Clean Air Act (CAA) and American Innovation and Manufacturing (AIM) Act Compliance
The Seller 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.
Under EPA’s regulations contained in 40 CFR 84.5(f), consumption allowances must be expended for any goods purchased as a government auction. The only current regulatory requirement to participate in auctions of regulated HFCs is for the potential bidder to possess and expend the requisite number of allowances. While not a pre-requisite to bid, winning bidders must follow certain requirements, including but not limited to lab testing and sampling prior to sale in U.S. commerce. For the purposes of these U.S. Treasury seized property auctions, registered bidders will need to provide their EPA-issued AIM ID credentials.
In instances where a winning bidder is repackaging regulated substances, whether as a single component or multicomponent substance, they must perform lab sampling and testing in accordance with the applicable regulations even if a certificate of analysis was available at the time the bidder took physical possession of the goods. In combination with existing labeling and purity requirements and the requirement to expend allowances for auctioned HFCs, this ensures that the purchaser at auction knows the composition of the HFCs and whether those HFCs meet the regulatory purity standard prior to sale, thereby aligning with the requirements and intent of the AIM Act.
During scheduled preview times and by appointment only, auction participants will be allowed access to a sample cylinder of each auction lot to perform their own initial inspection and analysis of the refrigerant. Interested parties would need to provide their own equipment (such as a hand-held refrigerant analyzer). Any testing is at the expense and liability of the participant. All refrigerants are offered for sale as-is and without warranty. Buyers acknowledge that they relied entirely on their own inspection and information in the bidding process, and that all testing/sampling required by law will be done prior to the resale of any purchased refrigerant through this auction.
Additional information regarding USCBP seized refrigerant auctions AIM compliance:
