EPA A variety of laws and regulations govern import and export requirements for commodities, including vehicles and engines, fuels, ozone depleting substance, hazardous wastes, pesticides, and chemical substances, which may pose a risk to human health and the environment. The Environmental Protection Agency (EPA) works with the states, tribes, other federal agencies, and foreign governments to ensure compliance with laws governing the import and export of these materials. The EPA programs which regulate these imports and exports reported through ACE are:
- Office of Transportation and Air Quality – Vehicles and Engines
- Office of Air and Radiation – Ozone Depleting Substances, Hazardous Waste (Clean Air Act)
- Office of Pesticide Programs – Pesticides, Pesticidal Devices
- Office of Pollution Protection and Toxics – Chemicals and Chemical Substances under the Toxic Substances Control Act (TSCA)
Vehicles and Engines
Vehicles and Engines: On December 27, 2016, CBP issued a final rulemaking (81 FR 94974) to include a provision which aligns the exemption from filing 3520-21 for OEMs who are importing their own certified and labeled products with the same exemption allowed for OEMs for form 3520-1. Therefore, for stationary, non-road or heavy-duty engines including engines incorporated into vehicles or equipment that ARE covered by an EPA Certificate of Conformity.
EPA Import Declarations Form 3520-21
EPA Import Declarations Form 3520-21 covers the import of non-road, stationary, or heavy-duty highway engines, including engines installed in vehicles or equipment. It is also applicable for the import of recreational vehicles, and engines intended for installation in recreational vehicles.
- EPA Declarations Form 3520-21 is not required to be filled out or filed with CBP for stationary, non-road or heavy-duty engines including engines incorporated into vehicles or equipment that are imported by their OEM, and are new and are covered by an EPA certificate of conformity and bear an EPA emissions control label.
For stationary, non-road or heavy-duty engines including engines incorporated into vehicles or equipment that are NOT covered by an EPA Certificate of Conformity
- EPA Declarations Form 3520-21 is required to be filed with CBP for stationary, non-road or heavy-duty engines including engines incorporated into vehicles or equipment for all other exemptions covered by 3520-21.
The EPA declarations forms are required to be submitted to CBP as applicable. EPA does not require that either of the declaration forms ever be submitted to EPA except upon request. More information on EPA’s imports policies and procedures, including the declaration forms, can be found on EPA’s web site at: http://www.epa.gov/otaq/imports/forms-resources.htm
EPA Import Declaration Form 3520-1
EPA Import Declaration Form 3520-1 covers the importation of light-duty motor vehicles (including on-highway motorcycles, disassembled vehicles, kit cars, light-duty vehicle/on-highway motorcycle engines)
For light-duty motor vehicles that ARE covered by an EPA Certificate of Conformity
- EPA Declarations Form 3520-1 is not required to be filled out or filed with Customs and Border Protection (CBP) for light-duty motor vehicles that are imported by their OEM, and are new and are covered by an EPA certificate of conformity and bear an EPA emissions control label.
- EPA Declarations Form 3520-1 is not required to filled out or filed with CBP for non-chassis mounted engines to be used in a light-duty vehicle or a light-duty truck or motorcycle which are currently covered by an EPA certificate of conformity or will be covered by an EPA certificate prior to introduction to commerce ONLY if they are imported by their OEM.
For light-duty motor vehicles that are NOT covered by an EPA Certificate of Conformity
- EPA Declarations Form 3520-1 is required to be filed with CBP for light-duty motor vehicles that are imported, owned, and controlled directly by an OEM for all other exemptions covered by 3520-1.
EP3 – 3520-1 or -21 Disclaim flag A (Product is not regulated by this agency)
Ozone Depleting Substances, Hazardous Waste (Clean Air Act)
Pesticides, Pesticidal Devices
Pesticides, Pesticidal Devices: The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides the U.S. Environmental Protection Agency (EPA) with the authority to oversee the distribution, sale, and use of pesticides and pesticide devices. In accordance with the implementation of regulations in 40 CFR Parts 150-189, pesticides must be registered with EPA, unless they are exempt from registration under FIFRA. Imported pesticides must also be registered, except those that are exempt from regulation under FIFRA or that meet certain conditions specified in 40 CFR 152.30. All pesticides must be distributed with their label.
U.S. Customs and Border Protection (CBP) Regulations implement the import notification requirements for pesticides and devices under FIFRA section 17 (c). The provisions in 19 CFR 12.110-117 apply to registered pesticides, unregistered pesticides, and pesticide devices. The regulations require an importer, desiring to import pesticides or devices into the United States, to submit EPA Form 3540-1, Notice of Arrival of Pesticides and Devices (NOA), to EPA prior to the arrival of the shipment in the United States. On the NOA, importers must provide the registration status of the pesticide, the active ingredients and their percent composition, the quantity of the pesticide chemical, and additional required data. The PGA Message Set has been designed to allow importers to provide the required data elements electronically, expediting the filing process. An image of the
Pesticide Label must be submitted to the Document Image System prior to filing the PGA Message Set.
EP3 is the only acceptable declaration code for EPA Pesticides Entries. It specifically refers to the Certification Statement from EPA Form 3540-1.
- U.S. Customs and Border Protection (CBP) Regulations implement the import notification requirements for pesticides and devices under FIFRA section 17 (c). The provisions in 19 CFR 12.110-117 apply to registered pesticides, unregistered pesticides, and pesticide devices. The regulations require an importer, desiring to import pesticides or devices into the United States, to submit EPA Form 3540-1, Notice of Arrival of Pesticides and Devices (NOA), to EPA prior to the arrival of the shipment in the United States. On the NOA, Trade Services must provide the registration status of the pesticide, the active ingredients and their percent composition, the quantity of the pesticide chemical, and additional required data. The PGA Message Set has been designed to allow importers to provide the required data elements electronically, expediting the filing process. An image of the Pesticide Label must be submitted to the Document Image System prior to filing the PGA Message Set.
EP5 EPA Notice of Arrival of Pesticides and Devices. If “EP5” is used, the Remarks Code field is required, and the Remarks Text field is for further explanation
EP7 EPA Bond Policy Number.
Toxic Substances Control Act (TSCA)
TSCA: Under the Toxic Substances Control Act (TSCA), EPA has the authority to regulate the manufacture (including import), processing, use, distribution in commerce, and disposal of chemical substances and mixtures that present, or will present, an unreasonable risk to human health or the environment. Importers of chemicals in bulk or as part of mixtures are required to certify that their imported chemicals or mixtures are either in compliance with TSCA or not subject to TSCA. Please note that HTS codes that have been flagged are an initial indication that it is neither precise nor fully determinative of obligations for TSCA Certification. The filer is responsible for knowing when to certify.
The construction of an EPA PGA Message Set for TSCA Certification can be used to declare the positive or negative TSCA Certification Statement. The Certification Statements are as follows:
Positive – I certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA and that I am not offering a chemical substance for entry in violation of TSCA or any applicable rule or order under TSCA. Negative – I certify that all chemicals in this shipment are not subject to TSCA.
