The Justice Department, Environmental Protection Agency (EPA), California Air Resources Board (CARB) and California Attorney General’s Office late yesterday released the details of a proposed settlement with diesel engine maker Cummins Inc. for alleged violations of the Clean Air Act and California law. Beyond agreeing to pay a $1.675 billion civil penalty, the largest ever assessed in a Clean Air Act case, Cummins has agreed to spend more than $325million to remedy the violations, which included the use of software “defeat devices” that circumvented emissions testing and certification requirements. (See AutoInformed: Cummins to Pay $1.675B for Clean Air Act Violations)
“Cummins installed illegal defeat devices on more than 600,000 RAM pickup trucks, which exposed overburdened communities across America to harmful air pollution,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance.
Under the settlement, Cummins must complete a nationwide vehicle recall to repair and replace the engine control software in more than 600,000 RAM 2500 and RAM 3500 pickup trucks equipped with the company’s diesel engines. Cummins will also extend the warranty period for certain parts in the repaired vehicles, fund and perform projects to mitigate excess ozone-creating nitrogen oxides (NOx) emitted from the vehicles and employ new internal procedures designed to prevent future emissions cheating. In total, the settlement is valued at more than $2 billion.
NOx pollution contributes to the formation of harmful smog and fine particulate matter in air. Children, older adults, people who are active outdoors and people with heart or lung diseases are particularly at risk for health effects related to smog or particulate matter exposure. Nitrogen dioxide formed by NOx emissions can aggravate respiratory diseases, particularly asthma, and may also contribute to asthma development in children.
As in previous cases against other manufacturers, EPA discovered defeat devices in Cummins engines used in RAM pickup trucks through testing at the agency’s National Vehicle and Fuel Emissions Laboratory. That testing of RAM trucks was done as follow-up on a 2015 EPA warning to manufacturers that the agency planned to conduct special testing to identify defeat devices using driving cycles and conditions that were non-standard, but still reflected normal vehicle operation and use.
The terms of the proposed settlement with Cummins are contained in two consent decrees that the United States and California filed yesterday with the U.S. District Court for the District of Columbia. In a related set of complaints filed at the same time, the United States and California allege that nearly a million model year 2013-2023 RAM 2500 and RAM 3500 pickup trucks with Cummins diesel engines utilized undisclosed engine control software features, and more than 630,000 of those trucks made in model years 2013-2019 had illegal emissions control software defeat device features. Those software defeat devices helped the trucks pass standard EPA emissions tests, but they artificially reduced the effectiveness of the emission controls – and increased NOx emissions – during normal driving outside of the standard test conditions.
Recall and Repair Program
Cummins sought all EPA and CARB emission certifications for the RAM trucks equipped with its engines, even though the trucks were sold by the RAM truck division of Fiat Chrysler and its dealers. The settlement requires Cummins to work with Fiat Chrysler and its dealers on a vehicle recall and repair program that will remove all defeat devices from the affected 2013-2019 RAM trucks free of charge and bring the vehicles into compliance with applicable emissions standards under the Clean Air Act. The repair only involves software updates. Cummins has already started the recall and repair program required by the settlement.
Cummins must repair at least 85% of the 2013-2019 RAM trucks equipped with defeat devices within three years. The company must offer a special extended warranty covering emission control system parts on 2013-2019 RAM trucks that receive the replacement software. Cummins also must test some of the repaired trucks over a number of years to ensure that the trucks continue to meet emissions standards over time.
Mitigation Programs
As another requirement of the settlement, Cummins must fully offset the excess NOx emissions from the 2013-2019 RAM trucks that were equipped with defeat devices. For California, Cummins will make a lump sum payment to CARB of slightly more than $175 million to fund mitigation actions or projects that reduce NOx emissions in California through CARB mitigation programs.
For the rest of the country, Cummins will secure offsetting NOx reductions by working with railroad locomotive owners on two types of locomotive emission reduction projects. First, Cummins will finance and ensure the replacement of 27 old, high-emitting diesel locomotive engines with new, low-emitting diesel or electric engines. Second, Cummins will fund and complete 50 projects that will reduce idling time for diesel-powered switch locomotives to reduce fuel usage and emissions of NOx, particulate matter, volatile organic compounds and carbon dioxide.
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Cummins Diesel Penalties Finalized in $1.675B Settlement
“Cummins installed illegal defeat devices on more than 600,000 RAM pickup trucks, which exposed overburdened communities across America to harmful air pollution,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance.
Under the settlement, Cummins must complete a nationwide vehicle recall to repair and replace the engine control software in more than 600,000 RAM 2500 and RAM 3500 pickup trucks equipped with the company’s diesel engines. Cummins will also extend the warranty period for certain parts in the repaired vehicles, fund and perform projects to mitigate excess ozone-creating nitrogen oxides (NOx) emitted from the vehicles and employ new internal procedures designed to prevent future emissions cheating. In total, the settlement is valued at more than $2 billion.
NOx pollution contributes to the formation of harmful smog and fine particulate matter in air. Children, older adults, people who are active outdoors and people with heart or lung diseases are particularly at risk for health effects related to smog or particulate matter exposure. Nitrogen dioxide formed by NOx emissions can aggravate respiratory diseases, particularly asthma, and may also contribute to asthma development in children.
As in previous cases against other manufacturers, EPA discovered defeat devices in Cummins engines used in RAM pickup trucks through testing at the agency’s National Vehicle and Fuel Emissions Laboratory. That testing of RAM trucks was done as follow-up on a 2015 EPA warning to manufacturers that the agency planned to conduct special testing to identify defeat devices using driving cycles and conditions that were non-standard, but still reflected normal vehicle operation and use.
The terms of the proposed settlement with Cummins are contained in two consent decrees that the United States and California filed yesterday with the U.S. District Court for the District of Columbia. In a related set of complaints filed at the same time, the United States and California allege that nearly a million model year 2013-2023 RAM 2500 and RAM 3500 pickup trucks with Cummins diesel engines utilized undisclosed engine control software features, and more than 630,000 of those trucks made in model years 2013-2019 had illegal emissions control software defeat device features. Those software defeat devices helped the trucks pass standard EPA emissions tests, but they artificially reduced the effectiveness of the emission controls – and increased NOx emissions – during normal driving outside of the standard test conditions.
Recall and Repair Program
Cummins sought all EPA and CARB emission certifications for the RAM trucks equipped with its engines, even though the trucks were sold by the RAM truck division of Fiat Chrysler and its dealers. The settlement requires Cummins to work with Fiat Chrysler and its dealers on a vehicle recall and repair program that will remove all defeat devices from the affected 2013-2019 RAM trucks free of charge and bring the vehicles into compliance with applicable emissions standards under the Clean Air Act. The repair only involves software updates. Cummins has already started the recall and repair program required by the settlement.
Cummins must repair at least 85% of the 2013-2019 RAM trucks equipped with defeat devices within three years. The company must offer a special extended warranty covering emission control system parts on 2013-2019 RAM trucks that receive the replacement software. Cummins also must test some of the repaired trucks over a number of years to ensure that the trucks continue to meet emissions standards over time.
Mitigation Programs
As another requirement of the settlement, Cummins must fully offset the excess NOx emissions from the 2013-2019 RAM trucks that were equipped with defeat devices. For California, Cummins will make a lump sum payment to CARB of slightly more than $175 million to fund mitigation actions or projects that reduce NOx emissions in California through CARB mitigation programs.
For the rest of the country, Cummins will secure offsetting NOx reductions by working with railroad locomotive owners on two types of locomotive emission reduction projects. First, Cummins will finance and ensure the replacement of 27 old, high-emitting diesel locomotive engines with new, low-emitting diesel or electric engines. Second, Cummins will fund and complete 50 projects that will reduce idling time for diesel-powered switch locomotives to reduce fuel usage and emissions of NOx, particulate matter, volatile organic compounds and carbon dioxide.
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