January 12, 2018

No CBI Claims for Import-Export Documents

EPA has finalized a rule to exclude hazardous waste import, export, and transit documents, as well as CRT export documents, from confidentiality claims. [December 26, 2017; 82 FR 60894] This effort revises the agency’s November 28, 2016 import-export rule, which was a major overhaul of the U.S. hazardous waste import and export regulations. [81 FR 85696] The 2017 revisions to the import-export regs are consistent with the agency’s February 2014 e-manifest final rule that states that the regulated community can no longer assert that information entered on paper or e-manifests is confidential business information (CBI). [79 FR 7517]

The revisions included in this final rule will take effect in all states on June 26, 2018. These import-export requirements will be administered by EPA as a foreign policy matter and will not be administered by states. Although states do not receive authorization to administer RCRA’s import-export functions, states are still required to adopt the provisions in this rule to maintain their equivalency with the federal program.

EPA had previously proposed to require importers/exporters to maintain publicly accessible websites, posting import-export confirmations of receipt, recovery, and disposal. [November 28, 2016; 81 FR 85459] The agency has decided not to finalize these internet posting requirements.


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