On Wednesday, diesel engine manufacturer Cummins Inc., announced it had reached a settlement with the U.S. Justice Department, the Environmental Protection Agency, and others over allegations it cheated on emissions testing.
The settlement stems from allegations by the EPA, the U.S. Justice Department, California Air Resources Board (CARB) and California Attorney General’s Office that Cummins Inc. violated the Clean Air Act and California law. In 2015, the EPA alleged that Cummins engines used in RAM pickup trucks had special defeat devices installed on them to pass the agency’s National Vehicle and Fuel Emissions Laboratory testing. The allegations cover nearly a million model year 2013-2023 RAM 2500 and RAM 3500 pickup trucks with Cummins diesel engines using undisclosed engine control software. More than 630,000 of those trucks were equipped with emissions controls software defeat device features.
“Today’s agreement, which includes the largest-ever Clean Air Act civil penalty, stands as notice to manufacturers that they must comply with our nation’s laws, which protect human health and the health of our environment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We appreciate the work of our partners, the EPA and the State of California, in helping us reach this significant settlement.”
Officials said Cummins must pay a $1.675 billion civil penalty, as well as spend more than $325 million to remedy violations it incurred by using software “defeat devices” that circumvented emissions testing and certification requirements. Under the settlement, the company must also complete a nationwide vehicle recall for more than 600,000 RAM 2500 and RAM 3500 pickup trucks equipped with the company’s engines and to repair and replace the engine control software.
Cummins will also extend the warranty period for certain parts in the repaired vehicles, and perform projects to mitigate excess emissions from those vehicles, as well as implement new internal procedures to prevent future emissions cheating. In total, the settlement is valued at more than $2 billion, officials said.
“Cummins installed illegal defeat devices on more than 600,000 RAM pickup trucks, which exposed overburdened communities across America to harmful air pollution,” Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance said. “This record-breaking Clean Air Act penalty demonstrates that EPA is committed to holding polluters accountable and ensuring that companies pay a steep price when they break the law.”