Bulk Hydrofluorocarbons Require EPA Import Declaration

Importers (or the authorized agent filing on its behalf) are required to file electronically with the U.S. Environmental Protection Agency (EPA) for imports of bulk hydrofluorocarbons (HFCs), prior to the date of importation (40 CFR 84.31(c)(7)).  The American Innovation and Manufacturing (AIM) Act provides EPA with the authority to oversee the production and consumption of HFCs, which are highly potent greenhouse gases. Electronic filing is expected to be available on January 13, 2024.

All imports, regardless of value, must be reported no later than 5 days before the date of importation for truck, rail, air and other non-sea arrivals and 10 days before the date of importation for arrivals by sea. 

Additional Data Elements Required

In addition to standard shipping data elements, the EPA requires the following:

• CAS Number(s) of the HFC(s) imported and, for HFCs that are in a mixture, either the ASHRAE numerical designation of the refrigerant or the percentage of the mixture containing each HFC
• If importing HFCs for transformation or destruction, a copy of the non-objection notice issued consistent with 40 CFR 84.25
• If importing HFCs as a transshipment, a copy of the confirmation documenting the importer reported the transshipment consistent with 40 CFR 84.31(c)(3)(i)
• A certificate of analysis, if the certificate of analysis is not physically accompanying the shipment pursuant to 40 CFR 84.5(b)(1)(v)

What is an HFC?

Hydrofluorocarbons (HFCs) are potent greenhouse gases developed and manufactured as replacements for ozone-depleting substances. They are used in many of the same sectors where ozone-depleting substances have been used: refrigeration and air conditioning, fire suppression, solvents, foam blowing, aerosols, and semiconductor manufacturing. 

What is a bulk HFC?

The EPA defines a bulk HFC as an HFC listed as a regulated substance that is in a container [(e.g., cylinders, drums, International Organization for Standardization (ISO) tanks, small cans)] for the transportation or storage of that substance. Bulk HFCs must first be transferred from a container to another container, vessel, or piece of equipment in order to realize their intended use. All bulk imports are covered regardless of size. For example, an air conditioning recharge kit is a bulk substance because the contents must first be transferred to realize its intended use. Examples include service cans, disposable non-refillable cylinders, refillable cylinders, drums, ton tanks, and ISO tank containers.

A regulated substance contained in a manufactured product such as an appliance, an aerosol can, or a foam is not a bulk substance. The Allowance Allocation Program applies to bulk HFCs. Requirements regarding products and appliances containing HFCs fall under the Technology Transitions Program.

Harmonized Tariff Schedule Numbers Flagged for EPA Declaration

This information will be used by EPA to verify the identity of imported HFCs, whether an importer has sufficient allowances for a particular shipment of HFCs, or if the HFCs have prior approval for import under 40 CFR 84.25 in the case of HFCs imported for destruction or transformation or under 40 CFR 84.31(c)(3) in the case of HFCs imported for transshipment.

Additional Resources

FACT SHEET: Overview of Requirements for Importers of Hydrofluorocarbons (HFCs)

Regulatory Actions Allowance Allocation and Reporting 

Frequent Questions on the Phasedown of Hydrofluorocarbons

Federal Register :: Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program Under the American Innovation and Manufacturing Act