EPA Shows 'No Flexibility' on Upcoming Filing Requirements for HFCs, NCBFAA Says

The Environmental Protection Agency “showed no flexibility” on an upcoming requirement to submit entry data for imports of hydrofluorocarbons 14 days prior to importation (see 2109230054), despite concerns raised by the National Customs Brokers & Forwarders Association of America at a recent meeting with the agency, the trade group said in an emailed update.

Transit time is much less than 14 days for some shipments, and the product has often not even been purchased yet by that time, the NCBFAA told the agency. But the 14-day time frame “is a stated requirement in the final rule,” the EPA said, according to the NCBFAA. “Presumably, the agency’s intent is that a bulk HFC product by air/truck/rail will sit at the point of origin until ACE data is transmitted and the agency has 14 days to review it,” the broker association said. “If this is the case, it will require more coordination by the importer with the foreign exporter to hold the shipment for the specified period.”

The final rule, published Oct. 5, sets up a quota system that will eventually reduce HFC production and consumption by 85% by 2036. For now, the rule only applies to bulk shipments, not products containing HFCs, the NCBFAA said. EPA said the requirements apply to foreign-trade zone and bonded warehouse entry, “though clarification is needed on when the data set is required,” the NCBFAA said.

The NCBFAA also raised concerns around a new Chemical Abstracts Service (CAS) number data element required by the final rule. Brokers can’t program their systems until the EPA provides specific instructions to CBP, and “at this late date” -- implementation is Jan. 1 -- “it is next to impossible” to complete programming and provide guidance to vendors. “When RAC leaders asked about an initial period of ‘soft enforcement,’ EPA would not commit to any deviation from its plan,” the trade group said. “NCBFAA will continue to press this point as the deadline approaches and reality sets in.”

EPA said legislation passed last year imposed tight deadlines on the agency, “requiring the ‘rushed’ rulemaking process and leaving a lot of unanswered questions,” the NCBFAA said.