Document X78a6Mx65dv0VRKm0aX58rG7G

Clean Air Act Title II: Tampering Inspection INSPECTION REPORT Version: 3/27/2019 Attached please find the United States Environmental Protection Agency's (EPA's) inspection report of your inspected facility and/or any vehicles/engines identified therein. EPA is providing this report as a matter of agency policy and will contact you again only if needed. Without making a determination that your business or organization is a small business, EPA is also providing you with a link to this Small Business Resources Information Sheet (https://www.epa.gov/compliance/small-business-resourcesinformation-sheet) which provides an array of resources to help small businesses understand and comply with federal and state environmental laws. Inspection Information Inspection Number: R8_CAA_20221205_BERGL_01_R&BAUTO&DIESELREPAIR Inspection Date(s): December 5, 2022 Regulatory Program(s): 40 C.F.R. Parts 85, 86, and 1068 EPA Region/Program EPA Region 8, Enforcement and Compliance Assurance Division, Air and Conducting Inspection: Toxics Enforcement Branch Company Name: R&B Automotive and Diesel Repair Facility Name: R&B Automotive and Diesel Repair Facility Physical Location: (street address, building/unit #) (city, state, zip code) 223 US-85 Ault, CO 80610 Inspection Report Revision History Revision # Revision Date Reason for Revision Katelyn Bergl Field Inspector Name Scott Patefield Name of Approving Official Inspector and Approval Branch Manager Title Signature 2/10/2023 Date SCOTT PATEFIELD Date: 2023.02.10 08:57:35 -07'00' Digitally signed by SCOTT PATEFIELD Signature Date U.S. EPA On-Highway Tampering Inspection Guide | October 2016 Page 1 of 8 Clean Air Act Title II: Tampering Inspection Version: 3/27/2019 FACILITY INSPECTION WORKSHEET (Supplemental notes or narrative format may be used as preferred). General Inspection Information Facility Name: R&B Auto & Diesel Repair Inspection Date 12/5/2022 Facility Address: 223 US-85, Ault, CO 80610 Arrival/Departure Time Inspection Number/ID: 8:15 AM 10:45 AM R8_CAA_2022125_BERGL_01_ R&BAUTO&DIESELREPAIR Representative & Title: Primary Facility Richard Rhoades, Owner Facility Contact Phone/Email: Richard Rhoades rbdieselrepair@gmail.com (970) 539-9684 Inspector(s): Katelyn Bergl (EPA) Colin LeCortz (EPA) Brad Shakeshaft (CDPHE) Raymond Elick (CDPHE) Time Inspector Presented Credentials: Permission to Enter Facility Granted? If Yes, by whom? If No, explain. 8:15 AM Yes No Yes, Richard Rhoades Compliance Assistance Reference Materials Provided to Facility SBREFA Form Memo 1A Exhaust Repair Guidelines Tampering Brochure Engine Switch Fact Sheet Other: Anti-Tampering Fact Sheet & Regulation Photographer Name: Colin LeCortz Photograph Range: PC050001-PC050063 On December 5, 2022, representatives from the U.S. EPA Region 8 (EPA) and the Colorado Department of Health and Environment (CDPHE) conducted a Clean Air Act Title 2 Motor Vehicle Emissions inspection at R&B Automotive and Diesel Repair. R&B Automotive and Diesel Repair (the facility) is a service shop located in Ault, Weld County, Colorado that primarily services diesel vehicles. Facility hours are 8 AM - 5 PM Monday through Friday, and there are currently two employees working at the facility. Notes (e.g. compliance actions taken by facility, purchased samples, other relevant background, etc.): Inspectors interviewed Mr. Richard Rhoades, owner of the facility, about facility activities. Mr. Rhoades stated that the facility services 2-3 vehicles per week. He estimated that 80% of facility work is on diesel transmissions, although they also provide general automotive repair services. The facility does not purchase spare parts to stock in the shop and does not sell individual parts to customers. Mr. Rhoades does purchase parts trucks to use in servicing other vehicles. According to Mr. Rhoades, the facility does not offer vehicle tampering or tuning services except for one government client which has obtained an exemption under 40 CFR 1068.225(a)(4) to remove emissions equipment (see Appendix A, Photo Log, PC050060). The facility has procured parts from Meyer Distributing, Premier Performance, and other suppliers for services on vehicles with emissions exemptions. The facility also provides code for use on 2012 H&S tuners to tune emissions exempt vehicles. Historically, the facility also provided emissions equipment tuning and tampering services to general customers, but Mr. Rhoades stated the facility stopped providing tampering services 5 or 6 years ago to comply U.S. EPA On-Highway Tampering Inspection Guide | October 2016 Page 2 of 8 Clean Air Act Title II: Tampering Inspection Version: 3/27/2019 with federal vehicle tampering regulations. For other customers, the facility procures parts from Carquest Auto Parts, AutoZone, Napa Auto Parts, and other local suppliers. From 8:30 AM until 10:30 AM inspectors conducted a walkthrough inspection of the service shop and vehicles being serviced. During the facility walkthrough, inspectors inspected 19 total vehicles on-site and noted that 17 of the inspected vehicles were tampered or suspected to have been tampered, including Mr. Rhoades' personal vehicle (see Pg. 5, Vehicles Inspected/Observed, and Appendix A, Photo Log). The EPA has requested records, including work orders, invoices, and mechanic notes, for the vehicles inspected at the facility. During the facility walkthrough, inspectors noted two EGR coolers and one diesel exhaust particulate filter assembly for which the origin was unclear and which did not belong to any of the vehicles being serviced on-site at the time of the inspection (see Appendix A, Photo Log, PC050001-05). The EGR coolers were stated to have been purchased through online and local marketplaces with the intent of selling them as scrap metal. Mr. Rhoades stated that the EGR coolers were not removed by the facility from any of the vehicles they serviced nor were they intended to be used as replacement parts for customer vehicles in the future. The diesel exhaust particulate filter assembly was reportedly purchased from Ramsey Auto Group and was installed on a 2014 white RAM pickup on-site at the time of the inspection, but was subsequently removed because it was not compatible with the vehicle (see Appendix A, Photo Log, PC050017-18 and 29). EPA has requested a statement clarifying the origin and intent of these parts. The inspection concluded at 10:45 AM. A complete list of records and information requested by EPA is included in the Documents Requested section of this report. At the time of issuance of this inspection report, EPA has not received the requested information. Areas of Concern: Of the 19 vehicles inspected at the facility, 90% of them were tampered or suspected to have been tampered (see Appendix A). EPA considers work performed on tampered vehicles which requires the removal and reinstallation of tampered or deleted emissions components to be an act of tampering. Mr. Rhoades stated that 80% of their work is transmission servicing which often requires removal of exhaust components including downstream emission components. Considering the high percentage of tampered vehicles being serviced by the facility, the facility should take extra care to ensure it is not performing any services on tampered emissions components. Such services are considered acts of vehicle tampering by the EPA. As a best practice, EPA recommends denying services to vehicles which require removing or repairing tampered emissions components, unless the facility restores the vehicle to full compliance as part of the service. EPA inspectors found emissions components with unclear origin at the facility, including two EGR coolers and an exhaust particulate filter assembly. EPA inspectors would suggest that the facility properly document the acquisition of any spare emissions components that are stored at the facility so as not to be mistaken as having been removed by the facility from customer vehicles. U.S. EPA On-Highway Tampering Inspection Guide | October 2016 Page 3 of 8 Clean Air Act Title II: Tampering Inspection Version: 3/27/2019 Facility Business Activities Types of Services (check all that apply) Description/Observations (types and brands of parts that are manufactured or sold, types of shop services provided, etc.) Estimated Throughput (e.g., sales per month, installs per week) Manufactures aftermarket parts (hardware or software) Sells aftermarket part sales (including drop shipments) Approximately 2-3 vehicles repaired per EPA Inspectors, CDPHE and the facility owner week. Revenue was walked the facility grounds and noted which $1.4 million in 2018 Service shop vehicles were tampered. The EPA has requested and was $300,000 in information on tampered vehicles observed during 2021. Revenue was the EPA inspection to verify no tampering was reportedly heavily performed at the facility. impacted by COVID-19. Fleet Other: Personnel Interviewed Name Richard Rhoades Title/Position Owner Contact Info. (e.g., email, phone number) austin@adrenalinedieselco.com (970) 518-5674 Interviewed by (Last name of Inspector) Bergl, LeCortz U.S. EPA On-Highway Tampering Inspection Guide | October 2016 Page 4 of 8 Clean Air Act Title II: Tampering Inspection Documents Requested Version: 3/27/2019 Document(s) Vehicle Work Orders - Onsite vehicles. 6 months of work orders and parts procured for all customers. Status Document(s) Document(s) Denied Provided Other (see notes) Will Provide After Inspection Document(s) Document(s) Denied Provided Other (see notes) Will Provide After Inspection Records of services provided to the Colorado Air National Guard, including parts and services provided since 2019. Supplier List from 2020 present Document(s) Provided Will Provide After Inspection Document(s) Denied Other (see notes) Document(s) Provided Will Provide After Inspection Document(s) Denied Other (see notes) Records of all parts purchased from Meyer or Premier Performance since 2020. Statement regarding the nature of the Colorado Air National Guard waiver. Document(s) Provided Will Provide After Inspection Document(s) Provided Will Provide After Inspection Document(s) Denied Other (see notes) Document(s) Denied Other (see notes) Statement clarifying the origin and intent for use of the exhaust particulate filter assembly observed during the EPA Inspection. Any evidence corroborating statement that EGR Coolers were purchased through an online marketplace. Document(s) Provided Will Provide After Inspection Document(s) Provided Will Provide After Inspection Document(s) Denied Other (see notes) Document(s) Denied Other (see notes) Notes/Comments Document reviewed during inspection. EPA is waiting for further documentation. EPA has requested records but has not received them as of the date of issuance of this inspection report. EPA has requested records but has not received them as of the date of issuance of this inspection report. EPA has requested records but has not received them as of the date of issuance of this inspection report. EPA has requested records but has not received them as of the date of issuance of this inspection report. EPA has requested records but has not received them as of the date of issuance of this inspection report. EPA has requested records but has not received them as of the date of issuance of this inspection report. EPA has requested records but has not received them as of the date of issuance of this inspection report. U.S. EPA On-Highway Tampering Inspection Guide | October 2016 Page 5 of 8 Clean Air Act Title II: Tampering Inspection Version: 3/27/2019 Vehicles Inspected/Observed Note: EPA has requested records for all work performed on the vehicles observed during the inspection, but has not received those records at the time of issuance of this inspection report. VIN (last 4 digits) or Vehicle Make and EPA Appearance OBD Data Model, License Plate Engine of Tampering Obtained? Observations (e.g., Who Performed Apparent (Last 3 digits) Family (Yes/No/TBD) (Yes/No) Tampering?) 2006 RAM (Y45), - Yes No Owner vehicle, Downstream Emission CO components removed. 2008 RAM (198), - Yes No Downstream emission components, EGR CO cooler, PCV removed. MIL not on, indicating tuned vehicle. (M51), CO - Yes No Downstream emission components removed. GMC Sierra SLT - Yes No (T55), CO Downstream emission components removed. RAM (514), CO - Yes No Downstream emission components removed. - Yes No Downstream emission components removed, but facility reported that the DPF was being 2014 RAM 3500 restored after being removed outside of the (449), CO facility. RAM 2500 (611), - Yes No Downstream emission components removed. OK RAM (I21), Blue, CO - Yes No Suspected hollow DOC. 2008 RAM 3500 - Yes No Downstream emission components removed. (5998), CO EGR Cooler removed. RAM 2500 (88R), - Yes No Downstream emission components removed. NE RAM 2500 (816), - Yes No Downstream emission components removed. WY 2014 RAM (007), - Yes No Downstream emission components removed. CO EGR cooler disconnected. 2003 GMC 2500 - Yes No Downstream emission components removed. (073), WY Ford F350 (UDZ), - No No N/A CO Chevrolet 4X4 (S13), - Yes No Downstream emission components removed. CO - Yes No Downstream emission components removed. 2014 RAM 2500 EGR cooler removed and EGR block-off (UQS), CO plates installed. - Yes No Downstream emission components removed. 2009 RAM 3500 EGR cooler removed and EGR block-off (X50), CO plates installed. Potential ECM tune. 2004 Ford, Lot ID - No No NA 1697, CO 2014 RAM 3500 - Yes No Downstream emission components removed. (944), WY U.S. EPA On-Highway Tampering Inspection Guide | October 2016 Page 6 of 8 Clean Air Act Title II: Tampering Inspection APPENDIX A: Photo Log Version: 3/27/2019 File Name (jpg) PC050001 PC050002 PC050003 PC050004 PC050005 PC050006 PC050007 PC050008 PC050009 PC050010 PC050011 PC050012 PC050013 PC050014 PC050015 PC050016 PC050017 PC050018 PC050019 PC050020 PC050021 PC050022 PC050023 PC050024 PC050025 PC050026 PC050027 PC050028 PC050029 PC050030 PC050031 PC050032 PC050033 Description Exhaust Particulate Filter Assembly, Shop Floor - stated to have been procured from dealership but did not fit intended vehicle Exhaust Particulate Filter Assembly, Shop Floor, Serial Number Spare Parts, Service Shop Spare Parts, Service Shop, 2 EGR Coolers on shelf in bottom right corner Spare Parts, Service Shop, 2 EGR Coolers - stated to have been purchased from online or local marketplaces 2006 RAM (Y45), CO - Downstream emission components deleted 2006 RAM (Y45), CO - Rear RAM (I21), Blue, CO - DOC RAM (I21), Blue, CO - Rear (M51), CO - Rear (M51), CO - Vehicle Undercarriage (M51), CO - Vehicle Undercarriage GMC Sierra SLT (T55), CO - Rear GMC Sierra SLT (T55), CO - Downstream emission components deleted RAM (514), CO - Rear RAM (514), CO - Downstream emission components deleted 2014 RAM 3500 (449), CO - Rear 2014 RAM 3500 (449), CO - Downstream emission components deleted 2008 RAM 3500 (5998), CO - Rear 2008 RAM 3500 (5998), CO - Downstream emission components deleted 2008 RAM 3500 (5998), CO - EGR Valve Disconnected 2008 RAM 3500 (5998), CO - VECI Label RAM 2500 (88R), NE - Front RAM 2500 (88R), NE - Vehicle Undercarriage RAM 2500 (816), WY - Rear RAM 2500 (816), WY - Vehicle Undercarriage RAM 2500 (611), OK - Rear RAM 2500 (611), OK - Vehicle Undercarriage RAM 3500 (449), CO - Front; Dealership which Mr. Rhoades stated supplied the exhaust component in PC050001 2008 RAM (198), CO - Front 2008 RAM (198), CO - VECI Label 2008 RAM (198), CO - Engine Bay 2008 RAM (198), CO - Vehicle Undercarriage Photographer C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz U.S. EPA On-Highway Tampering Inspection Guide | October 2016 Page 7 of 8 Clean Air Act Title II: Tampering Inspection Version: 3/27/2019 PC050034 PC050035 PC050036 PC050037 PC050038 PC050039 PC050040 PC050041 PC050042 PC050043 PC050044 PC050045 PC050046 PC050047 PC050048 PC050049 PC050050 PC050051 PC050052 PC050053 PC050054 PC050055 PC050056 PC050057 PC050058 PC050059 PC050060 PC050061 PC050062 PC050063 2008 RAM (198), CO - Vehicle Dashboard; No MIL indicated while vehicle is running 2014 RAM (007), CO - Rear 2014 RAM (007), CO - Vehicle Undercarriage 2014 RAM (007), CO - Engine Bay; EGR Cooler Disconnected 2014 RAM (007), CO - VECI Label 2003 GMC 2500 (073), WY - Front 2003 GMC 2500 (073), WY - Vehicle Undercarriage Ford F350 (UDZ), CO - Rear Ford F350 (UDZ), CO - Vehicle Undercarriage Chevrolet 4X4 (S13), CO - Rear Chevrolet 4X4 (S13), CO - Vehicle Undercarriage 2014 RAM 2500 (UQS), CO - Rear 2014 RAM 2500 (UQS), CO - Vehicle Undercarriage 2009 RAM 3500 (X50), CO - Front 2009 RAM 3500 (X50), CO - Vehicle Undercarriage 2004 Ford, Lot ID 1697, CO - Front 2004 Ford, Lot ID 1697, CO - Vehicle Undercarriage 2014 RAM 2500 (UQS), CO - Engine Bay 2014 RAM 2500 (UQS), CO - EGR Block-off Plate 2014 RAM 2500 (UQS), CO - VECI Label 2014 RAM 3500 (944), WY - Front 2014 RAM 3500 (944), WY - Front 2014 RAM 3500 (944), WY - Vehicle Undercarriage 2009 RAM 3500 (X50), CO - VECI Label 2009 RAM 3500 (X50), CO - Engine Bay 2009 RAM 3500 (X50), CO - Electronic Cable extending into cab from Engine Bay Memorandum for EPA Emission Exemption: Colorado National Air Guard Invoice list to National Guard since 2019 Invoice I001228 to National Guard including "Single Tune" Shop door with stickers of other businesses C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz C. LeCortz U.S. EPA On-Highway Tampering Inspection Guide | October 2016 Page 8 of 8