VW Diesel Settlement Resources
This page contains various tools and resources related to the Volkswagen Settlement. Please contact OEP Senior Program Manager Alexa.Voytek@tn.gov if you have questions about the materials below.
In October 2017, the Court approved two Trust Agreements for Beneficiaries: one for the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico (“State Trust Agreement”), and one for the separate allocation for federally recognized Indian tribes in the U.S. (“Tribal Trust Agreement”). These Trust Agreements outline the requirements, procedures, timelines, and project definitions that Beneficiaries must follow with regard to administration of the Environmental Mitigation Trust.
The State Trust Agreement required Beneficiaries to file with the Court a Certification for Beneficiary Status under Environmental Mitigation Trust Agreement (Appendix D-3) no later than 60 Days after the Trust Effective Date of October 2, 2017. On November 15 and 16, 2017, the State of Tennessee filed with the U.S. District Court and submitted to the Trustee its Certification for Beneficiary Status Under Environmental Mitigation Trust Agreement. On January 29, 2018, Wilmington Trust, serving as the Trustee of the Volkswagen Diesel Settlement Environmental Mitigation Trust, filed with the Court a Notice of Beneficiary Designation for the State of Tennessee and all other Certifying Entities that submitted their Certification for Beneficiary Status forms to the Trustee as outlined in the State Trust Agreement.
Additional, related Court Documents appear below:
- Volkswagen Settlement Amended Partial Consent Decree (2.0 Liter Settlement) (filed on 9/30/2016)
- Volkswagen Settlement Amended Second Partial Consent Decree (3.0 Liter Settlement) (filed on 12/20/16)
- Volkswagen Settlement Third Partial Consent Decree (Civil Penalty) (filed 1/11/17)
- Environmental Mitigation Trust Agreement for State Beneficiaries (filed on 10/02/2017)
The following Quick Reference documents are easily navigable resources on topics related to the Environmental Mitigation Trust:
- Quick Reference - Appendix D-2 (State Trust Agreement) - The Trustee may only disburse funds for Eligible Mitigation Actions, and for the Eligible Mitigation Action Administrative Expenditures specified in Appendix D-2 to the State Trust Agreement. To view the comprehensive list of Eligible Mitigation Actions and Eligible Mitigation Action Administrative Expenditures, please refer to this Quick Reference.
- Quick Reference - Elements of a Beneficiary Mitigation Plan - Beneficiaries of the Environmental Mitigation Trust must submit a Beneficiary Mitigation Plan at least 30 days prior to submitting the first funding request. To view the elements that are required within the Beneficiary Mitigation Plan, please refer to this Quick Reference. The State has also created a Beneficiary Mitigation Plan webpage, available here.
- Quick Reference - Elements of a Funding Request - In addition to preparing the Beneficiary Mitigation Plan, Beneficiaries are responsible for submitting requests for Eligible Mitigation Action funding by filing with the Trustee a Beneficiary Eligible Mitigation Action Certification form (funding request). To view the elements that are required within a funding request, please refer to this Quick Reference.
In March 2017, the Court appointed Wilmington Trust, N.A. as Trustee of the Environmental Mitigation Trust. The Trustee has established and will maintain a public-facing website, accessible at https://www.vwenvironmentalmitigationtrust.com, for the full life of the Trust. The State Trust Agreement details the elements that must be made available by the Trustee on this website, which shall include items such as the Notice of Beneficiary Designation, semi-annual reports, audits, funding requests and determinations with regard to such funding requests, Trust Administration Costs, and an accounting of all Trust Assets.
TDEC hosted several Volkswagen Diesel Settlement Public Information Sessions across the state. These meetings provided an overview an overview of the VW Settlement, the Environmental Mitigation Trust, TDEC’s process for developing a Beneficiary Mitigation Plan for Tennessee, and the types of Eligible Mitigation Actions that can be funded by Tennessee’s Environmental Mitigation Trust allocation. Click here for a list of all Q&A from the TDEC Volkswagen Diesel Settlement Public Information Sessions. Click here to view TDEC’s Volkswagen Diesel Settlement Public Information Webinar recording (published December 22, 2017).
The websites and resources below were created and are maintained by various Volkswagen Diesel Settlement stakeholders and participants. Please refer to these pages for more information on the VW Settlement.
United States Department of Energy (DOE)
State Planning for VW Settlement Funds: Quick Reference Guide on Stakeholder Engagement
United States Department of Justice (DOJ)
U.S. DOJ Volkswagen Settlement webpage
United States Environmental Protection Agency (EPA)
Volkswagen Clean Air Act Partial Settlement webpage
Frequently Asked Questions for Beneficiaries, Third Edition, October 2017
Presentation by EPA on the Volkswagen Settlement (11/18/2016)
Federal Aviation Administration (FAA)
Webpage on Applicability of Volkswagen Settlement Funds to Airports and Airlines
National Association of Clean Air Agencies (NACAA)
Volkswagen Settlement Repository for State and Local Agency Links and Programs
National Association of State Energy Officials (NASEO)
NASEO Volkswagen Settlement webpage
Volkswagen Settlement Beneficiary Mitigation Plan Toolkit
Webinar: Emissions Tools for States and VW Beneficiary Mitigation Plan Toolkit Overview (3/29/2017)
NASEO and NACAA
NASEO and NACAA Volkswagen Settlement Clearinghouse