Document k9qQYg64zOn7rBwZ8rLOmo000

July 9, 2024 VIA ELECTRONIC MAIL IN THE CLEAN AIR ACT MATTER OF: Amazon.com, Inc., and Amazon Services, LLC. ATTENTION: Andrew DeVore Vice President and Associate General Counsel Amazon.com, Inc. 410 Terry Avenue North Seattle, Washington 98109-5210 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 Amazon.com, Inc., and Amazon Services, LLC. ("Amazon" 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 1 See first definition in Appendix A. 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 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 thirty (30) calendar days from the date You received 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 PALERMO Digitally signed by MARK PALERMO Date: 2024.07.09 15:27:18 -04'00' __________________________ 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 "Amazon" or "Company" or "You" or "Your" includes, but is not limited to, Amazon.com, Inc., Amazon Services, LLC, and any parent, subsidiary, or other related organization, affiliate, predecessor, successor, and assignee organization at any location. 2. "ASIN" means the unique identifier Amazon creates and maintains for each product sold in its online stores. ASIN stands for "Amazon Standard Identification Number." 3. MFN stands for "Merchant Fulfilled Seller." 4. FBA stands for "Fulfillment by Amazon." 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 RFI. 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 are 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. 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 Amazon 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 Request for Information 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 ASIN included in Appendix D, provide in an electronic, unlocked spreadsheet the following information with each row corresponding to the ASIN: a) ASIN b) Product Name c) Number of sales of products associated with the ASIN that have occurred on Your website since July 1, 2022, through the date of this RFI. Include the breakdown of sales as retail, FBA, and/or MFN; d) Date Amazon removed the ASIN listing from sale on Your website (as applicable). If Amazon has not removed the ASIN listing, indicate this with an "n/a", provide an explanation for why Amazon has not taken such step in request 3(c), and provide supporting material as described in request 4; and e) Inventory of products associated with the ASIN in your warehouses or otherwise in Your possession as of the date of this RFI. 3) Provide narrative answers to the following: a) What measures, if any, Amazon has taken to remove inventory of the products referenced in Appendix D which may be present in Your warehouses or are otherwise in Your possession; b) Why has the product with ASIN B087NZHPJ1, which was included in EPA's Request for Information dated February 10, 2023, continued to be listed for sale even though EPA has notified Amazon of its findings? c) For each ASIN marked N/A in request 2(d), on what information has Amazon determined that the ASIN is EPA-compliant or otherwise decided to continue listing the product for sale? 4) Please provide all information and materials that support Your responses in 3(c), which may include, but is not limited to, EPA Certificates of Conformity, pictures of the EPA emission control information label on the product, or statements from sellers. Please provide all materials in PDF format and begin the file name with the relevant ASIN. 6 Appendix D List of Subject Brands and Equipment Types # ASIN Nonroad Engine or Equipment Type 1 B0B82G3DNN Outboard Engine 2 B0BL7F23HT Outboard Engine 3 B0CQ7VQHPN Outboard Engine 4 B0CT5HKSC5 Outboard Engine 5 B0CJP1794N Outboard Engine 6 B09TSVHMSP Outboard Engine 7 B0C5WH9GVR Outboard Engine 8 B0CQP5TS6F Outboard Engine 9 B0CP4XYF71 Outboard Engine 10 B0CV3P7YWM Outboard Engine 11 B087NZHPJ1 Outboard Engine 12 B0CT5D85WC Outboard Engine 13 B0C3C35G8M Outboard Engine 14 B0CP52KQ4T Outboard Engine 15 B09TSWMPF6 Outboard Engine 16 B09FRW4K39 Chainsaw 17 B0BLYYKT57 Chainsaw 18 B0BLZ1HS96 Chainsaw 19 B0B5K87C2Y Chainsaw 20 B08DXLVJCQ Chainsaw 7 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 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 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). 8 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 Amazon.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: _________________________________ _________________________________ _________________________________ _________________________________ 9 CERTIFICATE OF MAILING I, Elfego Felix, certify that on this day I sent this Request for Information Under 114(a) and 208(a) of the Clean Air Act, 42 U.S.C. 7414(a) and 7542(a), by electronic mail to: Amazon.com, Inc. at the email address: regulatory-inquiries@amazon.com The above email address was provided by Amazon.com, Inc. to the U.S. Environmental Protection Agency to submit communications regarding regulatory issues under the Clean Air Act. In addition, I certify that on this day I sent a copy of this Request for Information by electronic mail to: Sam B. Boxerman, Outside Counsel for Amazon Sidley Austin LLP At the email address: sboxerman@sidley.com ELFEGO FELIX Digitally signed by ELFEGO FELIX Date: 2024.07.10 14:53:00 -07'00' ______________________________________ Elfego Felix Environmental Engineer Air Enforcement Division Office of Enforcement and Compliance Assurance United States Environmental Protection Agency 202-564-1403 10