Cummins Inc. will pay $175 million to California over emissions-rigging of Ram truck diesel engines. Along with $33 million for environmental violations and unfair business practices, it brings federal and state penalties to nearly $2 billion.
The Columbus, Indiana-based engine maker and advanced technology provider agreed Dec. 22 to a federal fine of $1.675 billion involving diesel engines in Ram trucks built over a decade. California’s share of the federal fine was $164 million. All told, the state will get about $372 million.
The federal civil penalty was the largest in the history of the Clean Air Act and second-largest fine overall. It followed the $2.6 billion criminal penalty that Volkswagen AG paid for emissions cheating in 2015. That arose from what became known as the “Dieselgate” scandal.
In a 158-page consent decree filed Wednesday in the U.S. District Court for the District of Columbia, Cummins agreed to make software changes at no cost to truck owners.
Emission-defeating software on 97,000 engines in California
The case involves approximately 97,000 engines in California and hundreds of thousands of vehicles nationwide. The California Air Resources Board discovered the defeat device violations in model years 2013 to 2018 Ram 2500 and 3500 trucks with the 6.7-liter diesel engine.
CARB used advanced testing methods and protocols developed to detect software programs that alter or shut down a vehicle’s emissions control system under normal driving operation.The U.S. Environmental Protection Agency partnered with CARB on the investigation, which revealed additional violations in 2019 to 2023 model year Ram 2500 and 3500 trucks.
’Knowingly harmed people’s health’
“Cummins knowingly harmed people’s health and our environment when they skirted state emissions tests and requirements,” California Attorney General Rob Bonta said in a news release. “Today’s settlement sends a clear message: If you break the law, we will hold you accountable.”
Cummins typically is responsible for certifying emissions only on its engines. In the case of the Ram trucks, Cummins certified that both the engine and the overall vehicle complied with federal regulations.
The company admitted no wrongdoing. It said in a statement that it is “looking forward to obtaining certainty as we conclude this lengthy matter.” Cummins reserved just over $2 billion against its fourth-quarter earnings for the federal and state penalties.
Auxiliary emission control devices rarely allowed
Software known as auxiliary emission control devices are allowed only when engine makers tell authorities of their existence in advance of certification. They typically are allowed only to protect the engine.
In this case, Cummins did not disclose the existence of the auxiliary emission control devices. The software changed the engine’s performance to meet rigorous emission standards during certification testing in the lab. But the emission control equipment shut down during real-world driving.
The Cummins engines involved in the case emitted smog-forming oxides of nitrogen (NOx) that were above the legal limit. NOx pollution contributes to the formation of ozone and particulate matter, which can aggravate health problems such as asthma and cardiopulmonary disease.
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