Rolling Coal: While the EPA Continues to Focus on Manufacturers and Sellers of Emissions Control Defeat Devices on Diesel Vehicles, Cummins Gets a Huge Fine for Installing Software That Cheats Emissions

 

     I heard a snippet from a Republican in the West Virginia legislature recently where the lawmaker noted that “rolling coal,” which refers to bypassing required emissions control on vehicles, and which can result in quite a bit of black smoke when accelerating, is obnoxious and potentially dangerous. The high level of black smoke has impeded the ability of other drivers to see and has caused accidents which include deaths.

     The EPA reported in 2020 that rolling coal was having a bigger cumulative effect on pollution than VW’s “dieselgate.” In the report the EPA’s Air Enforcement Division (AED) concluded that “the emissions controls have been removed from more than 550,000 diesel pickup trucks in the last decade. As a result of this tampering, more than 570,000 tons of excess oxides of nitrogen (NOx) and 5,000 tons of particulate matter (PM) will be emitted by these tampered trucks over the lifetime of the vehicles. These tampered trucks constitute approximately 15 percent of the national population of diesel trucks that were originally certified with emissions controls. But, due to their severe excess NOx emissions, these trucks have an air quality impact equivalent to adding more than 9 million additional (compliant, non- tampered) diesel pickup trucks to our roads.” The reality is that it is likely that the study far underestimates the actual number of trucks with the defeat devices installed. The analysis showed conclusively that evading emissions control rules is routinely practiced among owners of big diesel trucks. It is also routinely practiced among gasoline-powered vehicle owners and mechanics. I know this because I did it with an old Honda I had. When my auto-mechanic told me that my catalytic converter was not functioning correctly, he suggested that he could make a cut and bypass it. Being low on money at the time I said OK and let it go at that. Thus, I am guilty of this too, in my greed to save money. The vehicle was older at the time and within a year or two was junked out due to a rusted frame. However, I think that among those who do it routinely, it is not just about saving money. It is also about ‘giving the finger’ to the government and regulators like the EPA.

 

Source (for all): U.S. EPA.

 

Defeat Devices and Their History

 

     According to Wikipedia: “Defeat devices are mechanisms that interfere with or disable emissions controls in motor vehicles under real-world driving conditions, even if the vehicle passes formal emissions testing. These devices can have significant implications for both the environment and vehicle life. Let’s explore how they impact vehicles”:

 

“Emissions Control Bypass: Defeat devices bypass or eliminate emission controls, allowing vehicles to emit pollutants beyond legal limits. For instance, some devices alter engine performance during emissions tests, but revert to higher emissions during regular driving. This compromises air quality and contributes to health issues.”

 

“Some shops advertise “delete kits” as a way to improve mileage and extend component lifespan, saving customers money. However, these claims often lack scientific evidence, and the long-term impact on vehicle life is uncertain.”

 

     For diesel defeat devices, it is the owners of the vehicles that are buying and installing the widely available aftermarket defeat devices. Many of these devices can apparently also fool local and state inspections so that they pass. EPA found 28 companies responsible for making 45 illegal diesel tuners, as the investigation continues. The chart below shows the different types of defeat devices, their manufacturers, and how the supply chain works.

Source: U.S. EPA

     Defeat devices have a history that stretches to the 1970s when Chrysler, Ford, GM, and Toyota were ordered by the EPA to stop using ambient temperature switches which disabled pollution controls at low temperatures. Volkswagen was fined in 1973 for failing to disclose the presence of two temperature sensing switches that affected emissions. In 1995 GM was fined $11 million and ordered to recall 1991-1995 Cadillacs “for programming the car's electronic control unit (ECU) to enrich the fuel mixture any time the car's air conditioning or cabin heat was operating, since the EPA tests are conducted with those systems turned off. The richer fuel mixture was needed to address an engine stalling problem, resulting in emissions of up to 10 grams per mile of carbon monoxide (CO), nearly three times the limit of 3.4 g/mi. While the EPA and Justice Department contended that GM intentionally violated emissions standards, GM said that was "a matter of interpretation." Besides the fine, the second largest Clean Air Act penalty to date in 1995, GM had to spend up to $34 million for anti-pollution programs and recall 470,000 Cadillac 4.9 liter Eldorados, Fleetwoods, DeVilles, and Sevilles. The largest civil penalty under the Clean Air Act was $11.1 million paid by Louisiana-Pacific lumber and paper company.” Honda and Ford also faced big fines for defeat devices and deceptive emissions tallying practices in the 1990s. In 1998 seven diesel engine makers: “Caterpillar, Cummins, Detroit Diesel, Mack Trucks, Navistar International, Renault Trucks, and Volvo Trucks, also agreed to spend more than $1 billion to correct the problem. The trucks used engine ECU software to engage pollution controls during the 20-minute lab tests to verify compliance with the Clean Air Act, but then disable the emissions controls during normal highway cruising, emitting up to three times the maximum allowed NOx pollution.”

     EPA began fining companies making such devices several years ago, but the practice continues, the big fines continue, and it is uncertain how the fines are affecting proliferation, sales, and owner trends. Some diesel tuning equipment does not break any emissions rules, so the devices also need to be tested by EPA. In October 2023, CBS News reported that eBay was facing potential fines up to $2 billion for allowing the sale of defeat devices. Videos on social media have shown defeat device owners deliberately rolling coal in the faces of pedestrians, cyclists, and other motorists. While some people may like the smell of diesel, many of us do not like it, and it is of course, rude and obnoxious, as well as noxious. A few states such as Colorado and Maryland have banned rolling coal. It is indeed a violation of the Clean Air Act. There is likely a direct correlation between the proliferation of the devices and increased amounts of nitrogen oxides (NOx) and particulate matter (PM). eBay noted that they are already "blocking and removing more than 99.9% of the listings for the products cited by the DOJ, including millions of listings each year. "CBS News also reported that “California parts maker Sinister Mfg. Co. pleaded guilty to criminal charges and agreed to pay $1 million in fines for tampering with the monitoring device of an emissions control system of a diesel truck, the Justice Department said in August. The company sold nearly 40,000 defeat devices, including at least 35,960 kits that disable vehicles' exhaust gas recirculation systems, according to the agency.” Many of the devices sold are sold as diesel tuning kits rather than as “delete kits” which makes them harder to test and determine whether they are in violation. The Guardian reported in 2020 that crackdowns had yet to be effective: “Despite these actions, many companies continue to operate with impunity. The clearest evidence is the sheer number of tuners and straight pipes that appear to be openly sold on e-commerce sites, including eBay, and by users on Facebook’s Marketplace platform.”

     It was the Volkswagen scandal in 2013 and 2014 that led to increased scrutiny and fines for aftermarket defeat devices. Volkswagen paid $20 billion in fines for the fraud but emerged relatively unscathed due to large increases in vehicle sales to China in particular. I wonder how the companies producing the illegal devices are navigating the changes. Another tool for those hoping to stop the proliferation of such devices is suing the companies that make them on behalf of citizens with lung issues such as asthma. More stringent regulations in California have made the practice less common there and have made it more well-known that producers, sellers, and installers of such products are in violation of state and federal law. Europe also has a history of the use of defeat devices and other deceptive practices.

     Now in 2024 Cummins, once part of the $1 billion fine of seven diesel engine manufacturers in 1998, was fined $1.6 billion for essentially the same deception, this time for altering software to defeat pollution controls. Bypassing pollution controls is not legal for a manufacturer or for a consumer, but it has been done steadily for many years by both manufacturers and consumers. As a case, it perhaps shows the ambiguity of environmental statute vs. criminal law. Automotive manufacturers can apparently absorb fines and executives can apparently accept such risks to make a little more money. The persistence of the practice suggests that there is psychology at play. The devices are perhaps in a class like “fuzzbusters” but the fact is, they deliberately misrepresent facts and figures necessary to determine environmental impact. Both the companies and the consumers are wanting to fly under the radar and not be detected for cheating emissions. According to an article in The Cool Down:

 

“According to the Justice Department, Cummins rigged about 1 million Ram pickup trucks to cheat emissions tests so they looked cleaner than they actually are, reported The New York Times. As a result, 630,000 model year 2013-2019 Ram engines and 330,000 model year 2019-2023 Ram engines have secretly been releasing nitrogen oxide, which forms smog.”

 

“Violations of our environmental laws have a tangible impact,” Attorney General Merrick Garland said in a statement. “They inflict real harm on people in communities across the country.”

 

To settle these claims, Cummins has agreed to pay $1.6 billion to the state of California.

 

“The company has seen no evidence that anyone acted in bad faith and does not admit wrongdoing,” Cummins External Communications Director Jon Mills told Forbes.  

 

To recap, Cummins admits to deliberately deceiving the public and the EPA, after paying hefty fines for doing the same thing in 1998 and brushes it off by saying no one acted in bad faith and no one will admit wrongdoing. Is that an acceptable outcome, just absorbing a fine without any other consequences? It’s clear that those Dodge Rams were dodging their responsibility to follow statute, essentially cheating. Does or should cheating have further consequences beyond the fine? Clearly the deterrence of even hefty fines has not worked to make the practice less widespread.

 

References:

EPA Finds Rolling Coal Is Making Pollution Worse in America. Stef Schrader. The Drive. November 28, 2020. EPA Finds Rolling Coal Is Making Pollution Worse in America (thedrive.com)

Company fined nearly $2 billion over illegal modifications on pickup trucks: ‘They inflict real harm on people’. Leslie Sattler. The Cool Down. February 17, 2024. Company fined nearly $2 billion over illegal modifications on pickup trucks: ‘They inflict real harm on people’ (msn.com)

Re: Tampered Diesel Pickup Trucks: A Review ofAggregated Evidence from EPA Civil Enforcement Investigations. U.S. EPA. November 2020. full.pdf (nyt.com)

Ebay faces up to $2 billion in fines over selling "rolling coal" devices. Kate Gibson. Moneywatch. Updated on: October 17, 2023. Ebay faces up to $2 billion in fines over selling "rolling coal" devices - CBS News

Illegal devices that bypass vehicle emissions controls spread across US. Eli Wolfe and Alexandra Tempus. Fair Warning. Ed. Betsy Reed. The Guardian. September 9, 2020. Illegal devices that bypass vehicle emissions controls spread across US | US news | The Guardian

Defeat devices. Wikipedia. Defeat device - Wikipedia