[RustyLugNut]

That does not mean FCA is guilty. It simply means they are accused. The funny thing is, FCA was working with the EPA and CARB on the issues they had brought up concerning the AECDs ( Auxilliary Emission Control Devices ). These are not necessarily physical devices as much as they are lines of code within the system controllers. FCA has already addressed one of the eight AECDs with a recall. The others were being hashed out with the powers that be as it was argued by FCA that these AECDs were necessary in certain modes of operation to physically protect the engine and emissions devices. They did not affect emissions during the FTP 75 testing protocol and their operation is limited outside of the testing. However, on road emissions testing revealed elevated emissions - which is true for pretty much all diesel engines simply because of the complexity of diesel combustion. You can force a diesel engine to produce more emissions by simply driving long enough and looking hard enough.

All AECDs must be declared by the manufacturer to the EPA. However, some of the so called "illegal" AECDs are contained within other AECDs and may not have been seen as declarable. Most of the AECDs are dealing with the use of EGR and SCR ( Exhaust Gas Recirculation and Selective Catalytic Reduction ). An example of an infraction AECD is the use of a set of codes that run the engine without EGR. The engine is to run hot and lean to burn off valve residues. It is used only on occasion. It was caught operating during the extensive on road testing. Of course emissions are elevated during this type of operation.

The fact the EPA made an accusation after FCA was notified back in fall of 2015 and progress had been made in working through the noted AECDs shows that the EPA is simply fearful of what will happen under the new incoming administration. They fear they will lose much of their power and influence after this administration is done with them.