Document ym3R9e6aXozxnKK1ZJB6Eqkxn

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C., 20460 OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED And ELECTRONIC MAIL Lone Star Auto Parts d/b/a EGR-Parts.com, lone-star-auto-part, moonsport-auto-parts, and silverautoparts Jing Lin Agent of Service 20444 Westfield Commerce Drive Katy, Texas 77449 angel.lin.usa@gmail.com Re: Notice of Violation of the Clean Air Act Dear Jing Lin: The United States Environmental Protection Agency (EPA) has investigated and continues to investigate Lone Star Auto Parts, d/b/a EGR-Parts.com, lone-star-auto-part, moonsport-auto-parts, and silverautoparts (EGR-Parts) for compliance with the Clean Air Act ("CAA" or "the Act"), 42 U.S.C. 7401-7671q, and its implementing regulations. As summarized in this Notice of Violation, EPA has determined that EGR-Parts offered for sale, or caused the offer for sale of, parts or components for motor vehicle engines that bypass, defeat, or render inoperative devices or elements of design installed on motor vehicles and motor vehicle engines to meet emission standards promulgated under the CAA, and knew or should have known that these parts or components were offered for sale or installed for such use or put to such use. Therefore, EGR-Parts has violated Section 203(a)(3)(B) of the Act, 42 U.S.C. 7522(a)(3)(B). EPA continues to investigate these violations and other potential violations under the Act and its implementing regulations. Law Governing Alleged Violations This Notice of Violation arises under Part A of Title II of the Act, 42 U.S.C. 7521-7554, and the regulations promulgated thereunder. These laws were enacted to reduce air pollution from mobile sources of air pollution. In creating the Act, Congress found, in part, that "the increasing use of motor vehicles . . . has resulted in mounting dangers to the public health and welfare."1 Congress' purpose in creating the Act, in part, was "to protect and enhance the quality of the Nation's air resources so as to promote the public health and welfare and the productive capacity of its population," and "to initiate and 1 CAA 101(a)(2), 42 U.S.C. 7401(a)(2). accelerate a national research and development program to achieve the prevention and control of air pollution."2 EPA's allegations concern parts or components for motor vehicles and engines subject to emission standards.3 The Act requires EPA to prescribe and revise, by regulation, standards applicable to the emission of any air pollutant from new motor vehicles or engines that cause or contribute to air pollution, which may reasonably be anticipated to endanger public health or welfare.4 As required by the Act, the emission standards "reflect the greatest degree of emission reduction achievable through the application of [available] technology."5 Motor vehicles and engines are subject to specific emission standards for each pollutant, based on a vehicle's or engine's class and model year.6 Vehicle and engine manufacturers employ many devices and elements of design to meet emission standards. Element of design means "any control system (i.e., computer software, electronic control system, emission control system, computer logic), and/or control system calibrations, and/or the results of systems interaction, and/or hardware items on a motor vehicle or motor vehicle engine."7 For example, manufacturers often employ retarded fuel injection timing systems as a primary emissionrelated element of design to achieve reduction of emissions of oxides of nitrogen (NOx) and particulate matter (PM). Manufacturers also employ certain hardware devices as emission control systems and elements of design to reduce emissions of regulated pollutants into the ambient air. Examples of such devices include sensors, filtration systems such as diesel particulate filter (DPF) systems, also referred to as periodic trap oxidizers, exhaust gas recirculation (EGR) systems, the crankcase emission control system that reroutes crankcase gases back into the air intake, and catalyst devices such as diesel oxidation catalyst ("DOC," also referred to as "CAT") systems, NOx adsorption catalysts, and selective catalytic reduction8 (SCR) systems. Modern vehicles and engines are equipped with devices known as electronic control modules, also referred to as electronic control units. ECMs continuously monitor engine and other operating parameters and control the emission control devices, such as the fueling strategy. Manufacturers further employ onboard diagnostics, or "OBD," which are systems that monitor components that can affect the emission performance of a motor vehicle, detect problems with the vehicle's emission-related systems that could cause the vehicle to fail to comply with the CAA's emission standards, alert drivers to these problems, and store electronically-generated malfunction information.9 If a problem is detected, the OBD system illuminates a warning indicator on the vehicle instrument panel to alert the driver, called a malfunction indicator light or check engine light. The OBD system also records diagnostic trouble codes to provide ease of identification of the emission control problem for mechanics to repair. OBDs may cause an engine power reduction (known as "limp mode") 2 CAA 101(b)(1)-(2), 42 U.S.C. 7401(b)(1)-(2). 3 See generally 40 C.F.R. Part 86, Subpart A (setting emission standards for these categories). 4 CAA 202(a)(1) and (3)(B), 42 U.S.C. 7521(a)(1) and (3)(B). 5 CAA 202(a)(3)(A)(i), 42 U.S.C. 7521(a)(3)(A)(i). 6 See, e.g., heavy-duty diesel engine emission standards at 40 C.F.R. 86.004-11, 86.007-11, 86.099-11 and light-duty vehicle emission standards at 40 C.F.R. 86.1811-04. See also 40 C.F.R. 86.090-8 (1990 and later model year light-duty vehicles); 86.094-9 (1994 and later model year light-duty trucks); 86.001-9 (2001 and later model year light-duty trucks); 86.004-9 (2004 and later model year light-duty trucks); 86.091-10 (1991 and later model year Otto-cycle heavy-duty engines and vehicles); 86.008-10 (2008 and later model year Otto-cycle heavy-duty engines and vehicles). 7 40 C.F.R. 86.094-2. 8 SCR systems include diesel emission fluid injections and tank storage components. 9 See CAA 202(m), 42 U.S.C. 7521(m), requiring EPA to promulgate regulations requiring OBD systems for motor vehicles after 2007. See also 40 C.F.R. 86.005-17, 86.007-17, 86.1806-05, and 86.1806-17. 2 to prompt repair of a missing or malfunctioning emission-related device or element of design. Given these functions, the OBD is a key part of a motor vehicle's emission control system. To ensure that every new motor vehicle or motor vehicle engine sold, offered for sale, imported, delivered for introduction into commerce, or introduced into commerce in the United States (collectively, "introduced into commerce") satisfies applicable emission standards, EPA runs a certification program for manufacturers. Under this program, the EPA issues certificates of conformity (COCs), thereby qualifying motor vehicles and engines for introduction into commerce.10 To obtain a COC, an original equipment manufacturer must submit a COC application to the EPA for each engine family (also referred to as test group) and each model year in which it intends to manufacture or import motor vehicles or engines for introduction into commerce. The COC application must include, among other things, identification of the covered engine family, a description of the motor vehicle or engine and its emission control systems, all auxiliary emission control devices (AECDs)11 and the engine parameters they sense, as well as test results from a test vehicle or engine showing that it satisfies the applicable emission standards.12 The motor vehicles or motor vehicle engines must then be manufactured exactly as described in the approved COC application, in part to ensure that the emission control systems function as described. In addition, the Act makes it a violation "for any person to manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter, and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use."13 It is also a violation to cause any of the foregoing acts.14 Alleged Violations EPA has determined that EGR-Parts has offered for sale, or caused the offering for sale, numerous products (commonly referred to as "Defeat Devices") that have a principal effect of bypassing, defeating, or rendering inoperative emission control devices or elements of design certified to control emissions on motor vehicles or motor vehicle engines. EGR-Parts's website lists Defeat Devices which are intended for use with a variety of motor vehicles and motor vehicle engines including, but not limited to, light-duty diesel trucks and engines manufactured by entities such as FCA US LLC and its predecessors General Motors Co., Ford Motor Co., as well as heavy-duty diesel engines manufactured by entities such as Cummins Corporation. EGR-Parts has sold three main categories of these "Defeat Device" products: (1) hardware parts or components that physically remove, disable, or bypass one or more components of the EGR system installed on or in a motor vehicle or motor vehicle engine (EGR Delete Parts); (2) parts or components that physically replace certified exhaust aftertreatment emission control devices or elements of design, 10 40 C.F.R. 86.007-30. 11 An AECD is "any element of design which senses temperature, vehicle speed, engine RPM, transmission gear, manifold vacuum, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system." 40 C.F.R. 86.082-2. 12 40 C.F.R. 86.004-21, 86.007-21, 86.094-21, 86.096-21; see also EPA, Advisory Circular Number 24-3: Implementation of Requirements Prohibiting Defeat Devices for On-Highway Heavy-Duty Engines (Jan. 19, 2001). 13 CAA 203(a)(3)(B), 42 U.S.C. 7522(a)(3)(B). 14 CAA 203(a), 42 U.S.C. 7522(a). 3 such as the DPF, DOC, and/or SCR, from the exhaust system installed on or in a motor vehicle or motor vehicle engine ("Exhaust Aftertreatment Delete Pipes); and (3) hardware designed to replace the stock crankcase emission control equipment by rerouting crankcase gases to the atmosphere instead of back to the intake ("Crankcase Ventilation Delete Hardware"). Between July 2023 and August 2023, EPA conducted a review of EGR-Parts's website for advertisements of Defeat Devices. EPA considers each offer for sale of a Defeat Device through EGRParts's website to be a violation of the CAA. As listed in Table 1 below, EPA's review of the EGR-Parts.com website found that EGR-Parts offered for sale, or caused the offer of sale, of 51 unique Defeat Devices, including 38 EGR Delete Parts; 4 Crankcase Ventilation Delete Hardware, and 9 Exhaust Aftertreatment Delete Pipes. These Defeat Devices are listed below. Table 1: Defeat Devices Offered for Sale on EGR-Parts.com Website # SKU Product Name Defeat Device Category 1 LSOT00645 EGR Valve Cooler Kit For 2008-2010 Ford F-250 F350 F-450 F-550 Powerstroke 6.4L V8 Diesel Turbo ERG Delete Parts 2 LSOT00646 EGR Delete Kit For 2003-2007 Ford Excursion FSeries F-250 F-350 F-450 F-550 E-E-350 E-450 6.0L Powerstroke Diesel ERG Delete Parts 3 LSOT00616 EGR Complete Delete Kit For 2003-2010 Ford F-250 F-350 F-450 F-550 6.0L Powerstroke Diesel ERG Delete Parts 4 LSOT00644 EGR Delete Kit For 2011 - 2022 Ford F250 F350 6.7L Powerstroke Diesel ERG Delete Parts 5 LSOT00355 EGR Valve Delete Kit + Intake Elbow Diecast For 2008-2010 Ford F-250 F-350 F-450 Powerstroke Diesel 6.4L ERG Delete Parts CCV Crank Case Breather Kit (Hose Not Included) 6 LSOT001290B For Ford 6.7L Powerstroke Crankcase Ventilation Delete Hardware EGR Delete Kit with Coolant For 2011 - 2019 Ford F- 7 LSOT00538 250 F-350 Super Duty Powerstroke Diesel 6.7L ERG Delete Parts CCV Crank Case Ventilation Kit (Hose Included) For 8 LSOT001290A Ford 6.7L Powerstroke Crankcase Ventilation Delete Hardware 9 LSOT001144 EGR Coolant Valve Delete Kit Fits 2020-2021 Ford Powerstroke 6.7L F-250 F-350 F-450 F-550 ERG Delete Parts 4 LSTUFD003 + 10 LSOT00644 11 LSOT00585 12 LSOT00588 13 & LSOT00646 + 14 LSOT00588 15 & LSOT00355 + 16 LSOT00585 EGR Valve & Cooler Kit + Delete Cold Side InterCooler Pipe Upgrade Kit For 2011-2016 Ford F250 F-350 F-450 Super Duty 6.7L Powerstroke Diesel 4" Cat Delete Exhaust Pipe For 2008-2010 Ford 6.4L V8 Powerstroke Diesel F-250 F-350 F-450 F-550 Super Duty Muffler and Cat Delete Pipe Kit w/ Camps For 20032007 Ford 6.0L V8 Powerstroke F-250 F-350 Super Duty EGR Cooler Delete Kit + Muffler & Cat Delete Exhaust Pipe Kit For 2003-2007 Ford F-250 F-350 Super Duty 6.0L V8 Powerstroke Diesel Off Road 4" Exhaust Pipe & EGR Valve Delete Kit + Intake Elbow DIECAST For 2008-2010 Ford F Powerstroke Diesel 6.4L ERG Delete Parts Exhaust Aftertreatment Delete Pipes Exhaust Aftertreatment Delete Pipes Delete Package (EGR Delete Parts and Exhaust Aftertreatment Delete Pipes) Delete Package (EGR Delete Parts and Exhaust Aftertreatment Delete Pipes) LSOT00356 + 17 LSOT00588 Muffler & Cat Delete Exhaust Pipe + Coolant Filtration Filter Kit For 2003-2007 Ford F-250 F-350 Super Duty Powerstroke 6.0L Exhaust Aftertreatment Delete Pipes 18 LSOT00650 PCV Reroute And Resonator Delete Disable Kit For 2004.5-2010 Chevy GMC Duramax 6.6L Diesel LLY LBZ LMM Crankcase Ventilation Delete Hardware 19 LSOT00650B PCV Reroute And Resonator Delete Kit (Hose Included) For 2004.5-2010 Chevy GMC Duramax 6.6L Diesel LLY LBZ LMM Crankcase Ventilation Delete Hardware 20 LSOLGM007 EGR Valve Cooler Delete Kit For 2011-2015 GMC Chevy 6.6L V8 Duramax LML Diesel EGR Delete Parts 21 LSOT00642 6.6L Duramax Diesel LLY Cooler Cover Plate Kit For 2004.5-2005 Chevrolet Silverado 2500HD 3500 GMC Sierra 2500 HD EGR Delete Parts 22 LSOT001230 EGR Valve Cooler Delete Kit For 2007.5-2010 Chevy GMC LMM Duramax 6.6L Diesel EGR Delete Parts 23 LSOT00617 EGR Delete Kit High Flow Intake For 2004 2005 Chevy Silverado 2500HD/3500 LLY 6.6L GMC Sierra 2500HD/3500 Duramax Diesel EGR Delete Parts 5 EGR Delete Kit Upgraded High Flow Fits 2006.424 LSO2LGM006 2007 Chevy GMC 6.6L Duramax Diesel EGR Delete Parts 25 LSOT00336 EGR Delete Duramax Diesel High Flow Intake Inlet Pipe Kit Fits 2007-2010 GMC Chevy 6.6L EGR Delete Parts LSOT001009 + 26 LSOLGM007 High Flow Intake Elbow Intake Bridge Pipe Kit + EGR Valve Cooler Delete Kit For 2011-2015 GMC Chevy Duramax 6.6L LML EGR Delete Parts LSOLGM006 27 + LSOT00650 EGR Delete LBZ High Flow Intake Elbow Kit + PCV Reroute & Resonator delete Kit For 2006.4 2007 Chevy GMC 6.6L Duramax EGR Delete Parts 28 LSOT00586 29 & LSOT00586 + 30 LSOLGM007 Stainless Steel Exhaust Muffler Delete Pipe Fits 20112015 Chevrolet Silverado GMC Sierra 2500HD 3500HD 6.6L Duramax Diesel Exhaust Muffler Pipe & EGR Valve Cooler Delete Kit For 2011-2015 Chevy Silverado GMC Sierra 6.6L Duramax LML Diesel Exhaust Aftertreatment Delete Pipes Delete Package (EGR Delete Parts and Exhaust Aftertreatment Delete Pipes) 31 LSOT00598 EGR Valve Cooler Delete Kit For 2014- 2017 Dodge Ram 1500 V6 3.0L EcoDiesel EGR Delete Parts 32 LSOT00357B Red EGR Throttle Valve Delete Tube Kit For 20072017 Dodge Ram 6.7L Cummins Diesel EGR Delete Parts 33 LSOT00357 Black EGR Throttle Valve Delete Kit For 2007- 2017 Dodge Ram 6.7L Cummins Diesel Turbo EGR Delete Parts 34 LSOT00360 EGR Delete Kit For 2013-2018 Dodge Ram 3500 4500 5500 6.7L Diesel Cummins Cab & Chassis EGR Delete Parts 35 LSOT00354 EGR Delete Kit Fits Dodge Ram 2500 3500 6.7L L6 Cummins 2010 - 2014 Diesel EGR Delete Parts 36 LSOT00359 6.7L Cummins Diesel EGR Delete Valve Cooler Kit For 2010 -2012 Dodge Ram 2500 3500 EGR Delete Parts 37 LSOT00643 38 LSOT00647 EGR Delete Kit For 2007-2009 Dodge Ram 2500 3500 6.7L L6 Cummins Diesel Turbo EGR Delete and Valve Kit For 2013 - 2018 Dodge Ram 6.7L Cummins Diesel 6 EGR Delete Parts EGR Delete Parts 39 & LSOT00360 + 40 LSOT00357 41 & LSOT00357 + 42 LSOT00359 43 & LSOT00357 + 44 LSOT00643 45 LSOT00584 46 & LSOT00359 + 47 LSOT00584 48 & LSOT00354 + 49 LSOT00584 50 & LSOT00584 + 51 LSOT00360 EGR Delete Cooler Kit & Black Throttle Valve Delete Kit For 2013-2017 Ram 3500 Cab &Chassis 6.7L Cummins EGR Delete Valve Cooler Kit & Black EGR Throttle Valve Kit For 2010-2012 Dodge Ram 2500 3500 6.7L Cummins Diesel EGR Delete Valve Cooler Kit & Black EGR Throttle Valve Kit For 2007-2009 Dodge Ram 2500 3500 L6 6.7L Diesel Cummins EGR Delete Exhaust Straight Pipes Fits 2013 -2017 Dodge Ram 2500 3500 4500 5500 6.7L Cummins Diesel Muffler Pipe Delete Kit + EGR Delete Valve Cooler Kit For Dodge Ram 2500 3500 4500 5500 6.7L Cummins Diesel Truck EGR Delete Exhaust Pipes& EGR Cooler Throttle Valve Delete Kit Fits 2013 2014 Dodge Ram 2500 3500 6.7L L6 Cummins Diesel Muffler Pipe & EGR Delete Kit For 2013-2017 Ram 3500 4500 5500 6.7L Cummins Diesel EGR Delete Parts EGR Delete Parts EGR Delete Parts EGR Delete Parts Delete Package (EGR Delete Parts and Exhaust Aftertreatment Delete Pipes) EGR Delete Parts Delete Package (EGR Delete Parts and Exhaust Aftertreatment Delete Pipes) The Defeat Devices identified in Table 1each have a principal effect to bypass, defeat, or render inoperative devices or elements of design installed on or in a motor vehicle or motor vehicle engine in compliance with Title II of the CAA. EGR-Parts knew or should have known that these products were offered for sale or sold, to bypass, defeat, or render inoperative elements of design that control emissions of regulated air pollutants from motor vehicles or motor vehicle engines. EGR-Parts's advertising for many of the Defeat Devices offered for sale on its website prominently state in the product name, description, and/or posted customer product reviews that such products facilitate the removal, bypass, or "deletion" of a diesel truck's emission control devices or elements of design. Several examples of these statements published on EGR-Parts's website include the following excerpts: 7 Example 1: Example 2: 8 Example 3: 9 In sum, the EPA finds that EGR-Parts offers to sell, or causes the offer of sale, of easily identifiable Defeat Devices on its website. Enforcement EPA may bring an enforcement action for these violations, and other violations it identifies, under its administrative authority or by referring this matter to the United States Department of Justice with a recommendation that a civil complaint be filed in federal district court.15 Persons violating Section 203(a)(3)(B) of the Act, 42 U.S.C. 7522(a)(3)(B), are subject to an injunction under Section 204 of the Act, 42 U.S.C. 7523, and a civil penalty of up to $5,580 for each violation.16 Each part or component manufactured, sold, offered for sale, or installed in violation of Section 203(a)(3)(B) is a separate violation. 42 U.S.C. 7524(a). Note that EPA has not completed its investigation to identify and catalogue every Defeat Device offered for sale on EGR-Parts' website during the review timeframe of July 2023 to August 2023. Our investigation of EGR Parts' compliance with the CAA continues. Each Defeat Device sold is a separate violation subject to penalties under the CAA. Simultaneously with this Notice of Violation, the Agency 15 CAA 204 and 205, 42 U.S.C. 7523, 7524. 16 CAA 205(a), 42 U.S.C. 7524(a); 40 C.F.R. 19.4. 10 is issuing a Request for Information to EGR-Parts pursuant to Sections 114(a)(1) and 208(a) of the CAA, 42 U.S.C. 7414(a)(1) and 7542(a), to obtain sales and other information concerning the Defeat Devices identified in this Notice of Violation as well as information regarding additional product EGRParts has sold or offered for sale. EPA requests that you immediately cease sale of the 45 Defeat Devices identified above, as well as any other parts, tunes, or components capable of defeating, bypassing, or rendering inoperative any emission control systems or elements of design of motor vehicles. Thereafter, please provide the following statement, signed by an authorized company official: I hereby certify that, as of [DATE], all employees of Lone Star Auto Parts, d/b/a EGRParts.com, lone-star-auto-part, moonsport-auto-parts, and silverautoparts (EGR-Parts) , were instructed not to sell any parts, tunes, or components capable of defeating, bypassing, or rendering inoperative any emission control systems or elements of design on motor vehicles, and, to the best of my knowledge and belief, EGR-Parts has not manufactured or sold, or offered to sell, or installed any such parts since [DATE]. Please provide the requested certification, via courier service or overnight delivery, to: Mark J. Palermo Chief, Vehicle and Engine Enforcement Branch Office of Enforcement and Compliance Assurance United States Environmental Protection Agency 1200 Pennsylvania Avenue, NW William Jefferson Clinton Federal Building, Room 1109-B Washington, DC 20460 EPA is available to discuss this matter with you in further detail upon your request. Please contact Mark J. Palermo, Chief, Vehicle and Engine Enforcement Branch, within 15 days of receipt of this Notice of Violation. Mr. Palermo can be reached at (202) 564-8894 or palermo.mark@epa.gov. Sincerely, Greene, Mary E Digitally signed by Greene, Mary E Date: 2023.09.28 11:59:11 -04'00' Mary E. Greene, Director Air Enforcement Division United States Environmental Protection Agency 11 CERTIFICATE OF MAILING I, Nathan Dancher, certify that on this day I sent this Notice of Violation of the Clean Air Act, by certified mail, return receipt requested to: Lone Star Auto Parts d/b/a EGR-Parts.com, lone-star-auto-part, moonsport-auto-parts, and silverautoparts Jing Lin, Agent of Service 20444 Westfield Commerce Drive Katy, Texas 77449 And at the email address: Angel.lin.usa@gmail.com NATHAN Digitally signed by NATHAN DANCHER DANCHER Date: 2023.09.29 10:50:49 -04'00' _________________________________ Nathan Dancher Environmental Engineer Air Enforcement Division United States Environmental Protection Agency Dancher.nathan@epa.gov 12