SELLER AND BUYER ACKNOWLEDGEMENT
U.S. Customs and Border Patrol (seller) affirms that the sale, transfer, or distribution of refrigerants subject to regulation under Title VI of the Clean Air Act, 42 U.S.C. §§ 7671–7671q, and the implementing regulations of the United States Environmental Protection Agency (EPA) at 40 C.F.R. Part 84, shall be made only to purchasers that are properly EPA-certified allowance holders.The registered bidder affirms that the sale, transfer, or distribution of regulated HFCs or blends containing regulated HFCs subject to regulation under the American Innovation and Manufacturing Act, 42 USC 7675 and the implementing regulations of the United States Environmental Protection Agency (EPA) at 40 C.F.R. Part 84, shall be made only to purchasers that possess HFC consumption allowances.
The purchaser hereby represents and warrants that:
- It possesses the requisite number of HFC consumption allowances for the applicable calendar year to cover the applicable quantity of regulated HFCs or blends containing regulated HFCs either having been issued consumption allowances directly by EPA, or having been the recipient of an EPA-approved inter-company transfer of HFC consumption allowances;
- It shall observe, track, and manage its allowances in accordance with all applicable EPA regulations;
- It shall abide by all applicable requirements of the implementing regulations at 40 C.F.R. Part 84, including but not limited to recordkeeping and reporting, lab sampling and testing, and arranging for a third-party audit; and,
- It shall not acquire quantities of regulated HFCs or blends containing regulated HFCs in excess of the allowances issued or permitted under federal law.
Buyer acknowledges that any purchase in violation of EPA allowance requirements is prohibited and subject to enforcement, including civil and/or criminal penalties under federal law.
