The U.S. Department of Justice, U.S. Environmental Protection Agency (U.S. EPA), California Air Resources Board (CARB), and the California Attorney General’s Office have reached a proposed settlement that would resolve a civil enforcement case against diesel engine manufacturer, Cummins Inc. (Cummins). The agencies filed the proposed settlement with the U.S. District Court for the District of Columbia on January 10, 2024, which would resolve alleged violations of the Clean Air Act and California law. The violations involve nearly 1 million nationwide (~97,000 in California) model year 2013-2023 RAM 2500 and RAM 3500 pickup trucks powered with diesel engines made by Cummins. The settlement terms are contained in two proposed consent decrees submitted to the court in companion lawsuits filed by the United States and California. All documents can be found on CARB’s website.

CARB developed this Frequently Asked Questions (FAQs) document to answer questions related to the settlement.[1] 

What did Cummins do?

Cummins installed alleged defeat device software in diesel engines that were supplied to Fiat Chrysler for Ram 2500 and 3500 vehicles, model years 2013-2019. The emission control software contained an alleged defeat device that was designed to control emissions during certification but illegally reduced the effectiveness of the emission control during real world on-road driving. Additionally, Cummins failed to disclose to the U.S. EPA and CARB other software calibrations in model years 2019-2023. These additional failures to disclose also violated the Clean Air Act even though the additional software calibrations did not include defeat device features.

What Role did California play in detecting these defeat devices?

CARB scrutinized and questioned Cummins to uncover these defeat devices. CARB then procured similar trucks to further investigate Cummins’ responses for validation. CARB then worked with the U.S. EPA to conduct a thorough investigation, during which the agencies uncovered additional violations.

What models are included in the settlement?

Model year 2013-2023 Ram 2500 and 3500 vehicles/trucks powered by Cummins’ diesel engines.

What is included in the settlement?

The total estimated expense to Cummins under this settlement, including civil penalties, mitigation projects, recalls, and other compliance activities, is approximately $2 billion. This includes a civil penalty, federal mitigation, California mitigation, vehicle recall, enhanced testing, and corporate compliance measures to prevent future violations.

What should an owner do if they own one of these vehicles?

Owners of an affected model year 2013-2019 RAM 2500 or 3500 diesel vehicle should receive a letter notifying them of the recall. The vehicle owner can schedule an appointment to have their vehicle repaired. The recall consists only of a software update. No hardware changes are necessary. Once Cummins repairs the vehicle, Cummins will provide the vehicle owner with an extended warranty for the emission control system. The extended warranty is also available to owners that have already received the recall software.

Is there a repair for this problem?

Yes. Cummins has already developed a software repair for this issue for the affected vehicles. CARB and the U.S. EPA have approved the repair. Cummins through Fiat Chrysler have already issued a recall referred to as campaign 67A.

Do I have to get the repair to pass a smog check or register my vehicle?

No.

Should I complete the recall before the required smog check?

If a smog check is required, CARB suggests taking your vehicle to obtain a passing smog check certificate before completing recall 67A since a substantial amount of driving may be required in order to set On-Board Diagnostics (OBD) readiness monitors to complete. OBD readiness monitors are self-tests performed by the vehicle's OBD system to verify emission control functionality and is one of the requirements for obtaining a passing smog check certificate. While most vehicles complete the various readiness monitors during normal driving, some vehicles may require a substantial amount of driving to complete. Please be aware that smog check certificates are only valid for 90 days after issuance.

Who will pay for the repair?

There will be no charge to eligible vehicle owners or lessees for the repairs approved by CARB and the U.S. EPA. Owners and lessees also do not have to release any right, including their right to sue the company, to get the repair.

Will the repair affect my warranty?

Existing warranties remain in effect, regardless of whether owners/lessees get the repair or not. Any vehicle that receives the repair, which is optional, will get an extended warranty that covers labor and certain parts impacted by the repair, unless the vehicle has been modified with an aftermarket part, component, or software. The length of the extended warranty will vary by vehicle. For more information on what is covered by the extended warranty, see Appendix B, Paragraphs 19 to the US/CARB Joint Consent Decree, or contact Cummins or Fiat Chrysler. If the company refuses to honor an owner/lessees regular or extended warranty, as applicable, please report it by emailing CumminsCD@arb.ca.gov.

Will the repair affect the vehicle’s fuel economy or how well it operates?

The repairs are not expected to impact fuel economy, vehicle durability, or operation. Fiat Chrysler’s or Cummins’ letter informing owners/lessees of the availability of a repair for effected vehicles will describe any anticipated impacts of the repair, if any.

How long will the repair take?

For information about how long the repair will take, please contact Cummins, Fiat Chrysler, or the Fiat Chrysler authorized dealer referenced in the repair notification letter.

Can vehicle owners get a loaner vehicle while their vehicle is being repaired?

The settlement does not include provisions for loaner vehicles while the vehicle is being repaired. However, if the vehicle encounters further deterioration to any emission components that relate to the Special Extended Warranty, and the time that it takes to repair issues on the Special Extended Warranty provisions of more than 3 hours, please contact Cummins/Fiat Chrysler for inquiries about the potential for a loaner vehicle.

What will the repair include?

The repair includes only what is approved by the U.S. EPA and CARB, which in this case is a software update to the engine control module. After completing the repair, Fiat Chrysler through Cummins will provide the vehicle identification number to U.S. EPA and CARB to report that the vehicle has been repaired.

Can the company refuse to repair an effected vehicle?

Only under very limited circumstances can the company refuse the repair, such as if a vehicle has an aftermarket, emission-related part, component, or software on it that will substantially affect the operation of the vehicle with the repair. Owners or lessees can still get the repair if they pay to have the aftermarket, emission-related part, component, or software removed. If the company refuses to repair a vehicle for any other reason, please report it by emailing CumminsCD@arb.ca.gov.

Is this repair the same as a recall?

Yes, recall campaign 67A.

Will my dealer know about this case and repair?

Cummins, through Fiat Chrysler, is required to tell authorized dealers of affected vehicles about the repair, so Fiat Chrysler dealers should be aware of the recall and respective repair. However, it’s best to use the contact information on the repair notification letter or go through the website for the repair to get the most accurate, up-to-date information.

Is a vehicle buyback available in this case?

Vehicle buyback is not part of the settlement in this case.

Why is the remedy available in this case different from that in the VW, Fiat-Chrysler, or Daimler cases?

All settlements hold manufacturers accountable for using hidden software and defeat devices. However, the specific technologies are different in each case. Each remedy is specific to each case, which accounts for the differences in resolutions.

Are there any other requirements in the settlement?

The settlement includes other requirements, including a penalty, mitigation, and measures to prevent future violations such as requiring corporate compliance measures and an internal audit. For more information on the requirements in the settlement, please see the consent decrees located on CARB’s webpage. 

Does the settlement mitigate air pollution?

The settlement fully mitigates the harm caused by the violations. Cummins will pay CARB roughly $175 million to mitigate the excess emissions in California. Nationally, Cummins will repower a certain number of road switch locomotive engines and yard switch locomotive engines, as well as install idle reduction technology on a number of yard switch engines to mitigate national emission.

[1] This FAQ document does not have the force of law, does not establish regulatory requirements, and is not legal advice. It does not supplant, replace, or amend the requirements in the filed consent decrees, nor does it contain all requirements in the consent decrees. For more information, please see the consent decrees on CARB’s website.