Document 4vObowV9XnXMJLDp3OeLvjEoV

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE VIA ELECTRONIC MAIL IN THE CLEAN AIR ACT MATTER OF: eBay Inc. ATTENTION: Jamie Iannone, President and CEO Mike Carson, Director, Global Policy and Regulatory Management eBay Inc. 2065 Hamilton Avenue San Jose, California 95125-5904 Request for Information Under Sections 114(a)(1) and 208(a) of the Clean Air Act, 42 U.S.C. 7414(a)(1), 7542(a) The United States Environmental Protection Agency ("EPA") hereby requires eBay Inc. ("eBay" or "Company" or "You" or "Your"),1 to submit certain information as part of an EPA investigation to determine your compliance with Sections 203(a) and 213(d) of the Clean Air Act ("CAA" or "Act"), 42 U.S.C. 7522(a) and 7547(d), and the applicable regulations promulgated under Title II of the CAA. Appendix A provides definitions. Appendix B provides instructions for your responses to this Request for Information. Appendix C specifies the information that you must submit. Appendix D provides a list referenced in Appendix C. Appendix E provides information about asserting a claim of confidentiality over information you submit in response to this Request for Information. Appendix F contains language certifying the truth and completeness of your response. The EPA issues this Request for Information ("RFI") under Sections 114(a)(1) and 208(a) of the Clean Air Act ("CAA"), 42 U.S.C. 7414(a)(1) and 7542(a). Under Section 208(a), the Administrator of the EPA may require any person who is subject to the CAA to provide information necessary to determine whether the person has acted in compliance with the CAA's requirements pertaining to vehicles and engines, and the regulations promulgated thereunder. Section 114(a)(1) authorizes the Administrator to require any person subject to the CAA's requirements or who the Administrator believes may have information necessary for the purposes of carrying out the CAA, other than manufacturers regulated under Title II of the CAA with respect to a provision of Title II, to provide information reasonably required to carry out the CAA's provisions. The Administrator 1 See first definition in Appendix A. 1 has delegated this authority to the undersigned Chief of the Vehicle and Engine Enforcement Branch in the Air Enforcement Division, Office of Enforcement and Compliance Assurance. You must submit this information to the EPA representatives listed below within sixty (60) calendar days from the date of this Request for Information. Please carefully review the instructions, definitions, and specific requests as you prepare your response. If you anticipate being unable to fully respond to this Request for Information by this date, you must contact the EPA representatives listed below via email, within ten (10) days of receipt of this Request for Information and, with an appropriate justification, request an extension of time to answer some or all of the requests below. If timely submitted, the EPA will review your request and may extend the time in which your response must be provided. Failure to provide the requested information may result in a civil action pursuant to Sections 113(b)(2) and 205(b) of the CAA, 42 U.S.C. 7413(b)(2) and 7524(b). Failure to provide all requested information in its entirety, and in the format requested, may result in additional inquiries and penalties. These inquiries may include additional written requests, inspections, or depositions as authorized by Sections 208, 114, and 307 of the CAA, 42 U.S.C. 7542(a)-(b), 7414, 7607(a). It is important that your responses be clear, accurate, organized, and complete. The EPA will regard any submitted information that is misleading, false, incomplete, or submitted without regard to its accuracy as a violation of the CAA and/or criminal statutes. You must submit all requested information under an authorized signature with a properly executed Statement of Certification, as provided in Appendix F. The EPA may use any information submitted in response to this Request for Information in an administrative, civil, or criminal action. You are entitled to assert a business confidentiality claim covering all or part of the information you submit in response to this Request for Information, in accordance with the procedures described in the Confidentiality of Business Information ("CBI") regulations, 40 C.F.R. Part 2, Subpart B. However, no CBI claim may be made with respect to emissions data as defined at 40 C.F.R. 2.301(a)(2). You must specify the page, paragraph, and sentence when identifying the information subject to your CBI claim. Appendix E of this Request for Information specifies the assertion requirements for business confidentiality claims. The EPA may, without further notice, provide the public with any information not subject to a CBI claim. Please submit the requested information electronically. You may do so via email to Mr. Elfego Felix, Air Enforcement Division, U.S. Environmental Protection Agency, at felix.elfego@epa.gov. Please note that the EPA email server will allow attachments up to 20 MB. Alternatively, you may want to provide documents in response to this Request for Information by way of a secure file sharing site. Please let us know how you want to proceed. 2 Questions concerning this Request for Information should be directed to Elfego Felix, Engineer, of my staff at (202) 564-1403 (felix.elfego@epa.gov) or your counsel may contact Caitlin Meisenbach, Attorney-Advisor, of my staff at (202) 565-0062 (Meisenbach.caitlin@epa.gov). MARK Digitally signed by MARK PALERMO PALERMO Date: 2023.11.07 _________________0_6:_1_4:_4_7_-0_5_'0_0' Mark J. Palermo, Chief Vehicle and Engine Enforcement Branch Air Enforcement Division Office of Civil Enforcement 3 Appendix A Definitions All terms used in this Request for Information will have their ordinary meaning unless such terms are otherwise defined herein, in the CAA, 42 U.S.C. 7401 et seq., or the Motor Vehicle and Engine, and Non-Road Regulations including those found at 40 C.F.R. Parts 85, 86, 1039, 1045, 1051, 1054, and 1068. 1. The term "eBay" or "Company" or "You" or "Your" includes, but is not limited to eBay and any parent, subsidiary, or other related organization, affiliate, predecessor, successor, and assignee organization at any location. 4 Appendix B Instructions for Responses 1. Provide a complete, detailed response to each of the requests in Appendix C, below. Provide any narrative responses or lists in English. Where noted in Appendix C requests, provide answers in the specified format (e.g., electronic, unlocked spreadsheet). If a given spreadsheet response field requested does not apply or is not available, list "N/A" for the corresponding cell. 2. This RFI is a continuing request. You must promptly supplement Your response to any request in Appendix C in the event You learn that you possess responsive information not yet produced or if You gain possession, custody, or control of responsive information after initially responding to this Request for Information Request. 3. For each answer, provide the number of the request to which it responds and identify each person who provided information that was used to prepare that answer. For each document produced, provide the number of the request to which it responds. 4. When a response is provided in the form of a number, specify the units of measure corresponding to the number. 5. Where documents or information necessary for a response is not in Your possession, custody, or control, indicate in Your response why such documents or information are not available or in your possession, custody, or control, and identify any source that either possesses or is likely to possess such information. 6. Where a request allows or requires documents to be provided in response, provide all documents electronically in a folder specific to that request and labeled with the number of the request. Follow any other formatting or naming conventions specified by the request. All submitted documents should be copies and not original documents. 7. Where You have previously submitted information to the EPA that is also the subject of this RFI, re-submit that information in accordance with these instructions. (Appendix B). Identify the material that was previously provided, the date on which it was provided, how the information was provided (e.g., electronically, fax, mail), and the individual at the EPA to whom it was provided. 8. Provide Your response to this RFI in electronic form. All responsive documents and materials (e.g., copies of print media, audio, and visual material) must be provided as an accurate and legible copy in searchable unlocked format, number stamped in sequential order (e.g., BATES stamped). Where spreadsheets are responsive to a Request, produce them in unlocked electronic .xlxs spreadsheet format (locked files are unacceptable). 5 Appendix C Information You Are Required to Submit to the EPA eBay must submit the following information pursuant to Sections 114(a) and 208(a) of the CAA, 42 U.S.C. 7414(a), 7542(a). 1) Identify all persons consulted in preparing the responses to this RFI including their title(s), the request(s) to which each individual responded, and, if limited to a partial duration of the scope of this request, the period of time for which each individual is providing a response. 2) For each eBay item number in Appendix D that resulted in a sale for shipment to an address in the United States at any time from January 1, 2022 through the date of this RFI, provide in an electronic, unlocked spreadsheet the following information with each row corresponding to a unique eBay item number: a) eBay item number for the product listing; b) Product name; c) Total quantity sold through your website; d) Date of each sale, transaction identification (e.g., order number), and the customer shipping information including US city, State, and zip code (provide this data in a separate electronic, unlocked spreadsheet including the eBay item number as a cross-reference); e) Date first listed for sale on your website; f) Date removed from sale on your website (as applicable, otherwise list "N/A"); g) Inventory of the product in your physical possession as of the date of this request; h) Average sale price (in US dollars); i) Excluding shipping and taxes, the total fees collected (in US dollars) by eBay associated with all sales and listings of this product, including for example, per-item fees, referral fees, sponsored product fees, optional program fees, and/or any other advertisement/marketing fees including any eBay profits from seller's potential participation in eBay International Shipping (formerly eBay's Global Shipping Program), etc. j) Location information as shown in Shipping section of product listing (i.e., where the product is listed as shipping from); k) All "Item specifics" listed in the product listing; l) Seller listed in "Seller information" box from product listing; m) All Seller registered business names, contacts, addresses including country, phone numbers, and emails; n) Seller "Member since" date; o) Indicate ("Yes" or "No") whether eBay has confirmed this product to be covered by a valid certificate of conformity ("COC") issued (and in effect) under EPA regulations;2 p) If eBay answered "Yes" to Request 2.o. above, provide the valid 12-character code family name3 that eBay has confirmed is applicable to the product as assigned by EPA; q) Indicate ("Yes" or "No") whether eBay has confirmed this product has a valid vehicle emissions label4 displaying the family name and other compliance related information; r) Indicate ("Yes" or "No") whether at any time eBay has conducted a physical inspection of the product to verify compliance with EPA COC requirements; 2 The EPA publishes certification data at: https://www.epa.gov/compliance-and-fuel-economy-data/annual-certification-datavehicles-engines-and-equipment 3 See https://www.epa.gov/ve-certification/information-about-family-naming-conventions-vehicles-and-engines 4 See https://www.epa.gov/importing-vehicles-and-engines/locating-vehicle-emissions-label 6 s) Indicate ("Yes" or "No") whether eBay has confirmed this product to be exempted, or otherwise excluded5 under EPA regulations; t) Describe any other actions taken by eBay to ensure that the product complied with EPA regulations; u) Quantity imported; v) Quantity of products where eBay was listed as a US addressed consignee during importation;6 w) Quantity of products of which eBay took physical possession7 prior to delivery of the product to the buyer, for example in connection to seller's participation in eBay International Shipping (formerly eBay's Global Shipping Program); x) Quantity of products where eBay assisted or facilitated the physical shipment/transportation of the product prior to delivery to the buyer, for example through partnering with third-party carriers8 in connection to seller's participation in eBay International Shipping (formerly eBay's Global Shipping Program); 3) For all eBay item numbers that resulted in a sale for shipment to an address in the United States at any time from January 1, 2022 through the date of this RFI and which eBay has reason to believe9 are similar to10 or the same products as those identified in Appendix D and which have not already been reported in Request 2, provide in an separate electronic, unlocked spreadsheet the same information as Request 2, with each row corresponding to a unique eBay item number. 5 For list of exemptions and exclusions, see EPA Standard Form 3520-21 available at: https://www.epa.gov/importingvehicles-and-engines/epa-standard-form-3520-21-importation-engines-vehicles-and-equipment 6 See Customs Directive No. 3550-079A at section 6.3 (June 27, 2001) available at: https://www.cbp.gov/sites/default/files/documents/3550_079a_3.pdf and Customs Ruling H290219 (Jul 28, 2020) available at: https://rulings.cbp.gov/ruling/H290219 7 By taking physical possession, we mean instances where eBay took custody of the product. We do not mean to ask for instances where eBay took title or ownership of the product. 8 See https://www.ebay.com/help/selling/posting-items/setting-postage-options/international-postage?id=4182. 9 EPA expects eBay to exercise due diligence by utilizing additional tools at its disposal to further check for and report on any similar products to those listed on Appendix D. For example, eBay has previously shared with EPA its development artificial intelligence tools and picture recognition software to enhance compliance efforts. 10 Similar products are those with the same function or intent, including but not limited to those that appear to be from the same manufacturer or brand. 7 Appendix D - eBay item number App.D Ref# 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 eBay item number: 401314978701 382289136651 113772252842 173913256204 382055447966 362757087382 132309432370 195121447034 164585666862 233111980793 363052605972 185371310537 115000324957 284433412283 134535653762 295024203958 325072031448 404099414593 133515506078 354493313248 314018952121 374551451228 354110849530 125967851505 155203924992 175854436812 295281885488 394552213984 126028822474 314540980401 195695540801 295193837262 295392296048 314501926012 334928790654 403288613801 Product Name (from preserved eBay screenshot) Full Set 80cc Bike Bicycle Motorized 2 Stroke Petrol Gas Motor Engine Kit Set Hot Sale 80cc 2 Stroke Motor Engine Kit Gas for Motorized Bicycle Bike Black New 52CC 20" Gasoline Chainsaw Powered Wood Cutting Engine Gas Crankcase Chain Saw New Pro 80cc Bike Bicycle Motorized 2 Stroke Petrol Gas DIY Motor Engine Kit Set 2-STROKE 80CC MOTOR GAS ENGINE KIT FOR MOTORIZED BICYCLE CYCLE BIKE NEW 80cc 2 Stroke Petrol Gas Motor Engine Kit for Motorised Bicycle Push Bike NEW 80cc Bike Bicycle Motorized 2 Stroke Petrol Gas Motor Engine Kit Scooter 80 CC US Pro 80cc Bike Bicycle Motorized 2 Stroke Petrol Gas DIY Motor Engine Kit Set 25.4CC Gas Chainsaw 12'' Top Handle Gasoline Powered Chain Saw 2-Stroke 1000W Bike Motor 2-Stroke 80cc Petrol Gas Motorized Bicycle Engine Kit DIY Black Black 2 Stroke 48cc 49cc 50cc Bicycle Petrol Gas Motorized Engine Bike Motor Kit Full Set 80cc Bike Bicycle Motorized 2 Stroke Petrol Gas Motor Engine Kit Set 900W 25.4CC Gas Chainsaw Top Handle Gasoline Powered Chain Saw 2-Stroke 52cc 2-Stroke 2 in 1 Gas Straight Shaft String Grass Trimmer, Brush Cutter 100cc 2-Stroke Bicycle Engine Kit Gas Motorized Motor Full Set for 26' 28' Bike 52CC Grass String Trimmer Gasoline Powered Gas Straight Shaft Weed Water 2-Cycle 80cc Bike Bicycle Motorized 2 Stroke Petrol Gas Motor Engine Kit Set 58 CC Gas Chainsaw Bar Gasoline Powered Chain Saw Engine Wood Cutting 2 Cycle 52/62/68cc Gas Chainsaw Bar Gasoline Powered Chain Saw 2 Cycle Engine Cutting 2 Stroke Gasoline Chainsaw 62 CC 20" Bar Power Engine Wood Cutting Gas Chain Saw 3.5HP Two Stroke Outboard Engine Motor Fishing Boat Engine Water Cooling System 6-18 HP HANGKAI Outboard Motor 2/ 4 Stroke Fishing Boat Engine Water Air Cooled HANGKAI 6-12 HP 2/4 Stroke Outbaord Motor Engine Air/Water Cooling Fishing Boat HANGKAI 6-12 HP 2/4 Stroke Outbaord Motor Engine Air/Water Cooling Fishing Boat Hangkai 2/4 Stroke 6-18HP Outboard Motor Fishing Boat Engines with Water Cooling HANGKAI 3.6HP 2 Stroke Outboard Motor Gas Boat Engine & Water Cooled Short Shaft 58CC Gas Chainsaw 20" Gasoline Powered Chain Saws Engine 2-stroke Handheld Metal HANGKAI 6-12HP Outboard Motor 2-4 Stroke Fishing Boat Engine Water/ Air Cooling 6-18 HP 2/4Stroke Water Air Cooling HANGKAI Outboard Motor Fishing Boat Engine 6-18 HP HANGKAI Outboard Motor 2,4Stroke Fishing Boat Engine Water Air Cooling HANGKAI 2/4Stroke 6-12 hP Outboard Motor Air/Water Cooling Fishing Boat Engine DEREAL 62cc Gas 18'' Chainsaw 2 Cycle Gasoline Powered Chain Saws Handheld HANGKAI 2 Stroke 3.5HP Outboard Motor Heavy Duty Kayak Boat Engine Water Cooling 6-18 HP HANGKAI Outboard Motor 2/ 4Stroke Fishing Boat Engine Water Air Cooling 6-18 HP 2/4 Stroke HANGKAI Outboard Motor Fishing Boat Engine Water Air Cooling 20 in Gasoline powered Chainsaw 62cc Gas Chain Saw 3.4Hp 8500 Rpm 2 stroke 2,5 Kw 8 App.D Ref# 37 38 39 40 41 42 43 44 45 46 47 48 49 50 eBay item number: 334903910086 364427427706 394803377634 404384234560 175401476537 284872663407 355023596010 374753115515 374925875307 403506818165 224614500717 285522229423 393380494316 145404149108 Product Name (from preserved eBay screenshot) 6-18 HP HANGKAI Outboard Motor 2/ 4 Stroke Fishing Boat Engine Water Air Cooled 2 Stroke 2.3HP - 18HP HANGKAI Outboard Motor Fishing Boat Engine Water Cooling 6-12HP HANGKAI Outboard Motor 2-4 Stroke Fishing Boat Engine Water / Air Cooling 2.3HP-18HP HANGKAI Outboard Motor 2-Stroke Fishing Boat Engine Water Cooling DEREAL 18" Pro 62cc Gas Chainsaw 2-Cycle Tree Log Cutter Chain Saw Handheld 2 Stroke Outboard Motor Engine 2.3/3.5HP/3.6 6HP 12HP/18HP Water Cooled Boat CDI HANGKAI 196CC 4 Stroke 7 HP Outboard Motor Fishing Boat Engine Motor Air Cooling 4.8kw Wood Cutting Machine Chainsaw 42inch 105cc for Tree Pruning Factory 4.8kw 42inch Big Saw 105cc High Quality Wood Cutting Machine Chainsaw 62cc 6220F-Cycle Gas Chainsaw 18 in Handheld Cordless Petrol Gasoline Chainsaw Huyosen Garden Trimmer 3000 Watt Pwer Generator 40Stroke Air Cooling 7.5HP Engine Gas Powered garwinner chainsaw 43cc 2Stroke Bicycle Rear Frinction Gasoline Engine for Bike Gas Motorized Engine 9 Appendix E Confidential Business Information An entity may assert a business confidentiality claim covering all or part of the information provided in response to this Information Request for any business information entitled to confidential treatment under Sections 114(c) and 208(c) of the CAA, 42 U.S.C. 7414(c) and 7542(c), and 40 C.F.R. Part 2, subpart B. Under Sections 114(c) and 208(c) of the CAA, entities are entitled to confidential treatment of information that would divulge methods or processes entitled to protection as trade secrets. Under 40 C.F.R. Part 2, subpart B, business confidentiality means "the concept of trade secrecy and other related legal concepts which give (or may give) a business the right to preserve the confidentiality of business information and to limit its use or disclosure by others in order that the business may obtain or retain business advantages it derives from its rights in the information." 40 C.F.R. 2.201(e). Information covered by a claim of business confidentiality will be disclosed by the EPA only to the extent, and by means of the procedures, set forth in Sections 114(c) and 208(c) of the CAA and 40 C.F.R. Part 2, subpart B. If no such business confidentiality claim accompanies the response to this Information Request when it is received by the EPA, then such information may be made available to the public without further notice. See 40 C.F.R. 2.204(a)(3). Pursuant to 40 C.F.R. 2.301(h), the EPA possesses the authority to disclose to any authorized representative of the United States information which might otherwise be entitled to confidential treatment. To assist in its review and analysis, the EPA may disclose information provided in response to this and other information requests to an EPA contractor, the Eastern Research Group, under contract number 68HERH19C0004. To assert a business confidentiality claim, an entity must place on (or attach to) all information subject to the claim either a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret," "proprietary," or "company confidential" at the time it provides its response to this Request for Information. Allegedly confidential portions of otherwise non-confidential documents should be clearly identified and may be provided separately to facilitate identification and handling by the EPA. An entity should indicate whether confidential treatment is only required until a certain date or until the occurrence of a certain event. The criteria the EPA will use in determining whether material claimed as business confidential is entitled to confidential treatment are set forth at 40 C.F.R. 2.208(a)-(d) and 2.301. Emission data, as defined at 40 C.F.R. 2.301(a)(2), is expressly not entitled to confidential treatment under 40 C.F.R. Part 2, subpart B. See 42 U.S.C. 7542(c); 40 C.F.R. 2.301(e). 10 Appendix F Statement of Certification You are submitting the enclosed documents in response to the U.S. Environmental Protection Agency's ("EPA") Request for Information, issued pursuant to Sections 114(a) and 208(a) of the Clean Air Act, to determine compliance with the Clean Air Act and its affiliated regulations. I certify that I am fully authorized by eBay.com, Inc., and its parent organizations, affiliates, predecessors, successors, and assignees, to provide the above information on its behalf to the EPA. I certify under penalty of law that I have examined and am familiar with the information in the enclosed documents, including all attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are, to the best of my knowledge and belief, true and complete. I am aware that there are significant penalties for knowingly submitting false statements and information, including the possibility of fines or imprisonment pursuant to Section 113(c)(2) of the Clean Air Act, 42 U.S.C. 7413(c)(2), and 18 U.S.C. 1001 and 1341. Date: Name (Printed): Signature: Title: _________________________________ _________________________________ _________________________________ _________________________________ 11