Document w7e8BOQ4zY9or1w26vL10ggE

EPA OECA Air Enforcement Division INSPECTION REPORT Inspection Date(s): Media: Regulatory Program(s) Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Contact: FRS Number: Identification/Permit Number: Media Number: NAICS: SIC: Facility Representatives: EPA Inspectors: State Inspector(s): Other Inspector(s): Title: Author: Subject: Keywords: 03 /09/2023 Air Title II Mobile Sources Port of Houston Port of Houston Warehouse - World Trade Distribution Container Freight Station 2222 N Wayside Dr Houston, TX 77020 7141 Office City Drive Houston, TX 77087 Harris County Maria Scott Supervisory CBP Officer SCOTT, MARCIA <MARCIA.SCOTT@cbp.dhs.gov> N/A N/A N/A N/A Maria Scott Deanna Kelsey-Diaz Omar Marquez Arturo Gonzalez Mario Jorquera Victor Aguilar {name} {name} {name} {name} {name} Supervisory CBP Officer CBP Officer - Trade Enforcement Team CBP Officer - Trade Enforcement Team CBP Officer - Trade Enforcement Team OECA/OCE/AED/VEEB OECA/OCE/AED/VEEB {affiliation/mailcode} {affiliation/mailcode} {affiliation/mailcode} {affiliation/mailcode} {affiliation/mailcode} 713-705-8981 713-672-6866 713-672-6866 713-672-6866 202-564-1079 202-564-9679 {phone no.} {phone no.} {phone no.} {phone no.} {phone no.} Houston Port Inspection; Houston, TX Victor Aguilar Inspection of Imported Vehicles and Engines at CBP Port Inspection Report of Vehicle and Engine Goods Imported at CBP Port Metadata EPA Lead Inspector Signature/Date Supervisor Signature/Date VICTOR AGUILAR {Inspector name} MARK PALERMO {Supervisor name} Digitally signed by VICTOR AGUILAR Date: 2023.06.12 09:32:40 -04'00' Digitally signed by MARK PALERMO Date: 2023.07.03 08:42:19 -04'00' Date Date Port of Houston Texas / Port of Houston - Unloading Yard for Non-containerized Items Inspection Date: 03/09/2023 2 Port of Houston Texas / Port of Houston - Unloading Yard for Non-containerized Items Inspection Date: 03/09/2023 Section I - INTRODUCTION PURPOSE OF THE INSPECTION EPA HQ Air Enforcement Division, Vehicle and Engine Branch inspectors Mario Jorquera and Victor Aguilar arrived at the World Trade Distribution Container Freight Station (where shipped goods are unloaded at the Port of Houston) at 9:00 am on March 9, 2023, for an announced inspection. We met with Supervising Officer Maria Scott and Officer Kelsey-Diaz and presented our credentials to them. We informed Supervising Officer Maria Scott and her team that this was an EPA inspection to review whether of some of the vehicle and engine shipments being imported through the Port of Houston, were being imported under US EPA laws and regulations. The scope of the inspection was an evaluation of the compliance status under Title II of the Clean Air Act of several pieces of equipment and engines that were being imported into the Port of Houston. FACILITY DESCRIPTION The facility where we met CBP Officer Scott and Officer Kelsey-Diaz was the Container Freight Station at the Port of Houston, located in an office building adjacent to a CBP examination site. From there, CBP Officers drove EPA inspectors Mario Jorquera and Victor Aguilar to the CPB unloading yard which is the designated site for temporary storage of non-containerized imported equipment/products. The facility had many CBP employees, but we primarily interacted with 4 employees: Mario Scott (Supervisory Officer), Deanna Kelsey-Diaz, Arturo Gonzalez, and Omar Marquez. The facility operates 5 days a week from 8:00 am to 4:30 pm. 3 Port of Houston Texas / Port of Houston - Unloading Yard for Non-containerized Items Inspection Date: 03/09/2023 Section II - OBSERVATIONS EPA inspectors pre-selected several shipments containing large pieces equipment for EPA inspection and communicated these targets to CBP via email. CBP was unable to determine the exact location of these shipments but drove EPA inspectors to the unloading yard for the Port of Houston, where most shipments that are too big to fit in a shipping container are placed, after being unloaded from the ship. Once CBP and EPA arrived at the unloading yard, EPA inspectors identified several tractors that appeared to be newer pieces of equipment and decided to conduct an inspection on each of them. Afterwards, we continued to walk through the yard and identified several additional pieces of equipment for EPA inspection. Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL Type of equipment Brand Equipment Manufacturer Model VIN Equipment Build Date ECI Label Company on ECI EFN Emission Controls listed Engine Build Date Fuel EPA Regs Certified to Emission Controls Observed Used or New? 1 3/9/23 372-391 (Cannon) Mario Jorquera and Victor Aguilar 413-92675687/ 17455955607 / VWTGEB4921313108 Bell Shovel Loader John Deere John Deere/Bell Equipment L1806E (Equipment)/ 6068H (Engine) 1DW1806EKDD653708 (Equipment)/ PE6068L237125 (Engine) Not Found Diesel 1039.625 Unable to confirm ATS system in exhaust because it was covered my a mesh Used Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL Type of equipment Brand 2 3/9/23 392-398 (Cannon) Mario Jorquera and Victor Aguilar VWTGEB4921313208 Tractor CNH America CASE III Agriculture 4 Port of Houston Texas / Port of Houston - Unloading Yard for Non-containerized Items Inspection Date: 03/09/2023 Equipment Manufacturer Model VIN Equipment Build Date ECI Label Company on ECI EFN Emission Controls listed Engine Build Date Fuel EPA Regs Certified to Emission Controls Observed Used or New? CNH America CASE III Agriculture 535 HD ZAF122766 2010 Not found (unable to open engine compartment) Diesel 1039.625 - Used Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL Type of equipment Brand Equipment Manufacturer Model VIN Equipment Build Date ECI Label Company on ECI EFN Emission Controls listed Engine Build Date Fuel EPA Regs Certified to Emission Controls Observed Used or New? 3 3/9/23 399-409 (Cannon) Mario Jorquera and Victor Aguilar NA (Import for Export) Truck Siloking Siloking Selfline System 500+ 817216 2022 Not Found (unable to open engine compartment) Diesel 1039.625 - New (being exported to Canada) Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL 4 3/9/23 410-432 (Cannon) Mario Jorquera and Victor Aguilar 231-87268889/ 17455955632 / VWTGEB4921313109 5 Port of Houston Texas / Port of Houston - Unloading Yard for Non-containerized Items Inspection Date: 03/09/2023 Type of equipment Brand Equipment Manufacturer Model VIN Equipment Build Date ECI Label Company on ECI EFN Emission Controls listed Engine Build Date Fuel EPA Regs Certified to Emission Controls Observed Used or New? Forage Harvester Krone Krone/ Liebherr (Engine Manufacturer) Big X 780/ BX404-20/ D9508 (Engine) WMKBX404001118181/10145812|2022140380| 05092022 Not Found (unable to open engine compartment) Diesel 1039.625 After-treatment system (DOC, DPF, SCR?) New Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL Type of equipment Brand Equipment Manufacturer Model VIN Equipment Build Date ECI Label Company on ECI EFN Emission Controls listed Engine Build Date Fuel EPA Regs Certified to Emission Controls Observed Used or New? 5 3/9/23 433- 447 (Cannon) Mario Jorquera and Victor Aguilar 413-92675687/17455955607/VWTGEB4921313108 Tractor John Deere John Deere 7730/ 6068HRW64A.B (Engine) 1RW7730AABA036882 Found Deere & Company AJDXL06.8115 10/2010 Diesel Stationary Diesel - Used 6 Port of Houston Texas / Port of Houston - Unloading Yard for Non-containerized Items Inspection Date: 03/09/2023 Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL Type of equipment Brand Equipment Manufacturer Model VIN Equipment Build Date ECI Label Company on ECI EFN Emission Controls listed Engine Build Date Fuel EPA Regs Certified to Emission Controls Observed Used or New? 6 3/9/23 462-484 (Cannon) Mario Jorquera and Victor Aguilar JZ026SGH0033 Roller Caterpillar Caterpillar CS11 GC CAT0CS11VRFL00484 Found (using App) Caterpillar NPKXL03.6FX1 PTOX/DPF, SCR, 08/16/2022 Diesel 1039.625 DEF tank, SCR, DOC, DPF, EGR New Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL Type of equipment Brand Equipment Manufacturer Model VIN Equipment Build Date ECI Label Company on ECI EFN Emission Controls listed Engine Build Date Fuel EPA Regs Certified to Emission Controls 7 3/9/23 503-523 (Cannon) Mario Jorquera and Victor Aguilar NA (for export) Cable Laying Machine Caterpillar Finnig/ NOV Hydra Rig/ EMI CA025565/ HR3017 Reel Assembly/ 3406C (Engine) 1A9LX6542LA245229/ 5H900480 (Engine) 10/2019 None NA NA NA 02/13/2019 Diesel Non-certified None 7 Port of Houston Texas / Port of Houston - Unloading Yard for Non-containerized Items Inspection Date: 03/09/2023 Observed Used or New? Used (Being exported outside USA) Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL Type of equipment Brand Equipment Manufacturer Model VIN Equipment Build Date ECI Label Company on ECI EFN Emission Controls listed Engine Build Date Fuel EPA Regs Certified to Emission Controls Observed Used or New? 8 3/9/23 524-543 (Cannon) Mario Jorquera and Victor Aguilar NA (for export) Fracking Machine Dragon Dragon 860-4483-1/ 3512c (Engine) DP25QVS4.50-1166 10/11/2022 Found Caterpillar Replacement Engine, no EFN, Tier 2 None 03/2019 Diesel None Equipment (new), Engine (used) Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL Type of equipment Brand Equipment Manufacturer Model VIN Equipment Build Date ECI Label Company on ECI EFN Emission Controls listed Engine Build Date 9 3/9/23 544-559 (Cannon) Mario Jorquera and Victor Aguilar NA (for export) Fracking Machine Dragon Dragon 860-4483-1 DP25QVS4.50-1124 9/12/22 Found Caterpillar Not Legible - - 8 Port of Houston Texas / Port of Houston - Unloading Yard for Non-containerized Items Inspection Date: 03/09/2023 Fuel EPA Regs Certified to Emission Controls Observed Used or New? Diesel None Equipment (new), Engine (used) Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL Type of equipment Brand Equipment Manufacturer Model VIN Equipment Build Date ECI Label Company on ECI EFN Emission Controls listed Engine Build Date Fuel EPA Regs Certified to Emission Controls Observed Used or New? 10 3/9/23 560-574 (Cannon) Mario Jorquera and Victor Aguilar 8MH-00394151/ 17255866912/ NSAU-JZ026ENHO023 Excavator Caterpillar Caterpillar 320D3/ H-Series (Engine) CAT0320DVFKC00533/ NLHM103642 (Engine) 2022 Not found Caterpillar None Found (CAT App couldn't locate info) None Found (CAT App couldn't locate info) None Found (CAT App couldn't locate info) Diesel 1039.625 None (CAT App couldn't locate info) Equipment (New), Engine (used) Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL Type of equipment Brand Equipment Manufacturer Model VIN Equipment Build Date ECI Label Company on ECI EFN 11 3/9/23 575-586 (Cannon) Mario Jorquera and Victor Aguilar 8MH-00394151/ 17255866912/ NSAU-JZ026ENHO023 Excavator Caterpillar Caterpillar 320D3/ H-Series (Engine) CAT0320DPFRC00526/ LHM103658 (Engine) 2022 Not found Caterpillar None Found (CAT App couldn't locate info) 9 Port of Houston Texas / Port of Houston - Unloading Yard for Non-containerized Items Inspection Date: 03/09/2023 Emission Controls listed Engine Build Date Fuel EPA Regs Certified to Emission Controls Observed Used or New? None Found (CAT App couldn't locate info) None Found (CAT App couldn't locate info) Diesel 1039.625 None (CAT App couldn't locate info) Equipment (New), Engine (used) Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL Type of equipment Brand Equipment Manufacturer Model VIN Equipment Build Date ECI Label Company on ECI EFN Emission Controls listed Engine Build Date Fuel EPA Regs Certified to Emission Controls Observed Used or New? 12 3/9/23 448-461 (Cannon) Mario Jorquera and Victor Aguilar Tractor New Holland New Holland T8 410 CNHBE04115 (Equipment)/ 16H00130006 (Engine) Not found FPT Industrial S.p.A. GFPXL08.7T4V DOC, SCR, TC, CAC, DDI 04/2016 Diesel 1039.625 / 2016 ATS System Used Inspection # Date Inspection Photos Inspectors Entry Number/SID/BOL Type of equipment Brand Equipment Manufacturer Model VIN Equipment Build Date ECI Label 13 3/9/23 489- (Cannon) Mario Jorquera and Victor Aguilar Roller Dynapac Fayat Group Dynapac Compaction Equipment AB CA20D (Equipment)/ F3.8 (Engine) 77270668 (Engine) Found 10 Port of Houston Texas / Port of Houston - Unloading Yard for Non-containerized Items Inspection Date: 03/09/2023 Company on ECI EFN Emission Controls listed Engine Build Date Fuel EPA Regs Certified to Emission Controls Observed Used or New? Cummins Inc. NCEXL03.8AAF TC, CAC, ECM, DDI 10/2022 Diesel 1039.625 /2022 ATS System New Section III - AREAS OF CONCERN EPA inspectors found areas of concern with the two Caterpillar excavators that were a part of entry 8MH-00394151 (Inspection #10 & #11). The primary concern was that inspectors were unable to locate an Emission Control Information label anywhere on the engine. Sometimes engine labels can be difficult to locate on larger pieces of equipment, so inspector Victor Aguilar attempted to determine the compliance status of the piece of equipment by inserting the equipment's VIN into Caterpillar's app "Emissions", which can provide the emission compliance information of the engine that was installed in the excavator. The app was unable to locate any emission compliance information on the piece of equipment or the engine that was originally installed in it. EPA inspectors also noticed that the engine did not appear to have an aftertreatment system installed, even though the equipment was manufactured in 2022 and is still new - meaning the engine would have needed to be a Tier 4 Final engine, with stricter emission performance requirements. After the inspection, EPA inspector Victor Aguilar sent the VINs of the two CAT excavators to the Caterpillar manufacturer, who confirmed that the engine and equipment were not manufactured for the US market. Section IV - FOLLOW UP EPA Inspectors issued a Letter of Recommendation to CBP for the Denial of Entry of the two Caterpillar Excavators in Entry 8MH-00394151 (Inspection #10 & #11). CBP agreed with the recommendation and denied entry to the shipment but allowed the excavators to be exported to Mexico (with concurrence from EPA). Subsequently, EPA has also issued an ESA to the importer for importing two uncertified pieces of equipment. Section V - LIST OF APPENDICES Appendix 1 - Photo Log - 216 photos taken 3/09/23 (IMG_1109.JPG - IMG_1324.JPG) Appendix 2 - Inspection Worksheets - 11 worksheets filled out on 3/09/23 11