EPA Frequently Asked Questions (FAQ)

Owned by Sarai Sepulveda
Jul 08, 2024
8 min read

  • What about e-bikes?

    • If they are actually bicycles, limited to 25-30 mph, they do not need to be declared.

    • -Mario Jorquera

  • If drums are coming in and the invoice has a cas # then does this product require EPA HFC filing?

  • Like cas#-80-73-9

    • CAS # 80-73-9 seems to refer to 1,3-Dimethyl-2-imidazolidinone. This is not a regulated HFC, and so would not be covered by the HFC Phasedown regulations. Please note that, as always, importers of chemicals may need to comply with other laws and regulations, such as the Toxic Substances Control Act of 1976 ("TSCA").

    • -Pete Rodriguez, U.S. EPA HFC Phasedown program

  • Are these appliances that are manufactured here in the US regulated as well by the AIM Act/ EPA?

    • Yes, domestically manufactured and imported products and equipment that use HFCs in the covered sectors (aerosols, foams, refrigeration, air conditioning, and heat pumps) are regulated by the Technology Transitions final rule. You can see the final rule here, http://www.federalregister.gov/d/2023-22529.

    • Allison Cain, U.S. EPA, HFC Technology Transitions Program

  • What about trailers? Like food trailers?

    • VNE: Food trailers do not need to be declared unless they have engines to power the refrigerator or a generator.

    • HFC: Food trailers that have refrigeration units that happen to have refrigerant gas in the system already would be said to be "pre-charged" with refrigerant gas. For this reason, an importer would not need HFC consumption allowances to import a trailer. If the trailer contained stand-alone cylinders of bulk HFC gas, the importer would need consumption allowances to import those cylinders into the U.S.

    • -Mario Jorquera, Pete Rodriguez, U.S. EPA HFC Phasedown program

  • If the EPA VNE message set is filed through ACE, should the EPA form also be uploaded via DIS?

    • The EPA form does not have to be uploaded if all the information is in ACE.

    • -Mario Jorquera

  • I was under the impression that electric vehicles that are not hybrids do NOT require EPA data. But recently I heard that electric vehicles are regulated, can you please confirm? And if so, why?

    • The Clean Air Act requires that all motor vehicles, regardless of power source, be certified by EPA in order to be imported. Motor vehicles are defined as those that can be used on public roads and highways. This includes all electric cars, trucks, buses, and motorcycles.

    • -Mario Jorquera

  • Would a can of AC recharge be considered a bulk HFC? There's been some confusion about that.

  • If the IOR does not notify in the 5 to 10-day window prior to importation, will the shipment be refused by EPA/CBP?

    • Under the HFC phasedown regulations, brokers must file with 5 or 10 days of advance notice, depending on the mode of transportation. Once the shipment receives a may proceed, however, the importer may take possession of the goods.

    • -Pete Rodriguez, U.S. EPA HFC Phasedown program

  • What about US-exported vehicles that are being returned to the US? Any exemptions or different rules for US-made vehicles?

    • U.S. Goods returning are subject to the same declaration requirements as those that have never been in the U.S. However U.S. vehicles would be certified and thus eligible for entry.

    • -Mario Jorquera

  • For example, a forklift truck that was refurbished in Mexico for minor reparations such as paint, maintenance, tires, lights, etc.

    • Such a forklift would still need to be declared upon importation.

    • -Mario Jorquera

  • What are some of the common issues you see with transmissions to EPA from Customs Brokers?

    • VNE: Mostly incomplete or erroneous information.

    • HFC: Mostly brokers have been doing a great job. We've seen a few brokers use incorrect HTS codes to import bulk HFCs. We've also seen a couple of brokers that needed to update their software to properly file the HFC PGA message set.

    • -Mario Jorquera, Pete Rodriguez, U.S. EPA HFC Phasedown program

  • When issues in transmission happen (engine info), we are being told that EPA will NOT update for the may proceed if they fix from their side. Is that still in effect?

    • EPA enforcement staff is small and fixing errors in ACE just to get a "May Proceed" for goods released by CBP is not considered a productive use of their time. So yes, this is still in effect for V&E only.

    • -Mario Jorquera

  • I have been sending emails to the general EPA email for HFC…but not on DIS…the email we are using is HFCAllocation@epa.gov. Do we need to submit both to the email and to DIS to be in compliance?

    • I've replied to a similar question below, so pasting much of that response here: For the most common types of HFC imports, the broker must complete the PGA message set and upload a copy of the "certificate of analysis" (CoA) into DIS. Uploading a copy of that document is not optional. It helps EPA ensure that the chemical being imported is what the IOR claims. If the IOR falls into a few (very rare) alternate workflows (e.g. importing HFCs to destroy them), the broker may be required to upload additional documents into DIS. See the HFC filing tip sheet for more: https://www.cbp.gov/document/fact-sheets/ace-tips-filing-epa-hfcs . If you have questions about a particular shipment, please email HFCAllocation@epa.gov.

    • -Pete Rodriguez, U.S. EPA HFC Phasedown program

  • Will these forms be updated? They show they are expired.

    • Updating the paper forms is not a priority since all filers are encouraged to use electronic declarations through ACE.

    • -Mario Jorquera

  • Is there an EPA exemption for vehicles over a certain age?

    • Yes. Unmodified vehicles older than 21 years are eligible for importation without being certified. For DOT, however, it is 25 years.

    • -Mario Jorquera

  • As a broker, how would we know? We almost never see the freight

    • True, but the importer has seen the freight. This information is provided so that you can help your clients avoid importing illegal goods.

    • -Mario Jorquera

  • What happens to the shipment when the allowance holder does not have enough allowances? I believe you were going to explain that, but that's when the mic cut out. What steps does the IOR need to take when the HFC's entry is rejected?

    • If the allowance holder does not have enough allowances for the import shipment, the shipment will be rejected. If this happens, the IOR should email HFCAllocation@epa.gov and ask for guidance concerning the next steps.

    • -Pete Rodriguez, U.S. EPA HFC Phasedown program

  • If we use the full ACE message set, does the form need to be uploaded into DIS?

    • VNE: No. Forms are not needed in DIS if all information is provided in ACE.

    • HFC: For the most common types of HFC imports, the broker must complete the PGA message set and upload a copy of the "certificate of analysis" (CoA) into DIS. Uploading a copy of that document is not optional. It helps EPA ensure that the chemical being imported is what the IOR claims. If the IOR falls into a few (very rare) alternate workflows (e.g. importing HFCs to destroy them), the broker may be required to upload additional documents into DIS. See the HFC filing tip sheet for more: https://www.cbp.gov/document/fact-sheets/ace-tips-filing-epa-hfcs

    • -Mario Jorquera, Pete Rodriguez, U.S. EPA HFC Phasedown program

  • What about a core engine, its stripped down and sent back to the US to be remanufactured…

    • EPA defines an engine as a block with a crankshaft installed. So, if the core has a crankshaft, it must be certified, unless it is only a temporary imports for repair.

    • -Mario Jorquera

  • We are seeing a lot of EPA review responses, that never get resolved.. and when we follow up on them we used to get an email that said EPA proceed, but now we are being told not to do that.. So, the entries remain on EPA review…

    • EPA enforcement staff is small and fixing errors in ACE just to get a "May Proceed" for goods released by CBP is not considered a productive use of their time. So yes, this is still in effect for V&E only.

    • -Mario Jorquera

  • For electric vehicles on form 3520 no option is mentioned to tick mark....so what type of engine should we use for the electric vehicle

    • Code B, U.S. Certified

    • -Mario Jorquera

  • What will be the correct engine family name for electric vehicles or is there any exemption code that we can use for EVs?

    • The correct engine family name (actually Test Group Name) will be on the Emission Control Information label on the vehicle if it is EPA-certified.

    • -Mario Jorquera

  • Before importing an electric vehicle should it be pre-approved or after importing we can apply for an EPA permit

    • If the vehicle is EPA-certified, then no pre-approval is needed. The vehicle manufacturer does that through certification. It is not feasible for the importer to do it.

    • -Mario Jorquera

  • What about golf carts? - is EPA required for gas type and if electric is it exempted?

    • Correct. Golf carts with gas engines have to be EPA-certified and declared. Electric golf carts can be disclaimed using Code A -Product not regulated.

    • -Maria Jorquera

  • What is the process for adding an IOR #?

  • Are electric bikes EPA-regulated?

    • No.

    • -Mario Jorquera

  • Are there plans to report Technology Transitions rules through a PGA message set?

    • No, EPA is not planning to create a new PGA message set or modify an existing message set to collect additional data on imports relevant to the Technology Transitions regulations.

    • - Pete Rodriguez, U.S. EPA HFC Phasedown program

  • Are electric cars subject to EPA regulations? Lithium-ion batteries can be highly toxic, and the environmental impact of sourcing materials for electric vehicles, particularly through mining, is significant.

    • Electric cars must be EPA-certified. Mining and vehicle manufacturing are regulated separately by EPA.

    • -Mario Jorquera

  • It is important to mention that the HFC allowances are associated with a specific importer number and that number must be used when filing the entry (not in the PGA screen, the entry itself), or the entry will not accept. We ran into an issue with an importer that had suffixes on their IRS number, but the allowances were not under the suffix.

    • This is true.

    • - Pete Rodriguez, U.S. EPA HFC Phasedown program

  • Are golf cars or those kinds of vehicles regulated by the EPA?

    • Gasoline golf carts must be declared because they have engines. Electric golf carts can be disclaimed using Code A.

    • -Mario Jorquera

  • Does the broker need to file anything in ACE at entry under the TTT rule?

    • No. EPA is asking that brokers generally leave a descriptive text in the "cargo description" field that describes the product or equipment and the HFC or alternative being used (e.g. "household refrigerator, HFC-152a"), but that is general guidance. EPA is not releasing a specific PGA message set for the TT regulations or otherwise asking brokers to change their workflows.

    • -Pete Rodriguez, U.S. EPA HFC Phasedown program

  • Electric bicycles for the road would be regulated?

    • Electric bicycles limited to 25-30 mph are not regulated by EPA.

    • -Mario Jorquera