From AAIA Capital Report
The Department of Justice and Cummins Engine Co. have come to an agreement that resolves allegations that Cummins violated a 1998 consent decree. The consent decree required Cummins to correct violations that the Environmental Protection Agency (EPA) said resulted when the company and six other engine producers "blatantly circumvented emission requirements over the preceding four to 10 years." Under the recently announced agreement, Cummins will recall about 11,600 engines and replace the auxiliary emission control devices units with ones that conform to the engine performance parameters of the consent decree, as well as pay a fine of $950,000.
In addition to not meeting the parameters of the consent decree, the Justice Department contends that Cummins also used 1,101 more emission credits under an averaging, banking and trading program established by the decree which led to an excess of 1,000 tons of emissions of NOx; implemented a program (low-NOx rebuild) to equip old engines with new computer software to reduce nitrogen oxide emissions without receiving the required EPA approval; and failed to perform test equipment calibrations within the applicable time limits.
The Justice Department will take comments on the agreement until Nov. 17. Comments should refer to United States vs. Cummins Engine Company, Inc. D.J. Ref. 90-5-2-1-2136A and should be addressed to Assistant Attorney General Environment and Natural Resources Division, P.O. Box 7611, Department of Justice, Washington, DC 20044.
For a copy of the consent decree, write the Consent Decree Library, P.O. Box 7611, Department of Justice, Washington, DC 20044.
