an overview of the vw environmental mitigation settlement · 2019-02-03 · an overview of the vw...
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An Overview of the VW Environmental Mitigation Settlement
Andy BesslerProject Director
Institute for Tribal Environmental ProfessionalsNorthern Arizona University
For Non-Profit Educational Use Only
∗Overview of the VW Settlement
∗How Tribes Can Apply for Funding
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Diesel vs Gasoline Engines
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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
Diesel vs Gasoline Engines
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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
∗ 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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∗ 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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∗ 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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∗ 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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∗ 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
∗ 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
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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:
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
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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
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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/
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
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!