Document BRO85bqyx7yX5Mr8nVV018kLE

By Email URGENT LEGAL MATTER REQUIRES PROMPT RESPONSE Dated via electronic signature Steve Delacruz Delacruz Motorsports LLC 18 Atwood Road Pelham, NH 03076 Re: Clean Air Act Reporting Requirement - Delacruz Motorsports Dear Mr. Delacruz: The United States Environmental Protection Agency ("EPA") is evaluating whether Delacruz Motorsports LLC, with an address at 18 Atwood Road, Pelham, New Hampshire, is in compliance with the Clean Air Act ("CAA" or "Act") and requirements promulgated under the Act. In particular, EPA is investigating whether Delacruz Motorsports LLC is selling and/or installing aftermarket defeat devices for motor vehicles. Sections 114(a) and 208(a) of the Act, 42 U.S.C. 7414(a) and 7542(a), give EPA authority to require any person who is subject to the vehicle and engine requirements of the Act, 42 U.S.C. 7521-7554, to establish, maintain, and make available information EPA may reasonably require determining compliance with these requirements or related regulations. This Reporting Requirement directs Delacruz Motorsports LLC to submit information relating to activities at all locations where Delacruz Motorsports LLC may operate, including but not limited to 18 Atwood Road, Pelham, New Hampshire. See Attachment 1 for a list of definitions. Specifically, Delacruz Motorsports LLC is required to provide responses to the following questions within 60 days of the date of this Reporting Requirement: 1. Provide the formal company name and a detailed description of the ownership and business structure of Delacruz Motorsports LLC, including date and state of incorporation and a listing of partners or corporate officers. For each owner or proprietor, provide a name, mailing address, email address, and phone number. 2. Provide a description of the products and services offered by Delacruz Motorsports LLC. 3. For the period from January 1, 2022, through December 31, 2024: a. Identify each Tune or Tuner that allows the On-Board Diagnostic ("OBD") system to operate without recording diagnostic trouble codes ("DTCs") or illuminating malfunction indicator lights ("MILs") that Delacruz Motorsports LLC sold and/or installed on any vehicle including those vehicles used off-road and in competition. b. Identify each Part/Component that bypasses, defeats, or renders inoperative an emissions control system that Delacruz Motorsports LLC sold and/or installed on any vehicle including those used off-road and in competition. c. For each component1, identified in the response to Question 3a or 3b, fill out the attached spreadsheet to provide: i. The invoice date; ii. The invoice number; iii. The component number assigned by the manufacturer; iv. The component name; v. The component manufacturer; vi. The price paid to the manufacturer/vendor; vii. The sale price to the customer or end-user; viii. The customer's name; ix. The customer's address, town, state and zip code; x. Any applicable Executive Order Numbers issued by the California Air Resources Board ("CARB E.O."); and xi. The following information about the vehicles for which the component was installed or was intended: (If the component was installed, provide the specific vehicle information. If not, provide the compatible vehicle types on which the component can be installed.) 1 Note that Tunes, Tuners, and Parts/Components will be collectively referred to in this document as "components." Delacruz Motorsports- EPA Reporting Requirement Page 2 1. The make(s) of the vehicle(s); 2. The model(s) of the vehicle(s); 3. The model year(s) of the vehicle(s); and 4. The specific vehicle identification number ("VIN"), in the event the component was installed. d. For each component identified in response to Question 3a or 3b, fill out the attached spreadsheet to indicate whether the component affects2 the following systems, by either allowing the OBD system to operate without recording DTCs or MILs (if a Tune/Tuner), OR bypassing, defeating, or rendering the system inoperative (if a Part/Component): i. The Exhaust Gas Recirculation ("EGR") system; ii. The Selective Catalytic Reduction ("SCR") system, or any sensors, signals, or records related to the SCR system; iii. The Diesel Particulate Filter ("DPF") system or any sensors, signals, or records related to the DPF system; iv. The Diesel Oxidation Catalyst ("DOC") system or any sensors, signals, or records related to the DOC system; v. The Nitrogen Oxides Adsorber Catalyst ("NAC") system or any sensors, signals, or records related to the NAC system; vi. The Three-Way Catalyst ("TWC") system or any sensors, signals, or records related to the TWC system; and/or vii. The Positive Crankcase Ventilation ("PCV") system. 4. Provide copies of all invoices and receipts3 including customer information, that describe the components, identified in response to Questions 3. If you do not provide the information when required, EPA may order you to comply and may assess monetary penalties for any failure to comply, under Sections 113 and 205 of the CAA, 42 U.S.C. 7413 and 7524. Federal law establishes criminal penalties for knowingly providing false information to EPA. This Reporting Requirement is not subject to Office of Management and Budget review pursuant to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. 2 For the purposes of the spreadsheet, "affects" means: The Tuner or Tune alters, removes, or disables, without recording diagnostic trouble codes or illuminating malfunction indicator lights, or the Parts/Component, bypasses, defeats, or renders inoperative an emissions control system. 3 EPA will accept copies of these records in paper or in electronic formats such as portable document formats (pdfs) or QuickBooks records exported into a spreadsheet. Delacruz Motorsports- EPA Reporting Requirement Page 3 You may assert a business confidentiality claim covering part or all the information requested, in the manner described by 40 CFR 2.203(b). Information covered by such a claim will be disclosed by EPA only to the extent, and by means of the procedures, set forth in 40 CFR Part 2, Subpart B. Note that certain categories of information, such as emission data, are not properly the subject of such a claim. If no such claim accompanies the information when EPA receives it, EPA may make the information available to the public without further notice to you. EPA may use any information provided in response to this Reporting Requirement in an administrative, civil, or criminal action. We are also providing you a link to the U.S. EPA Small Business Resources-Information Sheet4 which contains information on potential compliance assistance opportunities that are available to you. Any decision to seek compliance assistance, however, does not relieve Delacruz Motorsports of its environmental obligations nor does it create any rights or defenses and will not affect EPA's ability to pursue an enforcement action. In December 2020, EPA issued an enforcement alert discussing vehicle tampering. We have included this alert for your reference. See Attachment 3. Provide the above-required information electronically via email5 to Grace Perry of my staff at perry.grace@epa.gov. Please provide separate electronic files for each report you submit. If you have any questions concerning this Reporting Requirement, please contact Ms. Perry at (617) 918-1068. Sincerely, Digitally signed by JAMES JAMES CHOW Date: 2025.02.20 12:09:27 CHOW -05'00' James Chow, Director Enforcement and Compliance Assurance Division Enclosures Attachment 1: Definitions Attachment 2: Delacruz Motorsports LLC Reporting Requirement Spreadsheet.xlsx Attachment 3: Vehicle Tampering Enforcement Alert cc: Sheri Eldridge, NH DES 4 https://www.epa.gov/sites/production/files/2017-06/documents/smallbusinessinfo.pdf 5 Note that EPA cannot receive email messages with files larger than 25 MB. If your submissions are larger than 25 MB, please contact EPA to discuss submission options. Delacruz Motorsports- EPA Reporting Requirement Page 4 Attachment 1 Definitions All terms used in this Reporting Requirement will have their ordinary meaning unless such terms are defined in the CAA, 42 U.S.C. 7401 et seq., in the applicable mobile source regulations, including at 40 C.F.R. Parts 85, 86, 1039, and 1068, or defined below or elsewhere in this Reporting Requirement. 1. The term "diesel oxidation catalyst" or "DOC" refers to an exhaust emission control component that is designed to convert carbon monoxide and hydrocarbons into carbon dioxide and water. 2. The term "diesel particulate filter" or "DPF" refers to an exhaust emission control component that physically traps particulate matter (PM) and removes it from the exhaust stream. 3. The term "electronic control module" or "ECM" means a device that receives inputs from various sensors and outputs signals to control engine, vehicle, or equipment functions. 4. The term "emission control system" means any part/component and its associated fluids, sensors, signals, components, and control systems that functions primarily for emission control and whose deviation from original manufacturer specifications and/or failure may significantly increase emissions. 5. The term "exhaust gas recirculation" or "EGR" refers to an emission control component that directs a portion of engine exhaust back into the engine's combustion chamber in order to control combustion temperatures and pressures, thereby reducing the production of nitrogen oxides (NOX). The EGR system may include a cooler, which cools the recirculated exhaust. 6. The term "NOX adsorber catalyst" or "NAC" refers to an exhaust emission control component that is designed to reduce oxides of nitrogen using an adsorbent such as zeolite to trap the NO and NO2 molecules. 7. The term "Positive Crankcase Ventilation" or "PCV" is an emissions control component designed to recycle emissions from the crank case to the intake manifold. 8. The term "selective catalytic reduction" or "SCR" refers to an emission control component that includes systems (the diesel exhaust fluid (DEF) tank, urea quality sensor, DEF injection system, SCR catalyst(s), and other associated sensors), which inject a reductant, such as DEF, into the exhaust stream where it reacts with a catalyst to convert NOX emissions to nitrogen gas and water. 9. The term "onboard diagnostics" or "OBD" refers to an ECM that monitors emission control and emission-related components and systems along with certain engine components, such as the fuel delivery system and the engine control module. When the OBD detects a malfunction or deterioration that could affect emissions, it illuminates a malfunction indicator light and produces diagnostic trouble codes to aid in repair. 10. The term "tune" means any combination of software programming, calculations, computer logic, calibration, tables of information (e.g., fuel timing maps), coding, or other content or information, stored in any form, capable of affecting or controlling an electronic control module. Note that "tune" includes tune licenses that are used to download tunes from the original manufacturer. 11. The term "tuner" means any device capable of accessing, altering, or replacing the software programming, calculations, computer logic, calibration, tables of information (e.g., fuel timing maps), coding, or other content stored within or used by an electronic control module, including but not limited to replacement engine control modules, flash programmer tools, performance chips, or piggyback controllers or modules. 12. The term "part/component" means any vehicle or engine part/component including, but not limited to tunes, tuners, and devices that bypass, defeat, or render inoperative emission control systems. These devices include but are not limited to exhaust systems that bypass emission control systems, EGR block off plates, PCV reroutes, etc. 13. The term "vehicle" refers to both a vehicle and a vehicle engine. 2