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Compliance and Enforcement Annual Results:
FY2007 Imports Safety

FY2007 Annual Results Topics

EPA’s Enforcement Program continues to address the illegal importation of noncompliant goods into the United States by bringing enforcement actions against importers and others; providing compliance assistance to manufacturers, importers and brokers; and working with other governments, agencies and stakeholders to prevent and reduce risks of unsafe products entering our country. 

Clean Air Act Enforcement

In the last few years, there has been a surge in the number of imported motor vehicles, motor vehicle engines, and non-road equipment – such as tractors, lawn mowers, generators and other small engines.  A large portion of the imported engines are not certified to meet EPA certification standards under the Clean Air Act (CAA).  Uncertified engines can emit air pollutants at levels as much as 30% above EPA standards.  This is of concern because roughly half the air pollution in the United States is cause by on-road and off-road mobile sources, thereby increasing the risk of respiratory illness and other adverse effects.

In Fiscal Year (FY) 2007, 85 enforcement actions – more than double that of the previous two years combined – were taken by EPA and Customs to stop engines and equipment that did not comply with the CAA from entering the United States. 

Consistent with the CAA and our international obligations under the Montreal Protocol on Ozone Depleting Substances, EPA has both civil and criminal authorities for taking action against substances that harm human health and the environment by depleting ozone in the upper atmosphere.  EPA’s enforcement authorities include taking actions against persons who continue to sell and distribute banned ozone depleting substances.  

In 2005-2006, based on tips from domestic novelty businesses and Customs officials, EPA learned about and acted on imported aerosol confetti string products containing banned substances as propellants.  (The banned substances were cheaper than legal alternatives.)  Following EPA’s 2006 action ordering five national retailers to pull millions of banned products from their shelves and destroy them properly, additional administrative enforcement orders were issued to national retailers in 2007 and investigations are on going for other imports of illegal CFCs.

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Federal Insecticide Fungicide and Rodenticide Enforcement

EPA brought enforcement actions related to import safety under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) in FY 2007.  Except under certain limited circumstances (for example, for research purposes), it is illegal to sell or distribute pesticides that have not been reviewed and registered for use by EPA or that are not in compliance with the terms of their EPA registrations.

Illegal pesticide imports include a wide range of products, such as naphthalene mothballs and related products (moth tablets, clothes hangers and urinal cakes), chlorine pool disinfectants, insecticidal chalk, roach killers, mosquito coils and rat poisons.  Some cases have involved the use of highly toxic pesticides (registered for agricultural use only) in homes, where children are particularly at risk. 

EPA stepped up pesticide import inspections at border crossings and other ports of entry, and conducted sweeps and educational campaigns in urban neighborhoods that are at high risk for using illegal imports.  Noncompliant imports, when identified prior to or at the time of arrival, are denied entry at the border or port, further ensuring that these dangerous products do not get into our homes.  

Products that do not meet EPA regulations that have managed to elude detection at arrival but are subsequently discovered in the market place can be placed under a Stop Sale, Use or Removal Order (SSURO) until disposed of; returned to the country of origin or brought into compliance.  Penalties may also be assessed against importers of such products.  For example, under the Agency’s Children’s Health Initiative, EPA Region 2 works with state agency partners to target two major urban areas each year, and these efforts resulted in more than $221,000 in assessed penalties in FY 2007. 

Also in FY 2007, EPA enforcement actions resulting in penalties of more than $350,000 were issued for import violations against eleven companies involving unregistered and/or misbranded pesticide products ranging from mothball products to antibacterial wipes, various disinfectants/germicides, and herbicides. These cases included penalty actions against: Fourquarters Wholesale ($143,000); Triunfo-Mex, Inc. ($84,500); Concord Enterprises ($59,000); Valent USA Corporation ($27,300); Dos Amigos Distributors, Inc. ($10,400);  Winston Company, Inc. ($6,500); Troy Corporation ($5,580); Karabetian Import & Export ($4,680);  Jotun Paints ($3,900); Pacific Genuity, Inc. ($3,120); and Aldis Manufacturing LTD ($3,120).  SSUROs were also issued against Valent USA Corporation and Jotun Paints.

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Toxic Substances Control Act Enforcement

Using Customs and Border Protection (CBP) information on imports, nine companies were targeted and inspected for possible Toxic Substances Control Act (TSCA) importation violations in FY 2007.  Of the nine, four inspections have lead to enforcement actions and the other five are still in review.  Three of the four enforcement actions have led to penalty settlements exceeding $79,000 during FY2007, including cases against National Plastics, Inc. (Kansas), Arkema (Texas) and Oxid, LP (Texas).  The companies violated TSCA’s Inventory Update Rule, which requires current knowledge of where and in what quantity specific toxic chemical substances are manufactured and/or imported. 

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Interagency Working Group on Import Safety

Recognizing the need to ensure the safety of imports entering the United States, on July 18, 2007, President Bush created an Interagency Working Group on Import Safety.  Participating federal agencies, including EPA, were charged with reviewing our authorities and practices related to imports, and identifying opportunities for improvement.  On November 6, 2007, the Working Group presented to the President a final Action Plan that provides for short- and long-term recommendations to protect consumers by enhancing the safety of imports into the United States.  This effort is consistent with EPA’s longtime commitment to prevent and reduce the risks of illegal imports.  Additional information can be found at www.importsafety.gov.  Among other efforts, EPA will continue working to ensure full integration with the single-window filing system for imports and exports, the Automated Commercial Environment, or ACE.  

EPA will continue to share its scientific expertise and regulatory standards to help our trading partners facilitate the trade of safe and compliant products and otherwise support the broader goal of protecting public health and the environment.  An example of this is EPA’s efforts to put in place with China an MOU for ensuring cooperation regarding product imports and exports between the U.S. and China to prevent and correct noncompliance.  EPA coordinates with Customs and Border Protection (CBP) to support their efforts to more effectively identify imports that violate U.S. standards, and EPA's Office of Enforcement and Compliance Assurance is working with environmental and law enforcement agencies in Canada and Mexico to determine how information about noncompliant or suspect imports can be shared appropriately between our countries.  EPA also actively works with domestic and foreign trade groups who may be impacted by noncompliant imports within their sector.

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Annual Results by Fiscal Year:
FY2008 | FY2007 | FY2006 | FY2005 | FY2004 | FY2003 | FY2002 | FY2001 | FY2000 | FY1999

 

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