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Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

Publication: Federal Register
Department: Justice
Byline: Patricia A. McKenna
Date: 17 January 2024
Subjects: American Government , The Environment
Topics: Cummins, Ram 2500, Ram 3500 
[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Notices]
[Page 2983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00705]


=======================================================================
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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On January 10, 2024, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Columbia in the case captioned United States v. Cummins Inc., Case 
No. 1:24-cv-00088.
    The United States filed a Complaint in this lawsuit seeking civil 
penalties and injunctive relief from Defendant Cummins Inc. 
(``Cummins'') for alleged violations of title II of the Clean Air Act, 
as amended, 42 U.S.C. 7521-7590, and the regulations promulgated 
thereunder, which aim to protect human health and the environment by 
reducing emissions of nitrogen oxides (``NOX'') and other 
pollutants from mobile sources of air pollution, including new motor 
vehicles. The State of California has filed a separate Complaint 
alleging corresponding claims for civil penalties and injunctive relief 
against Cummins under the Clean Air Act's citizen suit provisions, 42 
U.S.C. 7404(a)(1), and California laws and regulations.
    The United States' Complaint alleges that Cummins violated the 
Clean Air Act through the company's production and sale of diesel motor 
vehicle engines--along with associated engine control and emission 
control systems--that were installed in nearly one million pickup 
trucks sold in the United States under the RAM 2500 and RAM 3500 model 
names. The United States alleges that Cummins' applications to the U.S. 
Environmental Protection Agency for Certificates of Conformity for 
those trucks did not disclose multiple software-based features that 
affect their emission control systems. In addition, the United States 
alleges that some of these undisclosed software features qualify as 
illegal ``defeat devices'' that bypass, defeat and/or render 
inoperative emission control systems in more than 630,000 model year 
2013-2019 RAM 2500 and RAM 3500 trucks, causing those vehicles to emit 
substantially higher levels of NOX during certain normal 
real world driving conditions, as compared to the vehicles' 
NOX emissions levels during federal emission tests.
    When the United States' Complaint was filed, the United States also 
lodged a proposed Consent Decree among the United States (on behalf of 
the U.S. Environmental Protection Agency), the State of California (on 
behalf of the California Air Resources Board), and Cummins (the ``Joint 
Consent Decree''). If approved by the Court, the Joint Consent Decree 
would resolve the claims against Cummins in the United States' 
Complaint on agreed terms and conditions. The Joint Consent Decree also 
would partially resolve the claims against Cummins in the California 
Complaint. A separate proposed Consent Decree between Cummins and 
California (the ``California Partial Consent Decree'') was lodged 
concurrently with the proposed Joint Consent Decree. The California 
Partial Consent Decree would resolve the remaining claims in the 
California Complaint, including claims brought by the California 
Attorney General.
    The Joint Consent Decree would require Cummins to: (i) pay the 
United States a $1.478 billion civil penalty; (ii) pay the California 
Air Resources Board a $164 million penalty; and (iii)) take various 
steps to remedy the alleged violations, including conducting vehicle 
recall campaigns to replace the software in model year 2013-2019 RAM 
trucks and satisfying mitigation requirements to offset the excess 
NOX emissions from those trucks.
    The California Partial Consent Decree would require Cummins to pay 
$33 million in civil penalties to the California Attorney General and 
make an additional payment to fund actions or projects that reduce 
NOX emissions through mitigation programs administered by 
the California Air Resources Board.
    Taken together, the Joint Consent Decree and the California Partial 
Consent Decree would require Cummins to pay more than $2 billion to 
resolve the violations alleged by the United States and California, 
including $1.675 billion in civil penalties.
    The publication of this notice opens a period for public comment on 
the United States' proposed Joint Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to Untied States v. Cummins Inc., 
DJ Ref. No. 90-5-2-1-12300. All comments must be submitted no later 
than thirty (30) days after the publication date of this notice. 
Comments may be submitted either by email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
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By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Joint Consent Decree 
may be examined and downloaded at this Justice Department website: 
https://www.justice.gov/enrd/consent-decrees.
    We will provide a paper copy of the proposed Joint Consent Decree 
upon written request and payment of reproduction costs. Please mail 
your request and payment to: Consent Decree Library, U.S. DOJ--ENRD, 
P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $45.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia A. McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-00705 Filed 1-16-24; 8:45 am]
BILLING CODE 4410-15-P




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