North Carolina Volkswagen Mitigation Plan
Governor Roy Cooper has designated the N.C. Department of Environmental Quality (DEQ) to manage North Carolina’s share of the VW Settlement, an agreement between the German automaker and the U.S. Department of Justice on behalf of the U.S. Environmental Protection Agency (EPA).
States must develop plans for using their settlement funds and submit them for approval to the Trustee, Wilmington Trust, managing the funds nationally. North Carolina’s plan involves three phases of funding for five programs for the duration allowed by the consent decree.
North Carolina’s beneficiary mitigation plan is structured in three phases, so DEQ can seek additional input and make changes as needed along the way. This plan addresses Phase 1 (2018 - 2020) only. DEQ plans to invest 33% of the overall funds ($30.68 million) during this period. DEQ will manage the VW settlement funds through five programs.
- School bus replacement program
- Transit bus replacement program
- Clean heavy-duty on-road equipment program
- Clean heavy-duty off-road equipment program
- Zero Emission Vehicle infrastructure program
DEQ solicited input from North Carolinians across the state on how the VW mitigation trust funds should be spent in the state and used the public feedback to set goals to guide the DEQ on how to allocate the funds over the duration of the program. DEQ will use the funds to achieve significant NOx emissions reductions across the state. Based on the distribution of violating vehicles registered across the state, DEQ plans to allocate the funds between urban/suburban counties (68%) and rural counties (32%). DEQ will submit requests to the Trustee of the Environmental Mitigation Trust to use funds for eligible projects throughout the state that will reduce or eliminate emissions of NOx focusing on the most cost-effective projects, the quantity of NOx emission reductions and other factors.
Phase 1 Timeline
- Plan submission to trustee (August 2018)
- Release request for proposals (Winter 2019)-RFP will be open for 90 days
- Proposal evaluations (Spring 2019)
- Phase 1 project selections (Summer 2019)
- Phase 2 planning (Fall 2019/Winter 2020)
Phase 1 programs (2018-2020)
During the initial 2018 – 2020 period, DEQ will allocate 33% ($30.68 million) of North Carolina’s overall funding. The state’s ability to fund projects in each category at the target levels will depend on the applications received. The exact percentages may shift with demand. It should be noted that nothing in this table is binding, and the information is intended to only provide a reasonable amount of detail such as to provide the public with a high-level vision for the use of the mitigation funds. If DEQ does not receive sufficient applications in a category, DEQ would shift funds between categories in Phase 1 or return funds to the trustee for use in the next funding phase.
Summary of Programs, Phase 1 (2018-2020)
|NC Grant Programs (2108-2020)||Eligible Action Category||Eligible Fuels||Targeted Percentage*||Targeted Funding Amount|
|School bus replacement program||School buses||Diesel - 25%||40%||$12,272,754|
|Natural gas & Propane - 10%|
|Transit bus replacement program||Transit buses||All (diesel, propane, natural gas, electric)||20%||$6,136,377|
|Clean heavy-duty on-road equipment program||Class Local Freight 4-8 trucks||All (diesel, propane, natural gas, electric)||10%||$3,068,189|
|Clean heavy-duty off-road equipment program||Switcher locomotives, ferries, tugs, forklifts, port cargo handling equipment, ocean-going vessel shore power, airport ground support equipment, Diesel Emission Reduction Act (DERA)**||All (diesel, propane, natural gas, electric)||10%||$3,068,189|
|ZEV infrastructure program||Not Applicable||15%||$4,602,283|
|DEQ administrative costs||Not Applicable||5%||$1,534,094|
*Percentage of available settlement funds targeted in these eligible categories for 2018 – 2020.
**EPA provides a detailed comparison between VW Eligible Mitigation Actions (EMAs) 1-9 and Eligible Mitigation Action #10, the DERA Option, VW-DERA Comparison.
DEQ is committed to using the VW settlement funds in ways that reflect the input and interests of North Carolinians. DEQ will have an open and transparent process that includes the input of a wide range of citizens. Before drafting the state plan for phase 1, DEQ held five public stakeholder meetings, kept interested people up to date with informational email bulletins, we received 872 written comments and responses to our request for information. DEQ released a draft of the state plan and gave North Carolinians the opportunity to provide input and we received 563 comments which helped shape the final plan for phase 1. DEQ will also provide opportunities to receive input throughout the settlement program. A summary of the comments DEQ received on the draft mitigation plan is available here.
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N.C. Volkswagen Settlement Program Contacts
Brian C. Phillips
Mobile Sources Compliance Branch Supervisor
Allied Programs Supervisor
VW Settlement Outreach
DERA/School Bus Program
Shuttle/Transit Bus Program
DC Fast Infrastructure Program
Level 2 Infrastructure Program