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SALT LAKE CITY — Utah authorities said it's possible that FrontRunner locomotives will be equipped with the latest technology to reduce emissions as a result of a partial settlement reached with Volkswagen for nearly $15 billion.
The proposed settlement negotiated with the German automaker earlier this summer came after allegations surfaced that it equipped about a half million of its cars with emissions-cheating software.
Under the deal, which is expected to be finalized this fall, Utah would get close to $32.4 million as part of its share of a $2.7 billion mitigation fund.
In the mean time, owners of the estimated 8,000 affected cars in Utah will be compensated under a separate program in which the automobile manufacturer will either buy back the car or install pollution control equipment in what lawyers describe as the largest class-action settlement in U.S. history.
The U.S. Department of Justice negotiated several eligible mitigation actions available to states where the cars operated and emitted as much as 40 times the permitted federal threshold of nitrogen oxide.
Volkswagen has admitted that its 2-liter diesels were programmed to turn on emission controls during tests and turn them off while on the road. VW got away with defeating the tests for seven years until it was caught by the International Council on Clean Transportation.
For states, potential mitigation actions include replacement of school or shuttle buses, addressing pollution from airport ground support vehicles or changing out local freight trucks.
In Utah, the state Department of Environmental Quality is the lead agency that will vet potential projects for approval by an independent trustee established to administer the funds.
Glade Sowards, a policy analyst with the state's air quality division, said states were asked by the Department of Justice to weigh in on potential pollution reducing steps that may prove especially beneficial in their particular region.
After consultation with Utah Transit Authority, Sowards said directing some of the money to improve commuter locomotive emissions seemed like a good fit, as did removing a 15 percent settlement-imposed cap on spending for electric vehicle recharging stations.
"We wanted to have maximum flexibility, but we have a hunch that commuter locomotives could be a really good candidate," Sowards said. "Ultimately, a lot of people bought these (VW) cars on the assurance of manufacturer. … We want to make up for those nitrogen oxide emissions, so that is the real goal."
The Department of Justice will have to sign off on the recommendations that Utah submitted early in August, and both the UTA and the air quality regulators will conduct an analysis to determine the cost-effectiveness of locomotive repowering or replacement.
Matt Sibul, UTA's chief planning officer, said FrontRunner's 20 locomotives were bought used and lack current emission control technology.
"FrontRunner is a net saver of emissions because of the passenger loads we get," he said. "With that said, the locomotives need to be upgraded and should be."
The settlement money could be used to replace the current locomotives with what is called Tier 4 technology, Sibul said, depending on DOJ approval and the state's own analysis.
"Eventually these locomotives are going to need to be replaced anyway, but we need to look at how much it is going to cost to replace the locomotives or upgrade them to get better emissions."
Over the long term, Sibul said the agency would like to electrify FrontRunner — just like TRAX — so there are zero emissions and travel times are signficantly reduced.
The settlement money will allow the state Department of Environmental Quality to partner with UTA and other groups to determine how to achieve the best pollution reductions in areas like transit, Sibul said.
"It is sad that over the past eight to 10 years we have all been collectively suffering due to the impact of these (VW) vehicles," Sibul said. "If it is made up at the end of the day to improve things around here, that is the silver lining."
