Ensuring Compliant Filings For EPA Regulated Commodities In ACE Chicago Customs Brokers and Forwarders Association Chicago, Illinois 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency Objective “Making ACE work for you!” Ensure that Entry filings for commodities regulated by EPA are true and accurate when presented in the U.S. Customs and Border Protection’s Automated Commercial Environment [ ACE ] 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency Topics EPA-regulated Commodities Recognizing The Specifics Role of Key Parties Filing Preparation for Imports Messaging to Trade Tips and Summary Questions? 15 February 2019 U.S. Environmental Protection Agency

EPA-Regulated Commodities Statutory requirements built on risk to human health and the environment. Admissibility of EPA-regulated commodities are based on compliance with statutory requirements Filing will be a Certification Decleration Notification 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency EPA regulates the transboundary movement of the following commodities - Imports of Vehicles and Engines (CAA): Anything (other than aircraft) containing an internal combustion engine that moves or can be moved Over 40,000 Vehicle and Engines Declarations (small and large importers)/year Imports of Toxic Substances (TSCA): Certification of TSCA compliance for chemicals used in manufacturing About 1 million TSCA Import Certifications/year Imports of Pesticides (FIFRA): Screening pesticides for FIFRA compliance Over 35,000 Notices of Arrival for pesticide imports/year 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency EPA regulates the transboundary movement of the following commodities – [continued] Imports of Ozone depleting substances (CAA): Primarily refrigerants Over 700 Ozone Depleting Substances imports/year Exports of Hazardous waste (RCRA): Requirements on exports Over 4,000 Hazardous Waste shipments/year Exports of Chemicals of Concern (TSCA) Imports of plumbing pipes, fittings and fixtures (SDWA) 15 February 2019 U.S. Environmental Protection Agency

For Vehicles and Engines – What do the EPA Rules Cover? Non-Road Engines/engine-driven equipment (regardless of fuel) Motors Generators, pumps chainsaws, lawnmowers, etc. Construction and agricultural machinery (bulldozers, cranes, cement mixers, tractors, forklifts, etc.) Recreational vehicles (ATVs, snowmobiles, dirt bikes) Locomotive and marine applications 15 February 2019 U.S. Environmental Protection Agency

For Vehicles and Engines – What do the EPA Rules Cover? On-Road Motor Vehicles Cars Trucks Buses Motorcycles Scooters 15 February 2019 U.S. Environmental Protection Agency

Regulated Categories of Engines and Vehicles Non-road: Engines/engine-driven equipment (regardless of fuel) Engines (uninstalled) Small Gasoline (generators, pumps, chainsaws, lawnmowers, etc.) Large Gasoline (tractors, forklifts, exempt mini-vehicles, etc.) Diesel (all sizes, bulldozers, cranes, tractors, forklifts, pumps, generators, etc.) Recreational vehicles (ATVs, snowmobiles, dirt bikes) Marine gasoline and diesel Locomotives On-road: Motor vehicles Cars, buses, and trucks Motorcycles 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency Basic Requirements for Vehicles and Engines (Clean Air Act §§ 203, 206 & 213) EPA requires that all vehicles and engines (including imports) must be tested and certified by EPA EPA issues Certificates of Conformity (COCs) Certified vehicles or engines must bear a clearly displayed Emission Control Information (ECI) label Some exemptions or exclusions to certification requirements are allowed (ancient or racing vehicles, imports for export, testing, display) 15 February 2019 U.S. Environmental Protection Agency

Importing a Motor Vehicle or Engine An EPA importation declaration form (EPA Form 3520-1) must be submitted to the U.S. Customs and Border Protection for most vehicle importations by individuals (including motorcycles, disassembled vehicles, kit cars, light-duty vehicle/motorcycle engines).  [This form is not required for motor vehicles that are imported by their original manufacturer and are new and are covered by an EPA certificate of conformity and bear an EPA emission control label.]  One form per shipment may be used, with attachments including all information required to fully describe each vehicle or engine.  Off-road vehicles/engines and heavy-duty engines must use Form 3520-21 15 February 2019 U.S. Environmental Protection Agency

Current Problem Areas With Vehicle and Engine Imports Imported vehicle or engine never certified by EPA (no Certificate of Conformity issued) Certificate of Conformity is not renewed Vehicle or engine not built as certified Test data is not valid Inaccurate Information on vehicle or engine 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency Scooters 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency Pocket Bikes 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency Off-Road Motorcycles 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency Mini-Trucks 15 February 2019 U.S. Environmental Protection Agency

“Foreign” Domestic Market Vehicles 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency Jet Skis 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency Generators and Pumps 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency WHAT ??? 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency For Chemicals Subject to the Toxic Substances Control Act [TSCA] – What do the EPA Rules Cover? TSCA coverage very broad, covering lifecycle—from manufacture (including import) to disposal—of “… Any Organic or Inorganic Substance of a Particular Molecular Identity …” Applies to New Chemicals – substances and mixtures - prior to commercial manufacturing Applies to Existing Chemicals – substances and mixtures – under special orders or regulations 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency For Chemicals Subject to TSCA – What do the EPA Rules Cover? [continued] TSCA — Requires reporting of information and testing of chemicals Screens new chemicals before they enter commerce Controls against unreasonable risks from existing chemicals 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency For Chemicals Subject to TSCA – What do the EPA Rules Cover? [continued] TSCA was created to regulate all chemicals except those covered by other Federal laws already in existence — TSCA does not cover – Foods and Food Additives Drugs Cosmetics Pesticides Tobacco Firearms and Ammunition Certain Nuclear Materials 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency For Chemicals Subject to TSCA – What do the EPA Rules Cover? [continued] Certification — The importer of the chemical substance or chemical mixture or the authorized agent – “broker-filer’ – must certify, … by signing and filing with CBP one of the following statements: “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 thereunder.” “I certify that all chemical substances in this shipment are not subject to TSCA.” 15 February 2019 U.S. Environmental Protection Agency

Current Problem Areas With Chemicals Imported Under TSCA The chemical or chemicals in a mixture are not on the TSCA Chemical Inventory The chemical or chemicals in a mixture are being imported for a new use not allowed by TSCA The chemical or chemicals in a mixture are new chemicals that require a Premanufacture’s Notice and 90 day review prior to importation 15 February 2019 U.S. Environmental Protection Agency

For Pesticides and Devices – What do the EPA Rules Cover? Any chemical substance or mixture intended to – Prevent Destroy Repel Mitigate Against any pest is subject to FIFRA 15 February 2019 U.S. Environmental Protection Agency

For Pesticides and Devices – What do the EPA Rules Cover? [continued] Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant, and Any nitrogen stabilizer 15 February 2019 U.S. Environmental Protection Agency

For Pesticides and Devices – What do the EPA Rules Cover? [continued] Any Device which meets the following definition – “An instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom” Is subject to FIFRA 15 February 2019 U.S. Environmental Protection Agency

Pesticide Product Examples Herbicides and Fungicides… Some common things we might recognize as pesticides – Herbicides – weed killers fungicides

Pesticide Product Examples HERE ARE EXAMPLES OF ANTIMICROBIAL products that make pesticidal claims Notice how they claim to kill viruses and bacteria, disinfect or kill germs Here is a useful website that talks more about THE DIFFERENCES BETWEEN ANTIMICROBIAL AND cleaning products. https://www.epa.gov/pesticide-registration/determining-if-cleaning-product-pesticide-under-fifra

Pesticide Product Examples Mosquito Repellants, TOPICAL Flea and Tick treatments and shampoos                                                   view larger image

Device Examples Some common devices Sonic mole repellers, bug zappers, and ozone generator Website that is helpful https://www.epa.gov/pesticide-registration/pesticide-registration-manual-chapter-13-devices

Example of Illegal Pesticide Products CAT BE UNEMPLOYED contains a pesticide called “brodifacoum,” a highly toxic anticoagulant RODENTICIDE. Rat poision (DELETE SEE MY COMMENT). This illegal product as high as 60 times more concentrated active ingredient than the U.S. registered U.S. end use product containing the same active ingredient! THIS ILLEGAL PRODUCT HAS AS MUCH AS 60 TIMES THE AMOUNT OF ACTIVE INGREDIENT THAN A LEGALLY EPA REGISTERED END USE PRODUCT. It is highly lethal to children and pets. Fabuloso – antibacterial claims from Mexico (was this sold in the U.S.?)

Basic Regulatory Requirements of FIFRA All pesticides are required to be registered under the provisions of Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Except where exempted by statute or regulation All pesticides and devices must be labeled in accordance with FIFRA All pesticides and devices must be produced in an establishment that is registered with EPA under the Act and the establishment must be in compliance with its reporting obligations. 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency The Import Process Notice of Arrival An importer desiring to import pesticides or devices into the United States shall submit to EPA a Notice of Arrival [EPA Form 3540-1] prior to the arrival of the shipment in the United States. 15 February 2019 U.S. Environmental Protection Agency

Current Problem Areas With Pesticides Imported Under FIFRA The pesticide is not registered or does not meet its registration requirements for composition The pesticide is not properly labeled The pesticide was not produced in a registered foreign establishment The device is not properly labeled The device was not produced in a registered foreign establishment 15 February 2019 U.S. Environmental Protection Agency

eFiling - Automated Processing Goal: Streamline and improve the reporting/processing of legal imports/exports Paper to electronic reporting (Entry, Entry Summary Certified for release, Simplified Entry) –PGA Message Set, ABI Validations to automate reviews for many EPA-regulated commodities Electronic status messaging – IWS, ABI messages Underscore that this is our current technical vision showing the potential to use CDX and the Exchange Network to connect ACE to our backend systems and to host eforms for importers/companies to complete. This will be refined as we continue our collaboration with CBP’s technical staff and with our own program offices. Early indication of cargo clearance BEFORE it is loaded on a plane, truck, train, or ocean vessel.

Roles of Key Parties Importer/Exporter Software Vendor Broker/Filer Know what you need to file Be able to provide all required information to Broker/Filer Software Vendor Understand CBP and EPA CATAIR Information Program to meet CATAIR Standards Complete testing in CERT environment Broker/Filer Test internal systems for correct PGA Data to file for each pilot commodity Test in CERT environment

Filing Preparation for Imports What to file for imports Pesticides Notice of Arrival – DIS Image of the on-product Pesticide Label & PGA Message Set Vehicles and Engines (On-Road and Non-Road) – PGA Message Set Toxic Substances – PGA Message Set Construct message – Use latest CATAIR & other documents from: http://www.cbp.gov/trade/ace/catair#field-content-tab-group-tab-4

Filing Preparation for Imports (cont) Filing the Full ACE PGA Message Set for Imports? Electronic review of Entry, PGA Message Set Messages: ‘Reject’ (AX/SX) [File couldn’t be processed, Try Again ] ‘Accept’ (AX/SX) An EPA “Under Review” or “Hold Intact” (SO70) – Some EPA Data is missing or invalid An EPA “May Proceed” (SO70) – you have met filing requirements

Filing Preparation for Imports (cont) Filing in ACE Document Image System (DIS)? Tag it so both EPA and CBP can see the image Vehicles and Engines (EPA01 for form 3520-1; EPA02 for form 3520-21 and EPA05 for Exemption Letters) Pesticides (EPA03 for the Pesticides Notice of Arrival and EPA04 for the pesticide Label) TSCA (EPA06) Enter in the PGA Message Set Agency: EPA Program: Vehicles and Engines – VNE Pesticides – PS1, PS2, PS3 TSCA – TS1 Disclaim Code C

U.S. Environmental Protection Agency Messaging to Trade Status of CBP edit checks Status of pending PGA review Expected messages from EPA Release | May Proceed Invalid Information* Enforcement Hold / Intensive Provided in one message by CBP and EPA 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency Summary Moving from paper to eFiling NOA data in PGA Message Set Label image in DIS Automated validations Messaging to Trade Early indication if reporting requirements are met … or not Allows Trade to file corrections 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency For More Information Mario Jorquera, Vehicles / Engines & ACE: jorquera.mario@epa.gov Brian Dyer, Pesticides & ACE: dyer.brian@epa.gov Mark Seltzer, Toxic Substances & ACE: seltzer.mark@epa.gov Roy Chaudet, ACE & Office of Environmental Information: chaudet.roy@epa.gov David Star, U.S. EPA Region 5 Chemical Imports & ACE: star.david@epa.gov 15 February 2019 U.S. Environmental Protection Agency

U.S. Environmental Protection Agency Q & A 15 February 2019 U.S. Environmental Protection Agency