Jeep Grand Cherokees and Ram 1500s from the 2014 through 2016 model years with 3.0-liter diesel engines may have emission-control equipment that violates the Clean Air Act, the EPA alleged Thursday. The regulator would not go as far as to say Fiat Chrysler Automobiles used a “defeat device,” the term for software used by Volkswagen to deliberately trick emissions tests, but instead said that FCA failed to disclose engine-management software in the vehicles and slapped the automaker with a Notice of Violation (NOV).
The EPA’s NOV stems from expanded testing that began in September 2015. The regulator alleges that the FCA vehicles in question had at least eight undisclosed auxiliary emission control devices, or AECDs, that reduced the effectiveness of emission controls when driving at high speeds or during extended driving. That means the vehicles emit what the EPA defines as a harmful level of nitrogen oxides, or NOx. About 104,000 vehicles are affected by the allegations.
“Failing to disclose software that affects emissions in a vehicle’s engine is a serious violation of the law, which can result in harmful pollution in the air we breathe,” said Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance. “We continue to investigate the nature and impact of these devices. All automakers must play by the same rules, and we will continue to hold companies accountable that gain an unfair and illegal competitive advantage.”
Giles told reporters during a conference call Thursday morning that the agency is still investigating whether these undisclosed AECDs constitute defeat devices. The EPA has not yet determined how the violations can be fixed, whether through an additive to the vehicle’s powertrain, a software update, or by altering hardware. “Those technical discussions are still underway,” Giles said.
Giles would not say whether other automakers are under investigation for similar violations.
FCA issued a response saying it was “disappointed” that the EPA chose to issue the NOV. “FCA US intends to work with the incoming administration to present its case and resolve this matter fairly and equitably and to assure the EPA and FCA US customers that the company’s diesel-powered vehicles meet all applicable regulatory requirements,” the company said in a statement.
FCA added that its diesel engines are quipped with “state-of-the-art emission control systems hardware, including selective catalytic reduction (SCR).” The automaker said it believes its emission control systems meet applicable requirements. FCA said it has provided a wealth of information to the EPA.
And Giles said the EPA, for its part, has been in discussions with FCA for months, but the automaker has so far been unable to adequately explain the undisclosed AECDs.
Still, the automaker said, “FCA US has proposed a number of actions to address EPA’s concerns, including developing extensive software changes to our emissions control strategies that could be implemented in these vehicles immediately to further improve emissions performance.”
Giles was asked during the conference call if the software used by FCA could in fact be legal. She said AECDs that are not disclosed are illegal. “So the acts hat the company did not disclose these AECDs is a violation of the Clean Air Act,” Giles said.
The announcement from the EPA comes just one day after Volkswagen pleaded guilty to three criminal felony charges and agreed to pay $4.3 billion to settle with federal agencies as part of its ongoing diesel emissions scandal. That’s in addition to about $15 billion the German automaker has set aside to buy back or fix affected cars while also giving cash payments to their owners and lessees.
Volkswagen admitted in September 2015 to deliberately installing defeat devices in about a half-million VW and Audi cars in the United States to cheat emissions tests. The automaker has since abandoned its clean-diesel vehicle push in favor of focusing on electrification in its future products.
Giles said Thursday the EPA’s apparent crackdown on potential diesel-emissions violations does not mean that a clean-burning diesel vehicle cannot meet regulatory standards.
“There are several certified 2017 diesel vehicles available today, and more are coming,” she said, pointing to the Ford and Mazda brands as general examples. “So it’s by no means impossible to make a clean diesel passenger vehicle that meets proper standards.”
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