EPA) handles Volkswagen. 


Jim, please see if you can help; Ex. 6 Alien you get a chance. 


1 hanks 


Dave 


Ex. 6 


From: 

I-.-.-...-...-.-.-.-.-.-.-.-.-.-.-...-...-.-.-...-.-.-...-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.. 

Sent: Wednesday, September 23, 2015 2:03 PM 

To: Good, David 

Subject: RE: VW Fuel Economy 


Thanks for your reply, David. 


The engine is a 2.5L, 170hp, in-line 5cyl. 

Transmission is an automatic. There is a sticker that says: Enq/Trans: 125kW A6F 
CBU PDW I have no idea what this means. 

Sticker Mileage: 22 City 31 Highway 25 combined 


VW FOIA, EPA 


06/20/2017 


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Actual Mileage: In AZ: 20-21 combined In CA: combined mileage which actually was 
principally city was never more than around 15mpg 


When I have driven between LA and Phx, virtually all highway I still don’t get more than 
around 25-26mpg. 


Although this has nothing to do with MPG’s, on the sticker under Performance/Handling 
it does state, “Partial Zero Emissions Vehicle.” 


What are your thoughts about this? 


Respectfully, 



From: Good, David fmailto:qood.david@epa.qov1 

Sent: Wednesday, September 23, 2015 9:19 AM 
To: ! Non-Responsive i 
Subject: RE: VW Fuel Economy 


Ex. 61 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025965 







What engine and transmission does your 2013 Passat have? What are the EPA fuel economy 
estimates (e.g. on your window sticker or on www.fueleconomy.gov ) and what gas mileage are 
you getting (for city and/or highway driving)? 


Thanks 


From: 


Ex. 6 


Sent: Wednesday, September 23, 2015 12:13 PM 

To: Good, David 

Subject: VW Fuel Economy 


David: 


I have a 2013 VW Passat which has never gotten close to the MPG stated on the 
Sticker. Among other things, I complained right away to VW who inspected the car and 
said it due to my low avg speed in Los Angeles. Since then I’ve moved to AZ where 
roads are “normal” and my mileage has never improved. Now that I see VW installed 
software code to circumvent emissions standards, is it possible whomever tests new 
cars for MPG’s did it incorrectly or in violation of standards? 


Thank you. 


Respectfully, 



VW FOIA, EPA 


06/20/2017 


2017-FFP 025966 





VW FOIA, EPA 


06/20/2017 


2017-FFP 025967 



To: 

From: 

Sent: 

Subject: 


Ex. 6 

l AIexariderrDavTcl 

Wed 9/23/2015 7:07:13 PM 

Volkswagen 


Rich, 


The information on this page, and especially the Notice of Violation linked to on this page, just 
past the bottom of the first screen, provide the publically available details regarding the 
Volkswagen case. 


http://www3.epa.gov/otaq/cert/violations.htm 


It was great to talk to you. I know you understand my caution. 


Best as usual, 
David 


David E. Alexander, Attorney 

WJC South Room 1111 -B 

OECA/Air Enforcement Division (2242-A) 

(202)564-2109 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025968 








From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 7:09:39 PM 

Subject: VW scandal could hurt Germany more than the Greece crisis 

MAIL_CONVERSATION_TOPIC: VW scandal could hurt Germany more than the Greece crisis 

Created: Fri 3/18/2016 6:18:12 PM 

The Volkswagen emissions scandal has rocked Germany's business and political establishment 
and analysts warn the crisis at the car maker could develop into the biggest threat to Europe's 
largest economy. 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025969 



From: Bunker, Byron 

Importance: Normal 

Subject: Meeting Forward Notification: call with Byron Bunker on VW issues 
Start Date/Time: Wed 9/23/2015 7:30:00 PM 

End Date/Time: Wed 9/23/2015 8:00:00 PM 


Your meeting was forwarded 

Bunker, Byron has forwarded your meeting request to additional people. 

Meeting 

call with Byron Bunker on VW issues 


Meeting Time 

Wednesday, September 23, 2015 4:30 PM - Wednesday, September 23, 2015 5:30 PM 


Recipients 

C oh en.Janet 

All times listed are in the following time zone: (UTC-05:00) Eastern Time (US & Canada) 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025970 


From: Kaul, Meetu 

Required Attendees: Jorquera, Mario; Alexander, David; Beiser, Evan; Orehowsky, 

Gregory 

Location: 1-855-564-1700 conf code 1104703 passcodf Non . Responsive I 

Importance: Normal i-i 

Subject: VW 208 - consolidation of comments 
Start Date/Time: Wed 9/23/2015 8:30:00 PM 

End Date/Time: Wed 9/23/2015 9:00:00 PM 


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06/20/2017 


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End Date/Time: Wed 9/23/2015 9:00:00 PM 


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End Date/Time: Wed 9/23/2015 9:00:00 PM 


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From: Valentine, Julia 

Sent: Wednesday, September 23, 2015 11:19AM 

To: Senn, John; Millett, John; Hengst, Benjamin; Sutton, Tia 

Subject: (VW) VW attorney 

Sent from USEPA iPhone 

Begin forwarded message: 

From: Jody Godoy <jody.godoy@law360.com<mailto:jody.godoy@law360.com» 

Date: September 23, 2015 at 11:16:36 AM EDT 

To: valentine.julia@epa.gov<mailto:valentine.julia@epa.gov> 

Cc: kaul.meetu@epa.gov<mailto:kaul.meetu@epa.gov> 

Subject: VW attorney 

Hi Julia, 

I'm writing on the VW Clean Air Act violations and I wanted to see if you or one of your colleagues could 
help me understand something. 

I was wondering why Stuart Drake of Kirkland & Ellis was cc'd on the notice of 

violation<http://www3.epa.gov/otaq/cert/documents/vw-nov-caa-09-18-15.pdf> to Volkswagen on Friday. 
Please email me or give me a call at (646) 350-1379<tel:%286463501379>. 


VW FOIA, EPA 


06/20/2017 


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Thanks, 


Jody Godoy 
Reporter 

[http://www.law360.com/prototype/images/Law360-masthead.png] 

Legal News & Data 

860 Broadway, 6th Floor 

New York, NY 10003 

(646) 350-1379<tel:%286463501379> 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025975 



From: Belser, Evan_ 

Location: \ Non-Responsive 

Importance: formal 

Subject: Accepted: VW 208 - consolidation of comments 

Start Date/Time: Wed 9/23/2015 8:30:00 PM 

End Date/Time: Wed 9/23/2015 9:00:00 PM 


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06/20/2017 


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To: Jody GodoyOody.godoy@law360.com] 

Cc: Kaul, Meetu[Kaul.Meetu@epa.gov] 

From: Valentine, Julia 

Sent: Wed 9/23/2015 7:34:31 PM 

Subject: Re: VW attorney 


Jody, 

For attribution to EPA , or to Liz Purchia, spokesperson. 

EPA’s investigation is ongoing and we cannot comment on the details. 
Best, 


Julia P. Valentine 
Office of Public Affairs 
US EPA Headquarters 
202.564.2663 desk 
202.740.1336 m/txt 


From: Jody Godoy <jody.godoy@law360.com> 

Sent: Wednesday, September 23, 2015 3:00 PM 
To: Valentine, Julia 
Cc: Kaul, Meetu 
Subject: Re: VW attorney 

Hi Julia, 

Sorry to press you, but can you provide anything on this yet? 

Thanks, 

Jody 

On Wed, Sep 23, 2015 at 1:21 PM, Jody Godoy < iodv.qodov@law360.com > wrote: 
Thanks, Julia, I appreciate it. 

On Wed, Sep 23, 2015 at 11:19 AM, Valentine, Julia < Valentine.Julia@epa.gov > 
wrote: 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025977 



Checking on that for you, Jody. 
Sent from USEPA iPhone 


On Sep 23, 2015, at 11:17 AM, Jody Godoy < iody.godoy@law360.com > wrote: 


Hi Julia, 

I'm writing on the VW Clean Air Act violations and I wanted to see if you or 
one of your colleagues could help me understand something. 

I was wondering why Stuart Drake of Kirkland & Ellis was cc'd on the 
notice of violation to Volkswagen on Friday. 

Please email me or give me a call at (646) 350-1379 . 

Thanks, 


Jody Godoy 

Reporter 

Legal News & Data 
860 Broadway, 6th Floor 
New York, NY 10003 

( 646 ) 350-1379 


Jody Godoy 

Reporter 

Legal News & Data 
860 Broadway, 6th Floor 
New York, NY 10003 

( 646 ) 350-1379 


Jody Godoy 

Reporter 

Legal News & Data 
860 Broadway, 6th Floor 
New York, NY 10003 

( 646 ) 350-1379 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025978 



To: Bunker, Byron[bunker.byron@epa.gov]; Hengst, Benjamin[Hengst.Benjamin@epa.gov]; 

Cooper, Geoff[Cooper.Geoff@epa.gov]; Orlin, David[Orlin.David@epa.gov]; Werner, 

Jacqueline[Werner. Jacqueline@epa.gov] 

Cc: Sutton, Tia[sutton.tia@epa.gov]; Charmley, William[charmley.william@epa.gov]; Birgfeid, 

Erin[Birgfeld.Erin@epa.gov] 

Bcc: Kaul, Meetu[Kaul.Meetu@epa.gov]; Alexander, David[Alexander.David@epa.gov]; Orehowsky, 

Gregory[Orehows ky.Gregory@epa.gov] 

From: Belser, Evan 

Sent: Wed 9/23/2015 7:42:27 PM 

Subject: RE: (VW) DDL 9/24 noon; The New York Times re: opening up access to codes 



Thanks, 
EL x/ 1 c3i n 


From: Bunker, Byron 

Sent: Wednesday, September 23, 2015 3:04 PM 

To: Hengst, Benjamin; Cooper, Geoff; Orlin, David; Belser, Evan; Werner, Jacqueline 
Cc: Sutton, Tia; Charmley, William; Birgfeid, Erin 

Subject: RE: (VW) DDL 9/24 noon; The New York Times re: opening up access to codes 


Let me catch everyone up on the background here, and then I will make a suggestion. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025979 





Thanks, 


Byron 


************************** 

Byron Bunker 

Director Compliance Division 
Office of Transportation and Air Quality 
Environmental Protection Agency 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025980 




2000 Traverwood Drive 


Ann Arbor, MI 48105 

Bunker.Bvron@epa.gov 

Phone: (734) 214-4155 

Mobile: (734) 353-9623 
******************************** 


From: Hengst, Benjamin 

Sent: Wednesday, September 23, 2015 1:22 PM 

To: Bunker, Byron 

Cc: Sutton, Tia; Charmley, William; Birgfeld, Erin 

Subject: Fwd: (VW) DDL 9/24 noon; The New York Times re: opening up access to codes 


I believe there was a Wired magazine article on this in the pat few days. 


Who covers this issue for us? ASD? CD? 


Ben 

Begin forwarded message: 

From: "Valentine, Julia" < Valentine.Julia@epa.gov > 

Date: September 23, 2015 at 11:39:04 AM EDT 

To: "Purchia, Liz" < Purchia.Liz@epa.gov >. "Conger, Nick" < Conger.Nick@epa.gov >. 

"Millett, John" < Millett.John@epa.gov >. "Hengst, Benjamin" 

< H en g s t. B eni am in @ ep a. gov > 

Cc: "Senn, John" < Senn,John@epa.gov > 

Subject: (VW) DDL 9/24 noon; The New York Times re: opening up access to codes 

Please advise 

Julia P. ValentineOffice of Public AffairsUS EPA Headquarters 202.564.2663 
desk202.740.1336 m/txt 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025981 



From: Tabuchi, Hiroko < hiroko.tabuchi@nytimes.com > 

Sent: Wednesday, September 23, 2015 11:36 AM 
To: Valentine, Julia 

Subject: Query from The New York Times 
Dear Julia, 

I'm a reporter at The New York Times and I'm writing a story with my 
colleague, David Gelles, on the challenges regulators face in 
regulating cars that increasingly rely on software and advanced 
electronics. 

I know that the EPA has opposed opening up the codes that auto 
manufacturers use in their vehicles, because people might tiy to 
reprogram their cars to beat emissions rules. 

In light of the recent Volkswagen revelations, also from the EPA, I 
was curious to know whether there was any rethink in the works at the 
agency on its stance. Some experts have said that more transparency, 
not less, could hold automakers better accountable, whether it be over 
emissions or safety defects. 

Who would be the best person to speak with at the agency? Please do 
let me know. We are working on a somewhat tight deadline of noon on 
Thursday. 

Thanks 

Hiroko 


Hiroko Tabuchi | Reporter | The New York Times | 620 Eighth Ave, New 
York, NY 10018 | Phone 212-556-2642 | Mobile 917-615-4180 | 

hiroko.tabuchi@nytimes.com | www.nvtimes.com | @hirokotabuchi 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025982 



To: Kaul, Meetu[Kaul.Meetu@epa.gov]; Alexander, David[Aiexander.David@epa.gov3 

Cc: Belser, Evan[Belser.Evan@epa.gov]; Orehowsky, Gregory[Orehowsky.Gregory@epa.gov] 

From: Jorquera, Mario 

Sent: Wed 9/23/2015 7:55:18 PM 

Subject: RE: Request for concurrent (and immediate) review 

VW 208 Sept 2015 208 MJ Comments.docx 


Actually looks pretty good. Here are my comments. 


Mario 


Mario Jorquera, P.E., Senior Engineer 
Mobile Source Enforcement Branch 
Air Enforcement Division 
U.S. Environmental Protection Agency 
Phone: (202) 564-1079 
Fax: (202) 564-0069 


Confidential: This transmission may contain deliberative, attorney-client, attorney work product 
or otherwise privileged material. Do not release under FOIA without appropriate review. If you 
have received this message in error, please delete it from your machine and all storage media, 
whether electronic or hard copy. 


From: Kaul, Meetu 

Sent: Wednesday, September 23, 2015 3:32 PM 

To: Jorquera, Mario; Alexander, David 

Cc: Belser, Evan; Orehowsky, Gregory 

Subject: RE: Request for concurrent (and immediate) review 


Thanks. No need to work up additional questions right now - rather just revising what is in there 
(though the additional questions would be great for later, just not today) 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025983 




JRW, Evan and DOJ have already looked at this once. So I’m not looking for big changes here. 
Just make sure things look right! Ex. 5, 7 j 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


From: Jorquera, Mario 

Sent: Wednesday, September 23, 2015 3:30 PM 

To: Kaul, Meetu; Alexander, David 

Cc: Belser, Evan; Orehowsky, Gregory 

Subject: RE: Request for concurrent (and immediate) review 


I’ll work up some questions for our call later. 


From: Kaul, Meetu 

Sent: Wednesday, September 23, 2015 3:11 PM 

To: Jorquera, Mario; Alexander, David 

Cc: Belser, Evan; Orehowsky, Gregory 

Subject: Request for concurrent (and immediate) review 

Importance: High 


Mario and David, 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025984 





Evan is aiming to try to get this out today! 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025985 




To: Alexander, David[Alexander.David@epa.gov]; Kaul, Meetu[Kaul.Meetu@epa.gov]; Engel, 

Bethany (ENRD)[Bethany.Engel@usdoj.gov]; Orehowsky, Gregory[Orehowsky.Gregory@epa.gov]; 
Werner, Jacqueline[Werner.Jacqueline@epa.gov]; Chapman, Apple[Chapman.Apple@epa.gov] 

Cc: Van Eaton, Josh (ENRD)[Josh.Van.Eaton@usdoj.gov]; Belser, Evan[Belser.Evan@epa.gov] 

From: Jorquera, Mario 

Sent: Wed 9/23/2015 8:06:55 PM 

Subject: News Flash: Winterkorn Quits! 


http://www.reuters.eom/artide/2015/09/23/us-usa-volkswaqen- 



VW FOIA, EPA 


06/20/2017 


2017-FFP 025986 







To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: Automotive News 

Sent: Wed 9/23/2015 8:16:53 PM 

Subject: P.M. NEWSCAST: VW crisis: Why Winterkorn quit; Researcher: Disparities revealed 18 
months ago; Porsche boss next CEO?; AutoNation's Jackson: 'Deliberate scheme' 

September 23, 2015 


View in a Web br owser | Forward to a colleague 


..X. 


Follow Tom 


TOP STORY: Shakeuo at Volkswaaen 


Winterkorn steps down » 
18 -month-old evidence » 


Connect with Automotive News 



Cars & Concepts 


OEM/Suppliers Dealers 


Data Center Blogs Events 


Click here to unsubscribe from this newsletter or to sign up for other Automotive News email products. 


Automotive News 
1155 Gratiot Ave. 

Detroit, Ml 48207-2997 United States 

customerservice@autonews.com 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025987 









To: Wehrly, Linc[wehrly.Iinc@epa.gov] 

From: Automotive News 

Sent: Wed 9/23/2015 8:17:15 PM 

Subject: P.M. NEWSCAST: VW crisis: Why Winterkorn quit; Researcher: Disparities revealed 18 

months ago; Porsche boss next CEO?; AutoNation's Jackson: 'Deliberate scheme' 

September 23, 2015 


View in a Web br owser | Forward to a colleague 


..X. 


Follow Tom 


TOP STORY: Shakeuo at Volkswaaen 


Winterkorn steps down » 
18 -month-old evidence » 


Connect with Automotive News 



Cars & Concepts 


OEM/Suppliers Dealers 


Data Center Blogs Events 


Click here to unsubscribe from this newsletter or to sign up for other Automotive News email products. 


Automotive News 
1155 Gratiot Ave. 

Detroit, Ml 48207-2997 United States 

customerservice@autonews.com 


VW FOIA, EPA 


06/20/2017 


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End Date/Time: Wed 9/23/2015 9:00:00 PM 


VW FOIA, EPA 


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2017-FFP 025989 








To: Belser, Evan[Belser.Evan@epa.gov] 

Cc: Werner, Jacqueline[Wemer.Jacqueline@epa.gov] 

From: Kelley, Rosemarie 

Sent: Wed 9/23/2015 8:33:57 PM 

Subject: Re: Volkswagen - defeat device ~ EPA Response? 

Evan-- 


I know that you have lots going on, so I thought I'd check in on whether you responded 
to Anna's email (in case you missed it). 

R 

From: Phillips, Anna 

Sent: Wednesday, September 23, 2015 1:07 PM 
To: Belser, Evan 

Cc: Blubaugh, Jim; Werner, Jacqueline; Kelley, Rosemarie; Kasman, Mark 
Subject: Re: Volkswagen - defeat device -- EPA Response? 

Evan, just checking in again to confirm if you would like me to respond to the attached 
inquiry as offered in my previous message (also below). 


Many thanks... 
Anna 


Anna Phillips 

Program Manager for Europe 

U.S. Environmental Protection Agency (EPA) 

Office of International & Tribal Affairs 

Washington, D. C. 20460 


Tel: (+1) 202.564.6419 Fax: (+1) 202.565.2427 



VW FOIA, EPA 


06/20/2017 


2017-FFP 025990 



From: Phillips, Anna 

Sent: Wednesday, September 23, 2015 11:21 AM 
To: Belser, Evan 

Cc: Blubaugh, Jim; Werner, Jacqueline; Kelley, Rosemarie; Kasman, Mark 
Subject: Re: Volkswagen - defeat device 



Best, 

Anna 


Anna Phillips 

Program Manager for Europe 

U.S. Environmental Protection Agency (EPA) 

Office of International & Tribal Affairs 

Washington, D. C. 20460 

Tel: (+1) 202.564.6419 Fax: (+1) 202.565.2427 

e-mail: Phillips. anna(3>.epa. gov 

htto://www2. epa. gov/intemational-cooperation 


From: Belser, Evan 

Sent: Wednesday, September 23, 2015 11:11 AM 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025991 





To: Phillips, Anna 

Cc: Blubaugh, Jim; Werner, Jacqueline; Kelley, Rosemarie 
Subject: FW: Volkswagen - defeat device 


Anna, 

Ex.5,7 


Thanks, 

Evan 

Evan Belser 

Chief, Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 
Office of Enforcement and Compliance Assurance 
United States Environmental Protection Agency 
202-564-6850 


From: Belser, Evan 

Sent: Wednesday, September 23, 2015 9:23 AM 
To: 'Albus, Christoph' 

Cc: Olechiw, Michael; Redmann, Stephan; 'Mark.Wummel@kba.de'; 'Paeslack, Sven' 
Subject: RE: Volkswagen - defeat device 


Mr. Albus and all, 


Thank you for your outreach. Please allow me a couple days to confer internally to ensure we 
have the right group convened for a call. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025992 





Best Regards, 
Evan 


Evan Belser 

Chief , Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 
Office of Enforcement and Compliance Assurance 
United States Environmental Protection Agency 
202 - 564-6850 


From: Albus, Christoph fmailto:christoph.albus@bmvi.bund.de1 
Sent: Wednesday, September 23, 2015 7:34 AM 
To: Belser, Evan 

Cc: Olechiw, Michael; Redmann, Stephan; 'Mark.Wummel@kba.de'; 'Paeslack, Sven' 
Subject: WG: Volkswagen - defeat device 


Dear Mr. Belser 

Regarding the Volkswagen issue Mr. Olechiw provided the information, that you are the 
responsible contact person at EPA. Together with my colleague Stephan Redman and 
colleagues from our type approval agency (KBA) we are very much interested in a phone 
conference with you. Would it be possible for you to have such a phone conference this Friday 
(25th). 

Thanks in advance. 

Best Regards 
Christoph Albus 


Von: Redmann, Stephan 

Gesendet: Mittwoch, 23. September 2015 13:21 

An: Albus, Christoph 

Betreff: WG: Volkswagen - defeat device 


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06/20/2017 


2017-FFP 025993 



Von: Olechiw, Michael rmailto:olechiw.michael@epa.gov' 
Gesendet: Montag, 21. September 2015 14:39 
An: Redmann, Stephan 
Cc: 'Paeslack, Sven' 

Betreff: RE: Volkswagen - defeat device 


Hello Stephan! 


I can imagine that this has caused quite the stir in Germany. You can reference the Notice of 
Violation that we sent to VW: http://www3.epa.qov/otaq/cert/documents/vw-nov-caa-09-18- 
15.pdf 


This should help answer some of your questions. For now you may contact Evan Belser here at 
EPA. (Belser.evan@epa.gov . 001-202-564-6850) 


f you would like to talk this morning, I am available after 3 PM your time. 


i««>^ 'w*/' 'V 1 [I Y. W 




Mike 


Michael R. Olechiw 

Director - Light-duty Vehicles and Small Engines Center 

USEPA/OTAQ/ASD 

2000 Traverwood Drive 

Ann Arbor Ml 48105 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025994 



Tel: +1-734-214-4297 


Mobile: +1-734-548-8079 
Fax: +1-734-214-4050 
olechiw.michael@epa.gov 


From: Redmann, Stephan [mailto:stephan.redmann@bmvi.bund.de1 
Sent: Monday, September 21,2015 4:31 AM 
To: Olechiw, Michael 
Cc: 'Paeslack, Sven' 

Subject: Volkswagen - defeat device 
Importance: High 


Dear Michael, 

how are you? You may imagine that the EPA case against Volkswagen regarding use of defeat 
devices is causing some turbulences here in Germany. 


KBA - the German type approval authority - is currently investigating the case. Of course they 
are in direct contact with Volkswagen, but currently most of our information is still based on 
press announcements. Therefore I would like to ask you whether US EPA can provide us more 
information. 


If you are not involved can you please provide us the right contact persons for an official 
request? 


Best regards 
Stephan 


Federal Ministry of Transport and digital Infrastructure 
Division LA27 

Automotive Engineering (Environment) 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025995 



Robert-Schuman-PIatz 1 


53175 Bonn, GERMANY 


Tel.: +49 (0)228-300- 4371 

Fax: +49 (0)228-300-807-4371 

email: stephan.redmann@bmvi.bund.de 


VW FOIA, EPA 


06/20/2017 


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To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: Automotive News 

Sent: Wed 9/23/2015 8:34:58 PM 

Subject: [SPAM] DAILY: UAW members vote on FCA deal without Tier 2 cap | Why Herbert Diess is the 
'logical' choice to replace Winterkom | Can VW dealers sue? | VW is repeat offender | Buick Cascada 
starts at $33,990 

September 23, 2015 » Get breaking news at 

autonews.com 

most read 

story 

Volkswagen CEO Winterkorn 
resigns amid diesel 
emissions scandal 



View ill: . a Web browser | Forward to a. colleague 


UAW workers vote on FCA agreement without Tier 
2 cap or product plan 

The UAW leadership is seeking ratification this 
week for a tentative deal with Fiat Chrysler that is 
missing two key provisions from previous 
contracts -- a written product plan and a cap on 
the maximum percentage of Tier 2 workers. 


BLOG: CHRISTIAAN HETZNER 

Diess is the 'logical 1 choice to replace 
Winterkorn 


After Martin Winterkorn's resignation as VW Group CEO, the best 
choice to succeed him would be Herbert Diess, the former BMW 
development boss who became VW brand head in July. 


MOST READ 
(Last 7 days) 

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VW FOIA, EPA 


06/20/2017 


2017-FFP 025997 


Volkswagen dealers haVtbllOise to sue the Mexico*n uaw 
automaker, lawyers sav SiiL 

- production 

shuffle 


Volkswagen dealers -- already seething over a product drought, saggi iY^felff^f^m d an 


often cold shoulder from headquarters in Germany — may now have c 
frustrations out on the company in court. 



eir 


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workers would 
get extra 
holiday, extra 
pay under 
proposed 
contract 


More than 12,000 PowerDealers-are you one of them? 


gainst the 
V’re leaving 



Dbrnirrat. _____ y .. 0 . _, ___ ___ 

for running afouT oT!I57¥missfons rules using 

s'thcal^tdpffflaigcteOT^ eaftMM^fciiistoeek, the spot’s stunt achieved a 

Guinness World Record. 


GMC preps '16 Sierra Elevation edition with new infotainment 
system 

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My confession: The pope isn't the only one riding in a Fiat 500L 


One papal Fiat that can give Francis some mileage 


Volkswagen CEO Winterkorn resigns amid diesel emissions scandal 


West Virginia engineer presented VW emissions findings a year ago 


VW FOIA, EPA 


06/20/2017 


2017-FFP 025998 


Diesel cars loiter in lots as VW dealers, owners sit and wait 

Wired's native ad for VW diesel tech goes missing 

How U.S. lawyers were so quick off the mark to sue Volkswagen 

Lawyer seeks to send VW civil suits to federal court in California 

NEWS ANALYSIS 

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GM may need to cut capacity in Korea as exports slow 

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VW FOIA, EPA 


06/20/2017 


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06/20/2017 


2017-FFP 026003 





VW FOIA, EPA 


06/20/2017 


2017-FFP 026004 



To: Wehrly, Linc[wehrly.Iinc@epa.gov] 

From: Automotive News 

Sent: Wed 9/23/2015 8:35:17 PM 

Subject: [SPAM] DAILY: UAW members vote on FCA deal without Tier 2 cap | Why Herbert Diess is the 
'logical' choice to replace Winterkom | Can VW dealers sue? | VW is repeat offender | Buick Cascada 
starts at $33,990 

September 23, 2015 » Get breaking news at 

autonews.com 

most read 

story 

Volkswagen CEO Winterkorn 
resigns amid diesel 
emissions scandal 



View ill: . a Web browser | Forward to a. colleague 


UAW workers vote on FCA agreement without Tier 
2 cap or product plan 

The UAW leadership is seeking ratification this 
week for a tentative deal with Fiat Chrysler that is 
missing two key provisions from previous 
contracts -- a written product plan and a cap on 
the maximum percentage of Tier 2 workers. 


BLOG: CHRISTIAAN HETZNER 

Diess is the 'logical 1 choice to replace 
Winterkorn 


After Martin Winterkorn's resignation as VW Group CEO, the best 
choice to succeed him would be Herbert Diess, the former BMW 
development boss who became VW brand head in July. 


MOST READ 
(Last 7 days) 

VW accused of 
using defeat 
device* 
software in 
482,000 
diesels to skirt 
U.S. clean-air 
rules 

What people 
are saving 
about Honda 1 s 
2016 Civic 
FCA's U.S. car 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026005 


Volkswagen dealers haVtbllOise to sue the Mexico*n uaw 
automaker, lawyers sav SiiL 

- production 

shuffle 


Volkswagen dealers -- already seething over a product drought, saggi iY^felff^f^m d an 


often cold shoulder from headquarters in Germany — may now have c 
frustrations out on the company in court. 



eir 


UAW-FCA 


workers would 
get extra 
holiday, extra 
pay under 
proposed 
contract 


More than 12,000 PowerDealers-are you one of them? 


gainst the 
V’re leaving 



Dbrnirrat. _____ y .. 0 . _, ___ ___ 

for running afouT oT!I57¥missfons rules using 

s'thcal^tdpffflaigcteOT^ eaftMM^fciiistoeek, the spot’s stunt achieved a 

Guinness World Record. 


GMC preps '16 Sierra Elevation edition with new infotainment 
system 

BLOG: LARRY P. VELLEQUETTE 

My confession: The pope isn't the only one riding in a Fiat 500L 


One papal Fiat that can give Francis some mileage 


Volkswagen CEO Winterkorn resigns amid diesel emissions scandal 


West Virginia engineer presented VW emissions findings a year ago 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026006 


Diesel cars loiter in lots as VW dealers, owners sit and wait 

Wired's native ad for VW diesel tech goes missing 

How U.S. lawyers were so quick off the mark to sue Volkswagen 

Lawyer seeks to send VW civil suits to federal court in California 

NEWS ANALYSIS 

VW cheating added pollution of millions more U.S. cars 

'European Detroit' on edge as VW scandal widens 

Canada threatens action against VW if rules violated 

Volkswagen hires law firm that defended BP after oil spill 

CarMax profits rise 12% on higher used-vehicle volume 

GM may need to cut capacity in Korea as exports slow 

Automotive News Newscasts 


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06/20/2017 


2017-FFP 026007 






Make sure you get ALL the news! Subscribe today to the print or 
digital edition of Automotive News, the industry's premier source of 
news, data and analysis 


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06/20/2017 


2017-FFP 026008 


UPCOMING ... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026009 



EVENTS 

» Oct. 1 - Automobilwoclhse 



Work For 


» Jan. 12 - Automotive News World 





» Oct. 7 at 2pm ET - Programmatic 




» Oct. 15 at 2pm ET - Create Loyal 


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» Oct. 22 at 2pm ET - Save on 
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VW FOIA, EPA 


06/20/2017 


2017-FFP 026011 





VW FOIA, EPA 


06/20/2017 


2017-FFP 026012 




I can't find Dr. Professor Winterkom's email- and heck he resigned today anyway... 
so he probably does not want to buy my almost brand new VW diesel. 

So, I thought i'd send you a note— your email was much easier to find on the notice to VW. 


I hope VW gets fined the absolute maximun possible. I am outraged. What is worse is that I 
purchased this car based on its very high "green car" ratings and numerous awards bestowed on 
it by many non-profit organizations. Thanks for being a part of what is likely a large team of 
people working together to bring this act of disgusting fraud to light! 


I hope the fix is quick. I can't wait to be out of this car- which I had been enjoying- having been 
duped. I will never ever ever buy VW again. 


All Best in your work for clean air, 


Non-Responsive 

SaugerTies'fNY 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026013 











To: Chapman, Apple[Chapman.Apple@epa.gov] 

From: Brooks, Phillip 

Sent: Wed 9/23/2015 8:58:47 PM 

Subject: Re: VW CEO JUST RESIGNED 


Ex. 5, 7 


Sent from my iPhone 

> On Sep 23, 2015, at 11:15 PM, Chapman, Apple <Chapman.Apple@epa.gov> wrote: 

> 

> 

> 

> Apple Chapman 

> OECA 

> Air Enforcement Division 

> Sent from my iPhone 
>202-841-6076 

> 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026014 






To: Giles-AA, Cynthia[Giles-AA.Cynthia@epa.gov] 

From: Brooks, Phillip 

Sent: Wed 9/23/2015 8:59:35 PM 

Subject: Fwd: BREAKING NEWS: Volkswagen CEO steps down amid US emissions-rigging scandal 


Sent from my iPhone 
Begin forwarded message: 


From: Energy Guardian < energy @ email. energy guardian. net > 

Date: September 23, 2015 at 11:27:21 PM GMT+8 

To: " brooks.phillip/Stepa.gov " < brooks.phillip@epa.gov > 

Subject: BREAKING NEWS: Volkswagen CEO steps down amid US emissions- 
rigging scandal 

Reply-To: EnergyGuardian < energy@washingtonguardian.net > 


Advertise I Contact 










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©2015, 





VW FOIA, EPA 


06/20/2017 


2017-FFP 026017 



To: Giles-AA, Cynthia[Giles-AA.Cynthia@epa.gov] 

From: Brooks, Phillip 

Sent: Wed 9/23/2015 9:01:04 PM 

Subject: Fwd: Latest statement from VW AG website 


Sent from my iPhone 
Begin forwarded message: 


From: "Kaul, Meetu" < Kaul.Meetu@epa.gov > 

Date: September 24, 2015 at 12:22:14 AM GMT+8 

To: "Brooks, Phillip" < Brooks.Phillip@epa.gov >. "Werner, Jacqueline" 

< Werner. Jacqueline@epa.gov >. "Belser, Evan" < Belser.Evan@epa.gov >. "Orehowsky, 
Gregory" < Orehowskv.Gregory@epa.gov > 

Subject: Latest statement from VW AG website 



Statement from the Executive Committee of Volkswagen AG’s Supervisory Board 

In a meeting on Wednesday, September 23, the 
Executive Committee of the Supervisory Board of 
Volkswagen AG discussed in detail the manipulation of 
emissions data of Volkswagen Group diesel engines 
and came to the following conclusions: 

1. The Executive Committee takes this matter extremely seriously.' I i ^—: U11 ^/ 
Committee recognizes not only the economic damage caused, but cl IS* O f* ll IC3 S 5$ O t" 
trust among many customers worldwide. 

2. The Executive Committee agrees that these incidents need to be clarified with 
great conviction and that mistakes are corrected. At the same time, the Executive 
Committee is adamant that it will take the necessary decisive steps to ensure a 
credible new beginning. 


vw FOIA, EPA 


06/20/2017 


2017-FFP 026018 




3. The Executive Committee has great respect for Chairman Professor Dr. 
Winterkorn’s offer to resign his position and to ask that his employment agreement 
be terminated. The Executive Committee notes that Professor Dr. Winterkorn had 
no knowledge of the manipulation of emissions data. The Executive Committee has 
tremendous respect for his willingness to nevertheless assume responsibility and, 
in so doing, to send a strong signal both internally and externally. Dr. Winterkorn 
has made invaluable contributions to Volkswagen. The company’s rise to global 
company is inextricably linked to his name. The Executive Committee thanks Dr. 
Winterkorn for towering contributions in the past decades and for his willingness to 
take responsibility in this criticall phase for the company. This attitude is illustrious. 

4. Recommendations for new personnel will be presented at the upcoming meeting 
of the Supervisory Board this Friday. 

5. The Executive Committee is expecting further personnel consequences in the 
next days. The internal Group investigations are continuing at a high tempo. All 
participants in these proceedings that has resulted in unmeasurable harm for 
Volkswagen, will be subject to the full consequences. 

6. The Executive Committee have decided that the company will voluntarily submit 
a complaint to the State Prosecutors’ office in Brunswick. In the view of the 
Executive Committee criminal proceedings may be relevant due to the irregularities. 
The investigations of the State Prosecutor will be supported in all form from the side 
of Volkswagen. 


7. The Executive Committee proposes that the Supervisory Board of Volkswagen 
AG create a special committee, under whose leadership further clarifying steps will 
follow, including the preparation of the necessary consequences. In this regard, the 
Special Committee would make use of external advice. Further details about this 
will be decided at the Supervisory Board meeting on Friday. 

8. The Executive Committee is aware that coming to terms with the crisis of trust 
will be a long term task that requires a high degree of consistency and 
thoroughness. 


9..The Executive Committee will work on these tasks together with the employees 

and the Management Board. Volkswagen is a magnificent company that depends 
on the efforts of hundreds of thousands of people. We consider it our task that 
company regains the trust of our customers in every respect. 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026019 


Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026020 



i@vw.com; 


to: lZZZZZIZZZI 

From: Snyder, Jim 

Sent: Wed 9/23/2015 9:12:12 PM 

Subject: Engine controller information for Touareg 



Ex. 7 


Here is the information that I am requesting for a 2014 VW Touareg diesel. In order of priority: 


•UUUULJLJLJLJ Listing of CAN addresses (PIDs) for the powertrain controller (ECU) to access 
engine /emissions parameters. 

•□□□□□□□□ Feature descriptions and engine parameter definitions/descriptions 

•□□□□□□□□ Appropriate ETAS A20 file for monitoring aftertreatment such as exhaust and 
emissions sensor, dosing, models... if available 

•□□□□□□□□ Software listing file 


Preferably all in English but I don’t want to wait if not available. I would really like to get the 
first two items early next week. 


Jim Snyder 

Light-Duty Vehicle Group 
Compliance Division 

United States Environmental Protection Agency 
(734) 214-4946 

snvder.iim@epa.aov 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026021 





























































To: Brooks, Phillip[Brooks.Phillip@epa.gov] 

From: EnergyGuardian 

Sent: Wed 9/23/2015 9:26:18 PM 

Subject: Pope Francis praises Obama's climate action, urges U.S. leadership 


Advertise [ Contact 













































































































































































































































































































































































































VW FOIA, EPA 


06/20/2017 


2017-FFP 026023 



































































































EPA hears widely different views on methane emission threat 


Volkswagen CEO departs, takes responsibility for scandal 
Volkswagen's clean-car image dirtied by emissions scandal 
Clinton on energy: Modernize infrastructure, fight climate change 
Xi pledges China will shrink barriers to foreign investment 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026024 

























































Energy industry problems but no recession in Canada: Finance Minister 


Is Paris the last big item on Obama's legacy list? 

Govt, shutdown would be costly for parks: Advocacy group 
VW emissions scandal sends platinum prices sliding 
Oil slumps on stockpile data 

More asset sales coming from drillers in 2016: Analyst 
Halliburton sheds more jobs in North Dakota 
ND 'man camps' shrinking as drilling declines 
Local contamination cleanup to get $13.2M boost from EPA 
SoCal water supplier looks to recycle sewage 
Upcoming Events 



EPA hears widely different views on methane 
emission threat 


By Dan Elliott 

DENVER (AP) — Over-regulating methane emissions could discourage the use of 
environment-friendly natural gas, an energy industry representative told the Environmental 
Protection Agency on Wednesday. 

However, a former Colorado air quality official countered that such controls would be a cost- 
effective way to fight climate change. 

The EPA heard radically different views as it opened public hearings in Denver on its 
proposal to slash allowable methane emissions from oil and gas production. Sessions were 
also scheduled in Dallas on Wednesday and in Pittsburgh on Sept. 29. 

The proposed Riles are aimed at cutting the emissions by 40 to 45 percent by 2025 compared 
with 2012 levels. 



VW FOIA, EPA 


06/20/2017 


2017-FFP 026025 



















































Volkswagen CEO departs, takes responsibility for 
scandal 


By Geir Moulson and Pan Pylas 

BERLIN (AP) — Volkswagen CEO Martin Winterkom resigned Wednesday, days after 
admitting that the world's top-selling carmaker had rigged diesel emissions to pass U.S. tests 
during his tenure. 

No replacement was announced, and VW still has no easy exit from a scandal that has 
suddenly dented a reputation for trustworthiness that took decades to build. The smog-test 
trickery has wiped out billions in VW's market value and raised the specter of criminal 
investigations and billions more in fines. 

Winterkom took responsibility for the "irregularities" found by U.S. inspectors in VW's 
diesel engines, but insisted he had personally done nothing wrong. 

"I am doing this in the interests of the company even though I am not aware of any 
wrongdoing on my part," his statement said. "Volkswagen needs a fresh start ... I am clearing 
the way for this fresh start with my resignation." 


Volkswagen's clean-car image dirtied by emissions 
scandal 


By Mae Anderson 

NEW YORK (AP) — German engineering may lose some marketing pop after Volkswagen's 
stunning admission that it rigged emissions tests. 

The revelation is particularly damaging since Volkswagen has long pinned its reputation on 
its technological prowess, with the tagline, "Isn't it time for German engineering?," along 
with its focus on environmental sustainability. 

"Brands are all about trust and it takes years and years to develop," says Nigel Currie, an 
independent U.K.-based branding consultant. "But in the space of 24 hours, Volkswagen has 
gone from one people could tmst to one people don't know what to think of." 

The company apologized and the CEO stepped down, but Volkswagen has yet to explain 
how the cheating was allowed to occur. The company risks alienating not only fans of the 
"People's Car," but dealers, the local face of the brand, who feel blindsided by the scandal. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026026 








































Clinton on energy: Modernize infrastructure, fight 
climate change 

By EnergyGuardian 

A day after publicly announcing her opposition to the Keystone XL pipeline, Democratic 
presidential hopeful Hillary Clinton expanded on her reasons for doing so, and outlined her 
vision for the country’s energy future. 

Clinton said in a posting on Medium on Wednesday that she would seek to modernize the 
country's energy infrastructure and develop new partnerships with Canada and Mexico to 
fight climate change in North America. She reiterated interest in creating an infrastructure 
bank to unleash investments in clean energy and said she would strengthen pipeline safety 
regulations and work to replace the country's oldest pipes and riskiest train cars. 

"American energy policy is about more than a single pipeline to transport Canada's dirtiest 
fuel across our country. It's about building our future," Clinton wrote. 

Clinton's Keystone announcement, meanwhile, has won plaudits from some climate activists 
and criticism from Republicans. 


Xi pledges China will shrink barriers to foreign 
investment 


By The Associated Press 

SEATTLE (AP) — Chinese President Xi Jinping met with Chinese and American business 
executives in Seattle on his visit to the U.S., then touted his country's resilient economy. 

Echoing statements he made in a speech Tuesday, Xi said Wednesday that China's economy 
has "big potential" and leaders of the nation will continue to remove barriers to foreign 
investment. 

Xi also spoke about the need for stronger intellectual property protection and other reforms 
in his country. 

China's president got to check out the inside of a new 787 being built for Xiamen Air, 
China's first privately owned airline, when he toured Boeing's massive assembly plant north 
of Seattle. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026027 


















































































Energy industry problems but no recession in 
Canada: Finance Minister 


By Rob Gillies 

TORONTO (AP) — Canada's finance minister says Canada is not in recession now and 
wasn't in recession in the first half of the year despite data showing otherwise. 

Joe Oliver said in an interview with The Associated Press the downturn was largely confined 
to the energy sector. Canada fell into a recession in the first six months of the year, dragged 
down by falling energy prices and economic troubles in China. 

The Canadian economy retreated at an annual pace of 0.5 percent from April through June 
after sliding 0.8 percent the first three months of the year. Two consecutive negative quarters 
are the technical definition of a recession. 

"We don't believe that the economy was in fact in a recession," said Oliver, whose 
Conservative party is seeking re-election on Oct. 19. 



Week in Review - House Panel Moves To Lift Export Ban 


Congress Gears up for Papal Visit. 


Click here to read the brief 

i . 



Is Paris the last big item on Obama's legacy list? 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026028 















Barack Obama is "entirely focused" on building momentum for a meaningful climate deal at 
the U.N. conference in Paris in December, reports Rolling Stone, which had an interview 
with the president. 


Govt, shutdown would be costly for parks: Advocacy group 

A federal government shutdown could cost more than $42 million a day in lost revenue for 
national parks, the head of the National Park Conservation Association warned Congress, 
The Hill reports. 


VW emissions scandal sends platinum prices sliding 

Platinum is used in the auto catalyst technology for diesel engine manufacturing, and traders, 
worried that the scandal around Volkswagen’s emissions testing will give diesel a bad name, 
sent spot platinum prices down around a six-year low Wednesday morning, Platts reports. 


Oil slumps on stockpile data 

Oil dropped Wednesday after the government reported a 1.9 million decline in U.S. crude 
stockpiles last week—a substantially smaller figure than reported by the American Petroleum 
Institute a day earlier. Light, sweet crude for November delivery lost $1.88 a barrel, or 4.1 
percent, to settle at $44.48 a barrel on the Nymex, while in London, Brent fell $1.33 to 
$47.75, The Wall Street Journal reports. 


More asset sales coming from drillers in 2016: Analyst 

FuelFix reports that a new analysis projects that spending cuts by drillers trying to cope with 
continued low oil prices will fuel more asset sales next year. 


Halliburton sheds more jobs in North Dakota 

With drilling in the doldrums, Halliburton is confirming further layoffs from its office in 
Williston, North Dakota, although a spokeswoman wouldn't provide numbers to the Williston 
Herald. 



VW FOIA, EPA 


06/20/2017 


2017-FFP 026029 






















































































































ND 'man camps' shrinking as drilling declines 


The drop in drilling prompted by the slide in crude prices, and the decision by local 
authorities to tighten housing permits, have led to the disappearance of many "man 
camps"—temporary accommodation for oil workers, the Bismarck Tribune reports. 


Local contamination cleanup to get $13.2M boost from EPA 


Communities that have had success in using the Revolving Loan Fund to clean up brownfield 
sites will have access to another $13.2 million from the Environmental Protection Agency, 
The Hill reports. 


SoCal water supplier looks to recycle sewage 

So-called “toilet-to-tap” technology is getting a major new supporter, as Southern 
California’s Metropolitan Water District has announced it’s investing in a plant that will 
recycle sewage to get drinking water, the Los Angeles Times reports. 


Upcoming Events 

• Sep. 23, Dallas: The Environmental Protection Agency to hold a hearing on its proposal 
to cut methane emissions from new and modified oil and gas systems. 11:00 am , 1500 
Marilla Street Dallas, Texas 75201 

• Sep. 23, Denver: The Environmental Protection Agency to hold a hearing on its 
proposed mle to cut methane emissions at new and modified oil and natural gas sites. 
11:00 am , 1595 Wynkoop Street, Denver, CO 80202. 

• Sep. 23, Washington: The Senate Homeland Security and Governmental Affairs 
Committee to hold a hearing to examine the use of agency regulatory guidances in 
rulemaking. 11:00 am , Dirksen 342. 

• Sep. 23, Washington: President Barack Obama to hold a bilateral meeting with Pope 
Francis. 10:15 am , White House. 

• Sep. 24, Washington: Pope Francis to address a joint meeting of Congress 10:00 am , 
U.S. Capitol Building. 



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"y.r 


ensure you receive uninterrupted delivery, please add the address 


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2017-FFP 026030 














































to your email address book. 


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2017-FFP 026031 



To: 

From: 

Sent: 

Subject: 


Wehrly ; 
Energy 
Wed 9/: 
Pope F 


i/ehriy. Iinc@epa.gov] 
an 

5 9:26:18 PM 

praises Obama's climate action, urges U.S. leadership 


Advertise 


Contact 




ment headlines for the afternoon of Wednesday, September 23, 2015 













































































































































































































































































































































































































VW FOIA, EPA 


06/20/2017 


2017-FFP 026033 



































































































EPA hears widely different views on methane emission threat 


Volkswagen CEO departs, takes responsibility for scandal 
Volkswagen's clean-car image dirtied by emissions scandal 
Clinton on energy: Modernize infrastructure, fight climate change 
Xi pledges China will shrink barriers to foreign investment 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026034 

























































Energy industry problems but no recession in Canada: Finance Minister 


Is Paris the last big item on Obama's legacy list? 

Govt, shutdown would be costly for parks: Advocacy group 
VW emissions scandal sends platinum prices sliding 
Oil slumps on stockpile data 

More asset sales coming from drillers in 2016: Analyst 
Halliburton sheds more jobs in North Dakota 
ND 'man camps' shrinking as drilling declines 
Local contamination cleanup to get $13.2M boost from EPA 
SoCal water supplier looks to recycle sewage 
Upcoming Events 



EPA hears widely different views on methane 
emission threat 


By Dan Elliott 

DENVER (AP) — Over-regulating methane emissions could discourage the use of 
environment-friendly natural gas, an energy industry representative told the Environmental 
Protection Agency on Wednesday. 

However, a former Colorado air quality official countered that such controls would be a cost- 
effective way to fight climate change. 

The EPA heard radically different views as it opened public hearings in Denver on its 
proposal to slash allowable methane emissions from oil and gas production. Sessions were 
also scheduled in Dallas on Wednesday and in Pittsburgh on Sept. 29. 

The proposed Riles are aimed at cutting the emissions by 40 to 45 percent by 2025 compared 
with 2012 levels. 



VW FOIA, EPA 


06/20/2017 


2017-FFP 026035 



















































Volkswagen CEO departs, takes responsibility for 
scandal 


By Geir Moulson and Pan Pylas 

BERLIN (AP) — Volkswagen CEO Martin Winterkom resigned Wednesday, days after 
admitting that the world's top-selling carmaker had rigged diesel emissions to pass U.S. tests 
during his tenure. 

No replacement was announced, and VW still has no easy exit from a scandal that has 
suddenly dented a reputation for trustworthiness that took decades to build. The smog-test 
trickery has wiped out billions in VW's market value and raised the specter of criminal 
investigations and billions more in fines. 

Winterkom took responsibility for the "irregularities" found by U.S. inspectors in VW's 
diesel engines, but insisted he had personally done nothing wrong. 

"I am doing this in the interests of the company even though I am not aware of any 
wrongdoing on my part," his statement said. "Volkswagen needs a fresh start ... I am clearing 
the way for this fresh start with my resignation." 


Volkswagen's clean-car image dirtied by emissions 
scandal 


By Mae Anderson 

NEW YORK (AP) — German engineering may lose some marketing pop after Volkswagen's 
stunning admission that it rigged emissions tests. 

The revelation is particularly damaging since Volkswagen has long pinned its reputation on 
its technological prowess, with the tagline, "Isn't it time for German engineering?," along 
with its focus on environmental sustainability. 

"Brands are all about trust and it takes years and years to develop," says Nigel Currie, an 
independent U.K.-based branding consultant. "But in the space of 24 hours, Volkswagen has 
gone from one people could tmst to one people don't know what to think of." 

The company apologized and the CEO stepped down, but Volkswagen has yet to explain 
how the cheating was allowed to occur. The company risks alienating not only fans of the 
"People's Car," but dealers, the local face of the brand, who feel blindsided by the scandal. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026036 








































Clinton on energy: Modernize infrastructure, fight 
climate change 

By EnergyGuardian 

A day after publicly announcing her opposition to the Keystone XL pipeline, Democratic 
presidential hopeful Hillary Clinton expanded on her reasons for doing so, and outlined her 
vision for the country’s energy future. 

Clinton said in a posting on Medium on Wednesday that she would seek to modernize the 
country's energy infrastructure and develop new partnerships with Canada and Mexico to 
fight climate change in North America. She reiterated interest in creating an infrastructure 
bank to unleash investments in clean energy and said she would strengthen pipeline safety 
regulations and work to replace the country's oldest pipes and riskiest train cars. 

"American energy policy is about more than a single pipeline to transport Canada's dirtiest 
fuel across our country. It's about building our future," Clinton wrote. 

Clinton's Keystone announcement, meanwhile, has won plaudits from some climate activists 
and criticism from Republicans. 


Xi pledges China will shrink barriers to foreign 
investment 


By The Associated Press 

SEATTLE (AP) — Chinese President Xi Jinping met with Chinese and American business 
executives in Seattle on his visit to the U.S., then touted his country's resilient economy. 

Echoing statements he made in a speech Tuesday, Xi said Wednesday that China's economy 
has "big potential" and leaders of the nation will continue to remove barriers to foreign 
investment. 

Xi also spoke about the need for stronger intellectual property protection and other reforms 
in his country. 

China's president got to check out the inside of a new 787 being built for Xiamen Air, 
China's first privately owned airline, when he toured Boeing's massive assembly plant north 
of Seattle. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026037 


















































































Energy industry problems but no recession in 
Canada: Finance Minister 


By Rob Gillies 

TORONTO (AP) — Canada's finance minister says Canada is not in recession now and 
wasn't in recession in the first half of the year despite data showing otherwise. 

Joe Oliver said in an interview with The Associated Press the downturn was largely confined 
to the energy sector. Canada fell into a recession in the first six months of the year, dragged 
down by falling energy prices and economic troubles in China. 

The Canadian economy retreated at an annual pace of 0.5 percent from April through June 
after sliding 0.8 percent the first three months of the year. Two consecutive negative quarters 
are the technical definition of a recession. 

"We don't believe that the economy was in fact in a recession," said Oliver, whose 
Conservative party is seeking re-election on Oct. 19. 



Week in Review - House Panel Moves To Lift Export Ban 


Congress Gears up for Papal Visit. 


Click here to read the brief 

i . 



Is Paris the last big item on Obama's legacy list? 


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06/20/2017 


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Barack Obama is "entirely focused" on building momentum for a meaningful climate deal at 
the U.N. conference in Paris in December, reports Rolling Stone, which had an interview 
with the president. 


Govt, shutdown would be costly for parks: Advocacy group 

A federal government shutdown could cost more than $42 million a day in lost revenue for 
national parks, the head of the National Park Conservation Association warned Congress, 
The Hill reports. 


VW emissions scandal sends platinum prices sliding 

Platinum is used in the auto catalyst technology for diesel engine manufacturing, and traders, 
worried that the scandal around Volkswagen’s emissions testing will give diesel a bad name, 
sent spot platinum prices down around a six-year low Wednesday morning, Platts reports. 


Oil slumps on stockpile data 

Oil dropped Wednesday after the government reported a 1.9 million decline in U.S. crude 
stockpiles last week—a substantially smaller figure than reported by the American Petroleum 
Institute a day earlier. Light, sweet crude for November delivery lost $1.88 a barrel, or 4.1 
percent, to settle at $44.48 a barrel on the Nymex, while in London, Brent fell $1.33 to 
$47.75, The Wall Street Journal reports. 


More asset sales coming from drillers in 2016: Analyst 

FuelFix reports that a new analysis projects that spending cuts by drillers trying to cope with 
continued low oil prices will fuel more asset sales next year. 


Halliburton sheds more jobs in North Dakota 

With drilling in the doldrums, Halliburton is confirming further layoffs from its office in 
Williston, North Dakota, although a spokeswoman wouldn't provide numbers to the Williston 
Herald. 



VW FOIA, EPA 


06/20/2017 


2017-FFP 026039 






















































































































ND 'man camps' shrinking as drilling declines 


The drop in drilling prompted by the slide in crude prices, and the decision by local 
authorities to tighten housing permits, have led to the disappearance of many "man 
camps"—temporary accommodation for oil workers, the Bismarck Tribune reports. 


Local contamination cleanup to get $13.2M boost from EPA 


Communities that have had success in using the Revolving Loan Fund to clean up brownfield 
sites will have access to another $13.2 million from the Environmental Protection Agency, 
The Hill reports. 


SoCal water supplier looks to recycle sewage 

So-called “toilet-to-tap” technology is getting a major new supporter, as Southern 
California’s Metropolitan Water District has announced it’s investing in a plant that will 
recycle sewage to get drinking water, the Los Angeles Times reports. 


Upcoming Events 

• Sep. 23, Dallas: The Environmental Protection Agency to hold a hearing on its proposal 
to cut methane emissions from new and modified oil and gas systems. 11:00 am , 1500 
Marilla Street Dallas, Texas 75201 

• Sep. 23, Denver: The Environmental Protection Agency to hold a hearing on its 
proposed mle to cut methane emissions at new and modified oil and natural gas sites. 
11:00 am , 1595 Wynkoop Street, Denver, CO 80202. 

• Sep. 23, Washington: The Senate Homeland Security and Governmental Affairs 
Committee to hold a hearing to examine the use of agency regulatory guidances in 
rulemaking. 11:00 am , Dirksen 342. 

• Sep. 23, Washington: President Barack Obama to hold a bilateral meeting with Pope 
Francis. 10:15 am , White House. 

• Sep. 24, Washington: Pope Francis to address a joint meeting of Congress 10:00 am , 
U.S. Capitol Building. 



Trouble seeing this email? Click here. 


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ensure you receive uninterrupted delivery, please add the address 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026040 














































to your email address book. 


This email was sent to 




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06/20/2017 


2017-FFP 026041 



To: Millett, John[Millett.John@epa.gov]; Purchia, Liz[Purchia.Liz@epa.gov]; Grundler, 

Christopher[grundler.christopher@epa.gov] 

From: McCabe, Janet 

Sent: Wed 9/23/2015 9:29:02 PM 

Subject: FW: Interview request from TV Channel One, Russia 


Request from Russian tv.... 


From: Marina Doronina [mailto:j Ex. 6 

Sent: Wednesday, September 23, 2015 1:57 PM 
To: Press; McCabe, Janet; Goffman, Joseph 
Subject: Interview request from TV Channel One, Russia 


Dear sirs! 

My name is Marina Doronina, I am producer of weekly summarizing news program Sunday Time on TV 
Channel One, Russia. 


For this Sunday (September 27) we are going to make a topic about unfair advertising and unscrupulous 
producers. 

We would like to tell about Volkswagen's recent story with air pollution scandal, Peanut Corporation of 
America - jury convicted its owner of knowingly shipping out salmonella-contaminated peanut butter and 
hiding the evidence, General Motors - for hiding a fatal ignition-switch defect tied to at least 174 deaths 
and similar cases. 


We would like to make interview with your EPA representative about Volkswagen case 

( http://www.scientificamerican.com/article/volkswaqen-uses-software-to-fool-epa-pollution-tests/ ). 

So we kindly ask you to help us to make this topic. Any time and place for speaker's convenience at this 
week. 


Would be grateful for your help! 


Looking forward to your reply. 
Thanks in advance! 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026042 




The Channel One Russia covers the total audience of around 250 million viewers throughout the world 
and is the most popular TV broadcaster in Russia. 

http://enq.1tvrus.com/proQrams 


With respect and best wishes, 
Marina Doronina 
Sunday Time news 
TV Channel One, Russia 


1 Ex. 6 

L_ 

doronina@dip. 1 tv ,ru 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026043 






To: Brian Lusignan[Brian.Lusignan@ag.ny.gov]; Michael J. 

Myers[Michael.Myers@ag.ny.gov]; Kelley, Rosemarie[Ke!ley.Rosemarie@epa.gov]; Werner, 
Jacqueline[Werner.Jacqueline@epa.gov]; Ben Fisherow 
(Walter.Benjamin.Fisherow@usdoj.gov)[Walter.Benjamin.Fisherow@usdoj.gov]; 
karen.dworkin@usdoj.gov[karen.dworkin@usdoj.gov] 

From: Belser, Evan 

Sent: Wed 9/23/2015 9:29:44 PM 

Subject: RE: EPA-NY Coordination Discussion re VW 

Hello everyone. 


Can we do 10:30 arn or earlier Friday instead of 11am? 


Thanks, 

Evan 


-Original Appointment- 

From: 

Sent: Wednesday, September 23, 2015 10:34 AM 

To: Belser, Evan; Brian Lusignan; Michael J. Myers; Kelley, Rosemarie; Werner, Jacqueline; Ben 
Fisherow (Walter.Benjamin.Fisherow@usdoj.gov); karen.dworkin@usdoj.gov 
Subject: EPA-NY Coordination Discussion re VW 

When: Friday, September 25, 2015 11:00 AM-11:30 AM (UTC-05:00) Eastern Time (US & 
Canada).. 

Where:! 



Evan Belser 

Chief ‘ Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 
Office of Enforcement and Compliance Assurance 
United States Environmental Protection Agency 
202-564-6850 

Do not release this email. This is confidential attorney-client communication and privileged 
attorney work product created for law enforcement purposes. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026044 






To: Belser, Evan[Belser.Evan@epa.gov]; Brian Lusignan[Brian.Lusignan@ag.ny.gov] 

From: Michael J. Myers 

Sent: Wed 9/23/2015 9:38:33 PM 

Subject: RE: EPA-NY Coordination Discussion re VW 


Evan-I have a 10 a.m, but should be free by 10:30. 


Michael J. Myers 

Chief, Affirmative Litigation Section 
Environmental Protection Bureau 
New York State Attorney General 
The Capitol 
Albany, NY 12224 
(518) 776-2382 
michael.mvers@ag.nv.gov 


From: Belser, Evan [mailto:Belser.Evan@epa.gov] 

Sent: Wednesday, September 23, 2015 5:30 PM 

To: Brian Lusignan; Michael J. Myers; Kelley, Rosemarie; Werner, Jacqueline; Ben Fisherow 
(Walter.Benjamin.Fisherow@usdoj.gov); karen.dworkin@usdoj.gov 
Subject: RE: EPA-NY Coordination Discussion re VW 


Hello everyone, 


Can we do 10:30 am or earlier Friday instead of 11am? 


Thanks, 

Evan 


—Original Appointment— 

From: 

Sent: Wednesday, September 23, 2015 10:34 AM 

To: Belser, Evan; Brian Lusignan; Michael J. Myers; Kelley, Rosemarie; Werner, Jacqueline; 
Ben Fisherow (Walter.Beniamin.Fisherow@usdoi.gov ); karen.dworkin@usdoi.gov 

Subject: EPA-NY Coordination Discussion re VW 

When: Friday, September 25, 2015 11:00 AM-11:30 AM (UTC-05:00) Eastern Time (US & 
Canada). 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026045 





Where' 

i 


Non-Responsive 


j 


Evan Belser 


Chief, Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 
Office of Enforcement and Compliance Assurance 
United States Environmental Protection Agency 


202-564-6850 


Do not release this email. This is confidential attorney-client communication and privileged 
attorney work product created for law enforcement purposes. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026046 







To: Belser, Evan[Belser.Evan@epa.gov]; Ben Fisherow 

(Walter. Benjamin. Fisherow@usdoj.gov)[Walter.Benjamin. Fisherow@usdoj.gov]; 

JSmith2@ENRD.USDOJ.GOV[JSmith2@ENRD. USDOJ.GOV] 

From: Kelley, Rosemarie 

Sent: Wed 9/23/2015 9:51:49 PM 

Subject: Re: Meeting with Cruden on VW 

If there is a meeting tomorrow, I plan to attend. Could you add me to the list for 
security? Thanks. 

Rosemarie 


Rosemarie Kelley, Acting Deputy Director 

Office of Civil Enforcement 

Office of Enforcement and Compliance Assurance 

U.S. Environmental Protection Agency 

202 - 564-4014 


From: Belser, Evan 

Sent: Wednesday, September 23, 2015 5:39 PM 

To: Kelley, Rosemarie; Ben Fisherow (Walter.Benjamin.Fisherow@usdoj.gov); 

JSmith2@ENRD.USDOJ.GOV 

Subject: FW: Meeting with Cruden on VW 


Rosemarie, for your reference. 


Ben or Justin: could you forward the calendar invitation for this meeting to Rosemarie and me? 
Alternatively, could you confirm the meeting location? John’s office? 


Evan 


Evan Belser 

Chief, Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026047 



Office of Enforcement and Compliance Assurance 
United States Environmental Protection Agency 
202-564-6850 


Do not release this email. This is confidential attorney-client communication and privileged 
attorney work product created for law enforcement purposes. 


From: Fisherow, Walter Benjamin (ENRD) [mailto:Walter.Benjamin.Fisherow@usdoj.gov] 
Sent: Wednesday, September 23, 2015 1:55 PM 
To: Belser, Evan 

Subject: Fwd: Meeting with Cruden on VW 



I- 


Sent from my iPhone 
Begin forwarded message: 

From: "Smith, Justin (ENRD)" < JSmith2@ENRD.USDOJ.GOV > 

Date: September 23, 2015 at 1:18:21 PM EDT 

To: "Fisherow, Walter Benjamin (ENRD)" < WFisherow@ENRD.USDOJ.GOV > 
Cc: "Wilson, Karen L (OLA)" < kwilson@jmd.usdoi.qov > 

Subject: Re: Meeting with Cruden on VW 

Here is my conference line number: 


Conference number is 


Non-Responsive 


followed by # 


Karen can you send to EPA leg affairs? And Ben to OECA? 


Justin 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026048 






Sent from my iPhone 


On Sep 23, 2015, at 1:02 PM, Fisherow, Walter Benjamin (ENRD) 

< WFisherow@ENRD.USDOJ.GOV > wrote: 

Nope. Good idea. Can you arrange one? 

Sent from my iPhone 

On Sep 23, 2015, at 10:47 AM, Smith, Justin (ENRD) 

< JSmith2@ENRD.USDOJ.GOV > wrote: 

We may want to provide conference number in case multiple folks are dialing in. 
Ben have you given OECA a conference number? 


Justin 

Sent from my iPhone 

On Sep 23, 2015, at 10:42 AM, Wilson, Karen L (OLA) < kwilson@imd.usdoi.qov > 
wrote: 

Should they call into us—need number in conf room or should we provide 
them with a call in number? 


Karen L Wilson 
Attorney Advisor 
Office of Legislative Affairs 
U.S. Department of Justice 

Direct: 202-616-0658 
Fax: 202-514-9353 


From: Smith, Justin (ENRD) 

Sent: Tuesday, September 22, 2015 2:40 PM 
To: Wilson, Karen L (OLA) 

Subject: RE: Meeting with Cruden on VW 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026049 



Phone is fine. Thanks! 


Justin 


From: Wilson, Karen L (OLA) 

Sent: Tuesday, September 22, 2015 2:07 PM 

To: Smith, Justin (ENRD) < JSmith2@ENRP.USPOJ.GOV > 

Subject: RE: Meeting with Cruden on VW 


I spoke to EPA leg and there are 2 people from their leg shop who will 
participate. Can they call in or do they need to come to the building? 


Karen L Wilson 
Attorney Advisor 
Office of Legislative Affairs 
U.S. Department of Justice 

Direct: 202-616-0658 
Fax: 202-514-9353 


From: Smith, Justin (ENRD) 

Sent: Tuesday, September 22, 2015 12:56 PM 
To: Wilson, Karen L (OLA) 

Subject: RE: Meeting with Cruden on VW 


Have sent outlook invite. Will you invite EPA counterpart or should I take 
care of identifying the right folks over there? 


J 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026050 



From: Wilson, Karen L (OLA) 

Sent: Tuesday, September 22, 2015 12:43 PM 

To: Smith, Justin (ENRD) < JSmith2@ENRP.USPOJ.GOV > 

Subject: RE: Meeting with Cruden on VW 


Yes. 


Karen L Wilson 
Attorney Advisor 
Office of Legislative Affairs 
U.S. Department of Justice 

Direct: 202-616-0658 
Fax: 202-514-9353 


From: Smith, Justin (ENRD) 

Sent: Tuesday, September 22, 2015 12:28 PM 
To: Wilson, Karen L (OLA) 

Subject: Meeting with Cruden on VW 


House Energy and Commerce is apparently setting up a hearing on the VW 
issue with EPA participation (and asking for EPA dox) in the next few weeks. 


Ex. 5, 7 


John would like to set up a meeting on this for Thursday. His schedule is a 
bit tight, but 1:30 would work. Can you attend then? 


We will want to invite your EPA counterparts as well. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026051 




Justin 


R. Justin Smith 

Assistant Section Chief 

Law and Policy Section 

Environment and Natural Resources Division 

Department of Justice 

( 202 ) 514 0750 

Justin.Smith@usdoi.gov 


06/20/2017 


2017-FFP 026052 



To: Giles-AA, Cynthia[Giles-AA.Cynthia@epa.gov] 

Cc: Belser, Evan[Belser.Evan@epa.gov] 

From: Brooks, Phillip 

Sent: Wed 9/23/2015 9:51:56 PM 

Subject: Re: Volkswagen 


I have been corresponding with the team this morning. [ 
[jx.T] I will fill you in when we get a chance to talk. 


Ex. 7 


Sent from my iPhone 


On Sep 24, 2015, at 5:50 AM, Giles-AA, Cynthia < Giles-AA.Cvnthia@epa.gov > wrote: 


Sent from my iPhone 
Begin forwarded message: 


From: "Hoffer, Melissa (AGO)" < Melissa. Hoffer@Mas sMai 1. State. M A. US > 

Date: September 23, 2015 at 11:26:26 PM GMT+8 

To: " giles-aa.cvnthia@epa.gov " < giles-aa.cvnthia@epa.gov > 

Cc: "Courchesne, Christophe (AGO)" < christophe.courchesne@state.ma.us > 

Subject: Volkswagen 


Hi Cynthia: I hope this finds you well. Is there a time this week EPA could speak 
with MA about the Volkswagen enforcement—we’d appreciate the opportunity. 


Thanks and regards, 
Melissa 


Melissa A. Hoffer 

Chief, Energy and Environment Bureau 
Office of Attorney General Maura Healey 
One Ashburton Place - Boston, MA 02108 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026053 







Tel. 617-963-2322 


Fax 617-727-9665 

Melissa.Hoffer@state.ma.us 
www .mass.gov/ago 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026054 



To: OTAQ[OTAQ@epa.gov] 

From: Kaul, Meetu 

Sent: Wed 9/23/2015 9:57:39 PM 

Subject: FW: Thanks for your service 


Ms.Meetu Kaul, Attorney-Advisor 

United States Environmental Protection Agency 
Office of Civil Enforcement - Air Enforcement Division 
WJC South, Room 1117B 
1200 Pennsylvania Ave., N.W. (MC 2242A) 
Washington D.C. 20460 (Courier 20004) 

Direct: 202-564-5472 
Fax: 202-564-0069 
Email: kaul.meetu@epa.gov 


Ex. 6 


Front 

Sent:"Wednes(3ay7S'eptember"2"3,"20T5"4:57PIVI 
To: Kaul, Meetu 

Subject: Thanks for your service 


Dear Kaul, 

I can't find Dr. Professor Winterkom's email- and heck he resigned today anyway... 

so he probably does not want to buy my almost brand new VW diesel. 

So, I thought i'd send you a note— your email was much easier to find on the notice to VW. 

I hope VW gets fined the absolute maximun possible. I am outraged. What is worse is that I 
purchased this car based on its very high "green car" ratings and numerous awards bestowed on 
it by many non-profit organizations. Thanks for being a part of what is likely a large team of 
people working together to bring this act of disgusting fraud to light! 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026055 









I hope the fix is quick. I can't wait to be out of this car- which I had been enjoying- having been 
duped. I will never ever ever buy VW again. 

All Best in your work for clean air, 

Ex 6 

Saugerties, NY 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026056 




From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 10:09:48 PM 

Subject: 10 of the biggest automotive scandals ever 

MAIL_CONVERSATION_TOPIC: 10 of the biggest automotive scandals ever 

Created: Fri 3/18/2016 6:18:11 PM 

<p>Volkswagen isn't the first carmaker to get into hot water over some less-than-noble 
practices or to be hit hard by scandal.</p> 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026057 



"To: I Non-Responsive 

— ■ — ■ — ■ — ■ — ■ — ■ — ■ — ■ — ■ — ■ ^J.T . — . — . — . — . — . — . — . — •^ LI F .-.-.a.-.-.-.-.-.. 

From: Brooks, Phillip 

Sent: Wed 9/23/2015 10:12:17 PM 

Subject: Re: Nats game 


The VW thing is going crazy I have been on email for the last hour. This was not the most 
opportune time to travel. 



VW FOIA, EPA 


06/20/2017 


2017-FFP 026058 












To: Peter Bigelow[peter.bigelow@teamaol.com] 

Cc: Birgfeld, Erin[Birgfeld.Erin@epa.gov] 

From: Bunker, Byron 

Sent: Wed 9/23/2015 10:20:52 PM 

Subject: Re: Volkswagen/emissions 

Hi Pete, 

I am forwarding your email to our communications director who can queue it with similar requests. Given 
the status of our investigation we won't be in a position to share more information on VW beyond what is 
already in the public NOV. 

Thanks, 

Byron 

Sent from my iPhone 

> On Sep 23, 2015, at 5:16 PM, Peter Bigelow <peter.bigelow@teamaol.com> wrote: 

> 

> 

> Hi Byron, 

> 

> My name is Pete Bigelow. I'm a reporter at AOL, where I cover automotive technology, and as you can 
imagine this week, Volkswagen emissions. 

> 

> I'm wondering if you might have a few minutes to discuss the emissions testing at some point. 

> 

> I'd love to get your perspective not only on the particulars of VW, but industry-wide testing in general. 

> 

> Understand you're probably swamped, but I certainly appreciate any insight you can lend. I can be 
reached any time at (303) 443-4441, and look forward to hearing from you. 

> 

> Sincerely, 

> 

> Pete Bigelow 

> Reporter | AOL 

> @PeterCBigelow 


VW FOIA, EPA 


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To: Bunker, Byron[bunker.byron@epa.gov] 

From: Peter Bigelow 

Sent: Wed 9/23/2015 10:30:50 PM 

Subject: Re: Volkswagen/emissions 

Many thanks, Byron. 

Certainly understand that you cannot comment specifically on Volkswagen. And if there's a 
chance to talk more broadly about testing procedures, etc., look forward to arranging that 
discussion with you and your comms director. 

Appreciate you getting back to me, and look forward to talking/meeting down the road. 
Sincerely, 

Pete 


On Wed, Sep 23, 2015 at 6:20 PM, Bunker, Byron < bunker.byron@,epa.gov > wrote: 

Hi Pete, 

I am forwarding your email to our communications director who can queue it with similar 
requests. Given the status of our investigation we won't be in a position to share more 
information on VW beyond what is already in the public NOV. 

Thanks, 

Byron 

Sent from my iPhone 

> On Sep 23, 2015, at 5:16 PM, Peter Bigelow < peter.bigelow@teamaol.com > wrote: 

> 

> 

> Hi Byron, 

> 

> My name is Pete Bigelow. I'm a reporter at AOL, where I cover automotive technology, 

and as you can imagine this week, Volkswagen emissions. 

> 

> I'm wondering if you might have a few minutes to discuss the emissions testing at some 

point. 

> 

> I'd love to get your perspective not only on the particulars of VW, but industry-wide 
testing in general. 

> 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026060 



> Understand you're probably swamped, but I certainly appreciate any insight you can lend. 
I can be reached any time at (303) 443-4441. and look forward to hearing from you. 

> 

> Sincerely, 

> 

> Pete Bigelow 

> Reporter | AOL 

> @PeterCBigelow 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026061 



To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: The Hill 

Sent: Wed 9/23/2015 10:49:42 PM 

Subject: Overnight Energy & Environment: Pope backs Obama on climate 



POPEMANIA ON CLIMATE RULE: Pope Francis backed President Obama's carbon 
limits for power plants Wednesday, calling the rule "encouraging." 

America has the lowest gasoline prices anywhere in the world. That boosts household budgets 
by billions of dollars. See how exporting crude would lead to higher fuel prices and hurt our 
economy. http://crudecoalition.org/resources/studies/ 

SPONSOR-GENERATED CONTENT 


Francis wasn't expected to wade too deeply into politics, but his speech at the White House 
did touch on some sensitive issues in the United States, including the climate rule. 

"Mr. President, I find it encouraging that you are proposing an initiative for reducing air 
pollution," the leader of the Catholic Church said. 


"Accepting the urgency, it seems clear to me also that climate change is a problem which can 
no longer be left to our future generations." 

He went on to speak longer about climate change than any other issue in his first major 
address on American soil, saying "we are living at a critical moment of history" in terms of 
saving the planet. 


At the same event, Obama told Francis the White House supports "your call to all world 
leaders to support the communities most vulnerable to a changing climate and to come 
together to preserve our precious world for future generations." 

Read more here . 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026062 













VW CHIEF OUT: Volkswagen Group chief Martin Winterkom stepped down Wednesday 
amid international anger over the company's actions to cheat on United States vehicle 
emissions tests. 


Winterkom said in a statement that he is "shocked" by the events in recent days and took 
responsibilities for the "irregularities" in testing. 

The resignation followed tough grilling on the scandal from Volkswagen's board. 

The Environmental Protection Agency (EPA) revealed last week that some Volkswagen 
diesel cars were programmed to cheat on pollutions tests and emit far less than they would in 
normal circumstances. 


Read more here. 


ON TAP THURSDAY I: Pope Francis will speak Thursday morning to a joint session of 
Congress, the first such speech by a pope in history. He is widely expected to devote attention 
to climate change and urge international action to fight it. 


ON TAP THURSDAY II: The Heritage Foundation will host a discussion on the ongoing 
state visit of Chinese President Xi Jinping, with Sen. Cory Gardner (R-Colo.) giving keynote 
remarks. Topics will include China's environmental record. 

FOR YOUR CALENDARS: The Hill will host a discussion on Sept. 29 about the EPA's 
proposed rule to reduce methane emissions from the oil and natural gas sector, as well as 
other government and private efforts to cut methane pollution. The Hill's Timothy Cama and 
Bob Cusack will moderate. Featured speakers will include Center for Climate Change and 
Energy Solutions President Bob Perciasepe and James Bradbury from the Energy 
Department's energy policy office. The event's free, so check out the details and register to 
attend here: http: bn.h 1 LxjDs6 


AROUND THE WEB: 


The EPA heard some very diverse opinions in Denver Wednesday at a public hearing on its 
methane emissions rule, CBS Denver reports. 

The federal government is planning to lease nearly 344,000 acres off New Jersey's coast for 
wind energy development, the Associated Press reports. 

IN CASE YOU MISSED IT: 

Check out Wednesday's stories ... 

- VW scrubs diesel references from social media, YouTube 

- Clinton outlines energy infrastructure plan 

- Senators unveil climate bill ahead of pope's speech 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026063 






















- P a rk advocacy group urges Congress to avoid shutdown 

- EPA puts $12.3M in program to help cities cleanup contaminated sites 

- Volkswagen chief quits over emissions scandal 

- Pope Francis gets political in remarks at White House 

- Pope praises Obama's climate change rule 

- US regulators say French company manipulated gas market 

Please send tips and comments to Timothy Cama, tcama@thehill.com : and Devin 
Henry, dhenry@thehill.com . Follow us on Twitter: @Timothy_Cama . @.dhenry . @thehill 


Forward email 


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VW FOIA, EPA 


06/20/2017 


2017-FFP 026064 





To: r Brooks, _Phillip[Brooks.Phillip@epa.gov] 

From: j Ex. 6 

Sent: ‘Wa'W237^015 10:53:58 PM 

Subject: Re: Nats game 


Hi yes the vw news is fascinating, f N on-Rpg nonsive 


Non-Responsive 


> On Sep 23, 2015, at 6:12 PM, Brooks, Phillip <Brooks.Phillip@epa.gov> wrote: 

> 


> Sweet. The VW thing is going crazy I have been on email for the last hour. This was not the most 
opportune time to travel. 



VW FOIA, EPA 


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From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Wed 9/23/2015 11:09:41 PM 

Subject: Volkswagen's CEO steps down over emissions scandal 

MAIL_CONVERSATION_TOPIC: Volkswagen's CEO steps down over emissions scandal 

Created: Fri 3/18/2016 6:18:12 PM 

<p>Volkswagen AG Chief Executive Officer Martin Winterkom, who during nearly a decade 
at the helm catapulted VW to the top spot in global sales, stepped down after admitting the 
automaker cheated on U.S. emissions tests </p> 

View article... 


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To: Grundler, Christopher[grundler.christopher@epa.gov]; Reynolds, 

Thomas[Reynolds.Thomas@epa.gov]; Conger, Nick[Conger.Nick@epa.gov]; Valentine, 
Julia[Valentine.Julia@epa.gov]; Hengst, Benjamin[Hengst.Benjamin@epa.gov]; Birgfeld, 
Erin[Birgfeld.Erin@epa.gov]; Millett, John[Millett.John@epa.gov] 

From: Purchia, Liz 

Sent: Wed 9/23/2015 11:09:41 PM 

Subject: Reuters: Meet the man who uncovered Volkswagen's lie 


Meet the man who uncovere 
'olkswaaen's lie 


34 Mins AgoReuters 



Daniel Carder, an unassuming 45-year-old engineer with gray hair and blue jeans, 
appears an unlikely type to take down one of the world's most powerful companies. 

But he and his small research team at West Virginia University may have done exactly 
that, with a $50,000 study which produced early evidence that Volkswagen AG was 
cheating on U.S. vehicle emissions tests, setting off a scandal that threatens the 
German automaker's leadership, reputation and finances. 

"The testing we did kind of opened the can of worms," Carder says of his five-member 
engineering team and the research project that found much higher on-road diesel 
emission levels for VW vehicles than what U.S. regulators were seeing in tests. 

The results of that study, which was paid for by the nonprofit International Council on 
Clean Transportation (ICCT) in late 2012 and completed in May 2013, were later 
corroborated by the U.S. Environmental Protection Agency and California Air Resources 
Board (CARB). 

Carder's team—a research professor, two graduate students, a faculty member and 
himself— performed road tests around Los Angeles and up the West Coast to Seattle 
that generated results so pronounced that they initially suspected a problem with their 
own research. 

Read More The rapid fall of VW's Winterkorn 

"The first thing you do is beat yourself up and say, 'Did we not do something right?' You 
always blame yourself," he told Reuters in an interview. "(We) saw huge discrepancies. 


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There was one vehicle with 15 to 35 times the emissions levels and another vehicle with 
10 to 20 times the emissions levels." 

Despite the discrepancies, a fix shouldn't involve major changes. "It could be something 
very small," said Carder, who's the interim director of West Virginia University's Center 
for Alternative Fuels, Engines and Emissions in Morgantown, about 200 miles (320 km) 
west of Washington in the Appalachian foothills. 

"It can simply be a change in the fuel injection strategy. What might be realized is a 
penalty in fuel economy in order to get these systems more active, to lower the 
emissions levels. 

Carder said he’s surprised to see such a hullabaloo now, because his team's findings 
were made public nearly a year and a half ago. 

"We actually presented this data in a public forum and were actually questioned by 
Volkswagen," said Carder. 

The ICCT's research contract to Carder's team was sparked by separate findings by the 
European Commission's Joint Research Centre, which showed a discrepancy between 
test results and real world performance in European diesel engines. 

The diesel vehicles chosen for the West Virginia study were the VW Passat, the VW 
Jetta and the BMW X5. Unlike the VW vehicles, Carder said the BMW vehicle 
"performed very nicely—at, or below, the certification emission levels." 

West Virginia University is not new to ground-breaking emissions research, having 
helped create the first technology to measure vehicle emissions on the road more than 
15 years ago. 

Carder belonged to a 15-member West Virginia University team that pioneered portable 
emissions testing as part of a 1998 settlement between the U.S. Justice Department 
and several heavy duty diesel engine makers including Caterpilla r and Cummins Engine 
Co. 

The manufacturers agreed to pay $83.4 million in civil penalties after federal officials 
found evidence that they were selling heavy duty diesel engines equipped with "defeat 
devices" that allowed the engines to meet EPA emission standards during testing but 
disabled the emission control system during normal highway driving. 

Read More VW had previous run-in over 'defeat devices' 

When the news about Volkswagen broke last Friday, Carder heard from some of the 
heavy diesel engine manufacturers that were part of the consent decree. 

"They saw what had happened and called to say: 'Good job, you guys,'" Carder said. 
"Some folks said: 'How did they not learn from our mistakes 15 years ago?’" 


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Regarding his role in unearthing the current scandal, Carder said there was no 
particular sense of excitement when his team confirmed that the higher VW emission 
results were real and not a consequence of faulty measurements. 

"There's no incentive for us to pass or fail," he said. "Obviously, we don't want to see 
something spewing emissions and polluting the environment. But we really have no 
horse in the race, as they say." 


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To: Grundler, Christopher[grundler.christopher@epa.gov]; Hengst, 

Benjamin[Hengst.Benjamin@epa.gov]; Bunker, Byron[bunker.byron@epa.gov] 

From: Leila Cook 

Sent: Wed 9/23/2015 11:30:48 PM 

Subject: NYTimes: Volkswagen Test Rigging Follows a Long Auto Industry Pattern 
this says the Europeans have data on other Diesel manufacturers. 


http://www.nytimes.com/2015/09/24/business/international/volkswagen-test-rigging-follows-a-long-auto- 
industry-pattern.html?smid=nytcore-ipad-share&smprod=nytcore-ipad 

Ever since governments began regulating cars, automakers have been finding ways to cheat to improve 
data on emissions, gas mileage and safety. 


Sent from my iPad 


VW FOIA, EPA 


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PROFILE 


Wry urban ai r qua I ity 
hasn’t been improving 


Irrproving env/irorrrental 
assessrrentetf urtoan 
vehicle amissions.., 


A ir quality in European towns and 
/Xcities hasn’t been improving as 
f Vxpected. The evermore 
stringent BJ chicle emission 
standards were perceived to deliver 
cleaner air, but levels of a key 
pollutant in our busy streets haven’t 
been felling. As concentrations of the 
pollutant in question, nitrogen dioxide 
(N0 2 ), are often above B3 air quality 
standards (limit values) in European 
urban areas, nations are exposed to 
potential infraction fines for non- 
compliance with BJ law. There’s also 
stronger evidence of the health 
effects of emerging, with the 
World Health Organization classifying 
diesel engine exhaust as carcinogenic 
to hunans in June 2012. 

So why hasn’t air quality been 
improving? Modem diesel vehicle 
emission controls underperform in 
urban driving conditions when 
exhaust gases from the engine are 
relatively cool, inhibiting the 
operation of catalysts and filters. 

Such stop-start traffic motions are 
commonplace in the streets of our 
towns and cities, but aren’t 
adequately represented in the 
legislated vehicle emission standard 
test conditions. 

By surveying the emissions from large 
numbers of vehicles as they drive 
throucfi a testing station, research at 
the Institute for Transport Studies 
(nS) has highlighted the deficiencies 
in diesel vehicle emission controls in 
urban driving conditions. The remote 
sensing approach scans the exhaust 
plume trailing a vehicle as it drives 
throucji the measurement station, 
whilst accounting for fluctuating 
background levels. Knowing the 
vehicle’s specification (e.g. 2008, 
diesel car, 2.0 litre, Audi M) from its 
number plate allows the emission 


performance of individual vehicles 
and fleet averages to be assessed. 

By amassing a large database of 
more than a quarter of a million 
remote sensing measurements with 
corresponding detailed vehicle 
information, the oxides of nitrogen 
emission performance of diesel cars 
and vans in urban driving conditions 
have been shown to have changed 
little in the past 10-20 years. As it is 
now expected that future BJ measures 
and vehicle emission standards are 
also likely to under deliver, the task 
of improving urban air quality is going 
to be significantly more challenging 
than was envisaged. 

Worryingly from a local air quality 
perspective, diesel cars are more 
popular than ever. In 2010, sales of 
diesel cars overtook those with petrol 
engines for the first time. Brropean 
Commission and IK policies are 
encouraging the purchase of new 
diesel cars over their petrol-driven 
counterparts, due to their lower 
carbon dioxide (CD 2 ) emission 
ratings. Wiilst this shift in purchasing 
behaviour is helping motor manufac¬ 
turers meet their average car OC^ 
rating targets (gX^/km) in place 
from 2012 onwards, the trade-off has 
been a halt in urban air quality 
improvements. Motor manufacturers 
face a similar trade-off between OD 2 
and emissions of local air quality 
pollutants, but at a vehicle level as 
they optimise the operation of the 
engine and emission controls. Motor 
manufacturers are complying with the 
emissions legislation by developing 
exhaust after-treatment technologies 
and configuring their operation for the 
test conditions. The accelerations in 
the artificial test cycle are, however, 
slight in comparison with those of 
‘normal’ driving. 


Real-world driving with prompter 
accelerations demands more power 
from the engine. At higher power 
demands more emphasis is given to 
vehicle performance than the 
emissions of local air quality 
pollutants. As the complexity and 
sophistication of engine management 
and exhaust after-treatment systems 
have increased, so has the potential 
for motor manufacturers to optimise 
their operation for the legislated test 
conditions to a greater degree, at the 
disregard of ‘normal’ on-road 
operations. There are also concerns 
about hew the performance of the 
complex, multi-component diesel 
emission control systems will degrade 
with time and usage. 

Routes to cleaner asr 

If urban air quality is to improve and 
standards are to be achieved, it is of 
the paramount importance that the 
red generation of Brro 6 diesel 
vehicles emit considerably less 
and N3 2 in urban driving conditions. 
The Brio 6 legislation will be 
extended to reflect emissions under 
‘normal conditions’, but the testing 
methodology is not yet defined. Defra 
and DIT should ensure that the Euro 
6 testing and evaluation methods 
extensions do deliver reductions in 
emissions on the road, in line 
with the standards. 

The development and putting in place 
of Lew Emission Strategies that 
incentivise and support the innovation 
of cleaner vehicle technologies will 
benefit both the global and local 
environment. Improving the resolution 
and reliability of vehicles’ C0 2 and 
fuel-efficiency ratings, for example, 
providing more realistic figures for 
both urban and motorway driving 
conditions, would help consumers 



Public Service Review: UK Science & Technology: issue 7 


VW FOIA, EPA 


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select the cleanest and eneigy- 
efficient vehicle for their needs. 

As the current testing procedures 
don’t adequately represent real urban 
driving conditions with its frequent 
stop-start motions, the benefits of 
hybrid drive systems that recover and 
re-use the kinetic eneigy that would 
have otheiwise been lost under 
braking are currently under sold. As 
modem petrol and petrol-hybrid cars 
emit NQ< at very lew levels in urban 
driving, measures that promote these 
as city cars, over those with diesel 
engines, would be beneficial. 

The balance of air quality research 
effort and funding has historically 
been focused on studying the problem, 
not its source. Vfehicle emission 
assessments from independent 
laboratories are sparse. If the recent 
gulf in undeistanding between the 
perceived and actual emission 
performance of vehicles is not to be 
repeated, more effort should be 
directed at investigating \ehicle 
emissions, whether in a laboratory or 
on the road. The emergence of the 
remote sensing as a cost-effective 
tool for independently assessing the 


on-road emission performance of 
thousands of vehicles new offers an 
opportunity to: 

* Get an early evaluation of Euro 6 
diesel vehicles as they penetrate 
the operational fleet, greatly 
enhancing projections of vehicle 
emissions and air quality levels 
for future years; 

* Study whether vehicles engines 
and their emission controls 
degrade with age and usage as 
expected; and 

* Identify high-emitting vehicles. 


Vehicle emission research at 


As well as maintaining and operating 
the only vehicle emission remote 
sensing facility currently in the UK 
flS has also developed, validated 


and demonstrated the ned 


generation of coupled traffic-vehicle 
emission modelling tools that are 
better able to consider urban stop- 
start driving conditions, driver 
behaviour, road gradient, etc. 


Dynamic modelling of the whole 
vehicle fleet of light and heavy-duty 
vehicles, both old and new, provides 


Public Service 


improved environmental assessments 
of traffic networks, management 
strategies, local sustainable transport 
initiatives and vehicle technology 
developments. This well-specified 
traffic-vehicle emission modelling 
approach is currently providing the 
most reliable assessments hitherto of 
policies such as Lew Bnission Zones, 
which are being given serious consid¬ 
eration across Europe as a key policy 
to combat worsening air. 



FOIA, EPA 


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2017-FFP 026072 
















To: Bunker, Byron[bunker.byron@epa.gov] 

From: Grundler, Christopher 

Sent: Thur 9/24/2015 1:25:20 AM 

Subject: Fwd: Reuters inquiry about VW letter to customers 

j Ex. 5 | 

i_ 1 

Christopher Grundler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 

Begin forwarded message: 


From: "Purchia, Liz" < Purchia.Liz@epa.gov > 

Date: September 23, 2015 at 9:10:13 PM EDT 

To: "Valentine, Julia" < Valentine.Julia.@epa.gov >. "Grundler, Christopher" 

< grundler.christopher@epa.gov >. "Hengst, Benjamin" < Hengst.Beniamin@epa.gov >. 
"Millett, John" < MillettJohn@epa.gov > 

Cc: "Conger, Nick" < Conger.Nick@,epa.gov >. "Hull, George" < Hull.George@epa.gov > 

Subject: Re: Reuters inquiry about VW letter to customers 


Ex. 5 

LTzTurcHia 
U.S. EPA 
202-564-6691 
202-841-2230 


On Sep 23, 2015, at 9:07 PM, Valentine, Julia < V3lentine.Julia@epa.gov > wrote: 
Liz, 

Please advise 

Sent from USEPA iPhone 

Begin forwarded message: 

From: "StClair, Christie" < StClair.Christie@,epa.gov > 


VW FOIA, EPA 


06/20/2017 


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Date: September 23, 2015 at 9:05:38 PM EDT 
To: "Valentine, Julia" < Valentine.Julia@epa.gov > 

Subject: Fwd: Reuters inquiry about VW letter to customers 


Christie St. Clair 

Office of Public Affairs 
Environmental Protection Agency 

o: 202-564-2880 
m: 202-768-5780 

Begin forwarded message: 

From: < rorv.carrol 1 @thom sonreuters.com > 

Date: September 23, 2015 at 8:31:58 PM EDT 

To: < stclair.christie@epa.gov >., < milbourn.cathv@epa.gov > 
Cc: < Alexandria.Sag6@thoynsonreuters.com > 

Subject: Reuters inquiry about VW letter to customers 

Greetings from SF, 


Reuters has obtained letters from Volkswagen informing customers in April 
that they should bring in diesel cars to dealers for a software update. VW 
said the “vehicle’s engine management software has been improved to 
assure your vehicle’s tailpipe emissions are optimized and operating 
efficiently.” It says the action was being taken in cooperation with US EPA 
and CARB. The subject of the letter is “Emissions Service Action 2306.” 


What does US EPA know about these letters? How are they related to the 
company’s cheating on NOx tests? Any information appreciated - we are 
going to press with this very soon. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026074 



Best, Rory 


Rory Carroll 
Correspondent 

Reuters 


San Francisco 

Office: 415-344-6093 
Mobile: 503-830-8017 

rorv.carroll@thomsonreuters.com 

@rorydcarroll 


06/20/2017 


2017-FFP 026075 




VW FOIA, EPA 


06/20/2017 


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From: < rory.earroll@thomsonreuters.com > 

Date: September 23, 2015 at 8:31:58 PM EDT 

To: < stclair.christie@epa.gov >., < milbourn.cathv@epa.gov > 
Cc: < A1 exandria.Sage@thom sonreuters,com > 

Subject: Reuters inquiry about VW letter to customers 


Greetings from SF, 


Reuters has obtained letters from Volkswagen informing customers in April 
that they should bring in diesel cars to dealers for a software update. VW 
said the “vehicle’s engine management software has been improved to 
assure your vehicle’s tailpipe emissions are optimized and operating 
efficiently.” It says the action was being taken in cooperation with US EPA. 
and CARB. The subject of the letter is “Emissions Service Action 2306.” 


What does US EPA know about these letters? How are they related to the 
company’s cheating on NOx tests? Any information appreciated - we are 
going to press with this very soon. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026077 




Best, Rory 


Rory Carrol! 
Correspondent 

Reuters 


San Francisco 

Office: 415-344-6093 
Mobile: 503-830-8017 

rorv.carroll@thomsonreuters.com 

@rorydcarroll 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026078 



To: Hengst, Benjamin[Hengst.Benjamin@epa.gov] 

Cc: Bunker, Byron[bunker.byron@epa.gov]; Cook, Leila[cook.Ieila@epa.gov]; Birgfeld, 

Erin[Birgfeld.Erin@epa.gov]; Charmley, Wiiliam[charmley.william@epa.gov]; Grundler, 
Christopher[grundler.christopher@epa.gov]; Nam, Ed[nam.ed@epa.gov] 

From: Cohen, Janet 

Sent: Thur 9/24/2015 1:34:44 AM 

Subject: Re: FYI 


Ex. 5 


> On Sep 23, 2015, at 8:35 PM, Hengst, Benjamin <Hengst.Benjamin@epa.gov> wrote: 

> 

> 

> 

> _ 

> From: Niebling, William 

> Sent: Wednesday, September 23, 2015 7:20 PM 

> To: Hengst, Benjamin 

> Subject: FYI 

> 

> You may have seen this, but John Walke is apparently willing to attempt to calculate the extra nox: 

> http://www.bloomberg.com/news/articles/2015-09-23/vw-cheating-added-pollution-of-as-many-as-19- 
million-u-s-cars 

> 

> -Wm. 

> 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026079 




To: Hengst, Benjamin[Hengst.Benjamin@epa.gov]; Cook, Leila[cook.Ieila@epa.gov]; Birgfeld, 

Erin[Birgfeld.Erin@epa.gov] 

Cc: Charmley, William[charmley.william@epa.gov]; Grundler, 

Christopher[grundler.christopher@epa.gov]; Nam, Ed[nam.ed@epa.gov] 

From: Cohen, Janet 

Se nt: r ..Xhujc.9/2A/20.1R..1.-.d.l: El. AM _ 

Subject: 


FYI 



Begin forwarded message: 


From: "Nam, Ed" < nam.ed@epa.gov > 

Date: September 22, 2015 at 11:44:23 AM EDT 

To: "Sargeant, Kathryn" < sargeant.kathrvn@epa.gov >. "Cohen, Janet" 

< cohen,ianet@epa.gov >. "Choi, David" < Choi.David@,epa.gov > 

Cc: "Olechiw, Michael" < olechiw.michael@epa.gov >. "Wehrly, Line" 
< wehrlv.linc@,epa.gov >. "Snyder, Jim" < Snvder.Jim@,epa.gov >. "Ball, Joel" 
< ball.ioel@epa.gov >. "Bunker, Byron" < bunker.bvron@epa.gov > 

Subject: RE: (OECA / OTAQ) DDL: 4:30 pm; Canadian Broadcasting re: VW 



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I 



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Begin forwarded message: 


From: "Valentine, Julia" < Valentine.Julia@epa.gov > 

Date: September 21, 2015 at 3:35:37 PM EDT 

To: "Birgfeld, Erin" < Birgfeld.Erin@epa.gov >. "Millett, John" 

< Millett.John@epa.gov >. "Senn, John" < SennJohn@epa.gov > 

Cc: "Conger, Nick" < Conger.Nick@,epa.gov > 

Subject: (OECA / OTAQ) DDL: 4:30 pm; Canadian Broadcasting re: VW 
DEADLINE: on deadline for evening news 
Abby Thom 
CBC 

abbv.thom@cbc.ea 


Hello 


I work at the National newscast at the Canadian Broadcasting Corporation. 


Tonight we plan to lead our broadcast with the Volkswagen emissions test rigging, and 
the subsequent fallout. 


I'm wondering if you can tell me, or estimate, how much additional pollution has been 
released because of the excess emissions. 


IE...if 482,000 vehicles emitted 40x as much nitrogen oxide as the national standard 
since 2008, what amount of NOx would that amount to, or compare to? As much as a 
coal power plant emits in a year - or more - for example?? 


A response this afternoon would be greatly appreciated, since we'll be broadcasting 
this story tonight. 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026083 



Julia P. Valentine 
Office of Public Affairs 
U.S. ERA 

202.564.2663 direct 
202.740.1336 m/txt 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026084 



To: Fisherow, Walter Benjamin (ENRD)[Walter.Benjamin.Fisherow@usdoj.gov] 

From: Belser, Evan 

Sent: Thur 9/24/2015 2:39:18 AM 

Subject: Re: Meeting with Cruden on VW 

Thank you Ben. 

On Sep 23, 2015, at 10:24 PM, Fisherow, Walter Benjamin (ENRD) 

< Wal ter.B enianLhn.Fishcrow@usdoi.gov > wrote: 


Meeting is in 


Non-Responsive j. 


Same room as last time, Evan. 


Sent from my iPhone 


On Sep 23, 2015, at 5:39 PM, Belser, Evan < 6elser.Evan@epa.gov > wrote: 


Rosemarie, for your reference. 


Ben or Justin: could you forward the calendar invitation for this meeting to Rosemarie 
and me? Alternatively, could you confirm the meeting location? John’s office? 


Evan 


Evan Belser 

Chief, Mobile Source Enforcement Branch, Air Enforcement Division 
National Coordinator for Administrative Litigation, Office of Civil Enforcement 
Office of Enforcement and Compliance Assurance 
United States Environmental Protection Agency 
202-564-6850 


Do not release this email. This is conf idential attorney-client communication and 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026085 




privileged attorney work product created for law enforcement purposes. 


From: Fisherow, Walter Benjamin (ENRD) 

[mailto:Walter.Beniamin.Fisherow@usdoi.govT 

Sent: Wednesday, September 23, 2015 1:55 PM 
To: Belser, Evan 

Subject: Fwd: Meeting with Cruden on VW 


For tomorrow if you can't come in person. However I suggest you do so if at all 

Ex 5, 7 | 

Sent from my iPhone 
Begin forwarded message: 

From: "Smith, Justin (ENRD)" < JSmith2@,ENRD.USD0J.G0V > 

Date: September 23, 2015 at 1:18:21 PM EDT 

To: "Fisherow, Walter Benjamin (ENRD)" < WFisherow@ENRD.USDOJ.GOV > 
Cc: "Wilson, Karen L (OLA)" < kwilson@,imd.usdoi .gov > 

Subject: Re: Meeting with Cruden on VW 

Here is my conference line number: 


Conference numbq Non-Responsive 

L_ 

Karen can you send to EPA leg affairs? And Ben to OECA? 


Justin 

Sent from my iPhone 

On Sep 23, 2015, at 1:02 PM, Fisherow, Walter Benjamin (ENRD) 


VW FOIA, EPA 


06/20/2017 


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< WFisherow@ENRD.USDOJ.GOV > wrote: 

Nope. Good idea. Can you arrange one? 

Sent from my iPhone 

On Sep 23, 2015, at 10:47 AM, Smith, Justin (ENRD) 

< JSmith2@ENRD .USDO J. GO V > wrote: 


We may want to provide conference number in case multiple folks are 
dialing in. Ben have you given OECA a conference number? 


Justin 

Sent from my iPhone 

On Sep 23, 2015, at 10:42 AM, Wilson, Karen L (OLA) 

< kwilson@imd.usdoi ,gov > wrote: 


Should they call into us—need number in conf room or should we 
provide them with a call in number? 


Karen L Wilson 


Attorney Advisor 


f f i Ce# if* fL^ €e# Clj| 1 j 211 1 Ca# 2^ l If* % 


U.S. Department of Justice 


Direct: 202-616-0658 
Fax: 202-514-9353 


From: Smith, Justin (ENRD) 

Sent: Tuesday, September 22, 2015 2:40 PM 
To: Wilson, Karen L (OLA) 

Subject: RE: Meeting with Cruden on VW 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026087 



Phone is fine. Thanks! 


Justin 


From: Wilson, Karen L (OLA) 

Sent: Tuesday, September 22, 2015 2:07 PM 

To: Smith, Justin (ENRD) < JSmith2@ENRD.USDOJ.GOV > 

Subject: RE: Meeting with Cruden on VW 


I spoke to EPA leg and there are 2 people from their leg shop who 
will participate. Can they call in or do they need to come to the 
building? 


Karen L Wilson 


II dJ! i ^15 if 5 


Office of Legislative Affairs 
U.S. Department of Justice 


Direct: 202-616-0658 


* dm Q dm *"5 I 3 


From: Smith, Justin (ENRD) 

Sent: Tuesday, September 22, 2015 12:56 PM 
To: Wilson, Karen L (OLA) 

Subject: RE: Meeting with Cruden on VW 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026088 



Have sent outlook invite. Will you invite EPA counterpart or 
should I take care of identifying the right folks over there? 


I 


From: Wilson, Karen L (OLA) 

Sent: Tuesday, September 22, 2015 12:43 PM 

To: Smith, Justin (ENRD) < JSmith2@ENRD.USDOJ.GOV > 

Subject: RE: Meeting with Cruden on VW 


Yes. 


Karen L Wilson 
Attorney Advisor 
Office of Legislative Affairs 
U.S. Department of Justice 


1 ^5 685 ^5 5 ^ 13 ^ 


Fax: 202-514-9353 


From: Smith, Justin (ENRD) 

Sent: Tuesday, September 22, 2015 12:28 PM 
To: Wilson, Karen L (OLA) 

Subject: Meeting with Cruden on VW 



VW FOIA, EPA 


06/20/2017 


2017-FFP 026089 





John would like to set up a meeting on this for Thursday. His 
schedule is a bit tight, but 1:30 would work. Can you attend then? 

We will want to invite your EPA counterparts as well 

Justin 

R. Justin Smith 

Assistant Section Chief 

Law and Policy Section 

Environment and Natural Resources Division 

Department of Justice 

(202)514 0750 

Justin.Smith@usdoi .gov 


06/20/2017 


2017-FFP 026090 




From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Thur 9/24/2015 2:40:10 AM 

Subject: Volkswagen's CEO steps down over emissions scandal 

MAIL_CONVERSATION_TOPIC: Volkswagen's CEO steps down over emissions scandal 

Created: Fri 3/18/2016 6:18:11 PM 

<p>Volkswagen AG Chief Executive Officer Martin Winterkom, who during nearly a decade 
at the helm catapulted VW to the top spot in global sales, stepped down after admitting the 
automaker cheated on U.S. emissions tests </p> 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026091 



To: Reynolds, Thomas[Reynolds.Thomas@epa.gov]; Purchia, Liz[Purchia.Liz@epa.gov]; 

Grundler, Christopher[grundler.christopher@epa.gov] 

From: McCabe, Janet 

Sent: Thur 9/24/2015 3:45:50 AM 

Subject: Re: Bloomberg editorial: VW and the EPA's Dirty Little Secret 



From: Reynolds, Thomas 

Sent: Wednesday, September 23, 2015 4:53 PM 

To: McCabe, Janet 

Subject: FW: Bloomberg editorial: VW and the EPA's Dirty Little Secret 


From: Purchia, Liz 

Sent: Wednesday, September 23, 2015 4:51 PM 

To: Grundler, Christopher; Reynolds, Thomas; Hengst, Benjamin 

Subject: Bloomberg editorial: VW and the EPA's Dirty Little Secret 


http://www.blo ombergview.com/articles/2015-09-23/volkswaoen-and-the-ep a-s-dirtv-little-secret 

Liz Purchia 

Deputy Associate Administrator, Public Affairs 
U.S. Environmental Protection Agency 
Office: 202-564-6691 
Cell: 202-841-2230 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026092 




From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Thur 9/24/2015 6:39:26 AM 

Subject: Volkswagen warned of emission glitch in April 

MAIL_CONVERSATION_TOPIC: Volkswagen warned of emission glitch in April 

Created: Fri 3/18/2016 6:18:11 PM 

<p>Volkswagen of America, Inc. sent letters to California owners of diesel-powered Audis and 
Volkswagens informing them of an “emissions service action” affecting the vehicles.</p> 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026093 



From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Thur 9/24/2015 7:09:55 AM 

Subject: How smog cops busted Volkswagen 

MAIL_CONVERSATION_TOPIC: How smog cops busted Volkswagen 

Created: Fri 3/18/2016 6:18:11 PM 

The revelation that ended Martin Winterkom’s career at Volkswagen AG came on Sept. 3 in a 
meeting at an office park east of Los Angeles. 

View article... 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026094 



To: Brooks, Phillip[Brooks.Phillip@epa.gov] 

From: Environmental Law360 

Sent: Thur 9/24/2015 7:31:24 AM 

Subject: VW Emissions Scandal Will Prompt Stricter EPA Scrutiny 



ENVIRONMENTAL 


Thursday, September 24, 2015 


TOP NEWS 


Pharmacia Beats Mass. School's PCB Contamination Suit 

Pharmacia Corp. couldn’t have known as far back as 1961 that polychlorinated biphenyls 
present in window caulk installed in a Massachusetts elementary school were potentially 
toxic, a federal judge ruled Wednesday, tossing a former class action against the one-time 
PCB manufacturer. 

Bill Would Hold EPA Accountable For Gold King Mine Spill 

Democratic lawmakers from Colorado and New Mexico on Tuesday introduced legislation 
that they said will ensure that the U.S. Environmental Protection Agency is held accountable 
for last month's Gold King Mine spill and that affected communities and tribes are 
adequately and swiftly compensated. 

Volkswagen CEO Steps Down Over Emissions Scandal 

Volkswagen CEO Martin Winterkorn on Wednesday announced his resignation as head of 
the automaker over allegations that the company knowingly engineered its diesel engines to 
cheat emissions standards. 

DC Circ. Correctly Backed Test Fuel Regs, EPA Says 

The D.C. Circuit's decision to uphold U.S. Environmental Protection Agency rules on 
automotive test fuels should stand as is, the agency has said in response to alternative fuel 
advocates that contend the ruling narrows the EPA’s authority to approve the use of new 
fuels. 

Kirkland & Ellis Reps Volkswagen In Pollution Fracas 

Volkswagen has turned to Kirkland & Ellis LLP for help in defending itself from federal and 
state regulators' allegations that it programmed diesel engines in some of its cars to 
sidestep pollution standards, according to reports citing a firm spokeswoman. 

ANALYSIS 


LAW 

FIRMS 

Akermat 

Anderso 

&_ 

Kreiqer 

Arnold 

&_ 

Porter 

Babst 

Calland 

Baker 

Botts 

Baker 

Donelso 

Beck 

Redden 

Berman 

DeValer 

Bird & 
Bird 


Blank 

Rome 

Campbe 

Trial 

Lawyers 

Chadboi 
& Parke 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026095 






VW Emissions Scandal Will Prompt Stricter EPA Scrutiny 


LAW 

FIRMS 


Volkswagen’s alleged gaming of federal vehicle emission standards through high-tech 
“defeat devices” is likely to spur regulating agencies to take a much closer look at how they 
test and approve pollution controls on cars and trucks as well as other sources of air 
contamination. 

POLICY & REGULATION 


Akermat 

Anderso 

&_ 

Kreiqer 

..."i-huu#. 


Senate Passes Bill To Increase Transparency In Gov't Deals 


Arnold 


Porter 


The U.S. Senate has passed a bipartisan bill that would require federal enforcement Babst 

agencies to account for tax breaks or other credits included in major settlements when they Calland 
are publicly announced, a measure that the bill's backers say will enhance public scrutiny of 
the deals. Baker 

Botts 

Feds Move To Ensure Oil Cos. Can Pay To Scrap Offshore Rigs 

Federal offshore drilling regulators on Tuesday floated new guidelines they will use to 
ensure that energy companies have enough money to decommission offshore rigs and other 
equipment once they're no longer being used to produce oil and gas. 

Landowner Rapport Key To Pa. Pipelines, Task Force Told 

Days after a top Pennsylvania regulator and a member of Gov. Tom Wolfs cabinet joined 
energy industry leaders' call for more pipelines to spur the state's natural gas development, p; rc j & 
Wolfs pipeline task force heard comments Wednesday on the importance of communicating^^ 
with landowners. " 


Baker 

Donelso 


Beck 


Redden 


Berman 

DeValer 


DPI Taps 13 Bidders For NJ Offshore Wind Auction 


Blank 

Rome 


The U.S. Department of the Interior said Wednesday that it would auction off about 344,000 Campbe 
acres of federal waters off the New Jersey coast for wind energy development in November Trial 


and said there are 13 developers eligible to participate in the the auction. 

Total Commits $500M To Clean Energy Amid Spending Cuts 

French energy giant Total said Wednesday that it will continue its cost-cutting spree by 
slashing its capital spending by nearly 40 percent from 2013 levels and sell $10 billion in 
assets by 2017, but the company will set aside $500 million per year for renewable energy 
development. 

ENFORCEMENT 


Lawyers 

Chadboi 
& Parke 


Cohen 

Milstein 

Cooley 

LLP 


Cotchett 

_ _ Pitre 

NY AG Probing Volkswagen For Emissions Fraud 

Covinqtc 

New York Attorney General Eric T. Schneiderman announced plans Tuesday to investigate &_ 
Volkswagen AG after reports that the automaker installed software to circumvent emissions Burling 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026096 



standards in violation of the Clean Air Act. 

2 NJ Counties To Spend $329K Over EPA Oi! Tank Violations 


LAW 

FIRMS 

Akermar 


Two New Jersey counties will pay more than $329,000 total in either improvement costs or 
penalties as part of deals with the U.S. Environmental Protection Agency over their allegedly ^ nc ^ erso 
improper handling of underground petroleum storage tank systems, the regulator — 

announced Wednesday. Krelqer 


LITIGATION 


Arnold 

&_ 

Porter 


LA Metro Gets Win In Challenge To $1.7B Light Rail Babst 

Calland 

A California federal judge on Wednesday upheld the legitimacy of Los Angeles County 
Metropolitan Transportation Authority’s environmental impact review for a $1.7 billion light Baker 
rail project, rejecting most claims in a non-profit lawsuit claiming the agency failed to Botts 

adequately consider separating rail from vehicle traffic. 

Baker 

Volkswagen Diesel Cases Should Land In Calif., JPML Told Donelso 


The plaintiff in one of a slew of putative class actions against Volkswagen over the German 
automaker's recently uncovered emissions fraud scandal made the first consolidation bid to 
the U.S. Judicial Panel on Multidistrict Litigation on Wednesday, seeking to unite all of the 
actions in the Central District of California. 


Beck 

Redden 

Berman 

DeValer 


7th Circ. Refuses To Revive III. Utility’s $70M Enviro Suit 

The Seventh Circuit has rebuffed People’s Gas Light & Coke Co.’s bid to revive its claims 
seeking to recoup some of the $70 million it spent remediating a coke plant turned 
Superfund site, ruling a nearly century-old contract released the plant’s former operator from 
liability. 


Bird & 
Bird 


Blank 

Rome 


Cos. Dishonest About Tribal Land Wind Project, Gov't Says 

The federal government pushed back against wind farm developers attempting to buck its 
suit over their alleged infringment of the Osage Nation's mineral excavation rights, telling an 
Oklahoma federal court Wednesday the companies falsely stated the project is not yet in 
development. 

Monsanto’s Roundup Weed Killer Caused Cancer. Suit Says 


Campbe 

Trial 

Lawyers 

Chadboi 
& Parke 

Cohen 

Milstein 


A former California field worker has slapped Monsanto Co. with a lawsuit in federal court, 
claiming the primary active ingredient in Roundup weed killer and known carcinogen, 
glyphosate, caused her to develop bone cancer over years of exposure. 

Railroads Join Chorus Against EPA's Waters Of The US Rule 


Cooley 

LLP 


Cotchett 

Pitre 


A railroad trade group is pushing for a Texas federal judge to toss the Environmental 
Protection Agency’s controversial new Waters of the United States rule under the Clean 
Water Act, saying in a suit filed Tuesday that the rule would hinder operations for more than 


Covinqtc 

&_ 

Burling 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026097 



100,000 miles of railway. 

Baker Hughes Sued For Ruptured Valve At $2.5B Gas Reserve 


LAW 

FIRMS 

Akermar 


Oil field services giant Baker Hughes has been slapped with a suit in Texas federal court 
claiming gas safety valves it sold around the world are defective and prone to rupture, as 
they allegedly did at a German underground gas storage facility worth $2.5 billion. 


Anderso 

&_ 

Kreiqer 


BP Deepwater Plaintiffs Ask 5th Circ. To Rethink Denied Cert. 


Arnold 


A group of BP investors who purchased stock before the Deepwater Horizon disaster and 
are suing the company asked the Fifth Circuit on Tuesday to rethink its decision not to certify 
them as a class, saying it has misread the fraud-on-the-market presumption in securities 
cases. 


&_ 

Porter 

Babst 

Calland 


Fla. City Backs FHWA In Enviros* Bridge Project Dispute 


Baker 

Botts 


The city of Port St. Lucie, Florida, put in its support for the Federal Highway Administration's 
approval of a new local bridge that environmental groups are trying to sideline, arguing Baker 

Tuesday that the project culminates nearly 20 years of public planning and thorough Donelso 

environmental analysis. 

Beck 

DEALS Redden 


PE Firm Puts $100M Into Latin America. Japan Solar Plants 


Berman 

DeValer 


A New Jersey-based private equity firm has teamed up with a Chinese renewable energy 
provider to fund up to $100 million worth of solar projects in Latin America and Japan. 


Bird & 
Bird 


EXPERT ANALYSIS 


Blank 

Rome 


Methods To Minimize CERCLA Liability: Part 1 

Under Ninth Circuit jurisprudence, applying California law, where there is little or no 
continuity of personnel or assets, and no continuity of physical location or operations, 
successor liability under the Comprehensive Environmental Response, Compensation, and 
Liability Act should fail, say Lester Brown and Thomas McMahon of Perkins Coie LLP. 

LEGAL INDUSTRY 


Campbe 

Trial 

Lawyers 

Chadboi 
& Parke 

Cohen 

Milsteln 


Trial Ace: Steptoe's Reid H. Weinqarten 


Cooley 

LLP 


He calls himself a '"60s guy” and he cut his teeth as a prosecutor in the post-Watergate 
landscape, so some may find it ironic that Steptoe & Johnson LLP partner Reid H. 
Weingarten is now a leading white collar defense attorney who regularly represents captains 
of industry. But Weingarten isn’t buying such easy categorization. 


Cotchett 

Pitre 

Covinqtc 


Pillsburv Winthrop, Chadbourne In H-mu--,Wiw„ 


&_ 

Burling 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026098 



Pillsbury Winthrop Shaw Pittman LLP and Chadbourne & Parke LLP are reportedly in 
merger negotiations that would create a 1,000-attorney firm, potentially continuing a spree of 
sizable law firm mergers this year. 

How To Keep Your Best Lawyers From Walking 

Law firms rely on the talent of their attorneys to attract and retain high-profile clients, and 
losing one of their top performers could be a big blow to their business. But there are several 
steps that law firms can proactively take to make sure their brightest stars don't stray, 
experts say. 

‘Returnship’ Program For Female Attys Heads In-House 

A “returnship” fellowship program that helps female attorneys return to high-level legal 
positions after taking time off from BigLaw is continuing to grow, making its first forays into 
corporate law departments. 

A Soft Target For Hacks, Law Firms Must Step Up Data Security 

As holders of some of the most sensitive data in the world, law firms are a natural target of 
cyberattacks, but client perception is that most firms continue to shrug off the risk. Here, 
Law360 gets the scoop from the American Bar Association, the Association of Corporate 
Counsel, a law firm chief security officer and an outside security expert and investigator on 
where firms are falling short and how they can improve. 

Law Firm Accused Of Axing Partner After Cancer Diagnosis 


A former partner at Florida personal injury firm Steinger Iscoe & Greene PA says he was 
fired after being diagnosed with a brain tumor and lung cancer, according to a notice of 
removal filed in Florida federal court on Wednesday. 

DLA Piper Doubles Hamburg Office With Bird & Bird Raid 


DLA Piper has doubled the size of its Hamburg, Germany, office with the hire of 20 lawyers 
from Bird & Bird, including experts in intellectual property and technology, media, 
competition and life sciences, a DLA Piper representative confirmed on Wednesday. 

JOBS 

Search full listings os~ advertise your job opening 


Cozen 

O'Connc 


Crowell 

&_ 

Morinq 

DLA 

Piper 

Davis 

Wright 

Tremain 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026099 













Dentons 


Eisner 

Kahan 

Fenwick 
& West 

Fish & 
Richard: 

Fisher 

& 

Phillips 

Foley & 
Lardner 

Fox 

Rothsch 

Fried 

Frank 

Goodwir 

Procter 

Gravel 

and 

Shea 

Gray & 
Associal 

Hogan 

Lovells 

Honiqm; 

Miller 

Husch 

Blackwe 

Jenner 
& Block 

K&L 

Gates 

Kirkland 
& Ellis 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026100 



Kramer 

Levin 


Latham 

&_ 

Watkins 

Linklatei 

Loeb & 
Loeb 

Lundy 

Lundy 

Meckler 

Bulger 

Mithoff 

Law 

Firm 


Morris 

Polich 

Morrisor 

Sl 

Foerster 

Nason 

Yeager 

Norman 

Wohlqer 

Qrrick 

HerringL 

Paul 

Hasting; 

Paul 

Weiss 

Perkins 

Coie 


Pillsbury 

Winthroj 

Re my 
Moose 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026101 



Sher 

Left 


Sidley 

Austin 

Sive 

Paget 

Skadder 

Steinqer 

Iscoe 

Steptoe 

&_ 

Johnsor 

LLP 


Stoel 

Rives 

Sullivan 

&_ 

Cromwe 

Weitz & 
Luxenbe 

White & 
Case 

Wiley 

Rein 


Wilson 

Eiser 

COMPA 

Alliance 

of 

Automol 

Manufac 


Altman 

Weil 

Inc. 


Amazon 

Inc. 


America 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026102 




Bar 

Assoeiai 

Associal 

of_ 

America 

Railroad 

Associal 

of 

Corpora 

Counsel 


BP 

p.I.c. 

BT1 

Consult! 

Group 

Inc. 


Baker 

Hughes 

Inc. 


Corneas 

Corpora 

Enel 

WWW 4 C I 

SpA ~ 

Fannie 

Mae 


Freddie 

Mac 


General 

Motors 

GiaxoSr 

Goidmai 

Sachs 

Group 

Inc. 


Hudson 

Clean 

Energy 

Partners 

IP 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026103 



Hyundai 

Motor 


Iberdrol; 

SA 


Inter- 

America 

Develop 

Bank 

JPMorq; 
Chase 
& Co. 


Kia 

Motors 


Koppers 

Holding; 

Inc. 


Los 

Angeles 

County 

Metropo 

Transpo 

Authorib 

Martha 

Stewart 

Living 

Qmnime 

Inc. 


Monsan 1 

Compar 

Pfizer 

Inc. 


SunPow 

Corpora 

Suncor 

Energy 

Inc. 


TOTAL 

S.A. 


TYCO 

Internati 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026104 




Ltd. 


The 

Nature 

Conserv 

Volks wa 

Wells 
F argo & 
Co. 


Zeuqhai 

Group 

LLC 


GOVER 

AGENC 

Army 

Corps 

of 

Enqinee 

Bureau 

of. 

Indian 

Affairs 

Bureau 

of. 

Ocean 

Energy 

Manage 

Departrr 
of the 
Interior 

Environr 

Protectic 

Agency 

Federal 

Aviation 

Adminis- 

Federal 

Bureau 

of. 

Investiq. 

Federal 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026105 



Energy 

Regulate 

Commis 

Federal 

Hiqhwa\ 

Adminis' 

Federal 

Ho using 

gnmmHHHmmmmi KA 

Finance 

Agency 

Federal 

Transit 

Adminis- 

Governr 

Account 

Office 

Navajo 

Nation 

U.S. 

Departrr 

of 

Justice 

U.S. 

Departrr 

of_ 

Transpo 

U.S. 

Senate 

U.S. 

Suprerm 

Court 

World 

Health 

Organiz; 


LAW FIRMS 
Kirkland & Ellis 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026106 



DLA Piper 


leaner & Block 
Pillsbury Winthrop 
Sive Paget 
Skaclden 
Akerman 

Anderson & Kreiger 
Arnold & Porter 
Babst Calland 
Baker Botts 
Baker Donelson 
Beck Redden 
Berman DeValerio 
Bird & Bird 
Blank Borne 
Campbell Trial Lawyers 
Chadbourne & Parke 
Cohen Milstein 
Cooley LLP 
Cotchett Pitre 



Cozen O'Connor 
Crowell & Moring 
Davis Wright Tremaine 
Dentons 
Eisner Kahan 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026107 



Fenwick & West 


Fish & Richardson 
Fisher & Phillips 
Foley & Lardner 
Fox Rothschild 
hr led Frank 
Goodwin Procter 
Gravel and Shea 
Gray & Associates 
Hogan Lovells 
Bonigrnan Miller 
Flusch Blackwell 
K&L Gates 
Kramer Levin 
Latham & Watkins 
Linklaters 
Loeb & Loeb 
Lundy Lundy 
Meckler Bulger 
Mithoff Law Finn 
Morris Polieh 
Morrison & Foerster 
Nason Yeager 
Nonn an Woh 1 gemuth 
Quick Herrington 
Paul Hastings 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026108 



Paul Weiss 


Perkins Coie 
Remy Moose 
Sher Leff 
Sidlev Austin 
Stringer Iscoe 
Steptoe & Johnson LLP 
Stoel Rives 
Sullivan & Cromwell 
Weitz & Luxenberg 
White & Case 
Wiley Rein 
Wilson Elser 

COMPANIES 

Volkswagen 

BP p.hc. 

Monsanto Company 

Alliance of Automobile Manufacturers 

Altman Weil Inc. 

Amazon.com Inc. 

American Bar Association 
Association of American Railroads 
Association of Corporate Counsel 
BIT Consulting Group Inc. 

Baker Hughes Inc. 

Comcast Corporation 
Enel SpA 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026109 



Fannie Mae 


Freddie Mac 
General Motors 
Glaxo SmithKlin e 
Goldman Sachs Group Inc. 

Hudson. Clean Energy Partners LP 
Hyundai Motor 
Iberdrola SA 

Inter-American Development Bank 
JPMorgan Chase & Co. 

Kia Motors 
Koppers Holdings Inc. 

Los Angeles County Metropolitan Transportation Authority 
Martha Stewart Living Omnimedia, Inc. 

Pfizer Inc. 

SunPower Corporation 

Sun cor Energy Inc. 

TOTAL S.A. 

TYCO International Ltd. 

The Nature Conservancy 

Wells Fargo & Co. 

Zeug hauser Gro up LLC 

GOVERNMENT AGENCIES 
Environmenta l Protectio n Agen cy 

U.S. Department of J ust i ce 

Departm ent o f the Interior 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026110 



Bureau of Ocean Energy Management 


Federal Bureau of Investigation 
U.S. Supreme Court 
Army Corps of Engineers 
Bureau of Indian Affairs 
Federal Aviation Administration 
Federal Energy Regulatory Commission 
Federal Highway Administration 
Federal Housing Finance Agency 
Federal Transit Administration 
Government Accountability Office 
Navajo Nation 

U.S. Department of Transportation 
U.S. Seriate 

World Health Organization 

JOBS 

Search full listings or advertise your job opening 


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vw FOIA, EPA 


06/20/2017 


2017-FFP 026111 




To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: Environmental Law360 

Sent: Thur 9/24/2015 7:33:18 AM 

Subject: VW Emissions Scandal Will Prompt Stricter EPA Scrutiny 



ENVIRONMENTAL 


Thursday, September 24, 2015 


TOP NEWS 


Pharmacia Beats Mass. School's PCB Contamination Suit 

Pharmacia Corp. couldn’t have known as far back as 1961 that polychlorinated biphenyls 
present in window caulk installed in a Massachusetts elementary school were potentially 
toxic, a federal judge ruled Wednesday, tossing a former class action against the one-time 
PCB manufacturer. 

Bill Would Hold EPA Accountable For Gold King Mine Spill 

Democratic lawmakers from Colorado and New Mexico on Tuesday introduced legislation 
that they said will ensure that the U.S. Environmental Protection Agency is held accountable 
for last month's Gold King Mine spill and that affected communities and tribes are 
adequately and swiftly compensated. 

Volkswagen CEO Steps Down Over Emissions Scandal 

Volkswagen CEO Martin Winterkorn on Wednesday announced his resignation as head of 
the automaker over allegations that the company knowingly engineered its diesel engines to 
cheat emissions standards. 

DC Circ. Correctly Backed Test Fuel Regs, EPA Says 

The D.C. Circuit's decision to uphold U.S. Environmental Protection Agency rules on 
automotive test fuels should stand as is, the agency has said in response to alternative fuel 
advocates that contend the ruling narrows the EPA’s authority to approve the use of new 
fuels. 

Kirkland & Ellis Reps Volkswagen In Pollution Fracas 

Volkswagen has turned to Kirkland & Ellis LLP for help in defending itself from federal and 
state regulators' allegations that it programmed diesel engines in some of its cars to 
sidestep pollution standards, according to reports citing a firm spokeswoman. 

ANALYSIS 


LAW 

FIRMS 

Akermat 

Anderso 

&_ 

Kreiqer 

Arnold 

&_ 

Porter 

Babst 

Calland 

Baker 

Botts 

Baker 

Donelso 

Beck 

Redden 

Berman 

DeValer 

Bird & 
Bird 


Blank 

Rome 

Campbe 

Trial 

Lawyers 

Chadboi 
& Parke 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026112 






VW Emissions Scandal Will Prompt Stricter EPA Scrutiny 


LAW 

FIRMS 


Volkswagen’s alleged gaming of federal vehicle emission standards through high-tech 
“defeat devices” is likely to spur regulating agencies to take a much closer look at how they 
test and approve pollution controls on cars and trucks as well as other sources of air 
contamination. 

POLICY & REGULATION 


Akermat 

Anderso 

&_ 

Kreiqer 

..."i-huu#. 


Senate Passes Bill To Increase Transparency In Gov't Deals 


Arnold 


Porter 


The U.S. Senate has passed a bipartisan bill that would require federal enforcement Babst 

agencies to account for tax breaks or other credits included in major settlements when they Calland 
are publicly announced, a measure that the bill's backers say will enhance public scrutiny of 
the deals. Baker 

Botts 

Feds Move To Ensure Oil Cos. Can Pay To Scrap Offshore Rigs 

Federal offshore drilling regulators on Tuesday floated new guidelines they will use to 
ensure that energy companies have enough money to decommission offshore rigs and other 
equipment once they're no longer being used to produce oil and gas. 

Landowner Rapport Key To Pa. Pipelines, Task Force Told 

Days after a top Pennsylvania regulator and a member of Gov. Tom Wolfs cabinet joined 
energy industry leaders' call for more pipelines to spur the state's natural gas development, p; rc j & 
Wolfs pipeline task force heard comments Wednesday on the importance of communicating^^ 
with landowners. " 


Baker 

Donelso 


Beck 


Redden 


Berman 

DeValer 


DPI Taps 13 Bidders For NJ Offshore Wind Auction 


Blank 

Rome 


The U.S. Department of the Interior said Wednesday that it would auction off about 344,000 Campbe 
acres of federal waters off the New Jersey coast for wind energy development in November Trial 


and said there are 13 developers eligible to participate in the the auction. 

Total Commits $500M To Clean Energy Amid Spending Cuts 

French energy giant Total said Wednesday that it will continue its cost-cutting spree by 
slashing its capital spending by nearly 40 percent from 2013 levels and sell $10 billion in 
assets by 2017, but the company will set aside $500 million per year for renewable energy 
development. 

ENFORCEMENT 


Lawyers 

Chadboi 
& Parke 


Cohen 

Milstein 

Cooley 

LLP 


Cotchett 

_ _ Pitre 

NY AG Probing Volkswagen For Emissions Fraud 

Covinqtc 

New York Attorney General Eric T. Schneiderman announced plans Tuesday to investigate &_ 
Volkswagen AG after reports that the automaker installed software to circumvent emissions Burling 


VW FOIA, EPA 


06/20/2017 


2017-FFP 026113 



standards in violation of the Clean Air Act. 

2 NJ Counties To Spend $329K Over EPA Oi! Tank Violations 


LAW 

FIRMS 

Akermar 


Two New Jersey counties will pay more than $329,000 total in either improvement costs or 
penalties as part of deals with the U.S. Environmental Protection Agency over their allegedly ^ nc ^ erso 
improper handling of underground petroleum storage tank systems, the regulator — 

announced Wednesday. Krelqer 


LITIGATION 


Arnold 

&_ 

Porter 


LA Metro Gets Win In Challenge To $1.7B Light Rail Babst 

Calland 

A California federal judge on Wednesday upheld the legitimacy of Los Angeles County 
Metropolitan Transportation Authority’s environmental impact review for a $1.7 billion light Baker 
rail project, rejecting most claims in a non-profit lawsuit claiming the agency failed to Botts 

adequately consider separating rail from vehicle traffic. 

Baker 

Volkswagen Diesel Cases Should Land In Calif., JPML Told Donelso 


The plaintiff in one of a slew of putative class actions against Volkswagen over the German 
automaker's recently uncovered emissions fraud scandal made the first consolidation bid to 
the U.S. Judicial Panel on Multidistrict Litigation on Wednesday, seeking to unite all of the 
actions in the Central District of California. 


Beck 

Redden 

Berman 

DeValer 


7th Circ. Refuses To Revive III. Utility’s $70M Enviro Suit 

The Seventh Circuit has rebuffed People’s Gas Light & Coke Co.’s bid to revive its claims 
seeking to recoup some of the $70 million it spent remediating a coke plant turned 
Superfund site, ruling a nearly century-old contract released the plant’s former operator from 
liability. 


Bird & 
Bird 


Blank 

Rome 


Cos. Dishonest About Tribal Land Wind Project, Gov't Says 

The federal government pushed back against wind farm developers attempting to buck its 
suit over their alleged infringment of the Osage Nation's mineral excavation rights, telling an 
Oklahoma federal court Wednesday the companies falsely stated the project is not yet in 
development. 

Monsanto’s Roundup Weed Killer Caused Cancer. Suit Says 


Campbe 

Trial 

Lawyers 

Chadboi 
& Parke 

Cohen 

Milstein 


A former California field worker has slapped Monsanto Co. with a lawsuit in federal court, 
claiming the primary active ingredient in Roundup weed killer and known carcinogen, 
glyphosate, caused her to develop bone cancer over years of exposure. 

Railroads Join Chorus Against EPA's Waters Of The US Rule 


Cooley 

LLP 


Cotchett 

Pitre 


A railroad trade group is pushing for a Texas federal judge to toss the Environmental 
Protection Agency’s controversial new Waters of the United States rule under the Clean 
Water Act, saying in a suit filed Tuesday that the rule would hinder operations for more than 


Covinqtc 

&_ 

Burling 


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100,000 miles of railway. 

Baker Hughes Sued For Ruptured Valve At $2.5B Gas Reserve 


LAW 

FIRMS 

Akermar 


Oil field services giant Baker Hughes has been slapped with a suit in Texas federal court 
claiming gas safety valves it sold around the world are defective and prone to rupture, as 
they allegedly did at a German underground gas storage facility worth $2.5 billion. 


Anderso 

&_ 

Kreiqer 


BP Deepwater Plaintiffs Ask 5th Circ. To Rethink Denied Cert. 


Arnold 


A group of BP investors who purchased stock before the Deepwater Horizon disaster and 
are suing the company asked the Fifth Circuit on Tuesday to rethink its decision not to certify 
them as a class, saying it has misread the fraud-on-the-market presumption in securities 
cases. 


&_ 

Porter 

Babst 

Calland 


Fla. City Backs FHWA In Enviros* Bridge Project Dispute 


Baker 

Botts 


The city of Port St. Lucie, Florida, put in its support for the Federal Highway Administration's 
approval of a new local bridge that environmental groups are trying to sideline, arguing Baker 

Tuesday that the project culminates nearly 20 years of public planning and thorough Donelso 

environmental analysis. 

Beck 

DEALS Redden 


PE Firm Puts $100M Into Latin America. Japan Solar Plants 


Berman 

DeValer 


A New Jersey-based private equity firm has teamed up with a Chinese renewable energy 
provider to fund up to $100 million worth of solar projects in Latin America and Japan. 


Bird & 
Bird 


EXPERT ANALYSIS 


Blank 

Rome 


Methods To Minimize CERCLA Liability: Part 1 

Under Ninth Circuit jurisprudence, applying California law, where there is little or no 
continuity of personnel or assets, and no continuity of physical location or operations, 
successor liability under the Comprehensive Environmental Response, Compensation, and 
Liability Act should fail, say Lester Brown and Thomas McMahon of Perkins Coie LLP. 

LEGAL INDUSTRY 


Campbe 

Trial 

Lawyers 

Chadboi 
& Parke 

Cohen 

Milsteln 


Trial Ace: Steptoe's Reid H. Weinqarten 


Cooley 

LLP 


He calls himself a '"60s guy” and he cut his teeth as a prosecutor in the post-Watergate 
landscape, so some may find it ironic that Steptoe & Johnson LLP partner Reid H. 
Weingarten is now a leading white collar defense attorney who regularly represents captains 
of industry. But Weingarten isn’t buying such easy categorization. 


Cotchett 

Pitre 

Covinqtc 


Pillsburv Winthrop, Chadbourne In H-mu--,Wiw„ 


&_ 

Burling 


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Pillsbury Winthrop Shaw Pittman LLP and Chadbourne & Parke LLP are reportedly in 
merger negotiations that would create a 1,000-attorney firm, potentially continuing a spree of 
sizable law firm mergers this year. 

How To Keep Your Best Lawyers From Walking 

Law firms rely on the talent of their attorneys to attract and retain high-profile clients, and 
losing one of their top performers could be a big blow to their business. But there are several 
steps that law firms can proactively take to make sure their brightest stars don't stray, 
experts say. 

‘Returnship’ Program For Female Attys Heads In-House 

A “returnship” fellowship program that helps female attorneys return to high-level legal 
positions after taking time off from BigLaw is continuing to grow, making its first forays into 
corporate law departments. 

A Soft Target For Hacks, Law Firms Must Step Up Data Security 

As holders of some of the most sensitive data in the world, law firms are a natural target of 
cyberattacks, but client perception is that most firms continue to shrug off the risk. Here, 
Law360 gets the scoop from the American Bar Association, the Association of Corporate 
Counsel, a law firm chief security officer and an outside security expert and investigator on 
where firms are falling short and how they can improve. 

Law Firm Accused Of Axing Partner After Cancer Diagnosis 


A former partner at Florida personal injury firm Steinger Iscoe & Greene PA says he was 
fired after being diagnosed with a brain tumor and lung cancer, according to a notice of 
removal filed in Florida federal court on Wednesday. 

DLA Piper Doubles Hamburg Office With Bird & Bird Raid 


DLA Piper has doubled the size of its Hamburg, Germany, office with the hire of 20 lawyers 
from Bird & Bird, including experts in intellectual property and technology, media, 
competition and life sciences, a DLA Piper representative confirmed on Wednesday. 

JOBS 

Search full listings os~ advertise your job opening 


Cozen 

O'Connc 


Crowell 

&_ 

Morinq 

DLA 

Piper 

Davis 

Wright 

Tremain 


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Dentons 


Eisner 

Kahan 

Fenwick 
& West 

Fish & 
Richard: 

Fisher 

& 

Phillips 

Foley & 
Lardner 

Fox 

Rothsch 

Fried 

Frank 

Goodwir 

Procter 

Gravel 

and 

Shea 

Gray & 
Associal 

Hogan 

Lovells 

Honiqm; 

Miller 

Husch 

Blackwe 

Jenner 
& Block 

K&L 

Gates 

Kirkland 
& Ellis 


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Kramer 

Levin 


Latham 

&_ 

Watkins 

Linklatei 

Loeb & 
Loeb 

Lundy 

Lundy 

Meckler 

Bulger 

Mithoff 

Law 

Firm 


Morris 

Polich 

Morrisor 

Sl 

Foerster 

Nason 

Yeager 

Norman 

Wohlqer 

Qrrick 

HerringL 

Paul 

Hasting; 

Paul 

Weiss 

Perkins 

Coie 


Pillsbury 

Winthroj 

Re my 
Moose 


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Sher 

Left 


Sidley 

Austin 

Sive 

Paget 

Skadder 

Steinqer 

Iscoe 

Steptoe 

&_ 

Johnsor 

LLP 


Stoel 

Rives 

Sullivan 

&_ 

Cromwe 

Weitz & 
Luxenbe 

White & 
Case 

Wiley 

Rein 


Wilson 

Eiser 

COMPA 

Alliance 

of 

Automol 

Manufac 


Altman 

Weil 

Inc. 


Amazon 

Inc. 


America 


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Bar 

Assoeiai 

Associal 

of_ 

America 

Railroad 

Associal 

of 

Corpora 

Counsel 


BP 

p.I.c. 

BT1 

Consult! 

Group 

Inc. 


Baker 

Hughes 

Inc. 


Corneas 

Corpora 

Enel 

WWW 4 C I 

SpA ~ 

Fannie 

Mae 


Freddie 

Mac 


General 

Motors 

GiaxoSr 

Goidmai 

Sachs 

Group 

Inc. 


Hudson 

Clean 

Energy 

Partners 

IP 


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Hyundai 

Motor 


Iberdrol; 

SA 


Inter- 

America 

Develop 

Bank 

JPMorq; 
Chase 
& Co. 


Kia 

Motors 


Koppers 

Holding; 

Inc. 


Los 

Angeles 

County 

Metropo 

Transpo 

Authorib 

Martha 

Stewart 

Living 

Qmnime 

Inc. 


Monsan 1 

Compar 

Pfizer 

Inc. 


SunPow 

Corpora 

Suncor 

Energy 

Inc. 


TOTAL 

S.A. 


TYCO 

Internati 


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Ltd. 


The 

Nature 

Conserv 

Volks wa 

Wells 
F argo & 
Co. 


Zeuqhai 

Group 

LLC 


GOVER 

AGENC 

Army 

Corps 

of 

Enqinee 

Bureau 

of. 

Indian 

Affairs 

Bureau 

of. 

Ocean 

Energy 

Manage 

Departrr 
of the 
Interior 

Environr 

Protectic 

Agency 

Federal 

Aviation 

Adminis- 

Federal 

Bureau 

of. 

Investiq. 

Federal 


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Energy 

Regulate 

Commis 

Federal 

Hiqhwa\ 

Adminis' 

Federal 

Ho using 

gnmmHHHmmmmi KA 

Finance 

Agency 

Federal 

Transit 

Adminis- 

Governr 

Account 

Office 

Navajo 

Nation 

U.S. 

Departrr 

of 

Justice 

U.S. 

Departrr 

of_ 

Transpo 

U.S. 

Senate 

U.S. 

Suprerm 

Court 

World 

Health 

Organiz; 


LAW FIRMS 
Kirkland & Ellis 


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DLA Piper 


leaner & Block 
Pillsbury Winthrop 
Sive Paget 
Skaclden 
Akerman 

Anderson & Kreiger 
Arnold & Porter 
Babst Calland 
Baker Botts 
Baker Donelson 
Beck Redden 
Berman DeValerio 
Bird & Bird 
Blank Borne 
Campbell Trial Lawyers 
Chadbourne & Parke 
Cohen Milstein 
Cooley LLP 
Cotchett Pitre 



Cozen O'Connor 
Crowell & Moring 
Davis Wright Tremaine 
Dentons 
Eisner Kahan 


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Fenwick & West 


Fish & Richardson 
Fisher & Phillips 
Foley & Lardner 
Fox Rothschild 
hr led Frank 
Goodwin Procter 
Gravel and Shea 
Gray & Associates 
Hogan Lovells 
Bonigrnan Miller 
Flusch Blackwell 
K&L Gates 
Kramer Levin 
Latham & Watkins 
Linklaters 
Loeb & Loeb 
Lundy Lundy 
Meckler Bulger 
Mithoff Law Finn 
Morris Polieh 
Morrison & Foerster 
Nason Yeager 
Nonn an Woh 1 gemuth 
Quick Herrington 
Paul Hastings 


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Paul Weiss 


Perkins Coie 
Remy Moose 
Sher Leff 
Sidlev Austin 
Stringer Iscoe 
Steptoe & Johnson LLP 
Stoel Rives 
Sullivan & Cromwell 
Weitz & Luxenberg 
White & Case 
Wiley Rein 
Wilson Elser 

COMPANIES 

Volkswagen 

BP p.hc. 

Monsanto Company 

Alliance of Automobile Manufacturers 

Altman Weil Inc. 

Amazon.com Inc. 

American Bar Association 
Association of American Railroads 
Association of Corporate Counsel 
BIT Consulting Group Inc. 

Baker Hughes Inc. 

Comcast Corporation 
Enel SpA 


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Fannie Mae 


Freddie Mac 
General Motors 
Glaxo SmithKlin e 
Goldman Sachs Group Inc. 

Hudson. Clean Energy Partners LP 
Hyundai Motor 
Iberdrola SA 

Inter-American Development Bank 
JPMorgan Chase & Co. 

Kia Motors 
Koppers Holdings Inc. 

Los Angeles County Metropolitan Transportation Authority 
Martha Stewart Living Omnimedia, Inc. 

Pfizer Inc. 

SunPower Corporation 

Sun cor Energy Inc. 

TOTAL S.A. 

TYCO International Ltd. 

The Nature Conservancy 

Wells Fargo & Co. 

Zeug hauser Gro up LLC 

GOVERNMENT AGENCIES 
Environmenta l Protectio n Agen cy 

U.S. Department of J ust i ce 

Departm ent o f the Interior 


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Bureau of Ocean Energy Management 


Federal Bureau of Investigation 
U.S. Supreme Court 
Army Corps of Engineers 
Bureau of Indian Affairs 
Federal Aviation Administration 
Federal Energy Regulatory Commission 
Federal Highway Administration 
Federal Housing Finance Agency 
Federal Transit Administration 
Government Accountability Office 
Navajo Nation 

U.S. Department of Transportation 
U.S. Seriate 

World Health Organization 

JOBS 

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To: Bunker, Byron[bunker.byron@epa.gov] 

From: Birgitta Forsberg (DN) 

Sent: Thur 9/24/2015 8:01:33 AM 

Subject: Long article about Volkswagen, John German mentioned you and I would really like to speak 
to you 

Good morning! 

I spoke to John German at ICCT last night as I’m trying to write the full story about the unveiling of 
Volkswagen’s manipulations. He mentioned you and I would really like to speak to you. 

I presume you are not at work right now as there is a seven hour time difference, but I would really 
appreciate if you could call me when you get in to work in the morning. 

Best regards, 

Birgitta Forsberg 
Reporter 

Dagens Nyheter (Sweden’s largest morning newspaper) 

Ph.+46-8-738 1216 


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To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: NGT News 

Sent: Thur 9/24/2015 9:12:34 AM 

Subject: Major CNG Station Developer Is for Sale 

To ensure delivery directly to your inbox, please add headlines@ngtnews.com to your address book today. 



Opt-In Advertise NGT News On Twitter NGT News On Facebook 



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For Sale: Station Developer Trillium CNG 

on 23 Sep 2015 by NGTNews 

WEC Energy Group, a Milwaukee-based electric and natural gas delivery company, is looking to sell 
its Trillium CNG subsidiary. Headquartered in Chicago, Trillium CNG is a major provider of 
compressed natural gas (CNG) station design, construction, and operations and maintenance 
services. Integrys Transportation Fuels, doing business as Trillium CNG, recently became a part of 



Colorado Agency Prepares New Round of Alt-Fuel Vehicle Grants 

on 23 Sep 2015 by NGTNews 

The Regional Air Quality Council (RAQC) has announced it will open the application period for its 
latest round of funding under the ALT Fuels Colorado grant program on Oct. 1. Through the federally 
funded state program, the RAQC offers grants to cover up to 80% of the incremental cost of 
purchasing or leasing new OEM Class fread morel 

TruStar Energy Opens Public CNG Station in Louisiana 

on 23 Sep 2015 by NGTNews 

TruStar Energy has opened a company-owned public compressed natural gas (CNG) station at 515 E. 
Verot School Rd., Lafayette, La. The company says its new station, which features two traffic lanes 
and two fast-fill pumps, will help facilitate continued growth of natural gas as a transportation fuel in 
the Louisiana market. "By building out the CNG fread morel 


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Volkswaqon CEO Resigns Amid Diesel Emissions Scandal 

on 23 Sep 2015 by NGTNews 

On Wednesday, Martin Winterkorn resigned as CEO of Volkswagen, days after the U.S. 

Environmental Protection Agency (EPA) accused the vehicle manufacturer of installing software in a 
variety of its diesel passenger vehicles to cheat emissions testing. Although Winterkorn had issued a 
statement saying he was "deeply sorry that we have broken the trust of our customers fread morel 

DHL Orders UQM-Equipped Electric Delivery Trucks from Zenith 

on 23 Sep 2015 by NGTNews 

UQM Technologies Inc. has announced that Zenith Motors LLC has received an order for 45 all¬ 
electric trucks from major package delivery firm DHL Express USA. The Zenith delivery vehicles are 
powered by the UQM PowerPhase Pro 135 propulsion systems. "Zenith has been greatly anticipating 



Texas Construction Firm Launches CNG Pilot Program 

on 22 Sep 2015 by NGTNews 

TDIndustries, a Dallas-based mechanical construction and facility service company, has launched a 
compressed natural gas (CNG) vehicle pilot program to determine the viability of the alternative fuel 
for its large fleet. According to Jason Cinek, senior vice president of TDIndustries, the company 
tapped Dallas-based NGV Texas Inc. to convert two 2014 Ford E-350 service vans to fread morel 

Advanced Disposal Embraces CNG for Macon, Ga., Operations 

on 22 Sep 2015 by NGTNews 

Advanced Disposal, a refuse and recycling company that operates in more than a dozen states, 
recently opened its seventh compressed natural gas (CNG) station, located at its hauling facility at 
2201 Trade Dr. in Macon, Ga. Fifteen of the company's trucks currently refuel at the private slow-fill 
station every night, and Advanced Disposal plans to expand [read morel 



Hexagon Debuts Type 4 CNG Tank for Refuse and Transit Market 

on 22 Sep 2015 by NGTNews 

Nebraska-based Hexagon Lincoln Inc., a subsidiary of Hexagon Composites, has introduced its all¬ 
carbon, 16-inch-diameter, Type 4 compressed natural gas (CNG) pressure vessel for the transit bus 
and refuse market. The company debuted the new tank in Denver last week at the North American 
Natural Gas Vehicle Conference and Expo. According to Hexagon, the new tanks are [read morel 


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Wind-Powered Hydrogen Refueling Station Opens in U.K. 

on 22 Sep 2015 by NGTNews 

U.K.-based ITM Power has opened a wind-powered, public-access hydrogen refueling station at the 
Advanced Manufacturing Park in South Yorkshire. The station, which was supported by funding from 
innovate UK, consists of a 225 kW wind turbine coupled directly to an electrolyzer, 220 kg of 
hydrogen storage, a hydrogen dispensing unit and a 30 kWfuel cell fread morel 



Report: North America Represents the Biggest Light-Duty PHEV Market 

on 22 Sep 2015 by NGTNews 

North America is currently the world's largest market for plug-in electric vehicles (PEVs), with more 
than 133,000 sold in 2014 and the majority of vehicles concentrated in California, according to a 
report from Navigant Research. The firm expects sales of such vehicles in North America to total 
nearly 7.4 million from 2015 to 2024. Overall, the fread morel 

ICT Renews Partnership with University on Natural Gas Tanks 

on 22 Sep 2015 by NGTNews 

Infinite Composites Technologies (ICT), formerly CleanNG, and Oklahoma State University-Tulsa 
have signed a facility use agreement providing the company with access to the OSU-Tulsa Helmerich 
Research Center's Next Generation Materials Lab. The agreement will enable ICT to continue 
development and prototype production of the iCPV, a liner-less, composite fuel storage system. The 
natural gas fuel tank fread moreI 




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VW FOIA, EPA 


06/20/2017 


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From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Thur 9/24/2015 9:39:37 AM 

Subject: Volkswagen may appoint new CEO by Friday 

MAIL_CONVERSATION_TOPIC: Volkswagen may appoint new CEO by Friday 

Created: Fri 3/18/2016 6:18:11 PM 

<p>The leading candidates range from a decades-long veteran of VW to a pair of newcomers 
who have been with the company less than a year.</p> 

View article... 


VW FOIA, EPA 


06/20/2017 


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From: MSN.com - Hotmail, Outlook, Skype, Bing, Latest News, Photos & Videos 

Sent: Thur 9/24/2015 10:40:45 AM 

Subject: Volkswagen may appoint new CEO by Friday 

MAIL_CONVERSATION_TOPIC: Volkswagen may appoint new CEO by Friday 

Created: Fri 3/18/2016 6:18:11 PM 

<p>The leading candidates range from a decades-long veteran of VW to a pair of newcomers 
who have been with the company less than a year.</p> 

View article... 


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06/20/2017 


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To: Grundler, Christopher[grundler.christopher@epa.gov] 

From: Bradley.Keelor 

Sent: Thur 9/24/2015 10:59:41 AM 

Subject: Visit to DC by UK Dept for Transport 


Hi Chris, 

My name is Brad Keelor and I work on the Science and Innovation team at the British Embassy. We 
facilitate research collaboration in all disciplines. I have Phil Blythe, the Chief Scientist at the UK 
Department for Transport, and Miles Elsden, his deputy, coming to town next week for a conference. 
They're doing side meetings on Monday, and I'm hoping you're available to meet! They'd like to talk about 
your office and its role generally, and more specifically, they'd like to talk about VW, I think. They're 
available in the middle of the day if that works for you. WE'II be wrapping up a meeting at the Embassy at 
about 12, and they need to be at DOT on NJ Ave at 3, but can meet anytime in between (including for 
lunch if that works for you). Let me know what you think. Hope to talk to you soon! 

Brad 


Bradley Keelor 

Science and Innovation Team 
British Embassy, Washington 
TEL 1 202 588 6677 
FTN 8430-6677 

bradley.keelor@fconet.fco.gov.uk 


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Visit http://www.gov.uk/fco for British foreign policy news and travel advice and 

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To: Kaul, Meetu[Kaul.Meetu@epa.gov] 

Cc: Navas Alonso. Noemi[nnavas@cincodias.es] 

From: Sanz Sanchez de Rojas. Fernando 

Sent: Thur 9/24/2015 11:09:04 AM 

Subject: EPA-VW 


Dear Mr. Meetu, 


We are Fernando Sanz and Noemi Navas. We are staff writers for the Spanish economic daily 
Cinco Dias. We have known on the documents posted on the website of the EPA that you has 
been appointed as the attorney in charge to address the conflict of Volkswagen diesel engines in 
the United States. 


We would really appreciate to hold an interview with you, either by telephone or through a small 
questionnaire via email. It would be absolutely worthy for our readers in order to clarify how is 
the EPA investigation on VW will continue from now. 

We’re looking forward to hearing from you. We thank you on behalf for any kind of help you 
could give us. 


Yours sincerely, 


Noemi Navas, editor 
Fernando Sanz, editor in chief 


"Este correo electronico contiene information confidential amparada por el secreto profesional. 
Cualquier reproduction, distribution o divulgation de su contenido estan estrictamente 
prohibidos. Si usted no es el destinatario indicado en el mismo y recibe este correo electronico, 
le rogamos nos lo notifique de inmediato al remitente de este correo y destruya el mensaje 
recibido sin obtener copia del mismo ni distribuirlo ni revelar su contenido". 


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To: Brooks, Phillip[Brooks.Phillip@epa.gov] 

From: EnergyGuardian 

Sent: Thur 9/24/2015 11:13:05 AM 

Subject: Republicans rebuff Obama’s wildfire plan, press for action on House bill 


Advertise I Contact 



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Statement of Administration Policy 







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EPA says it will build temporary treatment plant for mine 

Pope to make historic address to Congress, climate change a topic 

Xi says 'without reform' no progress for business in China 

$134M for recovery projects arising from 2010 Gulf oil spill 

Dealers, owners feel frustrated and betrayed by VW scandal 

Scientists: Drought stressing California's Giant Sequoias 

Weak growth outlook pushes oil-rich Norway to cut rates 

House to tackle measure banning social cost of carbon calculations 

LWCF supporters look to short-term funding 

Wind lease sale planned in November for offshore NJ coast 

New Halliburton layoffs to affect management 

Oil higher on profit taking 

Summer prices dropped for MISO in 2015, monitor told board 


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Tesla, SolarCitv at odds over net metering 

Second U.S. probe of Total gas trades, company looking to settle 
Revised Energy Transfer offer on the table at Williams 
LA River restoration: Critics attack Gehrv involvement 
Upcoming Events 



EPA says it will build temporary treatment plant for 
mine 


By Dan Elliott 

DENVER (AP) — The Environmental Protection Agency said Wednesday it will set up a 
temporary treatment plant for wastewater flowing from the Gold King Mine in southwestern 
Colorado after 3 million gallons surged out of the mine in August, tainting rivers in three 
states. 

Colorado's two U.S. senators urged the agency to build a longer-term plant to treat acidic 
water flowing from multiple mines in the Upper Animas River watershed around Silverton, 
saying pollution from inactive shafts is a serious problem across the West. 

The EPA said it needs the temporary plant for the Gold King Mine because it will be unsafe 
to operate the settling ponds that are now in use when winter temperatures fall below zero. 

The $1.8 million facility is expected to start operating by Oct. 14 and run for up to 42 weeks. 
The EPA said it will cost $20,000 a week to operate. 


Pope to make historic address to Congress, climate 
change a topic 

By Erica Werner and Nicole Winfield 

WASHINGTON (AP) — Fresh from enrapturing crowds all over Washington, Pope Francis 
is bringing his resonant message of humility and hope to Capitol Hill as he becomes the first 
pontiff in history to speak to a joint meeting of Congress. 


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Ahead of Francis' remarks lawmakers of both parties have busily sought political advantage 
from his stances, with Democrats in particular delighting in his support for action to combat 
global warming and income inequality, and overhaul immigration laws. One House 
Republican back-bencher announced plans to boycott the speech over Francis' activist 
position on climate change, which the pontiff renewed alongside President Barack Obama on 
Wednesday. 

Lawmakers of all political backgrounds and religious affiliations have thrilled to the pope's 
arrival, however, pledging to pause from the bickering and dysfunction that normally divide 
them and hear him out Thursday morning. Tens of thousands of spectators will be watching 
from the West Lawn of the Capitol and many more on TV from around the world as the pope 
addresses a House chamber packed with Supreme Court justices, Cabinet officials, 
diplomats, lawmakers and their guests. 

After the sergeant at arms announces him by bellowing "Mr. Speaker, the pope of the Holy 
See," Francis will enter the chamber and climb to the dais where the president delivers the 
annual State of the Union address and monarchs and heads of state have addressed Congress. 
Behind him will sit Vice President Joe Biden and House Speaker John Boehner of Ohio, the 
first and second in line to the presidency, both Catholics. 


Xi says 'without reform 1 no progress for business in 
China 


By Gene Johnson and Phuong Le 

SEATTLE (AP) — Chinese President Xi Jinping addressed Amazon.com founder Jeff 
Bezos, billionaire investor Warren Buffett and other top American and Chinese business 
leaders Wednesday, vowing that his country would work to remove barriers to foreign 
investment and improve intellectual property protections. 

Xi's conference with the business leaders in Seattle was part of a busy day. He also toured the 
Boeing production facility in Everett, the sprawling suburban Microsoft campus and visited a 
high school in Tacoma, where he received a football and a personalized jersey. 

Protesters and supporters of Xi holding signs in English and Chinese lined the streets outside 
Microsoft's Redmond campus and also waited outside the high school. 

Apple CEO Tim Cook, Microsoft CEO Satya Nadella and Jack Ma of Chinese e-commerce 
giant Alibaba also were among the 30 executives who attended a closed-door discussion 
moderated by former U.S. Treasury Secretary Henry Paulson before Xi's address. 



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$134M for recovery projects arising from 2010 Gulf 
oil spill 

By Cain Burdeau 


NEW ORLEANS (AP) — A panel on Wednesday approved using $134 million provided by 
energy giant BP PLC on 10 projects to help the Gulf of Mexico recover from a catastrophic 
2010 oil spill. 

The approval came from a trustee council made up of Gulf coast states and federal officials 
overseeing ecological restoration from the offshore spill. About $126 million will go to 
projects to help sea turtles, fish, vegetation and birds and $8 million on enhancing 
recreational uses. 

In 2011, BP offered to spend $1 billion to spur the recovery of the Gulf, anticipating future 
restoration costs meted out through the courts. BP is expected to spend billions of dollars 
more on restoration. 

An April 2010 blowout at a well BP and its contractors were drilling touched off the worst 
offshore oil spill in U.S. history. The explosion and fire aboard the Deepwater Horizon rig 
killed 11 workers and crews took nearly three months to cap the leak, which some experts 
estimated at more than 130 million gallons of oil. 


Dealers, owners feel frustrated and betrayed by VW 
scandal 


By Gillian Flaccus and Tom Krisher 

LOS ANGELES (AP) — Bob Rand bought his Volkswagen Passat last year for its clean 
emissions and high gas mileage. He liked the car so much he convinced his son and a friend 
to buy one, too. 

Now, as Volkswagen comes clean about rigging diesel emissions to pass U.S. tests, Rand is 
desperately trying to sell the fully loaded model with white leather seats for $10,000 below 
what he paid. His sole bite has been from a man who offered $7,500 on speculation that he 
could resell it in Mexico. 

"Volkswagen was somebody that you could rely on for cutting-edge products and quality and 
all those things and now you find out that they're not above lying just flat out," said Rand, 
who plans to join a class-action lawsuit against VW. "That's probably about as bad a thing as 
a company can do is lie to your face when you're buying a $35,000 car." 


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Rand's anger at the world's top-selling car company was echoed Wednesday by private 
dealers, auto wholesalers and owners across the U.S. as fallout from the smog test trickery 
mounted. 



Scientists: Drought stressing California's Giant 
Sequoias 


By Scott Smith 

SEQUOIA NATIONAL PARK, Calif. (AP) — Giant Sequoias growing in California's Sierra 
Nevada are among the largest and oldest living things on earth, but scientists climbing high 
up into their green canopies say they are seeing symptoms of stress caused by the state's 
historic drought. 

Patches of brown, dead foliage are appearing more than in past years, say researchers 
studying the iconic trees, which only grow naturally in the Sierra Nevada. By taking stock of 
groves that are most vulnerable, scientists say they can better manage the forest through the 
hotter, drier droughts expected in the future. 

"They're beautiful, majestic trees," said Koren Nydick, a National Park Service ecologist and 
part of the research team focused on the treasured trees. "People come from all over the 
world to see the Giant Sequoias." 

Some living more than 3,000 years, Giant Sequoias grow to nearly 300 feet tall. There are 
other trees that live longer and some that grow taller, but researchers say the Giant Sequoias 
are unique for their size and longevity. 


Weak growth outlook pushes oil-rich Norway to cut 
rates 


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By The Associated Press 


HELSINKI (AP) — Concerned by weaker economic growth, the central bank of oil-rich 
Norway has cut its key interest rate to its lowest level ever, 0.75 percent, and hinted that it 
could reduce it further. 

Norges Bank said Thursday that growth was likely to remain low "for a longer period than 
projected earlier" because of weak oil prices and that oil investments were expected to fall 
further. 

It also said that lower demand for goods and services from the energy sector would hit other 
parts of the economy and increase unemployment. 

On the bright side, the bank mentioned a weaker currency would encourage exports and help 
domestic companies compete with importers. 



Week in Review - House Panel Moves To Lift Export Ban 


Congress Gears up for Papal Visit. 


Click here to read the brief 


House to tackle measure banning social cost of carbon calculations 


The government wouldn’t be able to consider the “social cost of carbon” in its review of 
regulations, under a provision of the Rapid Act that the House is scheduled to begin 
debating, National Journal reports. 


LWCF supporters look to short-term funding 

With authorization for the Land and Water Conservation Fund likely to expire next week, 
backers of the program are trying to ensure that any general short-term government funding 
measure that’s approved will include LWCF, National Journal reports. 


Wind lease sale planned in November for offshore NJ coast 

Trouble seeing this email? Click here. 


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Calling it a “major step in standing up a sustainable offshore wind program,” Interior 
Secretary Sally Jewell Wednesday announced a Nov. 9 sale of nearly 344,000 acres of leases 
in the Atlantic off the coast of New Jersey, The Associated Press reports. 


New Halliburton layoffs to affect management 

Halliburton's latest cost cutting plan to weather the continuing oil slump will include 
management jobs, FuelFix reports. 


Oil higher on profit taking 

Traders trying to cash in on a shaip drop in oil sent prices moving the other way early 
Thursday. U.S. benchmark jumped 48 cents to $44.96 a barrel in electronic trading on the 
Nymex, while in London Brent rose 40 cents to $48.15, Reuters reports. 



Summer prices dropped for MISO in 2015, monitor told board 


A monitor told Midcontinent Independent System Operator executives that despite higher 
demand, real-time electricity prices dropped in the MISO region this summer because of 
cheaper fuel, Platts reports. 


Tesla, SolarCitv at odds over net metering 

Tesla and SolarCity may be partners in the battery storage business, but they part company 
when it comes to SolarCity’s support of net metering in California, E&E reports. 


Second U.S. probe of Total qas trades, company looking to settle 

Total CEO Patrick Pouyanne says his company is negotiating to settle an investigation by the 
Commodity Futures Trading Commission into some of its market trades, and is willing to 
settle with the Federal Energy Regulatory Commission as well, The Wall Street Journal 
reports. 


Revised Energy Transfer offer on the table at Williams 


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A revised offer from Energy Transfer Equity will be the subject of a board meeting at 
Williams Cos., possibly as early as this week, sources have told Reuters. 



LA River restoration: Critics attack Gehrv involvement 


Architect Frank Gehry’s participation in the project to restore the Los Angeles River area has 
generated a storm of protest from community leaders, The New York Times reports. 



Upcoming Events 


• Sep. 24, Washington: Sen. Cory Gardner, R-Colo., to speak at a Heritage Foundation 
event on the forthcoming meeting between President Barack Obama and Chinese 
President Xi Jinping on issues including cybersecurity and environmental policy. 3:00 
pm ,214 Massachusetts Ave NE. 

• Sep. 24, Washington: Pope Francis to address a joint meeting of Congress 10:00 am , 
U.S. Capitol Building. 



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To: Kaul, Meetu[Kaul.Meetu@epa.gov] 

From: EPAMAILR521/USEPA/US 

Sent: Thur 9/24/2015 11:31:31 AM 

Subject: EPA Information Request - Acknowledgement of Receipt 

Thank you for contacting the Office of Transportation and Air Quality (OTAQ). We are processing your 
inquiry; you should receive a response within 5 business days. 

The following information may help you reach a more specific direct contact for information you are 
seeking. 

Frequently asked questions - OTAQ has a “Frequent Questions” site where you can search for answers 
on transportation and air quality issues at: http://www.epa.qov/otaa/about/faq.htm . 

Importing a vehicle to the U.S. - See our Imports site for information about imports at: 
www.epa.gov/otaq/imports or call the Imports Hotline at 734-214-4100. 

Car or light-truck safety issues - Call the Department of Transportation Hotline at 1-800-424-9393. 

Recycling or disposal of antifreeze, batteries, oil, or tires - See EPA's Office of Resource Conservation 
and Recovery web site for information about recycling and disposing of wastes at: www.epa.gov/wastes. 

Finding a specific document - Most of our documents are on our Web site at: www.epa.gov/otaq. If you 
cannot find the document on our site, you can get many publications, free of charge, through the National 
Service Center for Environmental Publications by calling: 1-800-490-9198. If you are looking for a specific 
document that you can’t find, please contact the NVFEL library at 734-214-4311 or email 
AALibrary@epa.gov. 


For tracking purposes, please ensure the following line is included when replying. 
FW: EPA-VW 


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To: Birgfeld, Erin[Birgfeld.Erin@epa.gov]; Hengst, Benjamin[Hengst.Benjamin@epa.gov]; Cohen, 

Janet[cohen.janet@epa.gov]; Bunker, Byron[bunker.byron@epa.gov] 

From: Grundler, Christopher 

Sent: Thur 9/24/2015 11:41:05 AM 

Subject: From Janet 



On Sep 24, 2015, at 7:33 AM, Grundler, Christopher < grundler.christopher@epa.gov > 
wrote: 


Ex. 5 

L_: 


Christopher Gmndler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 


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From: POLITICO Pro Energy < politicoemail@politicopro.eom > 

Date: September 24, 2015 at 5:50:07 AM EDT 

Subject: Morning Energy, presented by the American Lung Association: 
The pope comes to Congress - Clinton alarms fossil fuel backers - Labor 
unions ask White House not to lower smog standard 
Reply-To: POLITICO subscriptions < replv-fe9410757067057871 - 
630326_HTML~637935392~ 1376319-0@,politicoemail.com > 


By Eric Wolff | 09/24/2015 05:48AM EDT 

With help from Alex Guillen and Darius Dixon 

POPE POPE POPE, POPEITY POPE POPE: Today is the day! 
Yesterday, Pope Francis made clear that he would not rely on subtlety to 
convey his message, baldly stating that climate change, immigration, and 
poverty were pressing problems that the United States must deal with head 
on, as Pro's Andrew Restuccia reported . Today the Pope will stand before a 
Congress whose majority does not agree with him on the subject of climate 
change and see if he can face them down. Most analysts think he can't, but 
today he gets to make his case. 

If you go and are a member of Congress, the Majority Leader advises you 
to be in your seats by 9 a.m. for the 10 a.m. speech. Don't be that one 
straggler who tries to sneak in the back late while the Speaker is making 
opening remarks. 

If you go and are of the hoi polloi: There are many places to watch it 
streaming, presumably including C-Span, but here's another two links, just in 
case: http://to.pbs.Org/l V8dN 1 d and http://bit.1v/l Fd2i HM . It will also be 
broadcast on a big screen at the West Front of the Capitol. 

Meanwhile, Moby and a bunch of other musicians will play on the 


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National Mall to a climate change rally that organizers expect will draw tens 
of thousands of people. The group has been energized by Pope Francis' 
encyclical and his visit. The rally starts at 7:30 a.m. and will run until 12:30 
p.m., between 3rd St. and 7th St., opening the door for work-a-day 
government employees to drop in on the concert for an early lunch. 

YET ANOTHER THRILLING THURSDAY! I'm your host Eric Wolff, 
and I have to say the word 'Pope' is starting to lose all meaning for me. It's 
just a sequence of sounds, man. But with the Pontiff departing for New York 
today, I'll need all your energy tips, quips, and commentary at 

ewolff@politico.com . or follow us on Twitter @ericwolff. 

@MorningEnergy , and @POLITICOPro . 

** A message from the American Lung Association: Kids want to play 
outside. But high ozone days can lead to asthma attacks and premature death. 
That's why 73 percent of Americans support stricter limits on smog 
pollution. Stronger limits mean less smog and healthier lungs for our kids: 

www.fightingforair.org ** 

CLINTON STARTING TO ALARM FOSSIL FUEL INDUSTRIES: In 

the wake of Hillary Clinton's revelation Tuesday that she opposed the 
Keystone XL pipeline, the candidate released a longer statement in which 
she emphasized a global commitment to fighting climate change and 
improving the nation's existing infrastructure. The statement did little to 
mollify fossil fuel interests suddenly alarmed at Clinton's shift on the 
environment, as Pro's Elana Schor reports : "In the past three weeks, Clinton 
has leaped to the left on three of Big Oil's most prized goals: Arctic offshore 
drilling, the GOP's plan to allow U.S. oil exports and the Keystone XL 
pipeline. And fossil-fuel supporters are starting to ask whether the Democrat 
who once struggled to connect with her party's green base will prove to be a 
bigger problem for the industry than they had expected...'In the industry, 
there's starting to be a real disconnect here' when it comes to Clinton, said 
Marty Durbin, president of America's Natural Gas Alliance." 

Who you callin' dirty? In her detailed statement . Clinton called crude from 
Canadian tar sands, "North America's dirtiest fuel." A spokesman for 
TransCanada resents that remark, "The [California Air Resources Board] 
states there are 13 oil fields in California that generate more greenhouse gas 
emissions than Canadian diluted bitumen blends. And the 'dirtiest oil in 
North America' is produced just outside Los Angeles, where the Placerita oil 
field generates about twice the level of upstream emissions as the Canadian 
oil sands." So there! 

ME FIRST: UNIONS LIKE THE OZONE STANDARD RIGHT 
WHERE IT IS, THANK YOU VERY MUCH : Fierce lobbying continues 
unabated around the EPA's ozone rule, as the AFL-CIO, the International 


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Brotherhood of Electrical Workers, and the building-trades unions, among 
others, head to the Office of Management and Budget today. The group of 
unions want the ozone standard to remain unchanged at 75 parts per billion, 
rather than lowering it to the 65 ppb to 70 ppb range EPA is considering. 

Brad Markell, executive director of the Industrial Union Council, told ME 
that tightening the standard was just one cut too many. "Industry is moving 
off-shore, trade hurts our industrial base. Right now we're staring at the 
[Trans Pacific Partnership], Industries are going to decide it's best not to be 
in the United States." 

SHOW ME THE MO...TION TO RECONSIDER THE MERGER: 

Exelon Coip. and Pepco Holdings have until the end of today to ask the D.C. 
Public Service Commission to reconsider regulators' rejection of the 
companies' merger last month. The two utilities haven't wavered from their 
plans to pursue the $6.8 billion deal and intend to press their case that 
putting Pepco under Exelon's roof is in the "public interest" for D.C. 
residents even though local regulators thought otherwise, and said so in no 
uncertain terms. 

FIGHTIN' IRISH MEETS FIGHTIN’ IRISH: EPA chief Gina McCarthy 
will voyage to Notre Dame tomorrow to talk up climate change and the 
Obama administration's agenda. It's quite the timing coup for McCarthy, a 
Catholic, who will talk in part about the school's recent encyclical-inspired 
decision to pare back its use of coal-fired electricity. Her agenda includes a 
discussion on clean energy with students and professors and a press 
conference with the school's president. An EPA spokeswoman noted that 
Notre Dame plays the University of Massachusetts - McCarthy's alma mater - 
in football on Saturday. 

CBO - STREAM ACT WOULD SAVE $1 MILLION A YEAR: The 

Congressional Budget Office says that implementing a House GOP bill 
blocking the Interior Department's rewrite of the stream buffer zone rule 
would lead to net savings of about $ 1 million per year between 2020 and 
2023. Rep. Alex Mooney's H.R. 1644, which cleared the Natural Resources 
Committee earlier this month, requires Interior to conduct a study of the 
original 1983 regulation and then wait a year before moving forward with a 
rewrite, essentially a three-year delay on the rule. The study would cost $2 
million, but that is offset by royalties from federal leases that would be lost if 
the rule were implemented on schedule, CBO concluded. The score: 
http://Lusa.gov/lNUvan7 


DIESEL GROUP: VOLKSWAGEN WHO? NEVER H EARD OF 
THEM : Earlier in the week, news broke that certain models of diesel- 
engine Volkswagens had been installed with devices intended to fool 
emissions tests. Now as the hammer falls on Volkswagen — the company's 
CEO jumped ship yesterday — the Diesel Technology Forum, a trade group, 


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is trying to avoid getting flattened. "The circumstances involving a single 
manufacturer do not define an entire technology, or an industry," the group 
said in a statement yesterday. "Vehicle manufacturers and engine makers 
have invested billions of dollars in research and development to successfully 
meet the most aggressive emissions standards in the world. They continue to 
work closely and cooperatively with the Environmental Protection Agency, 
California Air Resources Board, international regulatory bodies, as well as 
environmental and other interest groups toward common goals." 

The modified VWs pumped an extra 950,000 tons of N02 into the air 
each year, the equivalent of the entire United Kingdom power sector, 
according to an anlavsis by The Guardian. Looking at some EPA data, that's 
about half the 2014 N02 emissions from U.S. power generation, and about a 
fifth of the N02 emissions from all highway vehicles. 

QUICK HITS 

"Fracking Finns That Drove Oil Boom Struggle to Survive," WSJ: 

http://on.wsi .com/1 Wk2qFO 

"Trader facing large FERC penalties could see big payoff as whistleblower 
in bank case," SNL: http://bit.lv/lLOEv50 

"US coal companies see a bright spot: pizza ovens," Boston Globe: 

http ://bit.lv/l Fvbrrf 

"Portable Wind Turbines Power Phones or Homes," Discovery News: 

http://bit.1v/l R1 nGgz 

HAPPENING THURSDAY 

7:30 a.m. - 12:30 - "Rally With Pope Francis in the Call to Moral Action for 
Climate Justice," The National Mall, Between 4th & 7th, 

http ://bitly/1 Mk.XRq9 

9:20 a.m. - Pope scheduled to arrive at the Capitol 

10 a.m. - Pope Francis makes speech a Joint Session of Congress 

11 a.m. - Pope Francis makes appearance on West Front of Capitol 

4 p.m. - Pope Francis leaves for Joint Base Andrews and departure to New 
York City. 

** A message from the American Lung Association: Americans deserve 
air to breathe that does not make them sick or die prematurely. Studies show 


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that breathing too much ozone pollution can trigger asthma attacks, and send 
people with heart or lung disease to the emergency room, or worse. So join 
the 73 percent of Americans who support stricter limits on smog. Let's make 
the air outside safer for our kids to breathe: www.fightingforair.org 




To view online: 

https://www.politicopro.com/tipsheets/moming-energv/2015/09/Dro-momi n g- 
energy-wolff-013811 


Stories from POLITICO Pro 

Pope praises Obama on climate, calls for 'serious' action Back 

By Andrew Restuccia | 09/24/2015 05:48AM EDT 

Pope Francis praised President Barack Obama today for taking steps to cut 
greenhouse gas emissions, and he warned that climate change "is a problem 
which can no longer be left to a future generation." 

The pope, speaking in English in front of the White House, said he is 
"encouraged" by the president's global wanning agenda, which includes first- 
ever climate regulations for the country's fleet of power plants. 

The pope made climate change a central part of his remarks, a signal that the 
issue will take center stage during his trip through the United States, and 
possibly during his speech to a joint session of Congress on Thursday. 

He said countries "still have time to make the change needed" to tackle 
climate change, offering a hopeful message that "things can change." 

The pope also warned of the effect that global warming has on the world's 
poor and vulnerable populations, calling for a "serious" response to climate 
change that takes into account "the millions of people living under a system 
which has overlooked them." 

The comments appear to be intended to send a signal to those who have been 
reluctant to help fund poor countries' effort deal with the effects of climate 
change. Republicans in Congress, for example, are resisting Obama's pledge 
to put $3 billion over several years into the Green Climate Fund, which helps 
vulnerable countries adapt to the warming planet. 

Invoking the words of Martin Luther King, Jr., the pope said the world hasn't 
done enough to solve the problem. "We can say that we have defaulted on a 
promissory note and now is the time to honor it," he said. 

Back 


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Pope's climate message unlikely to sway Republicans Back 


By Andrew Restuccia and Darren Goode | 09/24/2015 05:48AM EDT 

The pope's pleas to take action on climate change will fall on deaf ears with 
many Republicans when he speaks before a joint session of Congress. 

Pope Francis has already made the issue a prominent part of his visit to 
Washington, using brief remarks at the White House on Wednesday to call 
climate change "a problem which can no longer be left to (a) future 
generation," and he praised President Barack Obama for efforts to curtail 
U.S. greenhouse gas emissions. 

"When it comes to the care of our common home, we are living at a critical 
moment of history," Pope Francis said. 

It's those type of comments that have prompted Republican Rep. Paul Gosar 
to vow to skip the Pontiffs address to lawmakers on Thursday, though most 
Republicans largely plan to remain reverential during his swing through 
Washington, agreeing to disagree with the pope on climate change without 
drawing too much attention. 

And lawmakers said this week that the pope's statements about the moral 
imperative of tackling global warming won't change Republicans' nearly- 
universal skepticism about climate science and their opposition to most 
comprehensive policies to rein in greenhouse gas emissions. 

"I'll certainly listen respectfully, but I don't think that his speech is going to 
change my mind on it," Sen. John Barrasso, who rejects mainstream climate 
science, told POLITICO. 

The pope's historic speech dovetails with a Hail Mary campaign by greens to 
persuade Republicans to back policies aimed at fighting climate change. But 
Democrats agreed that the pope's pleas are unlikely to change the stalemate 
in Congress any time soon. 

"Progressives are usually right, but too soon. Politics is not for sprinters; it's 
for marathoners," Massachusetts Sen. Ed Markey, a Catholic Democrat, said 
during an event hosted by the Center for American Progress Monday. 

"I think we have to be realistic about how quickly social change and opinion 
move," Rep. Ruben Gallego (D-Ariz.) told reporters on a conference call on 
Tuesday. 

It remains to be seen how much time the pope will devote to climate change 


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when he speaks to Congress on Thursday. Some observers predicted he 
would reserve most of his climate-related comments for a speech on Friday 
at the United Nations, where he can make the case for an ambitious 
international climate change agreement. Ahead of the visit, Audible.com 
released a free recording of the pope's climate change encyclical. 

In their respectful welcome to the pope, most Republicans are employing a 
strategy aimed at limiting the political blowback that accompanied Gosar's 
public pronouncement that he would boycott the speech because of the 
pope's climate advocacy. Despite Republicans' disagreement with the pope 
on climate change, none have announced plans to join Gosar's boycott of the 
pope to protest his climate activism. A Gosar spokesman had said other 
Republicans have expressed interest in joining the boycott but would not 
name any of the members. 

"If you use that logic then you would never attend a State of the Union 
Address," Sen. Jim Risch (R-Idaho), who is Catholic, said of Gosar's 
boycott. "So whether you agree or disagree on issues, I don't think that 
should in any way undermine the respect that should be shown him." 

Republicans have long seen the pope as an ally on issues like abortion, and 
they don't want to give Democrats an opening to make political hay out of 
their disagreement on climate. 

"Look, even Catholics have problems with various popes. But that doesn't 
stop from recognizing the importance of papal leadership," said Sen. Orrin 
Hatch (R-Utah), who is Mormon. "And even though there are many in 
Congress who are not members of the Catholic faith, I think eveiy one of us 
has tremendous respect for church leaders like the pope who are willing to 
stand up for principles." 

But that hasn't stopped Democrats and their progressive allies from trying to 
shine a bright spotlight on the pontiffs climate message through speeches on 
the Senate floor and in rallies steps away from the U.S. Capitol. 

Others have taken a more creative approach. For example, SumOfUs, a 
group that opposes the power of large corporations, and the Franciscan 
Action Network released a spoof of Donald Trump's "Apprentice" reality TV 
show that pits the pope against the GOP presidential candidates. 

It's an effort to put pressure on recalcitrant climate skeptics and to give 
Democrats and their supporters another wedge against Republicans ahead of 
the 2016 elections. 

Climate activists haven't given up hope that the pope's message will help 
convince moderate Republicans to come around on climate change in the 


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long term. They point to a recent resolution drafted by Republican Rep. 

Chris Gibson that acknowledges the threats posed by climate change and 
vows to address them. The resolution has 10 Republican co-sponsors. 

"We've seen more willingness to talk about it, but it's going to take a while," 
said Patrick Carolan, executive director of the Franciscan Action Network. 

Catholic observers also say the pope's message on climate change fits in with 
Republicans' anti-abortion stance. 

"He views climate change as a pro-life issue. It's veiy possible that when he 
talks about climate change that he'll couple it for caring for unborn children," 
said Christopher Hale, the executive director of Catholics in Alliance for the 
Common Good. 

"The way Pope Francis talks about climate change is not from the 
perspective of a secular environmental group," Hale added. "When the pope 
imagines climate change, he imagines refugees, not whales. And that is a 
message that could resonate with the GOP." 

B a ck 

As Clinton leans green, the oil industry frets Back 

By Elana Schor | 09/24/2015 05:48AM EDT 

Leaders of the oil and gas industry had long hoped that Hillary Clinton could 
be an easier president to work with than Barack Obama - but now they have 
reason to worry. 

In the past three weeks, Clinton has leaped to the left on three of Big Oil's 
most prized goals: Arctic offshore drilling, the GOP's plan to allow U.S. oil 
exports and the Keystone XL pipeline. And fossil-fuel supporters are starting 
to ask whether the Democrat who once struggled to connect with her party's 
green base will prove to be a bigger problem for the industry than they had 
expected. 

Oil and gas players are well aware that Clinton, reckoning with an 
unexpectedly close primary challenge from Sen. Bemie Sanders in Iowa and 
New Hampshire, has reasons to build her appeal among activists who oppose 
any new fossil-fuel production. But they wonder if this will herald a 
permanent policy shift for Clinton, who had rankled greens as secretary of 
state by overseeing a series of pro-Keystone environmental studies and 
creating a program to promote fracking overseas. 

"In the industry, there's starting to be a real disconnect here" when it comes 


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to Clinton, said Marty Durbin, president of America's Natural Gas Alliance 
and a former Democratic aide. "I don't know how you put the pieces back 
together to say, 'This could be a president that really recognizes the 
opportunity we have here to meet all of our goals.'" 

Rep. Kevin Cramer (R-N.D.), a close ally of his home state's oil and gas 
drillers, said he had sensed from them that they "hope that she'd be a more 
pragmatic liberal than the current occupant of the White House." But now, 
amid Clinton's new appeals to the environmental movement, Cramer offered 
the industry some advice: "Don't panic." 

"Everything has to be put in the context of the situation, and clearly she's 
trying to stop the slip of polling in her own primary," he said. 

Yet Clinton's camp sought to portray her Keystone opposition as anything 
but a recent move to bolster her standing against Sanders. Labor union 
officials knew in advance about her stance, an aide said Tuesday, and the 
campaign worked with the White House on the timing of the announcement. 

Clinton followed her Keystone comments on Tuesday with a longer 
statement on Wednesday that called for a stronger global focus on climate 
change and an infrastructure plan that emphasized securing the nation's 
existing energy systems rather than new constaiction. 

"I'm concerned when she says these things that it gives license to those who 
say 'She's with us, we can stop any project that's out there,"' said ANGA's 
Durbin. "We're not going to get to her vision of what we need for this 
country without getting the necessary infrastructure to make it happen." 

Tom Pyle, president of the conservative group American Energy Alliance, 
urged the oil and gas industry to see Clinton's approach to energy as closer to 
Obama - whom Cramer called a "tme believer" - than her husband. 

"At the end of the day, they're not going to get Bill Clinton, that's for sure," 
he said. 

Earlier this year, however, leaders of the American Petroleum Institute sent 
more positive signals about Clinton than they had offered Obama during his 
second term. 

Regardless of who wins the White House in 2016, "it's going to be better 
than what we have now," American Petroleum InstiAite director Erik Milito 
told an audience at April's Conservative Political Action Conference. 

Milito praised former President Bill Clinton for having "actually signed a 
piece of positive energy legislation" while in office, the industry-friendly 


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Deepwater Royalty Relief Act. But he warned dryly that Hillary Clinton's 
campaign chairman, John Podesta, is known as far from "supportive of 
policies that would help the oil and gas industry." 

API President Jack Gerard, a close friend of Mitt Romney, told 
TheStreet.com in April that "if there's anybody that understands the need for 
lifting the crude export ban, it's Hillary Clinton." 

Clinton's time as secretary of state shows that "she knows those European 
nations are clamoring to have our energy," Gerard added. API declined to 
comment further for this story. 

Clinton formed the Global Shale Gas Initiative in 2010, marshaling U.S. 
expertise and technology to help foreign nations develop their expertise in 
tapping the type of rock that has been behind the domestic oil and gas boom. 
She acknowledged in a speech that year that touting natural gas "in some 
places is controversial," a nod to green groups' resistance to the fossil fuel 
with a lower carbon footprint than coal or oil. 

"But natural gas is the cleanest fossil fuel available for power generation 
today," Clinton added then. 

David Goldwyn, who worked alongside Clinton on shaping that program as 
her special envoy for international energy, said oil and gas has nothing to 
fear from her potential administration - so long as the industry agrees to 
"stop blocking" any plans to tackle climate change. 

"She is somebody they can deal with who is less ideological than the current 
administration but no less committed to climate," Goldwyn said, predicting 
that if she is elected, "both the industry and environmental movement will 
see more concrete action in the next four years than the last." 

But first Clinton has to dispatch Sanders and Gov. Martin O'Malley in the 
primary. Both of her Democratic rivals tout their long-standing opposition to 
Keystone and Arctic drilling as proof that the national front-runner is late to 
climate activists' party. 

And some of those environmentalists, while elated by Clinton's recent 
moves, want to see her go still further left. May Boeve, executive director of 
350 Action, said her green group is "still looking for the rest of Hillary 
Clinton's plan - to stand up to fossil fuel companies by committing to keep 
vast majorities of known carbon reserves underground." 

Despite her opposition to Keystone and Arctic drilling, the oil and gas 
industry still has reasons to see Clinton as a possible partner. 


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Her comments on oil exports left room for an eventual deal on the issue, so 
long as any measure to end the 1970s-era ban on overseas crude sales 
"strikes the right balance." When a New Hampshire activist pressed her on 
greens' campaign to ban drilling on public lands, her positive but vague 
response mentioned only the possibility of "cutting back over time." 

Goldwyn said her approach to national security "understands the importance 
of a robust production base" for fuel even as "she demands we have serious 
action on climate at the same time." 

Still, as congressional Republicans lambaste Clinton for calling Obama's 
EPA emissions regulations "the floor, not the ceiling," the industry is likely 
to face its own choice between reaching out to Clinton or criticizing her 
more directly. 

Oil interests are "still treating her like they expect her to win and somehow 
be their friends when she does," GOP energy lobbyist Michael McKenna 
said. "They are wrong on both counts." 

Back 

To change your alert settings, please go to 

https://www.politicopro.com/member/aIerts 

This email was sent to mecabe.janet@epa.gov by: POLITICO, LLC 1000 
Wilson Blvd. Arlington, VA, 22209, USA 


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To: Grundler, Christopher[grundler.christopher@epa.gov]; Birgfeld, Erin[Birgfeld.Erin@epa.gov]; 

Hengst, Benjamin[Hengst.Benjamin@epa.gov]; Bunker, Byron[bunker.byron@epa.gov] 

From: Cohen, Janet 

Sent: Thur 9/24/2015 11:42:49 AM 

Subject: RE: From Janet 



From: Grundler, Christopher 

Sent: Thursday, September 24, 2015 7:41 AM 

To: Birgfeld, Erin; Hengst, Benjamin; Cohen, Janet; Bunker, Byron 

Subject: From Janet 


Need all hands on deck for press call prep 
Christopher Grundler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 

Begin forwarded message: 

From: "McCabe, Janet" < McCabe.Janet@epa.gov > 

Date: September 24, 2015 at 7:36:58 AM EDT 

To: "Gmndler, Christopher" < grundler.christopher@epa.gov > 

Cc: "Reynolds, Thomas" < Revnolds.Thomas@epa.gov >. "Millett, John" 

Subject: Re: Morning Energy, presented by the American Lung Association: The pope 
comes to Congress - Clinton alarms fossil fuel backers - Labor unions ask White 
House not to lower smog standard 

Ok. 


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Note that the press is starting to turn to why we didn't catch this sooner. 

. .'. Ex. 5 


Ex. 5 


Sent from my iPhone 

On Sep 24, 2015, at 7:33 AM, Grundler, Christopher < grundler.ehristopher@epa.gov > 
wrote: 

Ex. 5 

i_ 

Christopher Grundler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 

On Sep 24, 2015, at 7:31 AM, McCabe, Janet < McCabe.Janet@epa.gov > wrote: 


Ex. 5 


Sent from my iPhone 
Begin forwarded message: 

From: POLITICO Pro Energy < politicoemail@politicopro.com > 

Date: September 24, 2015 at 5:50:07 AM EDT 

To: < mccabe.lanet@epa.gov > 

Subject: Morning Energy, presented by the American Lung Association: 
The pope comes to Congress - Clinton alarms fossil fuel backers - Labor 
unions ask White House not to lower smog standard 
Reply-To: POLITICO subscriptions < replv-fe9410757067057871 - 
630326 HTML-637935392-1376319-0@politicoemail.com > 

By Eric Wolff | 09/24/2015 05:48AM EDT 

With help from Alex Guillen and Darius Dixon 


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POPE POPE POPE, POPEITY POPE POPE: Today is the day! 
Yesterday, Pope Francis made clear that he would not rely on subtlety to 
convey his message, baldly stating that climate change, immigration, and 
poverty were pressing problems that the United States must deal with head 
on, as Pro's Andrew Restuccia reported . Today the Pope will stand before a 
Congress whose majority does not agree with him on the subject of climate 
change and see if he can face them down. Most analysts think he can't, but 
today he gets to make his case. 

If you go and are a member of Congress, the Majority Leader advises you 
to be in your seats by 9 a.m. for the 10 a.m. speech. Don't be that one 
straggler who tries to sneak in the back late while the Speaker is making 
opening remarks. 

If you go and are of the hoi polloi: There are many places to watch it 
streaming, presumably including C-Span, but here's another two links, just in 
case: http://to.pbs.org/lV8dN 1 d and htt p://bit.lv/lFd2jHM . It will also be 
broadcast on a big screen at the West Front of the Capitol. 

Meanwhile, Moby and a bunch of other musicians will play on the 
National Mall to a climate change rally that organizers expect will draw tens 
of thousands of people. The group has been energized by Pope Francis' 
encyclical and his visit. The rally starts at 7:30 a.m. and will run until 12:30 
p.m., between 3rd St. and 7th St., opening the door for work-a-day 
government employees to drop in on the concert for an early lunch. 

YET ANOTHER THRILLING THURSDAY! I'm your host Eric Wolff, 
and I have to say the word 'Pope' is starting to lose all meaning for me. It's 
just a sequence of sounds, man. But with the Pontiff departing for New York 
today, I'll need all your energy tips, quips, and commentary at 

ewolff@politico.com . or follow us on Twitter @ericwolff, 

@Morning Energy , and @POLITICOPro . 




A message from the American Lung Association: Kids want to play 
outside. But high ozone days can lead to asthma attacks and premature death. 
That's why 73 percent of Americans support stricter limits on smog 
pollution. Stronger limits mean less smog and healthier lungs for our kids: 

www.fightingforair.org 




CLINTON STARTING TO ALARM FOSSIL FUEL INDUSTRIES: In 

the wake of Hillary Clinton's revelation Tuesday that she opposed the 
Keystone XL pipeline, the candidate released a longer statement in which 
she emphasized a global commitment to fighting climate change and 
improving the nation's existing infrastructure. The statement did little to 
mollify fossil fuel interests suddenly alarmed at Clinton's shift on the 
environment, as Pro's Elana Schor reports : "In the past three weeks, Clinton 


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has leaped to the left on three of Big Oil's most prized goals: Arctic offshore 
drilling, the GOP's plan to allow U.S. oil exports and the Keystone XL 
pipeline. And fossil-fuel supporters are starting to ask whether the Democrat 
who once struggled to connect with her party's green base will prove to be a 
bigger problem for the industry than they had expected...'In the industry, 
there's starting to be a real disconnect here' when it comes to Clinton, said 
Marty Durbin, president of America's Natural Gas Alliance." 

Who you callin' dirty? In her detailed statement . Clinton called crnde from 
Canadian tar sands, "North America's dirtiest fuel." A spokesman for 
TransCanada resents that remark, "The [California Air Resources Board] 
states there are 13 oil fields in California that generate more greenhouse gas 
emissions than Canadian diluted bitumen blends. And the 'dirtiest oil in 
North America' is produced just outside Los Angeles, where the Placerita oil 
field generates about twice the level of upstream emissions as the Canadian 
oil sands." So there! 

ME FIRST: UNIONS LIKE THE OZONE STANDARD RIGHT 
WHERE IT IS, THANK YOU VERY MUCH : Fierce lobbying continues 
unabated around the EPA's ozone mle, as the AFL-CIO, the International 
Brotherhood of Electrical Workers, and the building-trades unions, among 
others, head to the Office of Management and Budget today. The group of 
unions want the ozone standard to remain unchanged at 75 parts per billion, 
rather than lowering it to the 65 ppb to 70 ppb range EPA is considering. 
Brad Marked, executive director of the Industrial Union Council, told ME 
that tightening the standard was just one cut too many. "Industry is moving 
off-shore, trade hurts our industrial base. Right now we're staring at the 
[Trans Pacific Partnership], Industries are going to decide it's best not to be 
in the United States." 

SHOW ME THE MO...TION TO RECONSIDER THE MERGER: 

Exelon Corp. and Pepco Holdings have until the end of today to ask the D.C. 
Public Service Commission to reconsider regulators' rejection of the 
companies' merger last month. The two utilities haven't wavered from their 
plans to pursue the $6.8 billion deal and intend to press their case that 
putting Pepco under Exelon's roof is in the "public interest" for D.C. 
residents even though local regulators thought otherwise, and said so in no 
uncertain terms. 

FIGHTIN' IRISH MEETS FIGHTIN' IRISH: EPA chief Gina McCarthy 
will voyage to Notre Dame tomorrow to talk up climate change and the 
Obama administration's agenda. It's quite the timing coup for McCarthy, a 
Catholic, who will talk in part about the school's recent encyclical-inspired 
decision to pare back its use of coal-fired electricity. Her agenda includes a 
discussion on clean energy with students and professors and a press 
conference with the school's president. An EPA spokeswoman noted that 


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Notre Dame plays the University of Massachusetts - McCarthy's alma mater - 
in football on Saturday. 

CBO - STREAM ACT WOULD SAVE $1 MILLION A YEAR: The 

Congressional Budget Office says that implementing a House GOP bill 
blocking the Interior Department's rewrite of the stream buffer zone rule 
would lead to net savings of about $1 million per year between 2020 and 
2023. Rep. Alex Mooney's H.R. 1644, which cleared the Natural Resources 
Committee earlier this month, requires Interior to conduct a study of the 
original 1983 regulation and then wait a year before moving forward with a 
rewrite, essentially a three-year delay on the rule. The study would cost $2 
million, but that is offset by royalties from federal leases that would be lost if 
the rule were implemented on schedule, CBO concluded. The score: 
http:// ! ■usa.g0v/.lNUvan7 

DIESEL GROUP: VOLKSWAGEN WHO? NEVER HEARD OF 
THEM : Earlier in the week, news broke that certain models of diesel- 
engine Volkswagens had been installed with devices intended to fool 
emissions tests. Now as the hammer falls on Volkswagen — the company's 
CEO jumped ship yesterday — the Diesel Technology Forum, a trade group, 
is trying to avoid getting flattened. "The circumstances involving a single 
manufacturer do not define an entire technology, or an industry," the group 
said in a statement yesterday. "Vehicle manufacturers and engine makers 
have invested billions of dollars in research and development to successfully 
meet the most aggressive emissions standards in the world. They continue to 
work closely and cooperatively with the Environmental Protection Agency, 
California Air Resources Board, international regulatory bodies, as well as 
environmental and other interest groups toward common goals." 

The modified VWs pumped an extra 950,000 tons of N02 into the air 
each year, the equivalent of the entire United Kingdom power sector, 
according to an anlavsis by The Guardian. Looking at some EPA data, that's 
about half the 2014 N02 emissions from U.S. power generation, and about a 
fifth of the N02 emissions from all highway vehicles. 

QUICK HITS 

"Fracking Firms That Drove Oil Boom Struggle to Survive," WSJ: 

http://on.wsi. com/1 Wk2qFO 

"Trader facing large FERC penalties could see big payoff as whistleblower 
in bank case," SNL: http://bit.lv/lLOEv50 

"US coal companies see a bright spot: pizza ovens," Boston Globe: 

http ://bit.lv/l Fvbrrf 


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"Portable Wind Turbines Power Phones or Homes," Discovery News: 

http: //bit .1'y /1R1 nG sz 

--g--^— 


HAPPENING THURSDAY 


7:30 a.m. - 12:30 - "Rally With Pope Francis in the Call to Moral Action for 
Climate Justice," The National Mall, Between 4th & 7th, 

http://bit.1v/l Mk.XRq9 

9:20 a.m. - Pope scheduled to arrive at the Capitol 

10 a.m. - Pope Francis makes speech a Joint Session of Congress 

11 a.m. - Pope Francis makes appearance on West Front of Capitol 

4 p.m. - Pope Francis leaves for Joint Base Andrews and departure to New 
York City. 




A message from the American Lung Association: Americans deserve 
air to breathe that does not make them sick or die prematurely. Studies show 
that breathing too much ozone pollution can trigger asthma attacks, and send 
people with heart or lung disease to the emergency room, or worse. So join 
the 73 percent of Americans who support stricter limits on smog. Let's make 
the air outside safer for our kids to breathe: www.fightingforair.org 




To view online : 

https://www.politicopro.com/tipsheets/morning-energv/2015/09/pro-moming- 
energv-wolff-013 811 


Stories from POLITICO Pro 

Pope praises Obama on climate, calls for 'serious' action B ack 

By Andrew Restuccia | 09/24/2015 05:48AM EDT 

Pope Francis praised President Barack Obama today for taking steps to cut 
greenhouse gas emissions, and he warned that climate change "is a problem 
which can no longer be left to a future generation." 

The pope, speaking in English in front of the White House, said he is 
"encouraged" by the president's global warming agenda, which includes first- 
ever climate regulations for the country's fleet of power plants. 

The pope made climate change a central part of his remarks, a signal that the 
issue will take center stage during his trip through the United States, and 
possibly during his speech to a joint session of Congress on Thursday. 


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He said countries "still have time to make the change needed" to tackle 
climate change, offering a hopeful message that "things can change." 

The pope also warned of the effect that global wanning has on the world's 
poor and vulnerable populations, calling for a "serious" response to climate 
change that takes into account "the millions of people living under a system 
which has overlooked them." 

The comments appear to be intended to send a signal to those who have been 
reluctant to help fund poor countries' effort deal with die effects of climate 
change. Republicans in Congress, for example, are resisting Obama's pledge 
to put $3 billion over several years into the Green Climate Fund, which helps 
vulnerable countries adapt to the warming planet. 

Invoking the words of Martin Luther King, Jr., the pope said the world hasn't 
done enough to solve the problem. "We can say that we have defaulted on a 
promissory note and now is the time to honor it," he said. 

Back 

Pope's climate message unlikely to sway Republicans Back 

By Andrew Restuccia and Darren Goode | 09/24/2015 05:48AM EDT 

The pope's pleas to take action on climate change will fall on deaf ears with 
many Republicans when he speaks before a joint session of Congress. 

Pope Francis has already made the issue a prominent part of his visit to 
Washington, using brief remarks at the White House on Wednesday to call 
climate change "a problem which can no longer be left to (a) future 
generation," and he praised President Barack Obama for efforts to curtail 
U.S. greenhouse gas emissions. 

"When it comes to the care of our common home, we are living at a critical 
moment of history," Pope Francis said. 

It's those type of comments that have prompted Republican Rep. Paul Gosar 
to vow to skip the Pontiffs address to lawmakers on Thursday, though most 
Republicans largely plan to remain reverential during his swing through 
Washington, agreeing to disagree with the pope on climate change without 
drawing too much attention. 

And lawmakers said this week that the pope's statements about the moral 
imperative of tackling global warming won't change Republicans' nearly - 
universal skepticism about climate science and their opposition to most 


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comprehensive policies to rein in greenhouse gas emissions. 

"I'll certainly listen respectfully, but I don't think that his speech is going to 
change my mind on it," Sen. John Barrasso, who rejects mainstream climate 
science, told POLITICO. 

The pope's historic speech dovetails with a Hail Maiy campaign by greens to 
persuade Republicans to back policies aimed at fighting climate change. But 
Democrats agreed that the pope's pleas are unlikely to change the stalemate 
in Congress any time soon. 

"Progressives are usually right, but too soon. Politics is not for sprinters; it's 
for marathoners," Massachusetts Sen. Ed Markey, a Catholic Democrat, said 
during an event hosted by the Center for American Progress Monday. 

"I think we have to be realistic about how quickly social change and opinion 
move," Rep. Ruben Gallego (D-Ariz.) told reporters on a conference call on 
Tuesday. 

It remains to be seen how much time the pope will devote to climate change 
when he speaks to Congress on Thursday. Some observers predicted he 
would reserve most of his climate-related comments for a speech on Friday 
at the United Nations, where he can make the case for an ambitious 
international climate change agreement. Ahead of the visit, Audible.com 
released a free recording of the pope's climate change encyclical. 

In their respectful welcome to the pope, most Republicans are employing a 
strategy aimed at limiting the political blowback that accompanied Gosar's 
public pronouncement that he would boycott the speech because of the 
pope's climate advocacy. Despite Republicans' disagreement with the pope 
on climate change, none have announced plans to join Gosar's boycott of the 
pope to protest his climate activism. A Gosar spokesman had said other 
Republicans have expressed interest in joining the boycott but would not 
name any of the members. 

"If you use that logic then you would never attend a State of the Union 
Address," Sen. Jim Risch (R-Idaho), who is Catholic, said of Gosar's 
boycott. "So whether you agree or disagree on issues, I don't think that 
should in any way undermine the respect that should be shown him." 

Republicans have long seen the pope as an ally on issues like abortion, and 
they don't want to give Democrats an opening to make political hay out of 
their disagreement on climate. 

"Look, even Catholics have problems with various popes. But that doesn't 
stop from recognizing the importance of papal leadership," said Sen. Orrin 


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Hatch (R-Utah), who is Mormon. "And even though there are many in 
Congress who are not members of the Catholic faith, I think every one of us 
has tremendous respect for church leaders like the pope who are willing to 
stand up for principles." 

But that hasn't stopped Democrats and their progressive allies from trying to 
shine a bright spotlight on the pontiffs climate message through speeches on 
the Senate floor and in rallies steps away from the U.S. Capitol. 

Others have taken a more creative approach. For example, SumOfUs, a 
group that opposes the power of large corporations, and the Franciscan 
Action Network released a spoof of Donald Trump's "Apprentice" reality TV 
show that pits the pope against the GOP presidential candidates. 

It's an effort to put pressure on recalcitrant climate skeptics and to give 
Democrats and their supporters another wedge against Republicans ahead of 
the 2016 elections. 

Climate activists haven't given up hope that the pope's message will help 
convince moderate Republicans to come around on climate change in the 
long term. They point to a recent resolution drafted by Republican Rep. 

Chris Gibson that acknowledges the threats posed by climate change and 
vows to address them. The resolution has 10 Republican co-sponsors. 

"We've seen more willingness to talk about it, but it's going to take a while," 
said Patrick Carolan, executive director of the Franciscan Action Network. 

Catholic observers also say the pope's message on climate change fits in with 
Republicans' anti-abortion stance. 

"He views climate change as a pro-life issue. It's very possible that when he 
talks about climate change that he'll couple it for caring for unborn children," 
said Christopher Hale, the executive director of Catholics in Alliance for the 
Common Good. 

"The way Pope Francis talks about climate change is not from the 
perspective of a secular environmental group," Hale added. "When the pope 
imagines climate change, he imagines refugees, not whales. And that is a 
message that could resonate with the GOP." 



As Clinton leans green, the oil industry frets Back 

By Elana Schor | 09/24/2015 05:48AM EDT 


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Leaders of the oil and gas industry had long hoped that Hillary Clinton could 
be an easier president to work with than Barack Obama - but now they have 
reason to worry. 

In the past three weeks, Clinton has leaped to the left on three of Big Oil's 
most prized goals: Arctic offshore drilling, the GOP's plan to allow U.S. oil 
exports and the Keystone XL pipeline. And fossil-fuel supporters are starting 
to ask whether the Democrat who once struggled to connect with her party's 
green base will prove to be a bigger problem for the industry than they had 
expected. 

Oil and gas players are well aware that Clinton, reckoning with an 
unexpectedly close primary challenge from Sen. Bemie Sanders in Iowa and 
New Hampshire, has reasons to build her appeal among activists who oppose 
any new fossil-fuel production. But they wonder if this will herald a 
permanent policy shift for Clinton, who had rankled greens as secretary of 
state by overseeing a series of pro-Keystone environmental studies and 
creating a program to promote fracking overseas. 

"In the industry, there's starting to be a real disconnect here" when it comes 
to Clinton, said Marty Durbin, president of America's Natural Gas Alliance 
and a former Democratic aide. "I don't know how you put the pieces back 
together to say, 'This could be a president that really recognizes the 
opportunity we have here to meet all of our goals.'" 

Rep. Kevin Cramer (R-N.D.), a close ally of his home state's oil and gas 
drillers, said he had sensed from them that they "hope that she'd be a more 
pragmatic liberal than the current occupant of the White House." But now, 
amid Clinton's new appeals to the environmental movement, Cramer offered 
the industry some advice: "Don't panic." 

"Everything has to be put in the context of the situation, and clearly she's 
trying to stop the slip of polling in her own primary," he said. 

Yet Clinton's camp sought to portray her Keystone opposition as anything 
but a recent move to bolster her standing against Sanders. Labor union 
officials knew in advance about her stance, an aide said Tuesday, and the 
campaign worked with the White House on the timing of the announcement. 

Clinton followed her Keystone comments on Tuesday with a longer 
statement on Wednesday that called for a stronger global focus on climate 
change and an infrastructure plan that emphasized securing the nation's 
existing energy systems rather than new construction. 

"I'm concerned when she says these things that it gives license to those who 
say 'She's with us, we can stop any project that's out there,"' said ANGA's 


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Durbin. "We're not going to get to her vision of what we need for this 
country without getting the necessary infrastructure to make it happen." 

Tom Pyle, president of the conservative group American Energy Alliance, 
urged the oil and gas industry to see Clinton's approach to energy as closer to 
Obama - whom Cramer called a "true believer" - than her husband. 

"At the end of the day, they're not going to get Bill Clinton, that's for sure," 
he said. 

Earlier this year, however, leaders of the American Petroleum Institute sent 
more positive signals about Clinton than they had offered Obama during his 
second term. 

Regardless of who wins the White House in 2016, "it's going to be better 
than what we have now," American Petroleum Institute director Erik Milito 
told an audience at April's Conservative Political Action Conference. 

Milito praised former President Bill Clinton for having "actually signed a 
piece of positive energy legislation" while in office, the industry-friendly 
Deepwater Royalty Relief Act. But he warned dryly that Hillary Clinton's 
campaign chairman, John Podesta, is known as far from "supportive of 
policies that would help the oil and gas industry." 

API President Jack Gerard, a close friend of Mitt Romney, told 
TheStreet.com in April that "if there's anybody that understands the need for 
lifting the crude export ban, it's Hillary Clinton." 

Clinton's time as secretary of state shows that "she knows those European 
nations are clamoring to have our energy," Gerard added. API declined to 
comment further for this story. 

Clinton formed the Global Shale Gas Initiative in 2010, marshaling U.S. 
expertise and technology to help foreign nations develop their expertise in 
tapping the type of rock that has been behind the domestic oil and gas boom. 
She acknowledged in a speech that year that touting natural gas "in some 
places is controversial," a nod to green groups' resistance to the fossil fuel 
with a lower carbon footprint than coal or oil. 

"But natural gas is the cleanest fossil fuel available for power generation 
today," Clinton added then. 

David Goldwyn, who worked alongside Clinton on shaping that program as 
her special envoy for international energy, said oil and gas has nothing to 
fear from her potential administration - so long as the industry agrees to 
"stop blocking" any plans to tackle climate change. 


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"She is somebody they can deal with who is less ideological than the current 
administration but no less committed to climate," Goldwyn said, predicting 
that if she is elected, "both the industry and environmental movement will 
see more concrete action in the next four years than the last." 

But first Clinton has to dispatch Sanders and Gov. Martin O'Malley in the 
primary. Both of her Democratic rivals tout their long-standing opposition to 
Keystone and Arctic drilling as proof that the national front-runner is late to 
climate activists' party. 

And some of those environmentalists, while elated by Clinton's recent 
moves, want to see her go still further left. May Boeve, executive director of 
350 Action, said her green group is "still looking for the rest of Hillary 
Clinton's plan - to stand up to fossil fuel companies by committing to keep 
vast majorities of known carbon reserves underground." 

Despite her opposition to Keystone and Arctic drilling, the oil and gas 
industry still has reasons to see Clinton as a possible partner. 

Her comments on oil exports left room for an eventual deal on the issue, so 
long as any measure to end the 1970s-era ban on overseas crude sales 
"strikes the right balance." When a New Hampshire activist pressed her on 
greens' campaign to ban drilling on public lands, her positive but vague 
response mentioned only the possibility of "cutting back over time." 

Goldwyn said her approach to national security "understands the importance 
of a robust production base" for fuel even as "she demands we have serious 
action on climate at the same time." 

Still, as congressional Republicans lambaste Clinton for calling Obama's 
EPA emissions regulations "the floor, not the ceiling," the industry is likely 
to face its own choice between reaching out to Clinton or criticizing her 
more directly. 

Oil interests are "still treating her like they expect her to win and somehow 
be their friends when she does," GOP energy lobbyist Michael McKenna 
said. "They are wrong on both counts." 


Back 


To change your alert settings, please go to 

https://www.politicopro.com/member/aIerts 


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mccabe.janet@epa.gov by: POLITICO, 


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To: Grundler, Christopher[grundler.christopher@epa.gov]; Birgfeld, Erin[Birgfeld.Erin@epa.gov]; 

Hengst, Benjamin[Hengst.Benjamin@epa.gov]; Cohen, Janet[cohen.janet@epa.gov] 

From: Bunker, Byron 

Sent: Thur 9/24/2015 11:48:55 AM 

Subject: RE: From Janet 


Got it. 


************************** 

Byron Bunker 

Director Compliance Division 

Office of Transportation and Air Quality 

Environmental Protection Agency 

2000 Traverwood Drive 

Ann Arbor, Ml 48105 

Bunker.Byron@epa.gov 

Phone: (734) 214-4155 

Mobile: (734) 353-9623 
******************************** 


From: Grundler, Christopher 

Sent: Thursday, September 24, 2015 7:41 AM 

To: Birgfeld, Erin; Hengst, Benjamin; Cohen, Janet; Bunker, Byron 

Subject: From Janet 


Need all hands on deck for press call prep 
Christopher Gmndler, Director 
Office of Transportation and Air Quality 
U.S. EPA 


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202-564-1682 (DC) 


734-214-4207 (Ann Arbor) 

Begin forwarded message: 

From: "McCabe, Janet" < McCabe.Janet@epa.gov > 

Date: September 24, 2015 at 7:36:58 AM EDT 

To: "Gmndler, Christopher" < grundler.christopher@epa.gov > 

Cc: "Reynolds, Thomas" < Revnolds.Thomas@epa.gov >. "Millett, John" 

< Millett.John@epa.gov > 

Subject: Re: Morning Energy, presented by the American Lung Association: The pope 
comes to Congress - Clinton alarms fossil fuel backers - Labor unions ask White 
House not to lower smog standard 



Sent from my iPhone 


On Sep 24, 2015, at 7:33 AM, Grundler, Christopher < grundler.cliristopher@epa.gov > 
wrote: 


Ex. 5 


Christopher Grundler, Director 
Office of Transportation and Air Quality 
U.S. EPA 

202-564-1682 (DC) 

734-214-4207 (Ann Arbor) 

On Sep 24, 2015, at 7:31 AM, McCabe, Janet < McCabe.Janet@epa.gov > wrote: 


L. 



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Sent from my iPhone 
Begin forwarded message: 

From: POLITICO Pro Energy < politicoemail@,politicopro.com > 

Date: September 24, 2015 at 5:50:07 AM EDT 

To: < mccabe.ianet@epa.gov > 

Subject: Morning Energy, presented by the American Lung Association: 
The pope comes to Congress - Clinton alarms fossil fuel backers - Labor 
unions ask White House not to lower smog standard 
Reply-To: POLITICO subscriptions < replv-fe94.1075706705787.1- 
630326_HTML~637935392~ 1376319-0@politieoemail.com > 

By Eric Wolff | 09/24/2015 05:48AM EDT 

With help from Alex Guillen and Darius Dixon 

POPE POPE POPE, POPEITY POPE POPE: Today is the day! 
Yesterday, Pope Francis made clear that he would not rely on subtlety to 
convey his message, baldly stating that climate change, immigration, and 
poverty were pressing problems that the United States must deal with head 
on, as Pro's Andrew Restuccia re ported . Today the Pope will stand before a 
Congress whose majority does not agree with him on the subject of climate 
change and see if he can face them down. Most analysts think he can't, but 
today he gets to make his case. 

If you go and are a member of Congress, the Majority Leader advises you 
to be in your seats by 9 a.m. for the 10 a.m. speech. Don't be that one 
straggler who tries to sneak in the back late while the Speaker is making 
opening remarks. 

If you go and are of the hoi polloi: There are many places to watch it 
streaming, presumably including C-Span, but here's another two links, just in 
case: http://t 0 .pbs. 0 rg/l V8dN 1 d and htt p://bit.lv/lFd2jHM . It will also be 
broadcast on a big screen at the West Front of the Capitol. 

Meanwhile, Moby and a bunch of other musicians will play on the 
National Mall to a climate change rally that organizers expect will draw tens 
of thousands of people. The group has been energized by Pope Francis' 
encyclical and his visit. The rally starts at 7:30 a.m. and will run until 12:30 
p.m., between 3rd St. and 7th St., opening the door for work-a-day 
government employees to drop in on the concert for an early lunch. 

YET ANOTHER THRILLING THURSDAY! I'm your host Eric Wolff, 
and I have to say the word 'Pope' is starting to lose all meaning for me. It's 


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just a sequence of sounds, man. But with the Pontiff departing for New York 
today, I'll need all your energy tips, quips, and commentary at 

ewolff@politico.com . or follow us on Twitter @ericwolff. 

@Morning Energy , and @POLITICOPro . 


** 


A message from the American Lung Association: Kids want to play 
outside. But high ozone days can lead to asthma attacks and premature death. 
That's why 73 percent of Americans support stricter limits on smog 
pollution. Stronger limits mean less smog and healthier lungs for our kids: 

www. fi ghtingforair. org 




CLINTON STARTING TO ALARM FOSSIL FUEL INDUSTRIES: In 

the wake of Hillary Clinton's revelation Tuesday that she opposed the 
Keystone XL pipeline, the candidate released a longer statement in which 
she emphasized a global commitment to fighting climate change and 
improving the nation's existing infrastructure. The statement did little to 
mollify fossil fuel interests suddenly alarmed at Clinton's shift on the 
environment, as Pro's Elana Schor reports : "In the past three weeks, Clinton 
has leaped to the left on three of Big Oil's most prized goals: Arctic offshore 
drilling, the GOP's plan to allow U.S. oil exports and the Keystone XL 
pipeline. And fossil-fuel supporters are starting to ask whether the Democrat 
who once struggled to connect with her party's green base will prove to be a 
bigger problem for the industry than they had expected...'In the industry, 
there's starting to be a real disconnect here' when it comes to Clinton, said 
Marty Durbin, president of America's Natural Gas Alliance." 

Who you callin' dirty? In her detailed statement . Clinton called crude from 
Canadian tar sands, "North America's dirtiest fuel." A spokesman for 
TransCanada resents that remark, "The [California Air Resources Board] 
states there are 13 oil fields in California that generate more greenhouse gas 
emissions than Canadian diluted bitumen blends. And the 'dirtiest oil in 
North America' is produced just outside Los Angeles, where the Placerita oil 
field generates about twice the level of upstream emissions as the Canadian 
oil sands." So there! 


ME FIRST: UNIONS LIKE THE OZONE STANDARD RIGHT 
WHERE IT IS, THANK YOU VERY MUCH : Fierce lobbying continues 
unabated around the EPA's ozone rule, as the AFL-CIO, the International 
Brotherhood of Electrical Workers, and the building-trades unions, among 
others, head to the Office of Management and Budget today. The group of 
unions want the ozone standard to remain unchanged at 75 parts per billion, 
rather than lowering it to the 65 ppb to 70 ppb range EPA is considering. 
Brad Marked, executive director of the Industrial Union Council, told ME 
that tightening the standard was just one cut too many. "Industry is moving 
off-shore, trade hurts our industrial base. Right n