Nitrogen Oxides (NOx)

At the center of recent emissions scandals is the issue of excess release of Nitrogen Oxides (NOx) in diesel vehicles, in violation of governmental standards. While most people associate emissions and greenhouse gases with Carbon Dioxide (CO2), Nitrogen Oxides are particularly important as they are a natural byproduct of a vehicle’s engine combustion. As auto manufacturers have aggressively pursued opportunities for better fuel economy and market share, some companies have unfortunately resorted to defeat devices (including deceptive software programming) to help vehicles perform better while concealing the emission of excessive NOx. However, once a vehicle becomes embroiled in an emissions scandal, a series of dominoes begins to fall that often unfairly impacts consumers. 

What are Nitrogen Oxides (NOx)? 

Nitrogen Oxides (NOx), or ‘NOx gases,’ are a group of gases and compounds placed under an umbrella term to describe emissions that feature a variety of different compounds, all of which share Nitrogen and Oxygen-based molecules (ex:  NO2, N2O5, etc.). A major concern with these gases is their role in the creation of ozone problems, acid rain, and the impact of some compounds known as “greenhouse gases.” 

NOx gases are regularly released into the atmosphere as a natural byproduct of engine combustion from diesel vehicles. Commonly a combination of Nitric Oxide (NO) and Nitrogen Oxide (NO2) molecules, NOx is associated with the formation of smog and other environmentally-damaging types of air and earth pollution, including acid rain. N2O (Nitrous Oxide) is also commonly found in Nitrogen Oxides and is considered to be a greenhouse gas 300 times more powerful/worse than CO2. While not all gases lumped into the Nitrogen Oxides “family” are greenhouse gases, they each can directly impact the environment in harmful ways and create major health and property risks in communities that face high exposure to Nitrogen Oxides. 

Nitrogen Oxides from Cars and Trucks 

Catalytic and non-catalytic reduction systems are used in vehicles to limit the amount of NOx released in everyday operation of the car or truck. These systems attempt to capture the Nitrogen Oxides before they are released through the exhaust system. The filters, catalytic converters, NOx adsorbers, and more are part of a series of systems put in place to restrict the release of Nitrogen Oxides automatically by capturing the gas and, at times, converting it to Nitrogen. 

Nitrogen Oxides are one of several items examined in the emissions tests certain states require for vehicle registration. While state requirements vary, vehicles are commonly manufactured under the standards set by the state of California to ensure uniformity in the development process. The California Air Resources Board (CARB) has put additional focus on diesel engines due to the impact diesel particulate matter (PM) has on the environment and air quality. 

Limiting Nitrogen Oxides in Vehicle Emissions 

Limiting the emission of Nitrogen Oxides creates barriers in preventing these harmful gases from being released in exhaust system and directly affects vehicle performance. When a car or truck is able to maximize the potential ‘explosions’ in the engine, significant NOx is created. As a result, barriers on the release of Nitrogen Oxides also limit the potential performance that could be achieved. The reason manufacturers may feel incentivized to use defeat devices is to achieve performance standards that are either best-in-class or, at minimum, to ensure the vehicles meet governmental standards.  

However, there are valid reasons for limiting Nitrogen Oxides in vehicle emissions. While those who believe issues with environmentalism or global warming do not think vehicles should be restricted as part of the effort to restrict NOx emissions, there is valid science concerning why these restrictions are critical. The key reasons government officials have sought to limit the release of Nitrogen Oxides in relation to vehicle emissions are two-fold:

1) Key health problems have been associated with exposure to NOx, including long and short-term respiratory issues, allergies and asthma; and
2) Greenhouse gases involving Nitrogen and Oxygen compounds can be extremely harmful to the environment, significantly more impactful that CO2 and others, even indirectly. 

Bi-Partisan Support for Limiting Nitrogen Oxides 

The effort to limit Nitrogen Oxides is often characterized as a partisan issue. However, there are clear indications from both aisles that limiting the release of Nitrogen Oxides into the air is in the best interests of the country, as well as the world.

Emission standards have often been characterized as a “California” state agenda when, in fact, federal actions reflect a national interest in limiting NOx emissions. Standards for emissions, as well as their enforcement, began over 50 years ago and had a significant impact. Vehicles today are considered to be 98-99% cleaner than cars in the 1960s.  The development of emission standards has also resulted in new technological innovations and job growth, creating value beyond cleaner air. 

In addition, both political parties have seen value in the continued reduction of NOx emissions. In late 2018, the Trump administration announced they would seek to reduce NOx emissions from heavy-duty trucks, a plan they continued to advance more than a year later. Further, in early 2020, the Department of Justice filed a lawsuit against the manufacturer of products that allegedly bypass manufacturer emission systems in vehicles. That suit is part of an ongoing EPA effort to clamp down on companies who produce aftermarket products aimed at circumventing emissions standards. While the Volkswagen emissions scandal was prosecuted and penalized under the Obama administration, the Trump administration led the prosecution and penalty efforts against Fiat Chrysler for their EcoDiesel case. 

Although the political parties may disagree on how far to take emission standards (or scale them back), there are strong indications that the limitation of Nitrogen Oxides is an issue that will be taken seriously, no matter who is in the White House. Regardless of whether you are concerned about limiting Nitrogen Oxides or not, an emissions scandal can absolutely impact you and your financial future due to the enforcement of federal law. As a result, the issue stops being political when a lawsuit forces you to choose between the terms reached in the class action settlement and what you believe you are entitled to in an individual claim.