By The Department of Justice (DOJ) announced on Wednesday a proposed settlement with Indiana-based diesel engine manufacturer Cummins regarding alleged violations of the Clean Air Act and California law. The settlement addresses Cummins’ use of software “defeat devices” to evade emissions testing and certification requirements.
As part of the agreement, Cummins will pay a record-breaking civil penalty of $1.675 billion, marking the largest assessment in a Clean Air case to date. Additionally, the company will allocate over $325 million towards rectifying the violations associated with the defeat devices. This comprehensive resolution was reached in collaboration with the Environmental Protection Agency (EPA), the California Air Resources Board, and the California Attorney General.
An essential component of the settlement involves Cummins conducting a nationwide vehicle recall to repair and replace engine control software in hundreds of thousands of RAM 2500 and RAM 3500 pickup trucks equipped with Cummins diesel engines. These trucks, part of the immensely popular Dodge RAM series sold by Stellantis, emerged from the merger of Fiat Chrysler and the PSA Group.
The proposed agreement also mandates that Cummins extend the warranty period for specific parts in the repaired vehicles. Furthermore, the company will finance and undertake projects aimed at mitigating excess ozone-creating nitrogen oxides emitted by their vehicles. Cummins is also required to implement internal procedures to prevent future emissions cheating.
In total, the settlement is valued at over $2 billion. The significance of addressing nitrogen oxides (NOx) pollution, which contributes to the formation of harmful smog and fine particulate matter, cannot be overstated. The Environmental Protection Agency emphasizes that nitrogen dioxide resulting from NOx emissions has adverse effects on respiratory health, particularly for those with asthma, and may even contribute to its development in children.
Commenting on the settlement, a Cummins spokesperson stated that this proposed resolution is an impactful step forward, marking the culmination of a comprehensive four-year review process.
EPA Discovers Defeat Devices in RAM Pickup Trucks with Cummins Engines
The Environmental Protection Agency (EPA) recently announced that it has found defeat devices in Cummins engines used in RAM pickup trucks as part of its testing protocol. This discovery comes after a 2015 EPA warning to manufacturers, stating that the agency planned to conduct special testing to identify defeat devices.
In related complaints filed by the U.S. and California, it is alleged that nearly 1 million RAM 2500 and RAM 3500 pickup trucks from model years 2013-2023, equipped with Cummins diesel engines, utilized undisclosed engine control software features. Additionally, over 630,000 trucks manufactured between 2013-2019 were found to have illegal emissions control software defeat device features.
To rectify the issue, Cummins has been instructed to collaborate with Fiat Chrysler and its dealers on a vehicle recall and repair program specifically designed to remove all defeat devices from the affected RAM trucks. The repair process primarily involves software updates, and Cummins has already initiated the recall and repair program.
As part of the settlement, Cummins has agreed to make a lump sum payment of slightly over $175 million to the California Air Resources Board (CARB). This payment will be used to fund mitigation actions or projects aimed at reducing NOx emissions in California through CARB mitigation programs.
For the rest of the country, Cummins will focus on securing offsetting NOx reductions by working with railroad locomotive owners on two different types of locomotive emission reduction projects. These projects may involve replacing high-emission locomotive engines, among other measures.
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