Document 65YBwEm6bRD5OwnRy2jwbEZw1

CERTIFIED MAIL RETURN RECEIPT REQUESTED July 29, 2024 ATTENTION: JK-USA Incorporated 2112 Leverenz Rd. Naperville, IL 60564 Chengang Wu President and Registered Agent for JK-USA Incorporated 2112 Leverenz Rd. Naperville, IL 60564 Request for Information Under Sections 114(a)(1) and 208(a) of the Clean Air Act, 42U.S.C. 7414(a)(1) and7542(a) The United States Environmental Protection Agency ("EPA") hereby requires JK-USA Incorporated JKUSA. and any of its parent organizations, affiliated organizations, predecessors, successors, or assignees (collectively "J-K USA")1 and Chenggang Wu to provide the information requested below. EPA issues this Information Request 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, including but not limited to the tampering and defeat device prohibitions of Section 203(a)(3) of the CAA, 42 U.S.C. 7522(a)(3), 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 subject to Sections 7525(c) or 7542 with respect to provisions of Title II, to provide information reasonably required to carry out the CAA's provisions. The Administrator has delegated 1 See definition 5 in Appendix A. this authority to the undersigned Chief of the Vehicle and Engine Enforcement Branch in the Air Enforcement Division, Office of Enforcement and Compliance Assurance. Appendix A provides definitions. Appendix B provides instructions for Your responses to this Information Request. Appendix C specifies the information that You must provide. Appendix D provides information about asserting a claim of confidentiality over information You provide in response to this Information Request. Appendix E contains the form with which You are required to certify the truth and completeness of Your response. Appendix F is an Excel workbook provided by EPA to organize Your responses to Requests 1through 13, included in the electronic version of the Request for Information being emailed at the email address above. If You have not received this Request for Information via email, contact Eleanor Kane, Environmental Engineer, Air Enforcement Division, EPA at (202) 564-9232, or Kane.Eleanor@epa.gov, and Ms. Kane will email the Appendix F to You. You must submit this information to Ms. Kane within thirty (30) calendar days from the date of signature of this Request for Information. Please submit the requested information electronically. You may do so via email to Ms. Kane at Kane.Eleanor@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 Ms. Kane know how you want to proceed. 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 deadline, You must contact Ms. Kane within ten (10) calendar days of the date of signature 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(a)(3) and 205(b) of the CAA, 42U.S.C. 7413(a)(3) and 7524(b). Failure to provide all requested information in its entirety, and in the format requested, may result in additional inquiries and penalties. Pursuant to Sections 114, 208, and 307 of the CAA, 42U.S.C. 7414(a)(1), 7542(a)-(b), 7607(a), EPA may request additional information, inspections, or depositions. It is important that Your responses be clear, accurate, organized, and complete. EPA will regard any information that is misleading, false, incomplete, or provided without regard to its accuracy as a violation of the CAA and/or criminal statutes. You must provide all requested information under an authorized signature with a properly executed Statement of Certification, as provided in Appendix E. You are entitled to assert a business confidentiality claim covering all or part of the information provided in response to this Request for Information as specified in the procedures described in the Confidentiality of Business Information ("CBI") regulations, 40C.F.R. Part 2, Subpart B. However, no CBI claim may be made with respect to emission data as defined at 40 C.F.R. You must specify the page, paragraph, and sentence when identifying the information subject to Your CBI claim. Appendix D of this Information Request provides process and substantiation requirements for asserting business confidentiality claims. EPA may, without further notice, provide the public with any information not subject to a CBI claim. EPA may use any information provided in response to this Information Request in an administrative, civil, or criminal action. Questions concerning this Request for Information should be directed to Ms. Kane, or your counsel may contact Kayla Steinberg, Attorney-Advisor, at (202) 564-7658 or steinberg.kayla@epa.gov. MARK PALERMO Digitally signed by MARK PALERMO Date: 2024.07.29 16:41:06 -04'00' __________________________ Mark J. Palermo, Chief Vehicle and Engine Enforcement Branch Air Enforcement Division United States Environmental Protection Agency Appendix A Definitions All terms used in this Information Request will have their ordinary meaning unless such terms are defined below or in the CAA, 42U.S.C. 7401-7671q, or the Motor Vehicle and Non-Road Regulations found at 40C.F.R. Parts 85, 86, 89, 90, 1036, 1037, 1039, 1048, 1051, and 1068, in which case they shall have their meanings as defined therein. If a term is defined in both this Appendix A and in the CAA or the Motor Vehicle and Non-Road Regulations, the definition provided in Appendix A will control for the purpose of this Information Request. 1. The term "information" includes any written, recorded, or graphic matter of any nature whatsoever, regardless of how recorded, and whether original or copy, including but not limited to, the following: memoranda, reports, expense reports, books, manuals, instructions, financial reports, working papers, records, notes, letters, notices, confirmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers, prospectuses, interoffice and intraoffice communications, electronic mail ("email"), instant messages, calendars, contracts, cables, notations of any type of conversation, telephone call, meeting, or other communication, bulletins, printed matter, computer printouts, invoices, transcripts, diaries, analyses, returns, summaries, minutes, bills, accounts, estimates, projections, comparisons, messages, correspondence, press releases, circulars, financial statements, reviews, opinions, offers, studies and investigations, questionnaires and surveys, presentations, spreadsheets, and worksheets. The term "information" includes all drafts, preliminary versions, alterations, modifications, revisions, changes, and amendments to the foregoing, as well as any attachments or appendices thereto. The term "information" also includes any graphic or oral records or representations of any kind (including, without limitation, photographs, charts, graphs, voicemails, microfiche, microfilm, videotapes, recordings, and motion pictures), electronic and mechanical records or representations of any kind (including, without limitation, tapes, cassettes, disks, computer server files, computer hard drive files, CDs, DVDs, back-up tape, memory sticks, recordings, and removable computer media such as thumb drives, flash drives, memory cards, and external hard drives), and other written, printed, typed, or other graphic or recorded matter of any kind or nature, however produced or reproduced, and whether preserved in writing, film, tape, electronic format, disk, videotape or otherwise. Information bearing any notation not part of the original text is considered to be separate information. A draft or non-identical copy is separate information within the meaning of this term. 2. The term "entity" means any natural person, corporation, partnership, limited liability company, sole proprietorship, joint venture, or any formal or informal group, organization or association. 3. The term "person" includes an individual, corporation, partnership, or association. See Section302(e) of the CAA, 42U.S.C. 7602(e). 4. A reference to any entity by name includes the entity and any of the entity's affiliated organizations,2 predecessors, successors, and assignees. 5. The term "You" means, collectively, JK-USA Incorporated., any of their parent organizations, affiliated organizations, predecessors, successors, or assignees, and Chenggang Wu. 6. The term "affiliated organization" means any organization or entity associated with another entity as an agent, parent organization, predecessor corporation, subsidiary organization, or any organization or entity acting in lieu of another entity. 7. The term "applications" means all vehicle or engine configurations. 8. The term "Catalytic Converter" means a device installed in the exhaust system of an internal combustion engine that utilizes catalytic action to convert pollutants to less harmful gases. 9. The term "loading rate" means the mass of the precious metal in the catalyst in grams divided by the total volume of the catalyst in liters. 10. The term "product" includes any software code, software, hardware, program, element of design, calibration, tune, tuner, device, part, or component. 11. The term "manufacture" includes the creation, design, development, alteration, fabrication, production, or programming of a software code, software, hardware, program, element of design, calibration, engine tune, engine tuner, device, part, or component. 2 See definition 6, below. 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, provide answers in the specified format (e.g., electronic unlocked spreadsheet). Appendix F consists of an Excel workbook in which You are requested to organize Your responses to Requests 1 through 13. Please populate the workbook with Your responses to Requests 1 through 13 in accordance with all instructions. Requests 1 through 13 are summarized in Appendix F for Your convenience only. The Request summaries in Appendix F are not substitutes for the full text of the Requests in Appendix C. Provide a complete, detailed response, in English, to each Request in Appendix C below. 2. If a given spreadsheet response field requested does not apply or is not available, list "n/a" for the corresponding cell. 3. This Request for Information 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. 4. 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. 5. When a response is provided in the form of a number, specify the units of measure corresponding to the number. 6. 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. 7. 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. 8. Where You have previously submitted information to EPA that is also the subject of the Request for Information, re-submit that information in accord 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 EPA to whom it was provided. 9. Provide Your response to this Request for Information 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). Appendix C Information Request Provide the following information to EPA, pursuant to Sections 114(a)(1) and 208(a) of the CAA, 42U.S.C. 7414(a)(1) and7542(a). Provide the following information in Appendix F, worksheet 1: 1. Provide an electronic, unlocked spreadsheet of all catalytic converters that JK-USA imported, manufactured, sold, or offered for sale during the period November 1, 2022, through the date of the signature of this Information Request. For each product identified, provide the: a. Part Number, Item Code, or other unique identifier used by JK-USA; e. The manufacturer name; f. The name of the entity that supplied JK-USA, if different from the manufacturer; g. The quantity of units JK-USA manufactured during the period from November 1, 2022, through the date of the signature of this Information Request; h. The quantity of units JK-USA imported during the period from November 1, 2022, through the date of the signature of this Information Request; i. The quantity of units sold to customers in the United States during the period from November 1, 2022, through the date of the signature of this Information Request; f. The sale price; h. California Air Resources Board Executive Order number, if any; i. vehicle applications by make, model, engine type, and year; and j. Catalyst design information: i. Active surface area; ii. Volume of catalyst, in L; iii. Precious metal ratio (indicate which metals); iv. Precious metal loading rate for each precious metal included in the catalyst, in g/L; and v. Conversion efficiency for CO, HC, and NOx emissions, for both fresh and aged units, and how these values were determined. Provide the following information in Appendix F, worksheet 2: 2. In Appendix F, worksheet 2, for each product identified in response to Request 1, that JK-USA sold during the period November 1, 2022, through the date of signature of this Information Request, provide the name, address, and phone number of the purchaser, any invoice data, and all other commercial information for each sale to a purchaser. You may provide the requested information in an unlocked electronic spreadsheet exported from an invoice or sales management program (e.g., QuickBooks) in lieu of using Appendix F, worksheet 4. 3. Provide a detailed, written description of the current business structure of JK-USA and its affiliated organizations, including an organizational chart depicting the parent and subsidiary companies affiliated with JK-USA, entities under common ownership with JK-USA, and relative ownership interests in each entity. 4. Provide a copy of JK-USA's corporate documents, including but not limited to articles of incorporation, by-laws, certificates of good standing, and partnership or membership agreements. 5. Provide the location of any and all warehouses or other facilities where JK-USA manufactures or stores products or inventory. If JK-USA dropships products, identify the wholesalers, manufactures, or other entities JK-USA has dropshipping arrangements with, describe those arrangements, and provide any and all supporting documentation (including but not limited to contracts). 6. Provide a detailed written description of JK-USA's relationship and interactions with Taizhou Three Way Vehicle Catalytic Converter Co., LTD, TWG Exhaust, and/or TWG Group (collectively "TWG"). Include an explanation of the trademark applications JK Usa filed for "TWG Exhaust" on June 14, 2018. Provide copies of any written agreements between or on behalf of JK-USA and TWG. 7. Provide a detailed written description of JK-USA's relationship to Dianbo Machinery USA Corp. 8. Provide a list of JK-USA's current and former officers, directors, owners, shareholders, supervisors, and/or managers based in the United States, within the last five years, indicating each employee's dates of employment, job title(s), and job responsibilities. 9. Identify each person responsible for responding to this Information Request Appendix C, including his or her title, and the Request(s) to which he or she responded. Provide the following information. 10. For products identified in response to Request 1, state whether TWG, JK-USA, or any other entity conducted tests measuring emissions of hydrocarbons (HC), carbon monoxide (CO), nitrogen oxides (NOx), or particulate matter (PM), including tests that measure the impact of the product on motor vehicle emissions or that measure the impact of the product on a vehicle's emission control devices or elements of design. For each such test, provide the following information: a. a description of the test, including identification of the product and vehicle, the EPA engine family, name of the vehicle, test equipment, test protocols, and calibration procedures; b. a sample test report and any training or instructional materials used for educating employees and affiliates about how to perform the test; and c. the date and location of the test, the name and position of the person that conducted the test, and the test results. 11. For products identified in response to Request 1, state whether an application for an Executive Order to the California Air Resources Board was submitted and, if so, provide a copy of the application for each product. State whether each product received an Executive Order exempting the product from California's emission control system anti-tampering law, California Vehicle Code27156. If the product received an Executive Order, state whether the California Air Resources Board required changes to the product or application to receive approval. 12. For each product identified in response to Request 1, provide: a. a detailed written description of all methods by which the product has been promoted or publicized, including but not limited to, print media, commercial websites, point-of-sale webpages, event promotion or sponsorship, trade show promotion, social media promotion, or through cooperative advertising; b. provide copies of all advertisements for the product published in print or electronic media, including commercial websites, point-of-sale webpages, or social media; and c. provide all manuals available (e.g., owner's and installation). 13. Identify each person responsible for responding to this Information Request Appendix C, including his or her title, and the Request(s) to which he or she responded. Appendix D 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 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 Request for Information when it is received by EPA, then such information may be made available to the public without further notice. See 40 C.F.R. 2.203(c). Pursuant to 40 C.F.R. 2.301(h), 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, 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 Information Request. Allegedly confidential portions of otherwise non-confidential documents should be clearly identified and may be provided separately to facilitate identification and handling by 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 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). Appendix E Statement of Certification You are submitting the enclosed documents in response to the U.S. Environmental Protection Agency's ("EPA") Information Request, issued pursuant to Sections 114(a)(1) 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 JK-USA, Inc., and its parent organizations, affiliates, predecessors, successors, and assignees, to provide the above information on its behalf to 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, 42U.S.C. 7413(c)(2), and 18 U.S.C. 1001 and 1341. Date: Name (Printed): Signature: Title: _________________________________ _________________________________ _________________________________ _________________________________ CERTIFICATE OF MAILING I, Nathan Dancher, certify that on this day I sent this Request for Information Under Sections 114(a)(1) and 208(a) of the Clean Air Act, 42 U.S.C. 7414(a)(1) and 7542(a), by Certified Mail, Return Receipt Requested, to: JK-USA Inc. 2112 Leverenz Rd. Naperville, IL 60564 Chengang Wu 2112 Leverenz Rd. Naperville, IL 60564 _________________________________ Nathan Dancher Environmental Engineer Air Enforcement Division United States Environmental Protection Agency Dancher.nathan@epa.gov