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Volkswagen Environmental Mitigation Trust

Texas Volkswagen Environmental Mitigation Program

 Email Updates      Common Questions      Helpful Resources


Welcome to the Texas Commission on Environmental Quality's (TCEQ) Texas Volkswagen Environmental Mitigation Program. This website provides easy access to information about the program, including access to the plan for use of the funds and to individual grant programs as those programs are implemented. If you have trouble finding what you need or if you have questions, please go to the "Contact Us" page for instructions on how to contact the TCEQ.

 The final Beneficiary Mitigation Plan for Texas is now available. Visit the Mitigation Plan page to view and download a copy of the plan.

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Background

Background information on the Volkswagen Environmental Mitigation Consent Decree

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Meetings & Notices

Meetings, workshops, and program announcements

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Mitigation Plan

Texas' plan for use of the VW funds

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Grants

Grant program information and forms, including eligibility and how to apply

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Reports

TCEQ's status reports to the trustee and grant program summaries for download

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Contact Us

Questions or Comments?

Program Background

Governor Greg Abbott selected the Texas Commission on Environmental Quality (TCEQ) as the lead agency responsible for the administration of funds received from the Volkswagen State Environmental Mitigation Trust (Trust). A minimum of $209 million dollars will be made available for projects that reduce nitrogen oxides (NOX) in the environment.

The Trust is part of a settlement agreement in the litigation between the United States Environmental Protection Agency (EPA), the State of California, and Volkswagen (VW) and its related entities. The EPA and the State of California filed suit in the U.S. District Court for the Northern District of California against VW alleging that VW violated provisions of the federal Clean Air Act. The suit alleged that approximately 590,000 light-duty 2.0-liter and 3.0-liter diesel vehicles manufactured by VW and its subsidiaries contain emission defeat devices. These devices cause the emissions control system of those vehicles to perform differently during emissions testing compared to performance during normal vehicle operation and use. The subject vehicles emit nitrogen oxides (NOX) at a level above required standards during normal vehicle operation and use.

The EPA, California, and VW have resolved this case through three partial settlements (Amended 2.0 Liter Partial Consent Decreepdf, 3.0 Liter Second Partial Consent Decreepdf, Third Partial Consent Decreepdf.) As part of the settlement agreements, VW must pay approximately $2.9 billion into the environmental mitigation Trust referenced above. The 50 States, the District of Columbia, and Puerto Rico may elect to become a beneficiary to receive an allocation from the trust. An Indian Tribe Mitigation Trust has been established separate from the state mitigation trust. The funds in the Trust are allocated based on the number of affected vehicles registered within the boundaries of each beneficiary. Beneficiaries have between three and ten years to spend their allocated funds on specific types of projects as outlined in the Trust documents. These projects are intended to fully mitigate the total lifetime excess NOX emissions from the affected vehicles.

On March 15, 2017, the Court appointed Wilmington Trust, N.A. to serve as the trustee for the Trust. The final Trust agreementpdf was filed and became effective on October 2, 2017. Each state was required to file a certification formpdf to become a beneficiary and receive its allocation under the Trust agreement. Texas filed its certification form on November 21, 2017

On January 29, 2018, the Trustee filed the list of designated beneficiaries pdfwith the court, including Texas as a beneficiary.

The TCEQ is required to create a Beneficiary Mitigation Plan that summarizes how the funds allocated to Texas will be used. Go to the Mitigation Plan link for information on the plan.

Funds provided under the Trust will be awarded through grants to governmental and non-governmental entities in accordance with the priorities established in the Mitigation Plan. Information on the availability of grants for certain types of projects and how to apply for the grants will be provided on the Grants page as the grant programs are announced.

Stay updated on the Mitigation Plan and the grant programs by contacting the TCEQ and by entering your email address into our VW notification listserve through the Email Updates link.

Meetings & Notices

Important notices and meeting schedules will be listed on this web page.




Mitigation Plan

The final Beneficiary Mitigation Plan for Texas is now available. Click on the following link to view and download a copy of the plan: Mitigation Plan.

View Comments

View Comments received on the development of the plan.

Questions

If you have questions, you may also contact us toll free at (833) 215-TXVW (8989).


Grants

Welcome to the Texas Volkswagen Environmental Mitigation Program (TxVEMP) Grants page. As grant programs are developed and implemented, information will be provided through the links on this page. The main links include information on how to determine if a grant program is right for you, meeting and application assistance notices and schedules, and information and forms needed to request reimbursement and report on vehicle or equipment disposition once you receive a grant. As individual grant programs are implemented, the application forms and procedures will be provided through the links for each type of grant.

  The TCEQ will implement grant programs once the Beneficiary Mitigation Plan for Texas is finalized. The links on this page will be activated once the TxVEMP grant programs are developed and ready for implementation. Be sure to enter your email address into our VW listserv to receive email updates on the status of the Plan and the available grant programs.

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Which Grant is Right for You?

Find out about available TxVEMP grant programs and the general eligibility requirements for each program to determine if a grant program is right for you.

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Meetings & Application Workshops

Find out about upcoming meetings and workshops to discuss the program in general and to go over application materials and procedures for the individual grant programs.

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Once You Receive a Grant

Find the instructions and forms for requesting reimbursement, reporting on disposition of vehicles and equipment replaced under a grant, and for admistering your grant project.

Reports

An important element of this program is to ensure transparency in how the VW mitigation funds are being used. This page will include access to copies of all reports sent to the trustee and information about the grants awarded under the program. Look for links to copies of the reports and information below as the grant programs are implemented. Instructions on how to request copies of grant documents are also provided below.

Reports to the Trustee

Under the Trust Agreement, the TCEQ is to provide semi-annual reports to the Trustee on the status of projects funded under the VW program. Once the grant programs are implemented, copies of the TCEQ's reports to the Trustee will be made available here.

Grant Summaries

As the grant programs are implemented, summaries of the grant awards and payments will be made available here.

How to obtain Copies of Grant Documents

The TCEQ will provide the public access to grant applications, contracts, and payment documents, subject to state confidentiality regulations and requirements. Once the grant programs are implemented, the public may request copies of specific grant documents through the TCEQ's Open Records Request system.

Instructions for submitting a request are provided at the TCEQ's Open Records Request web page.

If you have trouble accessing the system, please contact the TCEQ's VW staff toll free at (833) 215-TXVW (8989).

Contact Us

If you have questions regarding the TCEQ's Texas Volkswagen Environmental Mitigation Program, you may contact us toll free at (833) 215-TXVW (8989).

You may also contact us by email at VWsettle@tceq.texas.gov or send correspondence to the following addresses:

 Regular Mail:
 Texas Commission on Environmental Quality
 Air Quality Division
 Implementation Grants Section, MC-204
 P.O. Box 13087
 Austin, TX 78711-3087
 ATTN: VW Settlement
 Express Mail:
 Texas Commission on Environmental Quality
 Air Quality Division
 Implementation Grants Section, MC-204
 12100 Park 35 Circle
 Austin, TX 78753
 ATTN: VW Settlement

Sign Up for Email Updates

You can receive emails whenever we issue notices and update information about the TxVEMP.

How to sign up to receive email updates from the Texas Volkswagen Environmental Mitigation Program TxVEMP:

  1. Enter and confirm your email address.
  2. From the list of choices, look under "Air Quality" and select "Texas Volkswagen Environmental Mitigation Program (TxVEMP)."
  3. Select other subscriptions if you wish, then click "Save."
  4. The system will then send you a confirmation email to accept.

You can unsubscribe, change your email address, or choose additional options at any time from the link on this page or from the update emails you receive.


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For additional assistance, please contact us toll free at (833) 215-TXVW (8989).

FAQs: Answers to Common Questions

The TCEQ will periodically update this web page with answers to questions regarding the Texas Volkswagen Environmental Mitigation Program. A printable and downloadable version of the Frequently Asked Questionspdf is also available.

Overview:

The Volkswagen State Environmental Trust (Trust) is part of a settlement agreement in the litigation between the United States Environmental Protection Agency (EPA), the State of California, and Volkswagen (VW) and its related entities. The EPA and the State of California filed suit in the U.S. District Court for the Northern District of California against VW alleging that VW violated provisions of the Federal Clean Air Act. The suit alleged that approximately 590,000 light-duty 2.0-liter and 3.0-liter diesel vehicles manufactured by VW and its subsidiaries contain emission defeat devices. These devices cause the emissions control system of those vehicles to perform differently during emissions testing compared to performance during normal vehicle operation and use. The subject vehicles emit nitrogen oxides (NOX) at a level above required standards during normal vehicle operation and use.

The EPA, California, and VW have resolved this case through three partial settlements (Amended 2.0 Liter Partial Consent Decree, 3.0 Liter Second Partial Consent Decree, Third Partial Consent Decree). As part of the settlement agreements, VW must pay approximately $2.9 billion into the Trust referenced above. The 50 states, the District of Columbia, and Puerto Rico may elect to become a beneficiary to receive an allocation from the Trust. An Indian Tribe Mitigation Trust has been established separate from the state mitigation trust.

On March 15, 2017, the Court appointed Wilmington Trust, N.A. to serve as the Trustee for the Trust. The final Trust Agreement was filed and became effective on October 2, 2017. The Trustee filed the designation of beneficiaries with the court on January 29, 2018. Texas is among the designated beneficiaries.

The EPA has identified ozone as criteria pollutant under the National Ambient Air Quality Standards (NAAQS). The Texas Commission on Environmental Quality (TCEQ, agency, or commission) monitors areas of the state for compliance with the NAAQS. For areas not meeting those standards, the TCEQ is responsible for developing a state implementation plan (SIP) to outline strategies that will be implemented to bring those areas into attainment of the NAAQS. In terms of compliance with the NAAQS, the pollutant that has been most challenging to show attainment in some areas of Texas is ground-level ozone.

Ozone is a gas formed in the atmosphere when three atoms of oxygen combine. Stratospheric ozone is found naturally in the Earth's upper atmosphere and forms a protective layer that shields us from the sun's ultraviolet rays. However, ground-level ozone is a respiratory toxic agent that can cause acute respiratory health effects when people breathe high concentrations of it over several hours. These effects include decreased lung function and pain with deep breaths, and aggravated asthma symptoms.

Ozone is not emitted directly into the air, but created by chemical reactions between NOX and volatile organic compounds (VOCs) in the presence of sunlight. Ozone forms in the highest concentrations on warm, sunny days with light wind speeds, which allows more of the pollutant to form and accumulate. In Texas, much of the NOX emissions are from motor vehicle and off-road equipment exhaust. Reducing those emissions by replacing or upgrading older vehicles and equipment to newer models with less emissions is an important tool in addressing the state’s air quality goals related to ground-level ozone.

Governor Greg Abbott selected the TCEQ as the lead agency responsible for the administration of funds received from the Trust. The governor submitted the necessary certification documents for Texas to be designated a beneficiary state under the Trust, and the Trustee filed the beneficiary notifications with the court on January 29, 2018. At that time, Texas became a designated beneficiary of the allocated funds.

The funds in the Trust are allocated based on the number of affected vehicles registered within the boundaries of each beneficiary. A minimum of $209,319,163 is available to Texas for projects that reduce NOX in the environment.

Beneficiary Mitigation Plan:

At least 30 days before submitting the first request for funds, the TCEQ must submit a Beneficiary Mitigation Plan (Plan) to the Trustee that summarizes how the agency intends to use the funds allocated to Texas. The Plan must address the following four elements:

  1. The state's overall goals for use of the funds.
  2. The categories of eligible mitigation actions the state anticipates will be appropriate to achieve the goals and a preliminary assessment of the percentages of funds anticipated to be used for each type of action.
  3. A description of how the state will consider the potential beneficial impact of the selected eligible mitigation actions on air quality in areas that bear a disproportionate share of the air pollution burden within its jurisdiction.
  4. A general description of the expected ranges of emissions benefits the state anticipates will be realized by implementation of the eligible mitigation actions identified in the Plan.

The Plan must also explain the process by which the TCEQ has sought and considered public input on the Plan.

The Draft Beneficiary Mitigation Plan for Texas is available for public comment on the TCEQ’s VW website at www.TexasVWFund.org. The TCEQ will accept public comments on the draft plan through October 8, 2018.

The TCEQ will consider comments received in preparing a final plan to submit to the trustee. The TCEQ anticipates the plan being finalized by early Fall 2018.

The public may submit comments on the draft plan via email to VWsettle@tceq.texas.gov. Comments may also be sent by mail to the address listed on the TCEQ’s VW website at www.TexasVWFund.org. You may also view comments received to date at this website.

Public meetings will also be scheduled in several areas of the state to allow the public to provide comments. Visit the TCEQ’s VW website for information on scheduled public meetings.

Yes, copies of the comments received on the draft plan will also be made available on the TCEQ’s VW website.

Plan Components:

The TCEQ proposed four primary goals for use of the mitigation funds to alleviate the air quality impacts from the affected vehicles.

  1. Reduce NOX Emissions

    The primary goal for use of the funds will be to reduce NOX emissions in those areas with the potential to be most impacted by NOX emissions and, in particular, the areas of the state designated nonattainment for National Ambient Air Quality Standards (NAAQS) for ground level ozone and in other areas monitoring ground-level ozone levels near the NAAQS for ozone. These “Priority Areas” are impacted by or are immediately adjacent to those areas that measure a disproportionate share of the air pollution burden within the regional and local jurisdictions. The Priority Areas are listed in Table A.1 and shown on Figure A.1 in Appendix A of the draft plan.
    In addressing this goal, the TCEQ will place a high priority on program administration efficiency to maximize the amount of funding used for NOX emissions reduction.

  2. Reduce the Potential for Exposure of the Public to Pollutants

    A second goal of the program will be to reduce the potential for exposure of the public to pollutants that are often emitted along with NOX from older vehicles and equipment.
    The program will address this goal through funding to replace or repower vehicles and equipment that operate within communities and at facilities where emission sources may be concentrated, including refuse vehicles, school buses, and cargo handling equipment.

  3. Prepare for Increased and Sustained Use of Zero Emission Vehicles (ZEV)

    The Trust Agreement allows for allocation of up to 15% of the funds for equipment to supply light-duty ZEV with electricity or hydrogen for hydrogen fuel cells. While the other mitigation actions will result in immediate reductions in NOX emissions and other pollutants, funding ZEV infrastructure will help prepare the state for the increased use of ZEV in Texas and will help sustain the use of those vehicles.

  4. Complement Other Incentive Funding Programs

    The Texas Emissions Reduction Plan (TERP) provides grants to reduce NOX emissions that would otherwise occur in the future if the grant-funded project were not implemented. Conversely, the VW funding is intended to help mitigate the impact of NOX emissions that should not have previously occurred and were not considered in air quality inventories and planning to ensure compliance with the NAAQS. To use the funds as efficiently as possible, it is important that the VW funding be used to complement the efforts of the TERP program.

The draft plan includes a proposed allocation of funds for administration, one statewide program, and five priority areas.

Proposed Funding Allocation

Priority Area Counties Maximum Funding Amount Percentage of Total Funds
San Antonio Area Row Bexar, Comal, Guadalupe, Wilson $73,554,754 35.14%
Dallas-Fort Worth Area Collin, Dallas, Denton, Ellis, Hood, Johnson, Kaufman, Parker, Rockwall, Tarrant, Wise $29,116,296 13.91%
Houston-Galveston-Brazoria Area Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, Waller $27,399,879 13.09%
El Paso County El Paso $26,771,921 12.79%
Beaumont-Port Arthur Area Hardin, Jefferson, Orange $12,705,673 6.07%
Subtotal $169,548,523 81.00%
Light-Duty Zero Emission Vehicle (ZEV) Supply Equipment (Electricity or Hydrogen for Fuel Cells) Statewide $31,397,875 15%
TCEQ Administration (TCEQ anticipates using less than this allocated amount) TCEQ $8,372,767 4%
Total $209,319,163.57 100%

Estimated Administrative Funding (up to 4%)
The TCEQ's initial estimates are that it will need less than 4% of the allocated funds (approximately $8 million) to administer the program. These estimates are still preliminary, and the final administrative needs will depend on the number of years the program is implemented and the final resource needs of the TCEQ to administer the program. However, the TCEQ anticipates needing much less than the 15% of the funding authorized for administration.

Statewide Funding for Light-Duty ZEV Supply Equipment (up to 15%)
The TCEQ proposes to provide up to 15% of allocated funds (approximately $31.4 million) statewide to increase available infrastructure for providing electricity to light-duty electric vehicles and, where warranted, hydrogen for hydrogen fuel cell vehicles. Providing statewide funding will help establish additional availability of charging or refueling infrastructure so that vehicles may travel longer distances and in a greater number of areas within the state.
The TCEQ will consider the efforts of Electrify America, LLC to implement the national ZEV Investment Plan when considering projects for funding under this category.

Priority Areas Allocation (up to 81%)
The TCEQ proposes to initially allocate 81% of the total funds (approximately $170 million) among the five Priority Areas. The allocation is weighted toward three Priority Areas where air quality is closest to or above the 2015 ozone NAAQS, with two-thirds of the Priority Area funds allocated by population among the San Antonio, El Paso, and Beaumont-Port Arthur Areas. The remaining third is divided, based on population, between Houston-Galveston-Brazoria and Dallas-Fort Worth Areas.

In Texas, there are three nonattainment areas that do not meet the NAAQS for ground-level ozone based on the EPA's currently implemented 2008 eight-hour ground-level ozone standard of 0.075 parts per million (ppm), Dallas-Fort Worth (DFW), Houston-Galveston-Brazoria (HGB), and Bexar County. On October 1, 2015, the EPA revised the primary NAAQS for ozone from the eight-hour standard of 0.075 ppm to an eight-hour standard of 0.070 ppm. As a result, Bexar County was designated nonattainment, in addition to the other two nonattainment areas.

Additional counties are included in the San Antonio Area based on proximity to Bexar County. Hood County is included in the DFW Area for similar reasons.

The other areas of primary interest from an ozone NAAQS perspective are El Paso and Beaumont-Port Arthur (BPA). Preliminary data for 2018 indicate that El Paso has some monitored values near or above the 2015 NAAQS for ozone. The BPA area is considered a priority for mitigation for several reasons. First, the BPA area is under a federally enforceable ozone maintenance plan and was designated nonattainment for the revoked 1997 eight-hour ozone NAAQS. In addition, the BPA area has a history of elevated ozone, including the period when the subject vehicles were being sold and driven. Specifically, the BPA area had ozone design values of 80 ppb as recently as 2012 and as high as 92 ppb in 2004.

Light-Duty Zero Emission Vehicle (ZEV) Supply Equipment
The TCEQ proposes statewide funding for electric charging infrastructure for light-duty plug-in electric vehicles and hydrogen for fueling a vehicle powered by a hydrogen fuel cell. This funding category will help achieve the goal of preparing for increased and sustained use of ZEV.

Under the proposed plan, the following mitigation action categories would be eligible for funding in the Priority Areas.

  • Class 4–7 Local Freight Trucks
  • Class 8 Local Freight Trucks and Port Drayage Trucks
  • Class 7–8 Refuse Vehicles
  • School Buses
  • Transit and Shuttle Buses
  • Electric Forklifts and Port Cargo Handling Equipment
  • Electric Airport Ground Support Equipment
  • Ocean-Going Vessel Shore Power

The draft plan incorporates the limits on mitigation action funding established in the Trust Agreement, with some differences. Some of the key limits proposed in the plan that go beyond the criteria set out in the Trust Agreement are outlined below.

  1. Under the proposed statewide light-duty ZEV supply equipment program, up to 50% of the costs of electric charging systems would be eligible for reimbursement. The Trust Agreement allows for higher percentages, based on location (e.g., public, workplace, multi-family).

    Limits on the reimbursement for hydrogen fueling systems would be the same as allowed under the Trust Agreement. Up to 33% of eligible costs would be eligible for reimbursement for equipment capable of dispensing at least 250 kilograms (kg) per day, and up to 25% of eligible costs for equipment capable dispensing at least 100 kg per day.

  2. Replacement and repower projects involving the purchase of all-electric vehicles, equipment, and engines would be eligible for up to 60% of the costs, including the cost for electric charging infrastructure. The Trust Agreement allows reimbursement of up to 100% of the costs for publicly-owned vehicles and equipment.

  3. Replacement and repower projects involving the purchase of diesel or alternative fuel vehicles and engines would be eligible for up to 60% of the costs for publicly-owned vehicles and privately-owned school buses operated under contract with a public school district. The Trust Agreement allows reimbursement of up to 100% of publicly-owned vehicles and equipment.

    Replacement projects involving privately-owned vehicles would be eligible for the same percentages allowed in the Trust Agreement, up to 25% of the costs and repower projects would be eligible for up to 40% of the costs.

  4. For government-owned shore power projects, up to 60% of eligible costs would be eligible for reimbursement. The Trust Agreement allows reimbursement of up to 100% of the costs for government shore power projects.

    Privately-owned shore power projects would be eligible for up to 25% of the costs, the same as allowed under the Trust Agreement.

The lower percentage-of-cost limits are intended to ensure that applicants have a financial stake in the viability and sustainability of the grant-funded project, and to fund a greater number of projects with the available funds.

In addition these limits, the TCEQ may establish limits on the maximum grant amounts and may set limits on the cost per ton of NOX reduced by a mitigation action.

The TCEQ proposes to award the funds as grants, which would be solicited through a Request for Grant Applications process. Different grant rounds may be used for the two different statewide programs and for the different priority areas.

The plan proposes to award funds under a first-come, first-served process, when that approach would be appropriate. Under this approach, the TCEQ might establish pre-determined maximum funding amounts or caps on funding.

However, in some cases, the TCEQ might use a competitive grant selection process for certain categories. Project selections would be made based on criteria established for that grant round, which might include the cost-effectiveness of the project in reducing NOX.

Successful applicants would need to enter into a grant contract for the funds. However, the TCEQ would not be obligated to reimburse expenses until the TCEQ issues the grant recipient a Notice to Proceed (NTP).

The TCEQ would submit funding requests to the trustee for the contracted projects. The trustee will have 60 days after receipt of each funding request to approve, deny, or request modification to the request, or request additional information. The trustee will then have 15 days after approval of a request to disburse the requested funds.

Subject to acceptance of the approach by the trustee, the TCEQ will request funding for the approved projects and the administrative costs of the agency. The funds will be held in an agency account for use in reimbursing the grant expenses and the agency's administrative costs. As the TCEQ receives funds for a project, the TCEQ will issue the grant recipient an NTP, after which a grant recipient may be reimbursed for eligible expenses in accordance with the grant contract.

For those projects requiring scrappage of the vehicle, equipment, and/or engine, the applicant will be required to complete the disposition process before requesting reimbursement from the TCEQ. If a grantee does not complete the scrappage and submit required documentation, reimbursement would not be authorized and the grant contract may be cancelled.

The TCEQ proposes to use the same methodology as used for the TERP program. The draft plan outlines the calculation methodology. The TCEQ will provide default usage figures for the calculations.

Except in cases where cost-effectiveness will be a competitive selection factor, applicants will not be asked to calculate the NOX reductions and cost-effectiveness of their proposed project.

For reporting to the trustee, the TCEQ will calculate NOX reductions and particulate matter (PM) reductions for the funded projects.

Timing and Availability of Funds:

It is anticipated that the final Plan will be completed and submitted to the Trustee by early Fall 2018. A copy of the final plan will be available on the TCEQ’s VW website.

Based on the priorities established in the final Plan, the TCEQ may begin accepting applications for grants under some of the project categories outlined in the Plan by late Fall 2018.

No more than 1/3 of the total funds available to Texas may be requested from the Trustee the first year after the effective date of the Trust Agreement (October 2, 2017), or 2/3 the second year.

Applicants selected for funding will be sent a contract to sign and return to the TCEQ. The TCEQ will execute the contract and return a copy to the grantee. Executed contracts will then be contingent upon the TCEQ sending the grantee a Notice to Proceed (NTP). The TCEQ will submit a funding request to the Trustee for the selected projects and will issue the NTPs upon receipt of the funds. The grantee may then complete the eligible purchase and submit reimbursement requests to the TCEQ for payment.

Applicants selected for funding should expect the contracting process and the TCEQ obtaining the funds from the Trustee to take several months before the grantee would receive a NTP and be able to request reimbursement. For example, the Trustee has up to 75 days to review and approve a funding request.

Beneficiaries have between three and 10 years to spend their allocated funds on specific types of projects as outlined in the Trust Agreement. After that, unused trust funds will be redistributed as supplemental funding among beneficiaries that have used at least 80% of their allocated trust funds. Those beneficiaries will be given five additional years to use the supplemental funds.

The TCEQ intends to award the funds allocated to Texas much sooner than the authorized 10-year period over which the funds are available.

Administrative Costs:

Actual administrative costs may be reimbursed from the funds allocated to Texas, not to exceed 15% of the total cost of the Eligible Mitigation Actions funded under the program. The proposed funding allocation includes up to 4% (~$8 million) of the allocated funds going to administrative costs. However, the TCEQ expects to need less than that amount, and any of those funds not used would be available for additional projects.





Helpful Resources and Information

Additional resources and information regarding the Volkswagen Environmental Mitigation Trust and implementation of the Trust Agreement are provided below.


Resource Description
Amended 2.0 Liter Partial Consent Decree
3.0 Liter Second Partial Consent Decree
Third Partial Consent Decree
VW Mitigation Trust Agreement For State Beneficiaries
VW Violations & Actions Taken
VW Buyback Program
Electric & Alternative Fuel Vehicle Data
National Zero Emission Vehicle (ZEV) Investment Plan

Volkswagen Environmental Mitigation Trust—Comments

The tables on this page provide links to comments and recommendations received by the TCEQ.

To view or download a comment, click on the Tracking Number below. Comments are provided in .pdf format.

Comments Received on the Draft Mitigation Plan

Comments Received as of October 8, 2018

Tracking Submitted By
VW-03-001 John V. Zavala
VW-03-002 Greg Ceshker
VW-03-003 Leslie Bush
VW-03-004 MedicAire, LLC
VW-03-005 Jane Chamberlain
VW-03-006 Sanger ISD
VW-03-007 Richard Jumper
VW-03-008 Dave Rogers
VW-03-009 Diesel Technology Forum
VW-03-010 Suzy Rogers
VW-03-011 Metrol
VW-03-012 Brigid Shea, Travis County Commissioner
VW-03-013 State Representative Ed Thompson
VW-03-014 State Senator Brian Birdwell, Chair of Senate Committee on Natural Resources and Economic Development
VW-03-015 State Senator Juan Hinojosa
VW-03-016 UPS
VW-03-017 Capital Area MPO
VW-03-018 Michael Henning Sovran
VW-03-019 Marcella Jones
VW-03-020 Jed Dole
VW-03-021 State Representative Sarah Davis
VW-03-022 State Senator Sylvia Garcia
VW-03-023 Boone Pickens
VW-03-024 Robert Breeze
VW-03-025 Corliss Crabtree
VW-03-026 Jerry Rehmar
VW-03-027 City of Houston, Sylvester Turner, Mayor
VW-03-028 Kelly Street
VW-03-029 Michael Connor, Amarillo International Airport
VW-03-030 Greater Houston Partnership
VW-03-031 Jeffrey Fissel
VW-03-032 Samuel Schon
VW-03-033 Patricia Jones
VW-03-034 Fuel Cell and Hydrogen Energy Association
VW-03-035 San Antonio ISD
VW-03-036 - VW-03-047 San Antonio Public Meeting
VW-03-048 Dave Mills
VW-03-049 Jacob Hendrickson
VW-03-050 Kate Wasserman
VW-03-051 Cynthia Lesky
VW-03-052 Joan Quenan
VW-03-053 Robert Gilliland
VW-03-054 San Antonio Chamber of Commerce
VW-03-055 Lida Jenney
VW-03-056-VW-03-068 Houston Public Meeting
VW-03-069 Port of Houston
VW-03-070 State Senator Kirk Watson
VW-03-071 North East ISD
VW-03-072 ScribSolve
VW-03-073 Northside ISD
VW-03-074 City of Dallas
VW-03-075 Alamo Area Council of Governments
VW-03-076 Vijay Govindan
VW-03-077 Corpus Christi Air Quality Group
VW-03-078 TransPower
VW-03-079 XL
VW-03-080 City of San Antonio
VW-03-081 John Weber
VW-03-082 NCTCOG Regional Transportation Council
VW-03-083 HGAC Transportation Policy Council
VW-03-084 Hubject
VW-03-085 Global Automakers
VW-03-086 Dallas County Judge Clay Jenkins
VW-03-087 Central Texas Clean Air Coalition
VW-03-088 - VW-03-094 Arlington Public Meeting
VW-03-095 Mark Tracy
VW-03-096 Michael Nutt
VW-03-097 Mayor Harry LaRosiliere, City of Plano
VW-03-098 Tyler Johnson
VW-03-099 Collin County
VW-03-100 State Representative Jim Murphy
VW-03-101 Bellville ISD
VW-03-102 Santa Fe ISD
VW-03-103 Beaumont ISD
VW-03-104 Bryan ISD
VW-03-105 General Motors
VW-03-106 Jones Solar and Roofing
VW-03-107 Ashley Johnson
VW-03-108 Dr. Christie Whitbeck, Superintendent of Bryan ISD
VW-03-109 State Representative Ed Thompson and Others
VW-03-110 Bryan ISD
VW-03-111 IKEA
VW-03-112 State Senator Joan Huffman
VW-03-113 Airlines for America
VW-03-114 San Antonio Mobility Coalition
VW-03-115 Gilmer ISD
VW-03-116 Bryan ISD
VW-03-117 State Representative Ina Minjarez
VW-03-118 Capital Metro
VW-03-119 Sierra Club
VW-03-120 DRMC
VW-03-121 State Senator Donna Campbell
VW-03-122 Ryan, LLC
VW-03-123 CPS Energy
VW-03-124 City of Arlington
VW-03-125 Environmental Defense Fund
VW-03-126 Electric Interstate Highway Standards Association
VW-03-127 Maria Johnson
VW-03-128 Workhorse Group, Inc.
VW-03-129 Susan Turitz Cooper
VW-03-130 Molly Rooke
VW-03-131 Dr. Meredith McGuire
VW-03-132 Jing Zhang
VW-03-133 Clean Energy
VW-03-134 Robert E. Herbert, Fort Bend County Judge
VW-03-135 Karen Williams
VW-03-136 Kevin A. Wolff, Bexar County Commissioner
VW-03-137 Proterra
VW-03-138 Natural Gas Vehicle Alliance
VW-03-139 TASBO, TASA, TASB
VW-03-140 Coach USA
VW-03-141 Texas Advanced Energy Business Alliance
VW-03-142 North Texas Commission
VW-03-143 Stuart Mayper
VW-03-144 Tesla
VW-03-145 Clayton Perry
VW-03-146 Jimmy Hosch
VW-03-147 Satellite Logistics Group
VW-03-148 City of Austin
VW-03-149 Evolv-Electric Transportation, Inc.
VW-03-150 Rodney Ellis, Harris County Commissioner
VW-03-151 NGV America
VW-03-152 Port Authority of Corpus Christi
VW-03-153 Nelson Wolff, Bexar County Judge
VW-03-154 State Senator Judith Zaffirini
VW-03-155 State Representative Diego M. Bernal
VW-03-156 City of Sugarland, Mayor Joe Zimmerman
VW-03-157 TADA
VW-03-158 ChargePoint
VW-03-159 Gerald Daugherty, Travis County Commissioner
VW-03-160 Rush Bus Centers
VW-03-161 Roush
VW-03-162 TXOGA
VW-03-163 EVgo
VW-03-164 James Orenstein
VW-03-165 Freedom CNG
VW-03-166 Houston Metro
VW-03-167 State Senator Don Huffines
VW-03-168 - VW-03-183 Austin Public Meeting
VW-03-184 Ron Masters
VW-03-185 State Representative Justin Rodriguez
VW-03-186 SemaConnect
VW-03-187 The Lion Electric Company
VW-03-188 City of Dallas
VW-03-189 United States Transit Funding, Inc.
VW-03-190 Public Citizen
VW-03-191 Golden Spread Electric Cooperative, Inc.
VW-03-192 Sierra Club Alamo Group
VW-03-193 TxETRA
VW-03-194 San Antonio Hispanic Chamber of Commerce
VW-03-195 State Representative Armando Walle
VW-03-196 Penske
VW-03-197 Erik Graper
VW-03-198 State Representative Carol Alvarado
VW-03-199 Americans for Prosperity
VW-03-200 Greenlots
VW-03-201 Pan American Hydrogen
VW-03-202 Sovran
VW-03-203 State Senator Jose Menendez
VW-03-204 - VW-03-796 KnowWho Email Service
VW-03-797 William Berg

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Comments Received After TCEQ Was Designated Lead Agency

Comments Received as of August 7, 2018

Tracking Submitted By
VW-02-001 Michael Bayer
VW-02-002 RB Cox
VW-02-003 Anthony Han
VW-02-004 North Central Texas Council of Governments & Regional Transportation Council
VW-02-005 Jef Page
VW-02-006 Paul Palmier
VW-02-007 Joseph Russo
VW-02-008 Nick Wielbacher
VW-02-009 Capital Area Council of Governments
VW-02-010 Enervee
VW-02-011 CNG 4 America
VW-02-012 Michael Henning
VW-02-013 Ritchard Shadian
VW-02-014 Orange EV
VW-02-015 NGV America
VW-02-016 General Motors
VW-02-017 Airlines for America
VW-02-018 Wayne O'Quin
VW-02-019 KEW Grant Services LLC
VW-02-020 Electric Vehicle Charging Association
VW-02-021 Edwin Price
VW-02-022 Permian Basin Petroleum Association
VW-02-023 Greater Houston Natural Gas Vehicle Alliance
VW-02-024 Robin Cox
VW-02-025 Union Pacific Railroad
VW-02-026 FreedomCNG
VW-02-027 Alternative Fuel Stakeholder Coalition
VW-02-028 Uvalde CISD
VW-02-029 New Braunfels ISD
VW-02-030 Sierra Club, Lone Star Chapter
VW-02-031 CNG America
VW-02-032 McKinney Avenue Transit Authority
VW-02-033 Port Freeport
VW-02-034 City of Dallas
VW-02-035 Novus Wood Group
VW-02-036 Golden Spread Electric Cooperative
VW-02-037 Tesla
VW-02-038 Environmental Defense Fund
VW-02-039 Off Grid Logistics-Hydrogen Fuel Cells
VW-02-040 Port of Houston Authority
VW-02-041 NAVISTAR
VW-02-042 Ford Motor Company
VW-02-043 Blue Gas Marine, Inc.
VW-02-044 City of Houston
VW-02-045 University of Texas at Austin
VW-02-046 Stealth Power
VW-02-047 Revitalize Charging Solutions, Inc.
VW-02-048 Public Citizen
VW-02-049 Brandon Wade
VW-02-050 SAE International
VW-02-051 DM Home Entertainment
VW-02-052 Tracy Love
VW-02-053 Mata-Turf, Inc.
VW-02-054 Tommy Ford
VW-02-055 Randy Harris
VW-02-056 Whitney Courville
VW-02-057 Ben Campbell
VW-02-058 Dean Dahlquist
VW-02-059 Richard Barrett
VW-02-060 Jose A. Fernandez
VW-02-061 John DeVries
VW-02-062 Heather Buen
VW-02-063 John Melvin
VW-02-064 Ray Champion
VW-02-065 John LaCoke
VW-02-066 Melissa W. Lawson
VW-02-067 Wesley Ellis
VW-02-068 John Cusack
VW-02-069 Allison Shelton
VW-02-070 MedicAire, LLC
VW-02-071a John Weber
VW-02-071b John Weber
VW-02-072 Donna Head
VW-02-073 Randal House
VW-02-074 Dallas Fort Worth International Airport
VW-02-075 Frances Clark
VW-02-076 Houston-Galveston Area Council
VW-02-077 Toyota Motor North America, Inc.
VW-02-078 Schneider Electric
VW-02-079 Robert Sanchez
VW-02-080 Mark Carpenter
VW-02-081 Scott Hogue
VW-02-082 Chris Herbert
VW-02-083 Clear Creek ISD
VW-02-084 Northwest ISD
VW-02-085 Sanger ISD
VW-02-086 General Motors Corporation, Government Relations
VW-02-087 Regional Transportation Council
VW-02-088 Stuart Mayper
VW-02-089 Art Smith
VW-02-090 Brownsville Public Utilities Board
VW-02-091 Mike Peters
VW-02-092 Tom Hendricks
VW-02-093 Friendswood ISD
VW-02-094 Clear Creek ISD
VW-02-095 Alto ISD
VW-02-096 Alamo Area Council of Governments
VW-02-097 Alamo Area Council of Governments
VW-02-098 Hood County
VW-02-099 Mosvick
VW-02-100 Center ISD
VW-02-101 Roberts
VW-02-102 Tomball ISD
VW-02-103 Slocum ISD
VW-02-104 Houston ISD
VW-02-105 Diesel Technology Forum
VW-02-106 Protera
VW-02-107 BYD Heavy Industries
VW-02-108 NCTOG
VW-02-109 Enochs
VW-02-110 ChargePoint
VW-02-111 Texas Department of Transportation Fleet Operations
VW-02-112 Cummins Sales and Service, Gulf Region
VW-02-113 Voltabox of Texas, Inc.
VW-02-114 Tom Ortman
VW-02-115 KEW Grant Services
VW-02-116 Mark Moseley
VW-02-117 Rush Enterprise, Inc.
VW-02-118 City of San Antonio
VW-02-119 Air Alliance Houston
VW-02-120 John Kingman
VW-02-121 John MacFarlane
VW-02-122 TreadWright
VW-02-123 Travis County
VW-02-124 Buna Independent School District
VW-02-125 Arlington Independent School District
VW-02-126 GlobalAutomakers
VW-02-127 Novus Wood Group
VW-02-128 City of Denton
VW-02-129 State Representative Drew Darby and Others
VW-02-130 Tomball ISD

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Comments Received Before TCEQ Was Designated Lead Agency

Tracking Submitted By
VW-01-001 Alamo Area Council of Governments
VW-01-002 BYD America
VW-01-003 (number not used)
VW-01-004 Blue Bird Corporation
VW-01-005 ROUSH CleanTech
VW-01-006 Texas Advanced Energy Business Alliance
VW-01-007 Texas Clean Air Working Group
VW-01-008 Convoy Solutions, LLC
VW-01-009 NGV America
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