Incorrect. It is indeed 10x-40x (1000%-4000%) the allowable limit.
Tier II bin 5 NOx is <= 0.05 g/mile. VW has admitted to knowingly, fraudulently obtaining certification for vehicles that emit 0.50 - 2.0 g/mi. This fails to meet Euro 3 standard from 1992.
Let's keep in mind that we're getting our information from people (journalists) who are paid to sensationalize anything they can, spin it for the most dramatic headline they can get, for the longest time they can it. Unless something juicier comes along...
I read the ICCT report; I admit that I wasn't willing to follow their methodology, but I did find these things:
1. The 10-40x the allowable limit was for one pollutant (NOx), not all the pollutants tested. Some make it sound like the total pollution was 10-40 times.
2. The 10-40x readings were for very limited short times during a much longer test; the average value for the test was much lower. As I read it, the average still exceeded certification levels, but was nowhere near 40x the allowable average.
3. To quote from the report:
"Even during type-approval tests, emissions hit several peaks at given points of the driving cycle in which they can be several times above the emission limit. But this does not prevent their average emissions throughout the cycle from meeting the relevant emission limits. Likewise, it is acceptable for vehicles tested with PEMS to register points at which the emission limits are exceeded, but at the same time, their average emissions over long distances (i.e., distances comparably longer to those of type-approval cycles) should be kept under control"