Cummins settles with CARB over alleged emission violations in Nissan Titan trucks

16 March 2024

The California Air Resources Board (CARB) and California Department of Justice (DOJ) announced a $46 million settlement with Cummins. The settlement resolves DOJ and CARB’s claims for violations of California engine emissions control and certification requirements.

Cummins allegedly made undisclosed changes to approximately 120,000 model year 2016-2019 Nissan Titan diesel engines in California after CARB had certified the engines for sale. In addition, roughly 2,000 Cummins engines had undisclosed auxiliary emission control devices that altered the emissions control system and resulted in emissions that exceeded regulatory limits.

CARB alleged several violations of California emission regulations:

• Undisclosed AECDs—Cummins’ certification applications for the MY2016-2019 Nissan Titan pickup truck engines failed to disclose at least two software-based AECDs, some of which reduced the effectiveness of the emission control systems.
• Emission Standard Exceedances—Cummins sold engines that were incorporated into Nissan Titan vehicles that failed to comply with the applicable emission standards.
• Undisclosed Running Changes—In certain certified vehicles and/or engines, Cummins implemented running changes without submitting the request to CARB and obtaining CARB approval prior to making the changes.
• Undisclosed Field Fixes—In certain certified vehicles and/or engines, Cummins implemented field fixes without submitting the request to CARB and obtaining CARB approval prior to making the changes.

Cummins denied the allegations and did not admit liability.

Cummins fully cooperated with CARB’s investigation, said the agency. The company will conduct a voluntary emissions recall in about 2,000 affected engines to correct the violations. The recall will address the (1) SONOx (i.e., system-out NOx) target table update; (2) alternative table update; and (3) particulate matter sensor update, according to the settlement agreement.

Of the $46 million in payments required under the settlement, approximately $42 million will be paid to CARB: $32 million for penalties and about $9.8 million for mitigation of the full amount of excess NOx emissions created by the non-compliant engines. The settlement monies will go to the Air Pollution Control Fund to support CARB’s mobile source emissions control program and other CARB activities related to the control of air pollution. Cummins has the option to offset a portion of the CARB penalty amount with a project that will increase heavy-duty zero-emissions charging infrastructure in California.

The California Attorney General’s Office also entered into a settlement with Cummins, subject to court approval, for $4 million for unfair business practices and public nuisance claims and secured injunctive relief prohibiting Cummins from engaging in similar violations in the future.

This California agreement follows a much larger settlement reached in December 2023, when Cummins agreed to pay a $1.675 billion penalty to settle claims by the US EPA and CARB that it violated emission regulations in hundreds of thousands of Ram 2500 and 3500 pickup truck engines.

Source: CARB