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EPA Accepting Confidentiality Claims for Info on Imports and Exports of Hazardous Waste

Thursday, April 09, 2015
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency is giving affected businesses until May 11 to assert claims that information concerning their imports and/or exports of certain hazardous wastes are entitled to treatment as confidential business information.

The EPA receives Freedom of Information Act requests for information that is contained in EPA database systems and/or one or more of the following documents.

- documents related to the export of Resource Conservation and Recovery Act hazardous waste, including notification of intent to export, manifests, annual reports, EPA acknowledgements of consent, any subsequent communication withdrawing a prior consent or objection, responses that neither consent nor object, exception reports, transit notifications and renotifications

- documents related to the import of hazardous waste, including notifications of intent to import hazardous waste into the U.S. from foreign countries

- documents related to the transit of hazardous waste, including notifications from U.S. exporters of intent to transit through foreign countries or notifications from foreign countries of intent to transit through the U.S.

- documents related to the export of cathode ray tubes, including notifications of intent to export

- documents related to the export of non-crushed spent lead acid batteries with intact casings, including notifications of intent to export

- submissions from transporters or from treatment, storage or disposal facilities related to exports or imports of hazardous waste, including receiving facility notices and import consent documentation

- documents related to the export and import of RCRA universal waste

Because these documents and data may identify or reference multiple parties and describe transactions involving the movement of specified materials in which the parties propose to participate or have participated, affected businesses now have the opportunity to (a) assert claims that any of the information sought that pertains to them is entitled to treatment as CBI and (b) send comments supporting their claims for such treatment.

Affected businesses could include transporters and consignees but do not include any business that actually submitted any document at issue pursuant to applicable RCRA regulatory requirements and did not assert a CBI claim as to information that pertains to that business in connection with the document at the time of its submission. Nevertheless, other businesses identified or referenced in the documents submitted by the submitting business may have a right to assert a CBI claim concerning information that pertains to them and may do so in response to this notice.

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