Separate from the defeat device that evades tests, this new bit of code reportedly helps warm up the engine. However, automakers are supposed to disclose to the EPA any software that can affect emissions. The tech isn't necessarily against the law, but the regulatory agency needs to know about it during evaluations. The company didn't reveal this system until applying for certification on the latest TDIs. "VW did very recently provide EPA with very preliminary information on an auxiliary emissions control device that VW said was included in one or more model years," EPA spokesperson Nick Conger told Bloomberg.
In response to the disclosure, VW took back its application for the diesels until it provided more details to the EPA on the previously undisclosed code. So far, there's no evidence that this code is actually another defeat device, though. Regulators are preparing an onslaught of tests on the revised engine to make sure the German automaker isn't gaming the system again.
VW has until November 20 to outline a fix for the diesels to the California Air Resources Board. In response to the scandal, the company is preparing for severe cutbacks to have enough money to pay for all of the expected fines and repairs. It also recently announced plans for a serious electrification push in the near future.