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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Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.