Policy on Tampered Emissions Control Devices Emission Compliance 10-Minute Training Module 2015

INTRODUCTION  Welcome to the Tampered Emissions Control Devices module.  This course intends to emphasize Cummins longstanding opposition to any form of tampering on the emissions control devices of our products.  Additionally, it describes the actions Cummins Distributors must take if they discover evidence of tampering of emissions control devices.  Upon completion of this course, you will be familiar with CMI’s Policy on Tampered Emissions Control Devices. Cummins Confidential2 Prior to this course, it is recommended that you be familiar with CIRCUIT, Global Customer Engineering, the EBU Learning Management System, Distributor Portal and Emissions.cummins.com. These will be valuable tools in the compliance process. 2015

CMI’s Policy on Tampered Emissions Control Devices  Cummins has and will continue to follow all Environmental Protection Agency (EPA) and Air Resource Board (ARB) regulations on tampering.  Cummins dedicates significant resources to comply with emissions regulations including making our products tamper resistant.  Cummins does not condone tampering of our products in any capacity at any time during the product’s life.  Tampering with emissions control devices violates the Cummins Code of Business Conduct and is inconsistent with our warranty policies.  It is illegal under the Clean Air Act and the California Vehicle Code for Cummins distributors to service a tampered emissions control device without returning it to its certified configuration.  If a Cummins Distributor discovers through the normal course of maintenance or repair that an emissions control device has been defeated, the customer must be notified and advised to correct the condition. Cummins Confidential3 2015

What is an Emissions Control Device? Emissions Control Devices Cummins Confidential4 Components or parts that have been installed for the purpose of controlling emissions, including (but not limited to): - Exhaust Gas Recirculation (EGR) components, - Diesel Particulate Filter (DPF), - Selective Catalytic Reduction (SCR) components, - Electronic Control Module (ECM), calibration, and - Diesel Oxidation Catalysts (DOC). 2015

What is a Defeated or Tampered Device? A defeated or tampered device includes (but is not limited to): EGR valve sensor disconnected, DPF removed, SCR wiring or plumbing removed, or Other conditions that prevent the emissions control device from operating in its certified configuration. Cummins Confidential5 Another example of a defeated or tampered device includes non-approved performance kits and calibration changes. 2015

Where to Find the Policy on Tampered Emission Control Devices Cummins Confidential6 Cummins QSI Database – CORP The Cummins Policy on Tampered Emissions Control Devices, along with a Q&A document, is located in the Cummins QSI Database and can also be accessed through the Distribution Portal ‘Service’ tab and the PC&C website. 2015

How to comply with Tampered Emission Control Device Policy How should the customer be notified when tampering is found through normal course of service? Cummins Confidential7 When tampering is found through the normal course of service, Cummins suggests communication with the customer in any form deemed appropriate by the distributor such as an , work order, or verbal exchange. This should be general in nature so as not to implicate or accuse the owner of causing the tampering. A suggested exchange might start with, “It appears that your emissions control device is not operating in its certified configuration because …” Listen to the customer’s response and make decisions that align with the Cummins Code of Business Conduct.

Can I work on the engine when I find tampering?  When tampering is found while servicing an emissions control device that is not operating in its certified configuration, stop the repair. –Notify the customer to let them know that the system must be brought back to a certified configuration in order to proceed.  When tampering is found while servicing a non-emissions control device, continue repair. –Notify the customer of the tampering Cummins Confidential8

What are implications of not complying to Agency regulation? Cummins Confidential9 Clean Air Act California Vehicle Code Civil penalties may be applied if the policy is not followed. It is illegal under the Clean Air Act and the California Vehicle Code for Cummins distributors to service a tampered emissions control device without returning it to its certified configuration. 2015

What if the engine that has been tampered with is out of warranty? Cummins Confidential10 If service is needed on an engine that has been found outside its certified configuration and outside the warranty window - The Tampered Emission Control Device Policy still applies. This Policy is in effect for all Cummins engines, those under warranty and those out of warranty. 2015

With Whom Does this Policy Apply?  The corporate tampering policy applies to all North American Distributors.  This policy is between Cummins and its Distributors and is applicable in the United States of America and Canada. Cummins Confidential

Who Should I contact for more info? Cummins Confidential12 For additional questions about the Tampered Emission Control Device Policy, contact:  Your Distributor’s Local Compliance Leader (LCL)  Engine Business Unit (EBU) or Distribution Business Unit (DBU) Emissions Compliance Leader LCL EBU DBU 2015

Review of Tampered Emission Control Device Policy  Cummins has and will continue to follow all EPA and ARB regulations on tampering.  Cummins dedicates significant resources to comply with emissions regulations including making our products tamper resistant. Cummins does not condone tampering of our products in any capacity at any time during the product’s life.  Tampering with emissions control devices violates the Cummins Code of Business Conduct and is inconsistent with our warranty policies.  It is illegal under the Clean Air Act and the California Vehicle Code for Cummins distributors to service a tampered emissions control device without returning it to its certified configuration.  If a Cummins Distributor discovers through the normal course of maintenance or repair that an emissions control device has been defeated, the customer must be notified and advised to correct the condition.  Contact your Distributor LCL, DBU Emission Compliance Leader or access the Policy and Q&A Document for more information. Cummins Confidential

Quiz Questions Cummins Confidential14 1.If a Cummins Distributor discovers through the normal course of maintenance or repair that an emissions control device has been defeated, the customer must be notified and advised to correct the condition – whether the item being serviced is defeated or not. True or False 2.If a customer asks for an oil change and a new water pump, but service notices the DPF has been defeated, can the service repair on the non-emission parts continue? Yes or No 3.It is illegal under the Clean Air Act and the California Vehicle Code for Cummins distributors to service a tampered emissions control device without returning it to its certified configuration. True or False When an emission-related part is found out of certified configuration, how do you speak to the customer? a.Accuse the customer of knowing about the b.Be general in nature so as to not accuse the owner. c.Assume the customer bought the vehicle in this condition. 5. A defeated or tampered device includes (but is not limited to): a. EGR valve sensor disconnected, b. DPF removed, c. Other conditions that prevent the emissions control device from operating in its certified configuration d. All of the above

Quiz Answers Cummins Confidential15 1.If a Cummins Distributor discovers through the normal course of maintenance or repair that an emissions control device has been defeated, the customer must be notified and advised to correct the condition – whether the item being serviced is defeated or not. True 2.If a customer asks for an oil change and a new water pump, but service notices the DPF has been defeated, can the service repair on the non-emission parts continue? Yes 3.It is illegal under the Clean Air Act and the California Vehicle Code for Cummins distributors to service a tampered emissions control device without returning it to its certified configuration. True When an emission-related part is found out of certified configuration, how do you speak to the customer? a.Accuse the customer of knowing about the b.Be general in nature so as to not accuse the owner. c.Assume the customer bought the vehicle in this condition. 5. A defeated or tampered device includes (but is not limited to): a. EGR valve sensor disconnected, b. DPF removed, c. Other conditions that prevent the emissions control device from operating in its certified configuration d. All of the above