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EPA Issues Enforcement Alert to Address Illegal Import of Hydrofluorocarbons into the United States & Is Increasing Civil and Criminal Enforcement Efforts

Posted by [email protected] on Sep. 8, 2024     

WASHINGTON – Sept. 6, 2024 the U.S. Environmental Protection Agency issued an Enforcement Alert regarding its work under the American Innovation and Manufacturing Act (AIM Act) to phase down production and consumption of hydrofluorocarbons (HFCs). The agency’s new alert provides information on common compliance issues observed with the importation of bulk HFCs and highlights recent civil and criminal enforcement actions. The alert is intended to help address the climate crisis and ensure that companies comply with the law and take the necessary steps to avoid potential EPA enforcement actions.

The AIM Act of 2020 mandates an 85 percent phasedown of HFCs from historic baseline levels by the year 2036 and authorizes the EPA to place limits on production and consumption (including imports), facilitate the transition to next-generation technologies, and minimize releases from equipment using HFCs while maximizing the re-use of existing HFCs. The alert highlights EPA’s recent pursuit of entities that sought to unlawfully import HFCs without the required allowances, submitted false or misleading information, or failed to report required information under the AIM Act.

So far in fiscal year 2024, EPA has completed nine civil settlements to resolve claims of unlawful imports of HFCs. The most recent settlements were against five companies. Each of these companies imported HFCs without allowances in violation of the AIM Act. The companies will pay civil penalties to resolve the alleged violations. In addition, criminal enforcement actions have also been taken.

The “EPA Targeting Illegal Imports of Hydrofluorocarbon Super-Pollutants to Combat Climate Change” enforcement alert is available on the EPA website. More information: 

 

 

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