EPA Files First Complaint Under AIM Act Against HFC Importer

The EPA on April 10 filed a complaint against California engine lubricant seller USA Wholesale for illegally importing hydrofluorocarbons via a New Mexico port in 2022, marking the first time the agency has filed such a complaint under the American Innovation and Manufacturing Act of 2020, the agency announced.

EPA alleged that USA Wholesale tried to illicitly enter 34,480.3 pounds of "HFC-134a, which is a potent greenhouse gas." The agency said it issued a letter to CBP recommending the detention of the entry at the port of entry to the U.S., "and the HFCs were subsequently exported."

Under the complaint, EPA seeks an administrative law court ruling that the company's importation and failure to submit reports to the agency violate the AIM Act and imposition of civil penalties. The agency said since January 2022, EPA and CBP have denied entry to over 80 illegal HFC shipments, explaining that "importers must expend allowances to import HFCs" under the "HFC phasedown regulations."

In addition to barring the imports, "EPA is also using its enforcement authorities to target HFC importers that fail to accurately report their import quantities to EPA," the release said.