On February 22, 2021, a Consent Agreement and Final Order ( CAFO ) were entered into by the Region ( EPA or the Agency ) and Thomas Hassler ( Respondent ), d/b/a Hassler Diesel Performance ( HDP ), and filed with the Regional Hearing Clerk in settlement and resolution of Respondent's alleged violations of Title II of the Clean Air Act ( CAA ). Respondent is the owner and sole proprietor of HDP, a business located at 261 Airport Rd., Bethel, Berks County, PA, that operates as a general automotive repair shop and vehicle and engine service facility and is subject to Title II of the Clean Air Act ( CAA ) and its CAA 203(a)(3)(A) and (B) requirements. These requirements prohibit the installation of devices that defeat vehicle emission controls and of components that bypass, defeat or render inoperative any such vehicle emission control devices or elements of design.
The alleged violations were discovered as a result of an inspection and investigation conducted pursuant to EPA?s CAA Section 208(b) enforcement authorities. Respondent initially granted, and then withdrew, his consent for EPA representatives to perform a full and complete compliance evaluation inspection of the HDP facility on October 1, 2019. Respondent thereafter objected and failed to respond to a formal information request issued to him pursuant to EPA?s CAA ? 114(a) and 208 information gathering authorities. As a result, EPA issued Respondent a CAA ? 307(a) Subpoena Duces Tecum, pursuant to which