| Title: | EPA NON-ROAD ENGINE REQ. |
|---|---|
| Date: | 1996-10-22 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : LEO WELLS
SUBJECT : OGA-EPA NON-ROAD ENGINE REQ.
DATE : 10/22/96
6274111
OCTOBER 1, 1996
RES-1-FO:TC:I:E LW
CATEGORY: RES
TO: ALL PORT AND AREA DIRECTORS OF CUSTOMS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: CERTAIN IMPORTED NONROAD ENGINES AND NONROAD EQUIPMENT AND
VEHICLES CONTAINING SUCH ENGINES
PASS TO: ALL CUSTOMS NATIONAL IMPORT SPECIALISTS, IMPORT
SPECIALISTS, ENTRY OFFICERS, INSPECTORS AND IMPORTER
AND BROKER ASSOCIATIONS
PURSUANT TO THE CLEAN AIR ACT (42 USC 7401 ET SEQ.), EPA HAS
ISSUED SEVERAL FEDERAL REGISTER NOTICES (59 FR 31306, DATED
JUNE 17, 1994 AND 60 FR 34582, DATED JULY 3, 1995) REGARDING
THE NEW EPA IMPORT REQUIREMENTS FOR CERTAIN NONROAD ENGINES AND
NONROAD EQUIPMENT AND VEHICLES CONTAINING SUCH ENGINES. IN
ADDITION, CUSTOMS HAS ISSUED A JOINT REGULATION NOTICE
(61 FR 43960, DATED AUGUST 27, 1996) FOR ENFORCEMENT AND
COMPLIANCE PURPOSES. IN THIS REGARD, THE FOLLOWING OPERATIONAL
PROCEDURES WILL BE IMPLEMENTED IMMEDIATELY.
ACTIONS:
1. CUSTOMS ENFORCEMENT OF EPA NONROAD ENGINE IMPORT REQUIREMENTS
USE OF VOLUNTARY COMPLIANCE BY IMPORTERS
IN GENERAL, CUSTOMS WILL RELY ON VOLUNTARY COMPLIANCE ON THE PAR
OF IMPORTERS WITH RESPECT TO THESE NEW EPA NONROAD ENGINE IMPORT
REQUIREMENTS, I.E., CUSTOMS WILL NOT ASK TO REVIEW THE APPLICABL
EPA FORM PRIOR TO CUSTOMS RELEASE OF THE GOODS (SEE ITEM 3(A)
UNDER "INFORMATION ON NONROAD ENGINE IMPORT PROGRAM" BELOW) NOR
ROUTINELY INSPECT FOR EPA LABELING COMPLIANCE FOR NONROAD ENGINE
IMPORTATIONS.
HOWEVER, AN IMPORTER SHOULD BE AWARE THAT CUSTOMS MAY REQUIRE AT
A LATER STAGE OF THE ENTRY PROCESS THAT THE APPLICABLE EPA FORM
NEEDED TO BE COMPLETED AND KEPT ON FILE BY SUCH IMPORTER BE
PROVIDED TO CUSTOMS AT THAT TIME FOR POST-REVIEW PURPOSES.
CUSTOMS ALSO HAS THE RIGHT TO DEMAND PHYSICAL INSPECTION OF THES
IMPORTATIONS FOR ANY CUSTOMS ENFORCEMENT PURPOSE INCLUDING
VERIFICATION OF ANY APPLICABLE EPA LABELING NEEDED FOR THE GOODS
2. EPA FORM 3520-21 (NOT TO BE FILED WITH CUSTOMS ENTRY)
TO REITERATE, THE REQUIRED EPA FORM 3520-21 TO BE COMPLETED
FOR IMPORTATION OF CERTAIN NONROAD ENGINES AND NONROAD EQUIPMENT
AND VEHICLES CONTAINING SUCH ENGINES SHOULD NOT BE SUBMITTED
TO CUSTOMS FOR ENTRY RELEASE PURPOSES (SEE ITEM 3(A) UNDER
"INFORMATION ON NONROAD ENGINE IMPORT PROGRAM" IN THIS REGARD).
3. EPA'S FAXBACK (TELEFAX) SYSTEM
PLEASE NOTE THAT EPA HAS A FAXBACK (TELEFAX) SYSTEM IN
OPERATION TO PROVIDE IMPORTERS AS WELL AS CUSTOMS OFFICERS
WITH ADDITIONAL WRITTEN INFORMATION ABOUT THIS NEW IMPORT
PROGRAM (SEE ITEM 7 UNDER "INFORMATION ON NONROAD ENGINE
IMPORT PROGRAM" RELATING TO THIS SYSTEM).
INFORMATION ON NONROAD ENGINE IMPORT PROGRAM
1. NEW EPA CERTIFICATION AND LABELING REQUIREMENT
EPA REGULATION OF CERTAIN NONROAD ENGINES BEGAN ON JANUARY 1,
1996.
ADDITIONAL REGULATION OF NONROAD ENGINES WILL BE IMPLEMENTED OVE
TIME UNTIL ALL COMPRESSION IGNITION ENGINES GREATER THAN 37 KW
(50 HP) BECOME REGULATED BY JANUARY 1, 2000 AND SPARK IGNITION
ENGINES LESS THAN 19 KW (25 HP) BY SEPTEMBER 1, 1997, SUBJECT TO
CERTAIN EXCEPTIONS. THIS INCLUDES BOTH NONROAD ENGINES AND
NONROAD
ENGINES INCORPORATED INTO NONROAD EQUIPMENT OR NONROAD VEHICLES.
THE FOLLOWING COMPRESSION IGNITION NONROAD ENGINES ARE SUBJECT T
EPA CERTIFICATION AND LABELING REQUIREMENTS (IF THEY USE DIESEL,
COMPRESSED NATURAL GAS (CNG), LIQUIFIED PETROLEUM GAS (LPG),
PROPANE, RAPESEED, METHANOL, ETHANOL, HYDROGEN, BIODIESEL,
REFORMULATED GAS (RFG), COAL-DERIVED FUELS OR OTHER ALTERNATIVE
FUELS):
A. GREATER THAN OR EQUAL TO 130 KW (175 HP) BUT LESS THAN OR
EQUAL
TO 560 KW (750 HP) MANUFACTURED AFTER JANUARY 1, 1996;
B. GREATER THAN OR EQUAL TO 75 KW (100 HP) BUT LESS THAN 130 KW
(175 HP) MANUFACTURED AFTER JANUARY 1, 1997;
C. GREATER THAN OR EQUAL TO 37 KW (50 HP) BUT LESS THAN 75 KW
(100 HP) MANUFACTURED AFTER JANUARY 1, 1998;
D. GREATER THAN 560 KW (750 HP) MANUFACTURED AFTER JANUARY 1,
2000.
THE FOLLOWING SPARK IGNITION NONROAD ENGINES ARE SUBJECT TO EPA
CERTIFICATION AND LABELING REQUIREMENTS (IF THEY USE GASOLINE,
METHANOL, COMPRESSED NATURAL GAS, LIQUID PETROLEUM GAS, INCLUDIN
PROPANE OR OTHER ALTERNATIVE FUELS):
LESS THAN OR EQUAL TO 19 KW (25 HP) MANUFACTURED AFTER
SEPTEMBER 1, 1997.
2. PRODUCTS AND HTS NUMBERS COVERED BY NONROAD ENGINE
REQUIREMENTS
NONROAD ENGINES MAY BE INCORPORATED INTO MANY KINDS OF EQUIPMENT
AND VEHICLES. A PARTIAL LIST OF IMPORTATIONS THAT MAY CONTAIN
NONROAD ENGINES IS LISTED BELOW (FOR OFF-ROAD MOTORCYCLE AND
MULTI-PURPOSE VEHICLES, SEE EPA FORM 3520-21, CATEGORY 6;
RACING VEHICLES, SCOOTERS AND MOPEDS MUST BE DECLARED ON
EPA FORM 3520-1):
8407.32 PISTON ENGINES 50 CC - 250 CC
8407.33 PISTON ENGINES 250 CC - 1000 CC
8407.34 PISTON ENGINES GREATER THAN 1000 CC
8407.90.10 OTHER AGRICULTURAL OR HORTICULTURAL ENGINES
8408.20.10 TRACTOR ENGINES
8408.20.20 VEHICLE ENGINES
8408.20.90 OTHER ENGINES
8408.90.10 OTHER AGRICULTURAL OR HORTICULTURAL ENGINES
8408.90.90 OTHER ENGINES
8413.40.00 CONCRETE PUMPS
8413.50.00 RECIPROCATING POSITIVE DISPLACEMENT PUMPS
8413.60.00 ROTARY POSITIVE DISPLACEMENT PUMPS
8414.40.00 WHEELED AIR COMPRESSORS
8414.80 AIR/VACUUM PUMPS, COMPRESSORS, FANS
8419.89.9085 AIRPORT DE-ICING EQUIPMENT
8424.30.30 SAND BLASTERS
8424.20 SPRAYERS
8424.81 SPRAYERS
8425 WINCHES AND HOISTS
8426 CRANES
8427 FORKLIFTS
8428 LIFTING, HANDLING, LOAD/UNLOADING MACHINERY
8429 BULLDOZERS, ETC.
8430 EARTHMOVING, SNOWBLOWERS, ETC.
8432 SOIL PREPARATION OR CULTIVATION MACHINERY
8433 MOWERS, BALERS, ETC.
8436 AGRICULTURAL, HORTICULTURAL, FORESTRY, POULTRY-KEEPING,
BEEKEEPING MACHINERY
8459 MACHINE TOOLS FOR DRILLING, BORING, MILLING, THREADING,
TAPPING
8465 MACHINE TOOLS FOR WORKING WOOD, CORK, BONE, HARD RUBBER,
HARD PLASTICS, ETC.
8467.81.00 CHAIN SAWS
8467.89.50 GRASS AND WEED TRIMMERS, BRUSH CUTTERS
8474 AGITATORS, CEMENT AND MORTAR MIXERS, CRUSH/PROCESSING
EQUIPMENT
8479.10 PAVING EQUIPMENT
8502.11.00 ELECTRIC GENERATING SETS
8502.12.00 ELECTRIC GENERATING SETS
8502.13.00 ELECTRIC GENERATING SETS
8502.20.00 ELECTRIC GENERATING SETS
8502.30.00 ELECTRIC GENERATING SETS
8603 SELF-PROPELLED RAILWAY COACHES, VANS, TRUCKS
8604.00.00 SELF-PROPELLED RAILWAY MAINTENANCE VEHICLES
8701.10.00 PEDESTRIAN CONTROLLED TRACTORS
8701.20.00 TRACTORS FOR SEMIS
8701.30 TRACK-LAYING TRACTORS
8701.90 OTHER TRACTORS
8704.10 DUMPERS
8704.21 VEHICLES FOR TRANSPORT OF GOODS CL-GVW LESS THAN 5 TONS
8704.22 VEHICLES FOR TRANSPORT OF GOODS CL-GVW GREATER THAN
5 TONS BUT LESS THAN 20 TONS
8704.23 VEHICLES FOR TRANSPORT OF GOODS CL-GVW OVER 20 TONS
8705 SPECIAL PURPOSE VEHICLES
8706.00.0575 CHASSIS WITH ENGINE
8706.00.10 CHASSIS WITH ENGINE FOR 8704 VEHICLES
8706.00.25 CHASSIS WITH ENGINE FOR 8705 VEHICLES
8706.00.30 CHASSIS WITH ENGINE FOR AGRICULTURAL TRACTORS
8706.00.50 CHASSIS WITH ENGINE FOR OTHER TRACTORS
8709 AIRPORT SERVICE VEHICLES
(NOTE: THE NONROAD ENGINE TYPE (COMPRESSION IGNITION OR SPARK
IGNITION) AND POWER RATING (KW OR HP) DETERMINE WHETHER AND
WHEN THE EPA REGULATIONS APPLY. FOR ON-ROAD VEHICLES AND
ENGINES, EPA FORM 3520-1 SHOULD BE CONSULTED.)
(NOTE ALSO THAT NEITHER OF THESE EPA FORMS IS PRESENTLY
REQUIRED FOR ENGINES USED TO PROPEL OR MANUFACTURED FOR USE IN
PROPELLING AN AIRCRAFT, LOCOMOTIVE OR MARINE VESSEL. HOWEVER,
LOCOMOTIVES AND MARINE ENGINES WILL BE INCLUDED IN A FUTURE
VERSION OF THE EPA FORM 3520-21.)
3. COMPLETION OF EPA FORM 3520-21 FOR IMPORTED NONROAD ENGINES
AND NONROAD EQUIPMENT AND VEHICLES CONTAINING NONROAD ENGINES
A. THE EPA FORM 3520-21, "IMPORTATION OF NONROAD ENGINES AND
NONROAD ENGINES INCORPORATED INTO NONROAD EQUIPMENT OR VEHICLES,
SUBJECT TO FEDERAL AIR POLLUTION REGULATIONS" MUST BE COMPLETED
BY THE IMPORTER AND RETAINED ON FILE BY HIM BEFORE MAKING A
CUSTOMS ENTRY FOR SUCH NONROAD ENGINES/EQUIPMENT/VEHICLES.
WITHOUT A COMPLETED EPA FORM 3520-21 ON FILE FOR THESE IMPORTED
PRODUCTS, CUSTOMS ENTRY IS NOT ALLOWED.
B. EPA HAS INDICATED TO US THAT AN IMPORTER MAY USE A SINGLE
EPA FORM 3520-21 TO ENTER MULTIPLE ENGINES FOR A PARTICULAR
SHIPMENT, IF EACH ENGINE IS INDIVIDUALLY DESCRIBED AS IN SUCH
FORM, ON AN ATTACHMENT THERETO.
ALL OF THE INFORMATION LISTED BELOW MUST BE PRESENT, AS REQUIRED
FOR INDIVIDUAL ENGINES DECLARED ON ONE EPA FORM 3520-21, IN ORDE
TO FILE ONE SUCH EPA FORM FOR A MULTIPLE ENGINE SHIPMENT:
- PORT CODE
- CUSTOMS ENTRY NUMBER AND DATE OF ENTRY
- ENGINE MODEL, MODEL NUMBER AND SERIAL NUMBER
- ENGINE KILOWATT (KW) OR HORSEPOWER (HP) RATING
- ENGINE BUILD DATE (STAMPED ON ENGINE)
- ENGINE MANUFACTURER
- DESCRIPTION OF EQUIPMENT OR VEHICLE CONTAINING THE NONROAD
ENGINE, INCLUDING SERIAL NUMBER
4. EXCEPTIONS TO NONROAD ENGINE REQUIREMENTS
THE EPA NONROAD ENGINE REQUIREMENTS ARE SIMILAR TO THOSE OF THE
EXISTING ON-ROAD VEHICLE PROGRAM (AS SPECIFIED IN EPA FORM
3520-1) WITH CERTAIN EXCEPTIONS, INCLUDING THE FOLLOWING:
A. INDEPENDENT COMMERCIAL IMPORTERS (ICI) MAY ONLY IMPORT LARGE
COMPRESSION IGNITION NONROAD ENGINES (SUCH AS CONSTRUCTION
EQUIPMENT, COMPRESSORS, GENERATORS, ETC.). THEY MAY NOT IMPORT
SMALL SPARK IGNITION NONROAD ENGINES. ICI ELIGIBILITY TO IMPORT
ON-ROAD VEHICLES AND ENGINES REMAINS UNCHANGED.
B. A ONE-TIME PERSONAL USE EXEMPTION IS AVAILABLE FOR THREE
OR FEWER SMALL NONROAD SPARK IGNITION ENGINES (PRIMARILY LAWN
AND GARDEN EQUIPMENT SUCH AS LAWNMOWERS, WEED TRIMMERS OR
CHAINSAWS). NO PERSONAL USE EXEMPTION IS ALLOWED FOR LARGE
COMPRESSION IGNITION NONROAD ENGINES.
C. THREE SPECIFIC ENGINE CATEGORIES ARE NOT SUBJECT TO EPA
NONROAD EMISSION REQUIREMENTS:
1. ENGINES DESTINED FOR STATIONARY USE (CATEGORY 8 ON
EPA FORM 3520-21).
2. ENGINES DESTINED FOR UNDERGROUND MINING USE (CATEGORY 9
ON EPA FORM 3520-21).
3. ENGINES TEMPORARILY IMPORTED FOR EXPORT (CATEGORY 12 ON
EPA FORM 3520-21).
D. SMALL ENGINES USED IN A NONROAD RECREATIONAL VEHICLE ARE
EXEMPTED FROM EPA EMISSION REQUIREMENTS PROVIDED THAT:
- THE ENGINE IS LESS THAN OR EQUAL TO 19 KW (25 HP),
- THE ENGINE HAS RATED SPEED 5,000 RPM OR GREATER, AND
- THE ENGINE HAS NO INSTALLED SPEED GOVERNOR.
5. FILING OF EPA FORMS FOR OTHER VEHICLES
IMPORTERS OF VEHICLES THAT ARE CAPABLE OF BEING OPERATED ON
PUBLIC ROADS INCLUDING MOTORCYCLES, SCOOTERS AND RACING
VEHICLES MUST CONTINUE TO COMPLETE THE EPA FORM 3520-1. OFF-
ROAD VEHICLES THAT ARE NOT SUBJECT TO THE EPA NONROAD
REQUIREMENTS MAY BE IMPORTED USING EPA FORM 3520-21, CATEGORY 5,
AND MUST HAVE ATTACHED PROOF THAT THE VEHICLE LACKS SAFETY
OR OTHER FEATURES REQUIRED FOR SAFE AND PRACTICAL STREET
OPERATION.
6. VARIOUS CATEGORIES OF IMPORTATION/EPA LABELING
REQUIREMENTS.
A. IN REVIEWING THE NEW EPA FORM 3520-21 IT SHOULD BE NOTED
THAT BOXES 1 THROUGH 15 COVER THE FOLLOWING IMPORT CATEGORIES:
- IMPORTS BY NONROAD ENGINE MANUFACTURERS
- IMPORTS OF U.S. CERTIFIED NONROAD ENGINES
- IMPORTS OF NONROAD ENGINES "IDENTICAL TO U.S. CERTIFIED
ENGINES"
- PERSONAL USE EXEMPTION IMPORTS
- HARDSHIP EXEMPTION IMPORTS
- UNREGULATED NONROAD COMPRESSION IGNITION/SPARK IGNITION
ENGINES
- COMPETITION EXCLUSION IMPORTS
- STATIONARY USE IMPORTS
- UNDERGROUND MINING USE IMPORTS
- RECREATIONAL VEHICLE ENGINE IMPORTS
- TEMPORARY IMPORTS INVOLVING REPAIR OR ALTERATION; TESTING:
OR DISPLAY
- EXPORT EXEMPTION IMPORTS
- FOREIGN DIPLOMAT/MILITARY EXEMPTION IMPORTS
- NONRESIDENT EXEMPTION IMPORTS
- INDEPENDENT COMMERCIAL IMPORTERS (ICI) IMPORTS
B. SPECIAL EPA SPECIFIC LABELING, WHERE REQUIRED, IS INDICATED
ON THE EPA FORM 3520-21, E.G., FOR IMPORTED "U.S. CERTIFIED
NONROAD ENGINES". TO SUPPORT THIS CERTIFICATION ON THE EPA FORM
3520-21 THERE SHOULD BE AN ENGINE MANUFACTURER'S EMISSION LABEL
ON THE NONROAD ENGINE OR ELSEWHERE ON THE NONROAD VEHICLE OR
EQUIPMENT OR A LETTER FROM THE ENGINE MANUFACTURER ATTACHED TO
SUCH EPA FORM STATING THAT THE ENGINE MEETS ALL U.S. EMISSION
REQUIREMENTS.
7. IMPORTER INFORMATION AVAILABLE ON EPA TELEFAX SYSTEM
EPA HAS CREATED A NEW IMPORT FORM, THE EPA FORM 3520-21, FOR
USE BY IMPORTERS IN CONNECTION WITH THIS EPA NONROAD ENGINE
PROGRAM. THIS FORM AND EPA'S "GUIDELINES FOR THE USE OF EPA
ENTRY FORM 3520-21" PROVIDES ADDITIONAL GUIDANCE FOR IMPORTERS A
WELL AS CUSTOMS OFFICERS. THESE GUIDELINES WILL BE UPDATED AS
NEEDED BETWEEN REVISIONS OF THIS EPA FORM. BOTH THIS FORM AND
THE GUIDELINES CAN BE OBTAINED BY THE IMPORTING PUBLIC AS WELL
AS CUSTOMS FIELD OFFICES BY TELEFAX FROM EPA'S FAXBACK SYSTEM
BY PHONING (202) 233-9660, 24 HOURS A DAY.
8. SUPPLY OF EPA FORM 3520-21 AT CUSTOMS AND EPA'S DISTRIBUTION
LOCATIONS
IMPORTERS MAY SECURE A SUPPLY OF THE EPA FORM 3520-21 FROM EPA'S
NATIONAL CENTER FOR ENVIRONMENTAL PUBLICATIONS AND INFORMATION
(NCEPI) BY PHONING (513) 489-8190. ALSO, IN THE NEAR FUTURE
CUSTOMS NATIONAL DISTRIBUTION CENTER IN INDIANAPOLIS WILL HAVE A
SUPPLY OF THESE FORMS ON HAND FOR DISTRIBUTION PURPOSES (PHONE:
(317) 290-3020, EXT. 1111). PLEASE ALSO NOTE THAT THIS FORM MAY
BE
XEROXED BY IMPORTERS AS AN ALTERNATIVE TO OBTAINING A PRINTED
SUPPLY OF THEM.
9. QUESTIONS ABOUT ISSUANCE
QUESTIONS BY THE IMPORTING PUBLIC CONCERNING THIS ISSUANCE SHOUL
BE DIRECTED TO EPA HEADQUARTERS, VEHICLE PROGRAMS AND COMPLIANCE
DIVISION, AT (202) 233-9660.
QUESTIONS BY CUSTOMS OFFICERS REGARDING THIS MATTER SHOULD BE
DIRECTED TO CUSTOMS HEADQUARTERS, TRADE COMPLIANCE DIVISION,
COMMERCIAL ENFORCEMENT, AT (202) 927-0771.
PHILIP METZGER