Government Shutdown Affecting EPA Imported Vehicle Compliance Determinations, Paper NOA Handling

The partial federal government shutdown is preventing the Environmental Protection Agency's review of vehicle import compliance and paper notices of arrival for pesticides. "EPA personnel are not excepted from the shutdown for the purpose of making compliance determinations or otherwise advising CBP on the compliance of any such vehicles and engines," according to one automatic response from an EPA employee contacted by email. "In the case of any urgent need for CBP to discuss a matter with the EPA regarding the importation of vehicles and engines subject to the Clean Air Act, please contact Evan Belser at belser.evan@epa.gov or 202-564-6850. Mr. Belser is the Chief of the Vehicle and Engines Enforcement Branch at EPA HQ, and is excepted for the limited purpose of managing any such correspondence."

The National Customs Brokers & Forwarders Association of America said some members have seen issues with EPA approvals of pesticides. During the shutdown, "paper NOAs submitted by importers/brokers will not be handled/reviewed by EPA personnel," the EPA said in a guidance relayed by the NCBFAA. "The importer or the importer's agent may instead file the EPA Pesticides ACE PGA Message Set data (and upload an image of the pesticide's on-product label through [Document Image System (DIS)] alongside entry documentation in ACE. A successful filing through the PGA Message Set will trigger a 'may proceed' message to CBP via ACE. Barring any other admission issues, CBP will release the shipment."

Processing of pesticide imports was a major issue during the 2013 government shutdown because paper NOAs were required (see 13101002). CBP in 2016 updated its rules to allow for an electronic alternative to the NOAs through ACE (see 1609290029). The EPA's government contingency plan doesn't detail the agency's import-related functions during the shutdown.