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An Overview of the VW Environmental Mitigation Settlement Andy Bessler Project Director Institute for Tribal Environmental Professionals Northern Arizona University For Non-Profit Educational Use Only

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Page 1: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

An Overview of the VW Environmental Mitigation Settlement

Andy BesslerProject Director

Institute for Tribal Environmental ProfessionalsNorthern Arizona University

For Non-Profit Educational Use Only

Page 2: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

∗Overview of the VW Settlement

∗How Tribes Can Apply for Funding

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Page 3: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

Diesel vs Gasoline Engines

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Page 4: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

Diesel vs Gasoline Engines

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• Gasoline and diesel are both fuels refined from crude oil, but with significant chemical differences.

• Before being refined, crude oil contains a variety of hydrocarbon compounds. Refineries separate these compounds into a variety of products, including gasoline and diesel.

• Gasoline and diesel require different engine technology, so cars and trucks will use one fuel or the other, never both.

• In comparison to gasoline, diesel:• Is denser and harder to ignite• Allows greater torque (pulling power) but less horsepower (less velocity)• Contains more energy per gallon of fuel than gasoline (generally resulting in higher

fuel economy)• Contains more carbon per gallon (generally resulting in more CO2 emissions per

gallon)• Has, on average, 30% more nitrogen dioxide emissions and more particulate matter

emissions

Page 5: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

Diesel vs Gasoline Engines

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Page 6: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

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Page 7: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

News Headlines from theVW Settlement

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September 18, 2015 EPA, CARB issues Notice of Violation to VW for Clean Air Acts emissions standards

January 4, 2016 U.S. government files complaint against Volkswagen for alleged CAA violations

June 28, 2016 VW settles emissions-cheating cases for $14.7 billion and agrees to buy back cars

October 2, 2017 DOJ and EPA announce VW Mitigation Trust Agreement of $2.8 billion

December 6, 2017 Volkswagen Official Gets 7-Year Term in Diesel-Emissions Cheating

February 22, 2018 Documentary filmmaker Alex Gibney created the Netflix series on Volkswagen's emissions scandal

May 4, 2018 Former Volkswagen CEO Indicted Over Emissions Testing Scandal

November 19, 2018 VW Emissions Trust to Fund More Tribes’ Air Quality Efforts

Page 8: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

∗ Environmental Mitigation Trust Agreement∗ Filed with the U.S. District Court of the Northern District of California

on Sept. 9, 2017 and a Trust Effective Date was filed on Oct. 2, 2017. Modifications made in 2018 and approved by court on Nov. 16, 2018. Awaiting final signatures.

∗ Funding for States and Tribes for NOx emission mitigation projects∗ $54.5 million federally recognized Tribes∗ $2.8 billion for States and Territories∗ About $8 million to State of Alaska

∗ Funds dispersed over 4 years to all 573 Federally Recognized Tribes, until 2021 based on procedures outlined in the Trust Agreement Appendix documents.

∗ If funds remain after 2021, remaining funds will be offered for another year.

∗ Tribes submit documents to both federal court and trustee to opt in.

Overview of the VW Environmental Mitigation Trust Agreement

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Page 9: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

∗ Repower, replace engines, or new vehicles∗ Class 8 / Port Drayage Trucks∗ Class 4 – 8 School Buses, Transit Bus∗ Ferries, Tugs∗ Ocean Going Vessels∗ Class 4 – 7 Local Freight Trucks∗ Forklifts

∗ DERA Option

Eligible Mitigation Actions, D-2

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Page 10: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

∗ Most vehicles must be 1992-2009∗ 100% replacement for Tribally owned vehicles∗ 40-70% cost of Non-Tribally owned vehicles∗ Replace dirty diesels with ∗ Cleaner diesel ∗ Propane ∗ CNG ∗ Electric

Eligible Mitigation Actions, D-2

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Page 11: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

∗ DERA Option in D-2 for eligible generators and construction equipment

∗ 2018 EPA’s Tribal Request for Applications OPEN DEADLINE EXTENDED TO APRIL 3, 2019

∗ DERA Option uses three pots of money:∗ EPA DERA Grant∗ VW Settlement funds (Voluntary Match)∗ Tribal Mandatory Match

Diesel Emission Reduction Act (DERA) Option and Eligibility

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Page 12: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

∗ First round of funding closed for Tribes on 1/2/18∗ 29 Tribes were certified by court in first round ∗ 26 submitted Eligible Mitigation Action Plans∗ 2 Native Alaskan Villages: Beaver Village and Native

Village of Stevens using DERA Option

∗ Tribes can apply for funding each year until 2021∗ If funds remain, a fifth funding cycle will be offered∗ ITEP will establish a Tribal Advisory Council starting

in 2019

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VW Settlement Next Steps

Page 13: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

∗ Call ITEP for help and review D-2 options∗ Register with Trustee on Intralinks and certify with Incumbency

forms∗ Submit D-3 in March, 2019∗ Trustee files Notice of Beneficiary Designation in May, 2019∗ Trustee informs Tribes in May, 2019 about funds available to each

Tribe∗ Tribes submit Appendix D-6 in June, 2019 if they wish to participate

or opt out∗ Trustee informs Tribes in June, 2019 final funds available∗ Within 60 days, Tribes submit either mitigation plan and budget or

opt Out form (D-7)∗ Within 60 days, Trustee approves, disapproves or requests

modifications∗ Payments made for approved plans to Tribes in December, 2019

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Steps for Tribes to Apply for Funds2019-2021

Page 14: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

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Documents Required for Filing by Tribes

Documents Reminders Filing Locations

INTRALINKS INCUMBENCY CERTIFICATE

ONLY REQUIRED OFTRIBES WHO HAVE NOT

BEEN DESIGNATED ASBENEFICIARIES (PER

TRUSTEE’S NOTICE OFBENEFICIARY

DESIGNATION DATEDJANUARY 29, 2018)

EMAIL TO TRUSTEE AT:

[email protected]

INCUMBENCY AND EXHIBIT A

ONCE DESIGNATED ASBENEFICIARY, TRIBE

MUST FILE THESE WITHTRUSTEE

NEEDS TO BE FILEDWITH TRUSTEE BEFORE

TRIBE CAN BE PAIDUNDER AN APPROVED

APPENDIX D-4 SUBMISSION

INTRALINKS:

INTRALINKS FILLABLE DOCUMENTSAVAILABLE IN “WT SECURITYPROCEDURES” FOLDER INSIDE

“GENERAL INFORMATION” FOLDER

MUST COMPLETE AND FILE IN TRIBE’S“INCUMBENCY AND EXHIBIT A”

FOLDER

Page 15: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

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Documents Required for Filing by TribesDocuments Reminders Filing Locations

APPENDIX D-3 - BENEFICIARY STATUS CERTIFICATIONFORM

ONLY REQUIRED OF TRIBESWHO DID NOT PARTICIPATE IN

FIRST FUNDING CYCLE

COURT

(VIA CM/ECF SYSTEM, ACCESSED BYATTORNEYS)INTRALINKS

HARD COPY TO:

VOLKSWAGEN DIESEL EMISSIONSENVIRONMENTAL MITIGATION TRUST FOR

INDIAN TRIBE BENEFICIARIES

WILMINGTON TRUST, NATIONALASSOCIATION

ATTENTION: CAPITAL MARKETS ANDAGENCY SERVICES

RODNEY SQUARE NORTH

1100 NORTH MARKET STREET

WILMINGTON, DE 19890

APPENDIX D-6 - BENEFICIARY’S PARTICIPATIONNOTICE

NEEDED BY ALL TRIBESPARTICIPATING IN THE SECOND

FUNDING CYCLEINTRALINKS

APPENDIX D-4 – ENVIRONMENTAL MITIGATIONACTION CERTIFICATION FORM

ONLY NEEDED IF TRIBE IS NOTSUBMITTING APPENDIX D-7 INTRALINKS

APPENDIX D-7 - BENEFICIARY’S ELECTION TO OPTOUT FORM

ONLY NEEDED IF TRIBE IS NOTSUBMITTING A REVISED

APPENDIX D-4INTRALINKS

Page 16: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

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States VW Settlement Information

∗ Alaska’s Lead Agency is the Alaska Energy Authority:∗ http://www.akenergyauthority.org/Programs/vwsettlement

∗ State Agencies have additional resources on the VW Settlement here: ∗ https://vwclearinghouse.org/

Page 17: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

We can help!

Connie Fredenberg, Alaskan Technical Assistance [email protected]

Andy Bessler, ITEP Project Director928-523-0526 [email protected]

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ITEP VW Settlement Technical Assistance Program

Page 18: An Overview of the VW Environmental Mitigation Settlement · 2019-02-03 · An Overview of the VW Environmental Mitigation Settlement. Andy Bessler. Project Director. Institute for

Questions?Comments?Concerns?

More information on the VW Settlement can be found on http://www7.nau.edu/itep/main/Home/

www.ntaatribalair.org

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Thank you for your attention!