EPA Requirements for Importers and Exporters



Regulatory Information By SectorEPA provides compliance assistance on a sector-by-sector basis in order to efficiently reach facilities with similar operations, processes or practices.? Most business sectors are affected by a number of major environmental statutes and regulations.We may not have web pages for every regulation that affects your business. Additional regulations not listed on these pages may apply. In addition, EPA has many voluntary and partnership programs to help businesses and organizations prevent pollution and protect the environment.AgricultureAgriculture: Crop Production and Animal Products (NAICS 111-112)AutomotiveAutomotive Sectors (NAICS 336, 4231, 8111)ConstructionConstruction (NAICS 23)Electric UtilitiesElectric Power Generation, Transmission and Distribution (NAICS 2211)Oil and GasOil and Gas Extraction (NAICS 211)TransportationTransportation and Warehousing (NAICS 48-49)Regulatory Information By TopicEPA develops and enforces regulations that span many environmental topics, from acid rain reduction to wetlands restoration. Each topic listed below may include related laws and regulations, compliance and enforcement information, and policies and guidance.AirCommon Air Pollutants (Lead, Particulate Matter, etc.)Ozone Layer ProtectionTransportationCross-cutting IssuesAsbestosLeadEmergency ManagementOil SpillsRisk Management Plans (RMP)Chemical ReportingPesticidesRegistrationEstablishments Land & CleanupSuperfundRCRA Corrective ActionUnderground Storage Tanks (USTs)Toxic SubstancesPolychlorinated Biphenyls (PCBs)Chemicals and SubstancesToxic Release Inventory (TRI)WasteSolid WasteHazardous WasteWaterDrinking WaterHydraulic FracturingMountaintop MiningEPA Requirements for Importers and ExportersPesticidesEPA regulates pesticides under the?Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).?FIFRA section 17?governs the?import?of pesticides and?devices?into, and the?export?of pesticides and devices from, the United States.?Ozone-Depleting SubstancesUnder?Title VI of the Clean Air Act, EPA regulates the import of?ozone-depleting substances?(ODS) into the United States. Requirements differ for virgin and used ODS, as well as for?Class I?and?Class II?ODS.Chemical SubstancesImport and Export Requirements under the Toxic Substances Control Act (TSCA)Mercury Export Ban of 2008Vehicles, Engines and FuelsImporting Vehicles and Engines to the U.S.WastesHazardous Waste Import RequirementsHazardous Waste Export RequirementsOther RequirementsGreenhouse Gas Reporting Program Requirements for Importers and Exports Pesticides and Devices Intended for ExportPesticides intended solely for export are not required to be registered provided that the exporter:Obtains and submits to EPA, prior to export, a statement from the foreign purchaser acknowledging that the purchaser is aware that the product is not registered in the United States and cannot be sold for use there. EPA sends these statements to the government of the importing country.Must be labeled "Not Registered for Use in the United States"Meet certain minimal labeling requirements, and must have certain labeling language in English and in the language(s) of the imported country(ies)Comply with FIFRA?establishment registration and production reporting?requirementsComply with FIFRA record keeping requirementsNote:?The enforcement policy for exports is codified at 40 CFR §§168.65,?168.75, and?168.85. Importation of Pesticides and DevicesAll pesticides and devices imported into the United States must:Comply with U.S. pesticide lawBe?registered?with EPA, except where exempted by regulation or statuteNot be adulterated or otherwise volatileProperly labeledProduced in an?EPA-registered establishment?that files annual reports with the Agency The importer must:Notify EPA of the arrival of imported pesticides and devices through the?Notice of Arrival form (EPA Form 3540-1)?prior to importation? Submit the form to the EPA regional office (attention of the Import Coordinator) applicable to the intended port of entryNote:?U.S. Customs and Border Protection?(CBP) regulations prohibit the importation of pesticides without a completed Notice of Arrival (NOA). The NOA indicates the identity and amount of the product, the arrival date, and where the product can be inspected. The EPA-reviewed and signed form is returned to the importer for presentation to CBP's district director at the port of entry. After arrival, EPA may inspect the shipment for compliance with U.S. pesticide laws.All persons or companies importing pesticides into the United States must first complete?EPA Form 3540-1. This form, which is presented to U.S. Customs at the time the pesticide is being imported, gives basic information on the chemical formulation of the product being imported, the names of the broker and shipper, the EPA registration number and other information. The purpose of Form 3540-1 is to ensure that all pesticide products being imported are registered for use in the U.S. If the product being imported is not registered for use in the U.S., it can still be imported under the following three circumstances:The chemical being imported is to be used for research or development purposes only,The product is being brought in for reformulation, orThe product is being temporarily held in the U.S. or is being transshipped or transported through the U.S. on its way to a destination outside of the U.S.?In this case, the product must be placed under a "redelivery bond" while it is in the U.S.Containers with small amounts of pesticide residue remaining in the container that are being brought back into the U.S. for refilling and reuse do require a Form 3540-1.While pesticide products being exported from the U.S. do not require a special EPA form, they still must meet certain requirements. Pesticide products being exported must meet certain EPA?labeling requirements, including a requirement for label wording in the language commonly used in the country to which the product is being sent (as outlined in 40 CFR 168.65 in the?Code of Federal Regulations).?Also, any company or person exporting a pesticide product that is not registered for use in the U.S. must first obtain a statement signed by the foreign purchaser prior to export. This statement acknowledges that the purchaser understands such pesticide product is not registered for use in the U.S. and cannot be sold in the U.S. TSCA Import & Export RequirementsTop of FormBottom of FormChemical Safety and Pollution Prevention?Pollution Prevention and Toxics?TSCA Import & Export RequirementsThis Web site provides general information on requirements under the Toxic Substances Control Act (TSCA) for persons who import and/or export chemical substances into and out of the United States. Various legal requirements under TSCA and associated implementing regulations can apply to a wide range of chemical substances and can impact importers and exporters.?Information on this Web site is not intended to provide importers and exporters with complete details of specific obligations under TSCA. In addition to reviewing the information posted on this Web site, importers and exporters should refer to the?TSCA statute, regulations and interpretive guidance.?Additional information may be obtained from EPA, or where appropriate for import issues, the?U.S. Bureau of Customs and Border Protection.?Read information on import and export requirements under EPA programs other than TSCA.Importing Vehicles and Engines into the United StatesTransportation & Air QualityImporting Vehicles and Engines Prior to importing motor vehicles, motor vehicle engines, heavy-duty on-highway engines, recreational vehicles (dirt bikes, ATVs, ORUVs, snowmobiles) and nonroad engines into the U.S., importers will need to become familiar with the applicable EPA emission regulations and requirements.The following links provide detailed information on EPA’s importation regulations and requirements:Learn About Importing Vehicles and EnginesPublications and FormsImporting Canadian VehiclesInformation for Independent Commercial Importers (ICIs)Certification GuidanceExporting United States Vehicles and EnginesNote – Short term travelers to the U.S. from Canada or Mexico may operate their own personal vehicles in the U.S. during their visit. Such vehicles are not subject to EPA emission standards and other requirements. Residents of Canada or Mexico who wish to bring their vehicles into the U.S. for extended periods of time should refer to?Section 2.2.5 -- "Temporary Vehicle Imports for Nonresidents"?found in this guide.Publications and FormsThe Procedures for Importing Vehicles and Engines into the U.S. Manual explains EPA regulations and requirements for importing motor vehicles, motor vehicle engines, heavy-duty on-highway engines, recreational vehicles (dirt bikes, ATVs, ORUVs, snowmobiles) and non-road engines into the U.S. Procedures for Importing Vehicles and Engines into the U.S.Read the shorter?Overview of EPA Import Requirements for Vehicles and Engines (PDF). This document provides a way to quickly identify the EPA requirements for imported vehicles and engines.Read the detailed?Procedures for Importing Vehicles and Engines into the United States (PDF).?This document provides comprehensive information on importing vehicles or engines.EPA Import Declaration FormsUse?EPA Standard Form 3520-1 to import passenger vehicles, highway motorcycles, and the corresponding engines into the U.S.Use?EPA Standard Form 3520-21 to import heavy-duty highway engines and nonroad engines (gas, diesel, marine, stationary) into the U.S. This form also applies for engines already installed in vehicles or equipment. Summary of Industry and Imports Codes found on EPA Imports Declarations Forms 3520-1 and 3520-21 TitleVolumeChapterBrowse PartsRegulatory?EntityTitle?40Protection of Environment1I1-49ENVIRONMENTAL PROTECTION AGENCY250-51352.01-52.1018452.1019-52.2019552.2020-52.2999653-59760.1-60.5499860 (Appendices)961-621063.1-63.5991163.600-63.11991263.1200-63.14391363.1440-63.61751463.6580-63.88301563.8980-63.120991664-711772-801881-841985-862087-952196-9922100-13523136-14924150-18925190-25926260-26527266-29928300-39929400-42430425-69931700-78932790-799331000-1099IV1400-1499ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF JUSTICEV1500-1599COUNCIL ON ENVIRONMENTAL QUALITYVI1600-1699CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARDVII1700-1799ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF DEFENSE; UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED FORCESVIII1800-1899GULF COAST ECOSYSTEM RESTORATION COUNCIL ................
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