More Volkswagen Cars Have Failed Emissions Tests, Officials Say

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The Environmental Protection Agency on Monday issued a second notice of violation of clean air laws against Volkswagen, alleging the German automaker installed devices designed to cheat emissions tests in many more vehicles than initially thought.

Diesel cars with models years between 2014 and 2016 made by Volkswagen, as well as its subsidiary companies Audi and Porsche, were found to contain the "defeat device," which kicked in when officials were testing cars for emissions before then returning to a standard mode that increased emissions of nitrogen oxide up to nine times the EPA’s standard.

Cars covered under the latest notice of violation include the diesel versions of the 2014 VW Touareg, the 2015 Porsche Cayenne, and the 2016 Audi A6 Quattro, A7 Quattro, A8, A8L, and Q5.

Some 10,000 of the cars have already been sold in the U.S., according to the EPA, which also says the notice covers an "unknown volume" of cars with 2016 model years.

In a call to reporters, Cynthia Giles, assistant administrator for the office for EPA’s enforcement and compliance assurance, said the German automaker had "failed its obligation to comply with the law that protects clean air for all Americans."

“All companies should be playing by the same rules," she said.

The second notice of violation comes after the company was shamed worldwide when U.S. environmental officials first announced they had discovered the cheating software in September.

Volkswagen CEO Martin Winterkorn resigned after the news came to light, but maintained he knew nothing of the software. German prosecutors have since opened an investigation into Winterkorn for fraud.

Julian Stratenschulte / AFP / Getty Images

Both the EPA and California Air Resources Board are investigating Volkswagen over the alleged breaches of the Clean Air Act.

Officials stressed that owners of the vehicles in question are presently required to take no action and that their cars are still safe and legal to drive.

A possible recall would only be ordered after the EPA reviews any proposals offered by Volkswagen on how to fix the cars so they comply with the law, officials said.

The EPA and the California Air Resources Board (CARB) have both initiated investigations based on Volkswagen’s alleged actions.

"This is a very serious public health matter," CARB Executive Officer Richard Corey told reporters. "[CARB] and EPA will continue to conduct a rigorous investigation that includes testing more vehicles until all of the facts are out in the open."

LINK: Volkwagen’s Nightmare Is About To Get Worse: Here Come The Class Action Lawyers

LINK: Emissions Cheating Software Found In 2.1 Million Audis

LINK: German Prosecutors Open Investigation Into Former Volkswagen CEO Martin Winterkorn