EPA v. THOMAS HASSLER D/B/A HASSLER DIESEL PERFORMANCE (HASSLER DIESEL PERFORMANCE)

Case summary

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 Respondent finally produced requested documents and information relevant to EPA?s investigation. That investigation ultimately revealed that between January 6, 2017 and February 10, 2020, Respondent: (i) sold 221 performance tuning products, including Aftermarket ECM Programmers, EGR Delete Parts, and Delete Pipes (i.e., ?defeat devices?) in violation of CAA Section 203(a)(3)(B); and, (ii) installed defeat devices in 23 unique EPA-certified motor vehicles and/or motor vehicle engines, in violation of CAA section 203(a)(3)(B). Pursuant to the Consent Agreement and Final Order, Respondent has certified that he has ceased the sale and installation of defeat devices and he has agreed to pay a civil penalty of Thirty Thousand Dollars ($30,000.00) for the alleged violations in quarterly installments over a 2-year period. The penalty and payment provisions are based upon the review and consideration of financial information submitted by the Respondent in support of a claim that he is unable to pay the full penalty proposed by the Agency and upon Respondent's further submission of information concerning the impacts that the COVID-19 pandemic is having on his business revenues and income. This action supports EPA's National Compliance Initiative for Stopping After Market Defeat Devices

Defendants (1)

• THOMAS HASSLERNamed in complaintNamed in settlement

Facilities (1)

• HASSLER DIESEL PERFORMANCE

  261 AIRPORT RD., BETHEL, PA, 19507

  Registry ID: 110070624432

Statutes cited

• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• THOMAS HASSLER D/B/A HASSLER DIESEL PERFORMANCE (HASSLER DIESEL PERFORMANCE)entered 2021-02-22

  Primary law: CAA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2021-02-22Complaint Filed/Proposed Order
• 2021-02-22Final Order Issued
• 2021-02-23Enforcement Action Data Entered
• 2022-12-13Enforcement Action Closed