In March 2024, Michael Hart of San Diego, California was arrested and charged with smuggling HFCs into the United States from Mexico. This was the first prosecution in the United States to include charges related to the AIM Act, which prohibits the importation of HFCs without allowances issued by the U.S. Environmental Protection Agency (EPA). It also prohibits selling, distributing, or offering for sale or distribution HFCs imported without allowances issued by the EPA.
In September 2024, Hart pleaded guilty in federal court, admitting he conspired to illegally import HFCs into the United States from Mexico and sell them for a profit in violation of regulations. In addition to HFCs, Hart admitted to conspiring to illegally import HCFCs, namely R-22, an ozone-depleting refrigerant banned under the Clean Air Act.
HFCs are used in applications such as refrigeration, air conditioning, building insulation, fire extinguishing systems, and aerosols, and their global warming impact can much greater than carbon dioxide. Because of this, there has been an international phasedown of HFCs by 85%, resulting in an increase in the illegal smuggling and importation of HFCs.
“Congress made it illegal to import certain refrigerants into the United States without allowances because of their documented and significantly greater contribution to climate change,” said Todd Kim, assistant attorney general of the Justice Department’s Environment and Natural Resources Division. “The Justice Department is committed to enforcing the AIM Act and other laws that seek to prevent environmental harm.”
As noted in court documents, from about June to December 2022, Hart offered HFCs and HCFCs for sale via OfferUp, Facebook Marketplace, and other internet sites. He then communicated with conspirators in the United States, who placed purchase orders for the refrigerants with Hart. Once the orders were placed, Hart purchased the refrigerants in Mexico with the help of his conspirators and illegally imported them into the United States, concealed in his vehicle. Thereafter, Hart illegally sold refrigerants within the United States, profiting from the country's black market for these substances.
“[The] guilty plea for the first-ever HFC arrest demonstrates EPA's commitment to vigorously enforcing our laws at all U.S. borders and ports to prevent illegal HFC canisters from entering the U.S.," said David M. Uhlmann, assistant administrator at EPA’s Office of Enforcement and Compliance Assurance.
Hart was initially scheduled to be sentenced on December 9, 2024, but that was moved to February 3, 2025, to allow sufficient time for the probation officer to complete a pre-sentencing report (PSR). Hart faces a maximum penalty of five years in prison and a $250,000 fine.
