The Environmental Protection Agency (EPA) has removed the exemption for “ancient engines” used in non-road vehicles. An “ancient engine” refers to an engine that was first manufactured at least 21 years ago and remains in its original configuration, as defined by 40CFR 1068.315(i). This exemption is no longer applicable for importing nonconforming engines. However, the exemption for engines with identical configurations will still allow the importation of nonconforming engines.
This change was implemented through the rulemaking process outlined in the document “Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards – 88 FR 4296.” The rule was finalized on January 24, 2023, and took effect on March 27, 2023. The new rule eliminates the exemption for “ancient engines” in non-road vehicles.
Please refrain from using the exemption code “9” in the PG24 record remarks code when filing for the PGA message set, which previously corresponded to the paper form 3520-21 for non-road vehicles and engines. This exemption code is no longer valid.
The EPA supplemental to the CATAIR has been updated to reflect this change. You can find the updated Implementation Guide (IG) at [insert link here].
The ACE software is currently being updated to reject the use of exemption code “9”. The Customs and Border Protection (CBP) will send a CSMS (Cargo Systems Messaging Service) when this update is in production. However, please note that the production deployment date is expected to be no earlier than August 5. CBP will also send a CSMS to notify when this update is available in CERT and to confirm the production deployment date.
If you have any questions regarding this EPA requirement for vehicles and engines, please contact the EPA Imports Hotline, Compliance Division, Office of Transportation and Air Quality. You can reach them by phone at (734) 214-4100 or by email at [email protected].
