> Second, I guess the VW dealership here in Rochester that has about 5 TDI
> Passats on the lot has a few illegal cars they need to pawn off.  Granted,
> I don't their vintage - they do, however, have the newer body style - but I

The last reference to a TDI Passat brought to North America was in 1997
(that I can find).  The B4 body style, not the B5.  From the info I've
surveyed, the B5 Passat was never offered with a TDI in N. America (only
1.8T or the 2.8 V6).  So either they are importing European market cars
and selling them, or those are older B4 models.

>From the TDI FAQ at www.tdiclub.com:

c.California and New York issues - The state of California places limits
on the "fleet average" emissions of auto manufacturers. Currently, a
manufacturer can only sell a certain proportion of "Tier 1" vehicles in
relation to the number of "LEV" or low-emission vehicles. Certain other
states have copied the California legislation. Volkswagen has stated
that the withdrawal from sale of 2000-model TDI vehicles from certain
states is due to these reasons. Furthermore, California has declared
diesel exhaust to be a toxic air contaminant, although other studies
dispute this conclusion. The situation in New York is the same.

Keith