Washington, D.C. – Diesel engine manufacturer Cummins Inc. will pay a US$2.1 million penalty and recall 405 engines for violations of the Clean Air Act, as announced by the U.S. Environmental Protection Agency (EPA).

According to the complaint, Cummins shipped more than 570,000 heavy-duty engines between 1998 and 2006 to vehicle equipment manufacturers across the country, although pollution control equipment was not included. The equipment, known as exhaust after-treatment devices (ATDs) control exhaust emissions once the emissions have exited the engine and entered the exhaust system. Typical ATDs include catalytic converters and diesel particulate filters.

The complaint found that Cummins tested the engines with ATDs to meet the standards, but failed to include the ATDs with the engines when they were shipped to the vehicle manufacturers, relying on the manufacturers to purchase and install the correct ATDs. This violates the Clean Air Act’s prohibition on the sale of engines not covered by certificates of conformity.

Cummins will have to recall approximately 405 engines that were found to have reached the final consumers without the correct ATDs. The engine manufacturer must install the equipment on them. Based on the EPA’s estimates that the non-compliant engines would generate approximately 167 excess tons of nitrogen oxides and hydrocarbon emissions, along with 30 excess tons of particulate matter over their lifetime, Cummins must mitigate the effects of the excess emissions through permanent retirement of emission credits equal to the excess tons of pollution.

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