Volkswagen Settlement - Environmental

Mitigation Trust


On October 25, 2016, the United States District Court for the District of Northern California approved a settlement with Volkswagen (VW) addressing 2.0 liter diesel engines. This action was taken to partially settle allegations by EPA and California that VW used illegal defeat devices on Model Year 2009-2015 diesel vehicles to evade emission tests, resulting in an exceedance of tailpipe emissions for nitrogen oxides (NOx). The settlement requires VW to establish an environmental mitigation trust for states (including tribes, DC and Puerto Rico) to implement projects that reduce NOx emissions. In addition, a second partial consent decree was approved in December 2016 dealing with 3.0 liter diesel engines.

Trust Allocations

The State of Kansas will receive nearly $15.6 million over the next ten years for projects that reduce NOx emissions. The Kansas Department Health and Environment will be the lead agency to act on behalf of the trust for the State of Kansas.

Anticipated Timeline

Anticipated Date

Court approved partial settlement, 2.0 liter engines

October 25, 2016

Court approved partial settlement, 3.0 liter engines

December 20, 2016

Trust effective date established

October 2, 2017

Kansas was certified as a trust beneficiary

January 30, 2018

Kansas submits plan overview to third-party trust

August 6, 2018

First projects to be funded in Kansas


Final Plan Overview

The Kansas Department of Health and Environment offered a public comment period between June 1 and July 2, 2018. The final version the plan overview is posted below. The document is required by the third-party trust before KDHE can access the trust funds for planning and projects.

Eligible Mitigation Actions = Eligible Projects

There is a considerable list of eligible actions for government and non-government owned vehicles. Each category has model year, funding level and other restrictions. The Volkswagen Mitigation Plan Toolkit provides details of eligible actions and maximum project amounts.

The following is the list of eligible projects from the settlement documents. Projects involving ferries/tugs and shorepower for ocean going vessels are not being considered in the Kansas plan:

  • Class 8 Local Freight and Port Drayage Trucks - Engine repowers and vehicle replacements
  • Class 4-8 School Bus, Shuttle Bus, or Transit Bus - Engine repowers and vehicle replacements
  • Freight switchers (locomotives) - Engine repowers and vehicle replacements
  • Improvements to Ferries and Tugs
  • Shorepower for Ocean Going Vessels
  • Class 4-7 Local Freight Trucks - Engine repowers and vehicle replacements
  • Air Ground Support Equipment - Engine repowered or replaced with an all-electric engine
  • Forklifts and Port Cargo Handling Equipment - Engine repowered or replaced with an all-electric engine
  • Light Duty Zero Emission Vehicle Supply Equipment - Charging stations or hydrogen dispensing equipment
  • Diesel Emission Reduction Act (DERA) - State-level program expansion

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